Terms and Conditions
Welcome to Wellness On Wings!
Wellness On Wings is the business owned by Building Empowerment Entrepreneurs (Pty) Ltd (Registration Number: 2022 / 257123 / 07), a private company domiciled in South Africa
This wellness marketplace platform caters for both Members and Customers focusing in the wellness industry. Members register to provide a selected service/s from the categories of wellness on the platform (Body, Mind & Soul).
Customers who register can select and book wellness services from a wide variety of choices in a safe and convenient way.
Use of our website, www.wellnessonwings.com, indicates that You, a Natural or Juristic person (“the User”) have understood and agree to be bound by this Agreement. Wellness On Wings Privacy Policy is incorporated by reference into this Agreement and is subject to this Agreement. Wellness On Wings may amend this Agreement at any time. All amended Terms shall be effective automatically and immediately upon the posting of the revised Agreement and any subsequent activity in relation to the Website shall be governed by such amended Terms and Conditions of usage.
Have a good time, and remember our house rules!
1. Introduction
1.1 Welcome to Our platform (the 'Website'). We'll refer to our website and other services as our "Services", and Wellness On Wings will hereafter be addressed individually or collectively as “WOW”, "We", "Us", or "Our". Do read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you'll be agreeing to our Terms. The Terms are set out here for you, so that you are aware of your legal rights when using our services.
1.2 This document and any documents referred to within it will collectively make up the 'Terms of Service'.
1.3 Our "Services" include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services is also subject to these Terms of Service. Content that is posted by Users using our Services will be "Your Content". Your Content includes your usernames, business names, profile pictures, listing photos, listing description, reviews, comments, videos etc.
1.4 Our services include an online platform service that provides a place and opportunity for the rendering of services and/ sale of goods between the customer ("Customer") and the member ("Member"), collectively known as "Users" or "Parties". The actual contract for a sale is directly between the Customer and the Member. However, if you have problems with your service, we may step in to help (refer to section 10). We do pre-screen of Members and any of their Content before approving them as members. We cannot ensure that Users will actually complete a transaction successfully. WOW will manage refunds from Members. Any payments not made on our platform and/or fraudulent transactions made to Members outside of our payment portal will not be the responsibility of WOW.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limit on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
2. Privay
2.1 We know your personal information is important to you, so it's important to us. Our Privacy Policy details how your information is used when you use our Services. When using our Services or providing information on the site, you consent to Our collection, use, disclosure, and processing of Your Content and personal data as described in the Privacy Policy.
2.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
3. Your Account
3.1 You'll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us:
3.1.1 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.1.2 Be honest with us, and provide accurate information about yourself. False information or impersonation of another person or company through your account will be considered as fraud.
3.1.3 You are responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person's name on the account will be ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable and could lead to immediate termination of your Membership.
3.1.4 As we've mentioned above, you're solely responsible for any activity on your account, so remember to keep your login and password secure.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Wellness On Wings and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes usernames, business names, profile pictures, listing photos, listing descriptions, reviews, comments, video, etc.
5.1.1 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you're not infringing or violating any third party's rights by posting it.
5.1.2 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow.
5.1.3 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person's intellectual property, we will remove it if we receive proper notice.
5.1.4 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us. You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension and or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7. Purchase and Payment
7.1 Currently all payments will be made on our payments portal. Members will incur the transactional fee that is charged by the portal.
7.2 All sales on the platform are binding. The Member is obligated to complete the transaction with the Customer in a prompt manner unless an exceptional circumstance arises.
7.3 WOW will investigate and decide on refunds.
7.4 Payments to Members will be made as outlined in the Membership Contract.
8. Members Contract and Fees
8.1 The Member will pay a fixed monthly amount based on the offerings selected on the platform. This fee will be deducted from the Member’s bank account through a monthly debit order transaction. No other fees or commissions are deducted. Fees will be increased annually.
8.2 Members will be required to sign a 1year Agreement with Wellness On Wings to build the brand and minimise risk of the business. The contract will have a cooling-off period of 7 days. However, registration fees already paid will not be re-imbursed.
9. Member's Responsibilities
9.1 Members will properly manage and ensure that relevant information such as the price and the details of items, inventory amount are in order and will not post inaccurate or misleading information.
9.2 The pricing of items/services for sale are determined by the Member at his/her own discretion. The price of an item and shipping charges will include the any additional charges such as sales tax, value-added tax, tariffs etc. Members will not charge Customers such amounts additionally and separately.
9.3 Members are obligated to deliver items/services as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstance the Member is obliged to contact the Customer to inform them of any delays or inability to complete the transaction.
9.4 Members will issue additional receipts, credit card slips or tax invoices to Customer on request.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgements regarding legal issues or claims.
10.3 Whether you are a Member or a Customer of an item/service, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Customer
10.4.1 You may raise two types of disputes, one where the 'service is not delivered' and the member is not responding to any of your attempts to communicate. The second type of dispute is where the 'service is significantly not as described – unhappy outcome'.
10.4.2 You may pursue a report about a transaction or contact your card provider to pursue any chargeback options that may be available to you from your card provider. However, you may not pursue both options at the same time or seek double recovery in respect of the same transaction. If you raise a dispute with us and subsequently file a chargeback with your card provider, we will close your report.
10.4.4 If the Customer is not happy, we will mediate if necessary to try and resolve the dispute.
10.4.5 If the 'service is significantly not as described', and both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we hold about the item. We will exercise our decision-making authority based on numerous factors, which include the description of the item at the point of purchase, communications between you and the Member as well as any documentation provided. All decisions made by us are final.
10.5 Disputes as a Member
10.5.1 As a member, we encourage you to communicate actively with your customer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your customers in order to avoid any unnecessary disputes.
10.5.2 For 'services that are not delivered' we will investigate and if proof of service not being provided is submitted, then we may resolve the dispute in favour of the customer with a full refund.
10.5.3 For 'services not as described' disputes, we will be reviewing the description and images that are provided. If both parties cannot agree as to the difference between the item/service that was sold and what was described, we will make a fair decision based on all the information we are provided with. We will exercise our decision-making authority based on numerous factors, which include the description of the service required at the point of purchase, communications between Member and the customer as well as any documentation provided. All decisions made by us are final.
10.5.4 If the Member attempts to pursue any chargeback options, we will close the dispute in order to prevent double recovery.
11. Disputes with Us
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:11.1.1 Governing Law. The Wellness On Wings South African laws govern the Terms of Service. The South African laws are dependent on the location of incorporation. These laws will then apply no matter where in the world you live.
11.1.2 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
12. Changes to the Terms
12.1 We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.12.2 We may revise the Terms of Service but the most current version will always be at this link.
12.3 We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the system or via a separate email.
12.4 The current version of the Terms of Service contains the only terms that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version.
13. Prohibited Items/ Services
Wellness on Wings is not a curated marketplace. However, for a variety of reasons we prohibit certain types of items from our marketplace. Some of these items present legal risks to our community.It is the Member's responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws' of the marketplace's incorporation. For Member's convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.
If an item/service is found to be in violation of this policy, we may subject the Member to a range of adverse actions, including listing deletion, account suspension, account termination and legal action
The following types of items are prohibited:
i. Alcohol
ii. Tobacco products, smoke-able products, e-cigarettes and e-liquid
iii. Drugs and drug paraphernalia
iv. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition.
v. Live animals and insects
vi. Items made or derived from animals, including, but not limited to, endangered species and exotic animals
vii. Ivory or bones, including tusks, elk ivory, fossilized ivory and woolly mammoth ivory from ivory-producing animals.
viii. Human beings, human remains, body parts and items made from human remains, except for hair
ix. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous
x. Items or listings that promote, support or seek to engage users in illegal activity
xi. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation
xii. Items that infringe copyright laws including, but not limited to, unauthorized sales of eBooks
xiii. Counterfeit items
xiv. Unauthorized resale of tickets
xv. Stolen or Illegal goods
xvi. Illegal services not limited to prostitution
xvii. Pornography and adult material and services including, but not limited to, pornographic books, magazines, videos and pictures
xviii. Used undergarments and intimate items
xix. Recalled items or items that present unreasonable risk of harm
xx. Mislabelled goods
And any other items illegal or restricted in the jurisdiction of the Customer and/or the Member or which otherwise encourage illegal or restricted activities. If you see a listing that violates our policies, please contact us.
14. Contact, feedback and complaints
If you need to contact us please click on “Contact Us” for our contact details. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.15. Acceptable Use of Website
When using the Website, Users agree not to do any of the following:• Use the Website in any way, or to any effect, that breaches any law or regulation or that is fraudulent;
• Use or transfer content on the Website that You do not have the right to use or transfer under intellectual property, confidentiality, privacy or other applicable laws;
• Use or transfer unsolicited or unauthorised content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
• Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website;
• To gain or attempt to gain unauthorised access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans and worms) in order to gain or attempt to gain unauthorised access to any part of the Website;
• To conduct any automated or organised data collection activities such as, but not limited to, data mining, data extraction and data scraping on the Website;
• Transfer content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of Your obligations to any person or contrary to any applicable laws and regulations;
• Intimidate or harass another;
• Use or attempt to use another’s personal information either with the intent of impersonating or to falsely misrepresent an affiliation with such other User or for any other reason;
• Interfere with another Users’ use and enjoyment of the Website. If You breach these Terms, Your permission to use the Website terminates immediately.
16. Electronic Signature
You agree to be bound by any affirmation, assent, communication or agreement You transmit through the platform, including but not limited to any consent You give to receive communications from WOW solely through electronic transmission. You agree that, when in the future You click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device. Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.17. User Accounts
You can sign-up as a Solopreneur or Business on the Website. You bear full responsibility for the information You supply to WOW and guarantee that such information is accurate. Should such information change it is Your responsibility to notify WOW of such changes.WOW reserves the right to refuse to register an Account for You, for any reason whatsoever including, but not limited to, if You breach any of the Terms of Use for the Website. Should You have any questions about this Agreement and/or any other enquiries, You may contact Us via the ‘Contact Us’ page on the Website.
18. Disclaimer
The standard content on this Website is provided for general information purposes. All standard content contained on the Website is provided by WOW and/or its partners, agents or representatives, WOW does not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise.19. Access
WOW reserves the right to restrict access to any areas of, or the whole website to any Users at our discretion. The Website is controlled and offered by WOW from its facilities in South Africa. WOW makes no representations that the Website is suitable or available for use in other countries. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law.20. Warrantees
Every effort is made to keep the Website up and running smoothly. However, WOW takes no responsibility for, does not warrant and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.All standard content contained on the Website is provided by WOW and/or its partners, agents or representatives, without warranty of any kind, expressed or implied, including but not limited to, any implied warranties that the functions or content contained on the Website will be uninterrupted or error-free, that errors will be corrected, or that WOW’s servers are free of viruses or other harmful components. WOW does not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise.
21. Indemnities
You agree to defend, indemnify and hold WOW. its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including, but not limited to, reasonable legal fees, resulting from, or alleged to result from, Your use of the Website.WOW shall not be responsible or liable whatsoever in any manner for any content posted on the Website (including claims of infringement relating to content posted on the Website for Your use, or for the conduct of third parties whether on the Website or otherwise relating to the Website).
You agree to defend, indemnify and hold WOW, its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements, including but not limited to, reasonable legal fees, resulting from or alleged to result from any communication between Users facilitated by use of the Website.
22. Intellectual Property
All rights in the Website and the content on the Website including copyright, design rights, database rights, trade marks, patents, inventions, know how, source codes and any other intellectual property rights in any of the foregoing are reserved for WOW and/or WOW’s content and technology providers.The WOW logo displayed may be subjected to copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written consent.
The Website may contain further text, images, and graphics, that are subject to the copyright of third parties and You agree not to use such materials in a manner that violates the rights of such third parties.
You may not (and may not authorise another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a User the impression that You or a third party has the right to display, publish or distribute the Website.
No license to WOW’s intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated.
You may not use any information or material on the Website for commercial purposes without prior consent of the owner of that information.
23. Links
This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You. Such links do not signify that WOW endorses the website(s) linked to this Website.You agree that WOW shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on third party websites is the responsibility of those websites, and not of WOW.
You may not create a link to the Website from another website without prior written consent from WOW. WOW reserves the right to withdraw linking permission without notice.
Effective Date: [Date]