GENERAL CONDITIONS OF USE
Wellat Technologies, S.L. (“WELLAT”) with registered office at Plaza San Cristobal 2, 2D 45002 Toledo (SPAIN) with CIF ES45918885 is the owner and administrator of the platform www.getwellat.com and its applications on Wellat electronic devices (hereinafter, the “Website” and the “App”) thanks you for your interest in being part of the wellness platform. In order to register and be part of our community, as well as to access all its services, it is necessary to leave certain elements perfectly detailed, including these Conditions of Use (hereinafter, the “Conditions”), as well as our Policy of Privacy, which you can access through this link.
Please, CAREFULLY READ THE FOLLOWING CLAUSES OF OUR CONDITIONS, as they are binding regarding the use and enjoyment of both our website, services provided by WELLAT, content, applications, as well as any other function related to them. .
Notwithstanding the foregoing, we warn you that access to certain content and the use of some services or products may be subject to certain PARTICULAR CONDITIONS, which, depending on the case, will replace, complete and/or modify these Conditions of Use of WELLAT, and in case of contradiction, the terms of the particular conditions will prevail over those stipulated in the Conditions of Use.
FIRST.- OBJECT
1.1. WELLAT is defined as a private wellness platform, which operates both through its website and through applications designed for this purpose for mobile terminals, tablets or other devices, whose purpose and scope of interest is focused on providing wellness services and health through technology.
1.2. In addition, within the WELLAT platform you can find other services and content other than User profiles and that, in certain cases, may require payment prior to registration for such services. The services offered within WELLAT will be governed by their particular conditions that must be observed by Users both at the time of registration and throughout the use of the service.
SECOND.- ACCEPTANCE
2.1. WELLAT offers the content presented on its website, as well as through its mobile application, subject to acceptance of these Conditions. Therefore, the use of any of the products that make up WELLAT is not possible without the consideration of explicit acceptance of the Conditions described here.
1.2. In addition, within the WELLAT platform you can find other services and content other than User profiles and that, in certain cases, may require payment prior to registration for such services. The services offered within WELLAT will be governed by their particular conditions that must be observed by Users both at the time of registration and throughout the use of the service.
2.2. It is considered that checking the box that appears at the end of the User Registration Form implies acceptance of the Conditions in their latest and updated version, as well as the Privacy Policy and the Cookies Policy as an integral part of these Conditions.
THIRD.- USER REGISTRATION
3.1. In order to access the content of WELLAT, a unique registration is required for each User. The User’s registration will give rise to access to all the content, options and functionalities contained and offered by the WELLAT community, not including the payment services that will have their own particular conditions.
3.2. The User declares that he is over eighteen years of age and that, in any case, he is fully qualified in accordance with his personal law for access to this service and for the acceptance with full effect of these conditions and any others that regulate its operation or , in the case of a company or legal person, which is the legal representative or has authorization from it. In the event that, in accordance with the corresponding legislation, a higher age limit or additional requirements are required to carry out any acts and/or participate in WELLAT, the User undertakes to comply with them and, failing that, to refrain of the use of the network or the services involved at your own risk.
3.3. Each User accepts that he can only enjoy a registration as such in WELLAT.
3.4. Registration will take place through one of the WELLAT platforms, without prejudice to any other means that may be provided or arranged for this purpose. To successfully complete the registration, the User must provide and complete the required information, which will include elements such as, among others, name and surname, date of birth, etc. Some of the information requested will be voluntary, while others must be filled in to complete the registration (those marked with an asterisk). The User will be solely responsible for the validity, veracity and authenticity of the data entered through registration.
3.5. Once the registration is complete, the latter may access to identify themselves in WELLAT by specifying the email indicated through the aforementioned registration, and the password selected by the User, or through the data that, for this purpose, are required by the platform. welfare for access and identification.
3.6. In the event that a registration process does not end properly, because the User has not provided the necessary data, or because they have not accepted these Conditions, the Privacy Policy, or any other Agreement whose express acceptance is necessary, WELLAT will proceed to delete the data that had been entered within a period of 30 days. The User is informed that the data will not be deleted immediately.
3.7. Likewise, WELLAT reserves the right to eliminate any User account if it fails to comply with these conditions, the Privacy Policy and, where appropriate, the Particular Conditions, proceeding in the same way to the elimination of any data.
3.8. WELLAT disclaims any responsibility related to the real identity of any User, whether or not they are registered, inasmuch as the confirmation, case by case, of the identity of each User who accesses any of the products belonging to the WELLAT platform is impossible in the practice. Therefore, each User will be solely responsible for confirming the identity of other WELLAT Users, in the event that they wish to interact with them through any means, whether or not limited to the WELLAT platform itself.
3.9. To use the service, the User must use the email and password (“Keys”). The User undertakes not to reveal the information of his account or his Passwords to third parties. The User is solely responsible for maintaining the confidentiality and security of his account, and for all activities that occur through his account, and agrees to immediately notify WELLAT of any security breach in his account. WELLAT will not be responsible for any loss or damage arising from the unauthorized use of your account.
