TERMS & CONDITIONS

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website,(“Our Site”). Please read these Terms of Use carefully and ensure that you understand them.Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services. Please refer to our Terms of Sale below for more information.

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1. Definitions and Interpretation

 

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

 

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

 

“Content”

 

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

 

“User”

 

means a user of Our Site;

 

“User Content”

 

means any content submitted to Our Site by Users including, but not limited to, comments, product reviews etc, and

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“We/Us/Our”

 

means www.thewellfrequency.com, whose registered address is 6056 Hwy 182 West, Starkville, MS 39759 USAa nd whose main trading address is 6056 Hwy 182 West, Starkville, MS 39759 USA

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2. Information About Us

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2.1 Our Site, www.thewellfrequency.com, is owned and operated by The Well Frequency of 6056 Hwy 182 West, Starkville, MS 39759 USA

 

3.Access to Our Site

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3.1 Access to Our Site is free of charge.

 

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

 

3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at anytime and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

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4. Accounts

 

4.1 Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.

 

4.2 You may not create an Account if you are under 18 years of age.If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

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4.3 When creating an Account, the information you provide must be accurate and complete.If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

 

4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe.You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at usa@thewellfrequency.com. We will not be liable for any unauthorized use of your Account.

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4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

 

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

 

4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

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4.8 If you close your Account, any comments or product reviews you have created on Our Site will be deleted.

 

5. Intellectual Property Rights

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5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.All Content (including User Content) is protected by applicable United States and international intellectual property laws and treaties.

 

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

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5.3 You may:

 

5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

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5.3.2 Download Our Site (or any part of it) for caching;

 

5.3.3 Print one copy of any page(s) from Our Site;

 

5.3.4 Download extracts from pages on Our Site; and

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5.3.5 Save pages from Our Site for later and/or offline viewing.

 

5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

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5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.This does not prohibit the normal access,viewing and use of Our Site for general information purposes whether by business users or consumers.

 

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting;caricature, parody or pastiche; and the incidental inclusion of copyright material.

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6. User Content

 

6.1 User Content on Our Site includes (but is not necessarily limited to) comments and product reviews.

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6.2 An Account is required if you wish to submit User Content.Please refer to Clause 4 for more information.

 

6.3 You agree that you will be solely responsible for your User Content.Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

 

6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

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6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein.When you submit User Content you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

 

6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

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6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

 

7. Links to Our Site

 

7.1 You may link to Our Site provided that:

 

7.1.1 you do so in a fair and legal manner;

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7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

 

7.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

 

7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

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7.2 You may not link to any page other than the homepage of Our Site,deep-linking to other pages requires our express written permission.

 

7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.Please contact us at for further information.

 

7.4 You may not link to Our Site from any other site the main content of which contains material that:

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7.4.1 is sexually explicit;

 

7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

 

7.4.3 promotes violence;

 

7.4.4 promotes or assists in any form of unlawful activity;

 

7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

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7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

 

7.4.7 is calculated or is otherwise likely to deceive another person;

 

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

 

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

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7.4.10 implies any form of affiliation with Us where none exists;

 

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

 

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

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7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4.You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

8.Links to Other Sites

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Links to other sites may be included on Our Site.Unless expressly stated, these sites are not under Our control.We neither assume nor accept responsibility or liability for the content of third party sites.The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

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9. Disclaimers

 

9.1 Nothing on Our Site constitutes advice on which you should rely.It is provided for general information purposes only.Professional or specialist advice should always be sought before taking any action relating to health and well-being.

 

9.2 In so far as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

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9.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.Please note that this exception does not apply to information concerning services for sale through Our Site.Please refer to Our Terms of Sale below for more information.

 

10. Our Liability

 

10.1 The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of services, which is governed separately by Our Terms of Sale below.

 

10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

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10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

 

10.4 Our Site is intended for non-commercial use only.If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

 

10.5 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

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10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

 

10.7 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

11. Viruses, Malware and Security

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11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

 

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

 

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

 

11.4 You must not attempt to gain unauthorized access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

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11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

 

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offense under the Computer Misuse Act 1990.Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.Your right to use Our Site will cease immediately in the event of such a breach.

 

12. Acceptable Usage Policy

 

12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

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12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

 

12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

 

12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

 

12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

 

12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:

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12.2.1 is sexually explicit;

 

12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

 

12.2.3 promotes violence;

 

12.2.4 promotes or assists in any form of unlawful activity;

 

12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

 

12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

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12.2.7 is calculated or is otherwise likely to deceive;

 

12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

 

12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

 

12.2.10 implies any form of affiliation with Us where none exists;

 

12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

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12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

12.3 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use.Specifically, We may take one or more of the following actions:

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12.3.1suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

 

12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

 

12.3.3 issue you with a written warning;

 

12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

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12.3.5 take further legal action against you as appropriate;

 

12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

 

12.3.7 any other actions which We deem reasonably appropriate (and lawful).

