Welliba Terms of Use
Last revised 12 January 2024
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Welliba’s web site located at www.welliba.com (the "Site"). The Site is the property of Welliba Ireland Limited (“Welliba”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
Welliba reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Such changes shall be effective as of the date of posting on the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Welliba grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by Welliba, and is protected by intellectual property rights.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Welliba’s express prior written consent.
Your Use of the Site: no unlawful or prohibited use
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Welliba reserves the right to bar any such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Welliba server, or to any of the services offered (if any) on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service (if any) or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Welliba on or through the Site or any service (if any) offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Welliba or others.
Privacy
Welliba’s Privacy Notice applies to use of this Site, and its terms are made a part of these Terms of Use by reference. To view Welliba’s current Privacy Notice, please Click Here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others.
Links to Other Sites and to the Welliba Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Welliba’s control, and Welliba is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
WELLIBA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE (IF ANY) OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WELLIBA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WELLIBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WELLIBA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WELLIBA SERVICES (IF ANY). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WELLIBA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use (and all of the foregoing relating to the Site or use of the Site) whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
Except where prohibited by law, in no event will Welliba be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits whatsoever including resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of information available from the Site.
Indemnity
You agree to indemnify and hold Welliba, its officers, directors, shareholders, successors in title, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Welliba by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Welliba may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Welliba’s rights or property, or the rights or property of visitors to or users of the Site. Welliba reserves the right at all times to disclose any information that Welliba deems necessary to comply with any applicable law, regulation, legal process or governmental request or to enforce these Terms of Use.
If Welliba does take any legal action against you as a result of your violation of these Terms of Use, Welliba will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Welliba. You agree that Welliba will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Republic of Ireland. The courts of Ireland shall exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use.
Miscellaneous
Welliba reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Welliba may terminate your access to the Site at any time and for any reason with or without notice to you. Welliba shall not be liable to you for any loss associated with termination of such access to the Site.
If any of the provisions of these Terms of Use are held by a court to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and Welliba with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Welliba with respect to such use are hereby superseded and cancelled.
Welliba’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Welliba of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Welliba and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.