3.10. Each User will be responsible for the lawful use of their WELLAT account, and must establish the appropriate measures to prevent fraudulent or unauthorized use of said User account. In the event that a User suspects that an unauthorized use of their WELLAT account is being made without their consent, they must inform the WELLAT team as soon as possible, through the email address info@getwellat .com
In case of detecting an unauthorized or fraudulent use of a User account, WELLAT may proceed to cancel and eliminate it.
FOURTH.- CONTENT GENERATED BY THE USER
4.1. The User grants WELLAT, free of charge and non-exclusively, the unlimited right to use all the content generated or uploaded by any User, as well as that which is transmitted, saved and published, through the WELLAT services. Therefore, WELLAT will enjoy the right to use, through any means, said material, whether as part of the WELLAT platform itself, or any other activity carried out by WELLAT or associated companies or entities. This will also include the right to introduce the changes that are deemed pertinent in said content, unless they could harm in any way the interests of the User who has generated such content. In addition, the User will condone, within the legally established limits, any applicable intellectual property right, except for those that are inalienable.
4.2. WELLAT declines all responsibility related to the content created by the Users, as well as its accuracy.
4.3. Without prior notice, WELLAT may proceed to remove any content created by Users, without prejudice to WELLAT notifying the User of said action, and taking the measures it deems appropriate for breach, where appropriate, of the Conditions, as it is foreseen in the SIXTH Clause.
FIFTH.- INDUSTRIAL INTELLECTUAL PROPERTY AND IMAGE RIGHTS OF WELLAT
5.1. Access to the WELLAT platform implies the enjoyment of content (“Content”) made up, among others, of software, text, graphics, images, photographs, phonographic, audiovisual material, data, images, designs or brands. The Content is the property of WELLAT or, failing that, is the property of third parties, who have granted WELLAT the necessary authorizations and assignments for its use.
5.2. The unauthorized use of the Content will constitute an infringement and violation of the rights of intellectual, industrial property or those that correspond. The User will not enjoy any rights over the Content, beyond those expressed in these Conditions, as well as all those that arise from the use of the functionalities of the WELLAT platform, not being authorized any other use not included in the above. described.
5.3. The sale, transfer, license, sublicense or assignment of the Content, as well as its modification, reproduction, public communication, distribution, or any use of the Content for commercial purposes, beyond any of the uses provided by WELLAT, is expressly prohibited. In case of violation and breach by a User of any of the prohibitions contained herein, WELLAT reserves the right to proceed to cancel the account of said User.
5.4. The use of WELLAT’s own functionalities, and its Content, must be carried out for personal and private purposes, excluding use for commercial purposes, unless expressly approved by WELLAT.
SIXTH.- COMMUNITY RULES
6.1. Every WELLAT User must comply with the following obligations:
– Keep your personal information, provided through the registration process as a User, duly updated and completed, guaranteeing its veracity and authenticity.
– Have the proper authorizations and licenses on the content that you publish, transmit, distribute or make available through WELLAT. The User, for this purpose, guarantees that any content thus provided through WELLAT is their property, or that they have the rights required for such dissemination, either through the mandatory permission, license, concession or prior and express authorization. In particular, WELLAT Users guarantee the observance and due respect for intellectual property rights, industrial rights or image rights that may be held by third parties, with the Users themselves being solely responsible for the illicit use of any of them.
– No User may disseminate, transmit, host or distribute, through WELLAT, any content that is offensive, racist, sexist, violent, discriminatory or that can be classified in any case as illegal, contrary or inappropriate to good customs. In any case, the qualification, as provided, of any content disseminated by Users through its platform will be subject to the exclusive power of WELLAT. WELLAT may remove these contents from the platform and sanction the User who disseminates, transmits, hosts or distributes them.
– Users may not use the WELLAT service to collect personal data from other Users or to transmit material for advertising or promotional purposes, including spam, chain emails or the like.
– Users will refrain from carrying out any behavior or action tending to interfere, in any way, with the correct functioning of the WELLAT platform, both in its software and hardware aspects, especially through computer attacks, hacking, any type of viruses, Trojans or computer codes for similar purposes.
Each User will be solely responsible for the information or content entered by him within WELLAT, in accordance with the above specifications.
6.2. The User must respond, and will be responsible to WELLAT, in those cases in which the WELLAT platform has been used in such a way that rights held by third parties have been infringed, especially in relation to the material uploaded by the Users. In this way, and in the event of any claim by third parties, due to the infringement of their rights, the User whose actions have given rise to such claims, will be solely responsible for financially responding to the compensation due. , as well as against any other expense that may arise as a result of such a claim. Notwithstanding the foregoing, WELLAT reserves, among others, the use of the sanctions indicated in section 6.4 against the offending User.
6.3. WELLAT reserves the right to require, at any time, the accreditation by the means it deems appropriate, of the age, legitimacy or representation of the User, as well as the ownership and rights, including authorizations, licenses or contracts, corresponding to the contents that enter or spread on WELLAT.
6.4. In the event that a User fails to comply with any of the obligations set forth in the previous clause or in any other of these Conditions, WELLAT reserves the right to adopt any of the following measures:
– Warn the User.