 

12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

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13. Privacy and Cookies Use of Our Site is also governed by Our Cookie and Privacy Policies, available from These policies are incorporated into these Terms of Use by this reference.

 

14. Changes to these Terms of Use

 

14.1 We may alter these Terms of Use at any time.Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.You are therefore advised to check this page from time to time.

 

14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

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15. Contacting Us To contact Us, please email Us at usa@thewellfrequency.com or using any of the methods provided on Our contact page.

 

16. Communications from Us

 

16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email.Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

 

16.2 We will never send you marketing emails of any kind without your express consent.If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 3 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

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16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at usa@thewellfrequency.com or via Our contact page.

 

17. Law and Jurisdiction

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17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of MS, USA.

 

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

 

17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of MS,USA, as determined by your residency.

 

17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of MS, USA.

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TERMS OF SALE BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website,(“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.These Terms of Sale, as well as any and all Contracts are in the English language only.

 

1. Definitions and Interpretation

 

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

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“Contract” means a contract for the purchase and sale of Services, as explained in Clause 8;“Order” means your order for the Services;“Order Confirmation” means our acceptance and confirmation of your Order;“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and“We/Us/Our”means thewellfrequency.comof 6056 Hwy 182 West, Starkville, MS 39759 USA

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2. Information About Us

 

2.1 Our Site, www.thewellfrequency.com, is owned and operated by The Well Frequency whose main trading address is 6056 Hwy 182 West, Starkville, MS 39759 USA

 

3. Access to and Use of Our Site

 

3.1 Access to Our Site is free of charge.

 

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

 

3.3 Access to Our Site is provided “as is” and on an “as available” basis.We may alter, suspend or discontinue Our Site (or any partof it) at any time and without notice.We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

3.4 Use of Our Site is subject to our Website Terms of Use.Please ensure that you have read them carefully and that you understand them.

 

4. Age Restrictions

 

4.1 Consumers may only purchase Services through Our Site if they are at least 18 years of age.

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4.2 None of the Services on Our Site may be purchased by anyone under 18 years of age.

 

5.Business Customers. These Terms of Sale do not apply to customers purchasing Services in the course of business.

 

6. Services, Pricing and Availability

 

6.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

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6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

 

6.3 Where appropriate, you may be required to select the required package of Services.

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6.4 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.Availability indications are not provided on Our Site.

 

6.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed. All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 working days, We will treat your Order as cancelled and notify you of the same in writing.

 

6.6 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

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7. Orders –How Contracts Are Formed

 

7.1 Our Site will guide you through the ordering process.Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.Please ensure that you have checked your Order carefully before submitting it.

 

7.2 No part of Our Site constitutes a contractual offer capable of acceptance.Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.Our acknowledgement of receipt of your Order does not mean that We have accepted it.Our acceptance is indicated by Us sending you an Order Confirmation by email.Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

 

7.3 Order Confirmations shall contain the following information:

 

7.3.1mConfirmation of the Services ordered including full details of the main characteristics of those Services;

 

7.3.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes and other additional charges;

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7.4 We can also provide a paper copy of the Order Confirmation on request.

 

7.5 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.

 

7.6 You may change your Order at any time before We begin providing the Services by contacting Us at Our contact page.

 

7.7 If you change your Order, We will confirm all agreed changes in writing.

 

7.8 If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 11 and 12.

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7.9 We may cancel your Order at any time before We begin providing the Services in the following circumstances:

 

7.9.1The required personnel and/or required materials necessary for the provision of the Services are not available; or

 

7.9.2 An event outside of Our control continues for more than 14 working days (please refer to Clause 16 for events outside of Our control).

 

7.10 If We cancel your Order under sub-Clause 8.9 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 working days.If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.

 

7.11 Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Services [unless you specifically request that We make a refund using a different method].

 

8.Payment

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8.1 Payment for the Services will be due in the form of an advance payment of the total price for the Services.Price and payment details will be confirmed in the Order Confirmation.Your chosen payment method will be charged as indicated.

 

8.2 We accept the following methods of payment on Our Site:

 

8.2.1 PayPal;

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8.2.2 Direct bank transfer;

 

8.3 We do not charge any additional fees for any of the payment methods listed in sub-Clause

9.2

 

9.Provision of the Services

 

9.1As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the health and wellness industry and in accordance with any information provided by Us about the Services and about Us.We will begin providing the Services on the date agreed when you make your Order.Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost.Please refer to Clauses 11 and 12 for more details on your cancellation rights, including the cooling off period.We will use all reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

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9.2 We will continue providing the Services until the estimated completion date set out in the Order Confirmation.

 

9.3We will make every reasonable effort to provide the Services in a timely manner and to complete them on time.We cannot, however, be held responsible for any delays if an event outside of Our control occurs.Please refer to Clause 16 for events outside of Our control.

 

9.4 If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.Depending upon the nature of the Services you have ordered.

 

9.5 If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.

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9.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Services (and will inform you of that suspension by email.

 

9.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.

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9.8 If the Services are suspended or interrupted under sub-Clauses 9.6, or 9.7 you will not be required to pay for them during the period of suspension.You must, however, pay any sums that may already be due by the appropriate due date(s).10.9If you do not pay Us for the Services as required by Clause 9, We may suspend the Services until you have paid any and all outstanding sums due.If this happens, we will inform you by email.

 

10.Your Legal Right to Cancel (Cooling Off Period)

 

10.1 If you are a consumer in the USA, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.This period begins once your Order is accepted and We have sent you an Order Confirmation, i.e. when the Contract between you and Us is formed.The period ends at the end of 14 calendar days after that date.

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10.2 If you wish to exercise your right to cancel under this Clause 11, you must inform Us of your decision within the cooling off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.If you would prefer to contact Us directly to cancel, please use the following details:

 

10.2.2 Email:usa@thewellfrequency.com

 

10.2.3 Post: 6056 Hwy 182 West, Starkville, MS 39759 USA

 

10.3[We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.]

 

10.4 As specified in sub-Clause 10.1, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

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10.4.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.

 

10.4.2 If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Us that you wish to cancel.The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided.Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing.Refunds, where applicable, will be issued within <<insert period>> and in any event no later than 14 calendar days after you inform Us that you wish to cancel.Refunds will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

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11.Cancellation After the Legal Cancellation Period

 

11.1 Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.Details of the relevant duration, cancellation provisions and minimum notice periods will be provided and confirmed in Our Order Confirmation.

 

11.2 If you wish to cancel under this Clause 12, you must inform Us of your decision to do so.You may do so in any way you wish. If you would prefer to contact Us directly, please use the following details:

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11.2.2 Email:usa@thewellfrequency.com

 

11.2.3 Post: 6056 Hwy 182 West, Starkville, MS 39759 USA

 

11.3 [We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.]

 

11.4You may be entitled to cancel immediately by giving Us written notice in the following circumstances:

 

11.4.1 We breach the Contract in a material way and fail to remedy the breach within 14 working days of you asking Us to do so in writing; or

 

11.4.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or

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11.4.3 We change these Terms of Sale to your material disadvantage; or

 

11.4.4 We are adversely affected by an event outside of Our control [that continues for more than 14 working days] (as under sub-Clause 16.2.5).

 

11.5 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums. Details of the relevant terms willbe provided and confirmed in Our Order Confirmation. If you are cancelling due to Our failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).

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11.6 Refunds under this Clause 12 will be issued to you within 7 working days and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

 

12. Our Rights to Cancel

 

12.1 For cancellations before we begin providing the Services, please refer to sub-Clause 8.9.

 

12.2 We may cancel the Services after We have begun providing them due to an Event outside of Our control [that continues for more than 14 working days] (as under sub-Clause 16.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, [you will only be required to pay for Services that We have already provided up until the point at which Weinform you that We are cancelling the contract.Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums].

 

12.3 Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 14 working days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

 

12.4 Refunds due under this Clause 13 will be issued to you within 7 working days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation.Refunds will be made using the same payment method you used when ordering the Services [unless you specifically request that We make a refund using a different method].

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12.5 We may cancel immediately by giving you written notice in the following circumstances:

 

12.5.1 You fail to make a payment by the due date as set out in Clause 9. or

 

12.5.2 You breach the contract in a material way and fail to remedy the breach within 7 working days of Us asking you to do so in writing.

 

13. Problems with the Services and Your Legal Rights

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13.1We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there  is a problem with the Services please contact Us as soon as is reasonable possible via Our contact form.

 

13.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.[In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours toremedy problems within 24 hours.]

 

13.3 We will not charge you for remedying problems under this Clause 14 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault.If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 10.5 will apply and We may charge you for the remedial work.

 

13.4 As a consumer, you have certain legal rights with respect to the purchase of services.For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you [unless you request an alternative method].In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.

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14.Our Liability

 

14.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

 

14.2 We provide Services for domestic and private use or purposes.We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(includingresale)].We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

 

14.3 [If We are providing Services in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Services.]

 

14.4 Nothing in these Terms of Sale seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

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14.5 Nothing in these Terms of Sale seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

 

14.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

15. Events Outside of Our Control (Force Majeure)

 

15.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control

 

15.2 If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

 

15.2.1 We will inform you as soon as is reasonably possible;

 

15.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

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15.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

 

15.2.4 If the event outside of Our control continues for more than 7 working days We may cancel the Contract and inform you of the cancellation.Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

 

15.2.5 If an event outside of Our control occurs [and continues for more than 7 working days and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:

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Email address:

usa@thewellfrequency.comPost: 6056 Hwy 182 West, Starkville, MS 39759 USA

 

In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

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