– Block and/or remove infringing content
– Deactivate or temporarily suspend the account of the offending User
– Cancel the User account, that is, deactivate it irrevocably and indefinitely.
WELLAT may carry out any of these options without the need for prior notice to the User, although an attempt will be made to inform the affected User of this. In the event that WELLAT chooses to cancel a User’s account, the User will not be able to register again.
6.5. Any User who detects a breach of the Conditions included in this clause, may notify WELLAT through [email protected] so that it can take the appropriate measures that it deems necessary.
SEVENTH.-MARKETPLACE
7.1 The marketplace constitutes a space through which organizations, legal entities, companies, associations, clubs and other entities related to the world of food, sports or wellness may register in WELLAT in order to promote and offer their services.
7.2 The reservation, purchase and payment of these activities is detailed in the Reservation and Payment conditions provided to Users during the purchase process. WELLAT also recommends that before making any reservation and payment for an activity or product, Users are informed of the Particular Conditions of each company outside of WELLAT.
7.3. WELLAT is not responsible for the content published by the companies through the pages, including the veracity of the information they provide in the offers they make.
EIGHTH.- OTHER SERVICES
In addition to the functions of the wellness platform, WELLAT offers its Users the possibility of using payment services managed by third-party companies and that can be purchased through WELLAT. However, WELLAT is not responsible for the use of such services or for the relations between the Users and the companies managing them, and must be governed in any case by the particular conditions that will be specified when acquiring each specific service.
NINTH.- RESPONSIBILITY
9.1. Health Notice: WELLAT is limited to serving as a wellness platform for Users or between Users, companies and other services. In this sense, WELLAT declines all responsibility that could be generated in the practice of physical activities, the intake of the dishes suggested on the platform, or the use of the services included within WELLAT. WELLAT does not guarantee the adequacy of said content for a specific purpose at a specific time, nor will it therefore assume any responsibility for the decisions or actions taken by the User based on the above information.
To this end, each User will be solely responsible for obtaining appropriate advice on their health status and their suitability for a specific diet plan or fitness plan. WELLAT declines any responsibility related to the effects that, on the health of any User, could cause the hiring and use of WELLAT services within its platform as well as the use of services offered by third-party companies.
Let us remember that the particular conditions in the services contracted by third-party companies must be observed in any case.
9.2. Level of service: WELLAT cannot absolutely guarantee that its services, features and functions are available at any time and place, nor that the software and hardware used are completely error-free. In the same way, WELLAT cannot guarantee a data transmission free of errors, through third parties, especially the transmission through telecommunication networks and Internet providers.
Therefore, WELLAT declines all liability related to damages caused to the User as a result of the impossibility of providing any of the services that our platform includes.
The User will enjoy the functions of WELLAT under his own and exclusive responsibility, and at his own risk, including the use of the WELLAT platform through any hardware device, the download of both WELLAT and third-party material, as well as the use of the information hosted on the WELLAT platform.
It is a condition to register as a User and to be able to access the service to use a personal computer, portable multimedia player, web browser, portable device or other device that (i) meets the minimum system requirements that the service may establish at any time and (ii) is compatible with the digital rights management system for the digital content to which you have access on the service.
In any case, WELLAT will only be liable for those damages that the User may suffer as a result of a malicious act, or manifestly negligent on our part, in relation to access to our platform, the acquisition of any of our products, provision of our services. , as well as the use of our contents, tools and functionalities.
9.3. Third-party links from WELLAT: Both these Conditions and the Privacy Policy refer only to WELLAT services and products, and do not apply to links or third-party web pages accessible through WELLAT. The destinations of said links are not under the control of WELLAT and WELLAT is not responsible for the content of any of the destination web pages of a link, nor of any link included in a web page that is reached from the application, nor of any changes or updates to said pages. These links are provided solely to inform the User about the existence of other sources of information on a specific topic and the inclusion of a link does not imply the approval of the linked web page by WELLAT. For all these reasons, we recommend that you carefully read and review the privacy policy and the conditions of use of each website you visit.
TENTH.- PRIVACY POLICY
Our privacy policy can be found at the following link, its content forming an integral part of these Conditions.
ELEVENTH.- MODIFICATION OF THE CONDITIONS. NULLITY AND INEFFECTIVENESS OF THE CLAUSES
11.1. WELLAT reserves the right to review these conditions at any time for legal reasons, for technical reasons, for changes in the services offered at WELLAT or for strategic decisions. In that case, we will notify you of this by publishing it on the WELLAT website and, if after this notification you continue to use it and do not request deregistration as a User, we will understand that you expressly accept the modifications.
11.2. If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part of it that is null or ineffective, subsisting in everything else the Conditions.
TWELFTH.- NOTIFICATIONS
All notifications, requirements, requests and other communications that must be made by the parties in relation to these Conditions must be made in writing and must be sent by certified mail or burofax to the address at Paseo de San Cristobal 2, 2D 45002 Toledo or to your email address [email protected]
THIRTEENTH.- LEGISLATION
These conditions are governed by current Spanish regulations that apply to them.
To contact Wellat you can do so through the following email: