In this Agreement the following terms shall have the following meanings:
1. "Wecudos" or the "Apps" means www.wecudos.com and related web sites.
2. "Company","We," "us," or "our" means Wecudos Ltd and a Nevada corporation, and any other companies that are subsidiaries and affiliates of Wecudos. When used in the context of the company name, "Wecudos" may also refer to Wecudos Inc/Wecudos Ltd.
3. "Content" means text, graphics, images and any other material entered, processed,contained on or accessed through the Apps.
4. "Services" means services provided through the Apps.
5. “Sports and health Expert" means an individual or recognized service providers in the Sports, Health & Fitness and Medical Expert Community who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on Wecudos in their capacity as experts.
Wecudos provides users with online access to sports and health professionals. WECUDOS DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENTS, OR PRESCRIPTIONS OF ANY KIND. ALL INFORMATION PROVIDED ON WECUDOS OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY WECUDOS, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS BETWEEN WECUDOS SPORT AND HEALTH EXPERTS AND CONSUMERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A DOCTOR – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. WECUDOS IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY WECUDOS OR ANY WECUDOS MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK. THE SERVICE PROVIDERS THAT WECUDOS RECOMMEND ARE NOT EMPLOYED BY WECUDOS AND WILL INDIVIDUALLY HELD RESPONSIBLE FOR THE CARE THEY PROVIDE THEIR CLIENTS.
WECUDOS MEDICAL EXPERTS ARE NOT "YOUR" DOCTOR OR HEALTHCARE PROVIDER.
Even if your real life doctor is on Wecudos, personal medical advice, treatment or diagnosis are not permitted through Wecudos, and by using Wecudos you agree not to solicit these or use any information as if it were personal advice, treatment, or diagnosis. Do not use Wecudos in a medical emergency, or for diagnosis or treatment. Do not use Wecudos or Content or Services to diagnose or treat a medical condition. Do not use Wecudos or Content or Services in a potential or actual medical emergency. Consult your doctor. Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your doctor or your healthcare provider, or before taking any drug or changing your diet.
ALWAYS: SEEK THE ADVICE OF YOUR DOCTOR O R YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN ON WECUDOS. IMMEDIATELY CALL 911 OR YOUR DOCTOR OR GO TO THE HOSPITAL IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY.
Wecudos Sport and Medical Experts and professionals or specialists utilizing or featured on Wecudos are not employees or independent contractor service providers of Wecudos. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Wecudos. Wecudos does not recommend or endorse any specific tests, doctors, products, procedures, opinions, or other information that may be mentioned on Wecudos or by a licensee of Wecudos. The inclusion of professionals and specialists on Wecudos or in any professional directory on Wecudos does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND WECUDOS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. WECUDOS SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON WECUDOS.
The use of Wecudos by any entity or individual to verify the credentials of professionals or specialists is prohibited. All opinions and statements expressed Wecudos Medical Experts on or through Wecudos are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of Wecudos, its affiliates or any other organizations or institutions to which such Wecudos Sport and Medical Expert or such specialist or professional is affiliated or provides services.
We are committed to protecting the privacy of children. Wecudos is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of Wecudos may ask questions about or for children.
You are responsible for your account: keep your password and real name private. Accurate and complete registration information is required to use Wecudos. All members are encouraged to use password common sense: safeguard your log in password, pick a password that cannot be guessed by others, keep it private, and periodically change it. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Your use must be legal and you must be an adult to use Wecudos services. Your use of Wecudos and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use Wecudos.
Notices. When you register as a member, you agree that Wecudos may send notices to you by push notification or by email at the email address you provide when you register, or a different email address that you update through your Account Settings. We have a No-Spam policy. We do not sell or distribute the email addresses of our users.
Wecudos is a free service, which also offers paid services. It’s free to conduct a Wecudos search for your professionals. Wecudos also provides for a category of premium, optional Services and Content or Apps that can be accessed for a small fee. ("Premium Services" and "Premium Content", respectively) All such Premium Content and Services are clearly identified as such. We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.
Wecudos is for personal use. Wecudos is a service for individuals to use to support their personal health decisions. You may use Wecudos for personal, but not for commercial, purposes. Organizations, companies, and businesses may not become registered members or use our Apps through individual members. Licensed U.S. and U.K. Sport and Medical Experts may apply to participate on Wecudos to contribute to our community of care providers. We authorize you to view or download the Content and use the Services solely for your personal, noncommercial use in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. An individual's noncommercial reuse or redistribution of any portion of the Content is permitted when that use falls within what is permitted by United States Copyright law or the Lanham Act. These laws govern general personal use of copyrighted information. No commercial use or redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by us in writing. By using Wecudos, you agree not use any contact information provided by members (for example, in a private message exchange between connected members), or harvest, scrape or otherwise collect any information about our members for any reason, including but not limited to for sending unsolicited communications, including spam.
Wecudos does not make recommendations or endorsements. We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Wecudos. Wecudos is designed to be used with common sense, and in connection the advice of your doctor or your other healthcare provider. Reliance on Wecudos Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by Wecudos. We hope that our Content and Services will be useful, but we cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease. Wecudos does not guarantee the accuracy of Third Party Content. To the extent that any of the Content included on Wecudos is provided by third party content providers or other users, we have no editorial control or responsibility of such content appearing on Wecudos. Therefore, any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on Wecudos are those of such third parties or users, respectively. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not not represent or warrant that your use of the Content displayed on Wecudos or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Wecudos. We are not responsible for anything outside of Wecudos. This includes the care you may receive from the Sport and Medical Experts we recommend to you. Now or in the future, the Content and Services may link you to other websites, apps, or information, software, data, or other contents, on or off the Internet. These other sites or and contents are not Wecudos, and the information there is outside of our control. We do not control, endorse, or review the content of these sites. We do not review the contents that may be reached by such links, and we are not responsible for such content. Your linking to any other pages on other sites is at your own risk. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies responsible for such sites, and should not be attributed to us. We have not attempted to verify the truth or accuracy of any such opinion, claim, or comment, nor do we endorse or support them. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, or other content that is outside of our control.
We respect the privacy of your personal information, and do our part to keep it safe and secure. We only use data you share with Wecudos as stated in the Wecudos Privacy Statement, your personal privacy settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Wecudos, you agree to do so with information that you own or have the right to use.
We cannot control external communications, so e-mails, SMS messages and text messages transmitted out of Wecudos may not be secure. Email and short message service (SMS) or text message communications from Wecudos are not encrypted, and this information is not secured. You can opt out of receiving email, SMS, and text messages. By using Wecudos, you release Wecudos from any interception or unauthorized access to unsecured communications.
We Do Not Advertise. There is no advertising on Wecudos.
Wecudos owns or has rights to the Content and Services. When you use Wecudos, you do so under a license from us. Your license to use Wecudos is personal, revocable, nonassignable, and nonexclusive. This means that you may not use Wecudos for any commercial purpose, that we can take away your right to use Wecudos, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to Wecudos and the Content, together with all intellectual property rights embodied therein (including without limitation all engagement, rating, and ranking systems and methodologies on Wecudos) are the property of the Company or our affiliates. Rights retained by other parties in the Content, such as our Medical Experts, are their respective rights.
You must ask our permission to use our Trademarks. We have obtained or applied for various Trademarks and service marks. Wecudos, the Wecudos logo, other Wecudos trademarks and service marks and other Wecudos logos and product and service names are our trademarks (the "Wecudos Marks"). If you would like to use or display any Wecudos Marks, you must ask our permission. Without our prior written permission, or according to the terms and guidelines we will publish in a media section of the Apps, you agree not to display or use in any manner the Wecudos Marks. All trademarks, brands, and content on Wecudos are the property of their respective owners.
You agree not to infringe our Copyrights, Trademarks, Trade Secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use Wecudos as it is designed and intended to be used, including using Wecudos features which allow you to re-post Content or portions of Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook or Twitter, so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "Wecudos" without our prior written permission.
You agree not to access, view, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by Wecudos or use any Wecudos data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of Wecudos or any Content, in whole or in part, in any form or by any means.
Contact us if you believe information on our website infringes your copyright. If you believe any materials accessible on or from Wecudos infringe your copyright, you may request removal of those materials (or access thereto) from us by contacting and providing us with information pursuant to our DMCA Removal Procedure.
The Sport & Medical Experts include respected service providers in the fields of Sports Medicine, Health & Fitness and Complementary Medicine throughout the United States and United Kingdom, including from leading national medical institutions. All healthcare providers offered to you have been individually vetted and interviewed by the Wecudos team of medical experts. Only U.S. and U.K-licensed experts may apply to be and participate as Medical Experts on Wecudos.
Our members have a right to the privacy of their identity. Wecudos does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to enter into a Private Conversation or receive treatment from a Sport and Medical Expert on Wecudos that personally identifiable information will be visible to that Expert. You agree not to disclose personally identifiable information about other members that you encounter while using Wecudos (whether posted in member profiles by a member or emailed to you by a member) without the express consent of such a person. As a reminder, we prohibit commercial use of Wecudos, and these non-commercial use policies apply even to general (non-identifiable) information about other members.
All of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Wecudos and the Services and/or Content at anytime. This suspension or termination may delete information, files, and other previously available Content.
Occasionally we may update these Terms of Service. When we make changes, we will revise the "last modified" date at the top of this document. We encourage you to review these terms of service periodically. Your continued use of Wecudos constitutes your agreement to the changed terms of service.
WECUDOS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, WECUDOS SPORT AND MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. WECUDOS AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING WECUDOS AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
We cannot and do not assume any responsibility or liability for any Content or other information you submit, or your, other members, or third parties' use or misuse of information or Content transmitted or received using our Site, our tools or our Services. The use of Wecudos and the Content and Services is at your own risk. The Wecudos Site and the Content are provided on as "as is" basis. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
NEITHER WE, WECUDOS SPORT AND MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: the accuracy, reliability, completeness, correctness, or t imeliness of the Content provided on or through the use of Wecudos, whether by Wecudos or any other party; orthe satisfaction of any government regulations requiring disclosure of information on prescription drug products or he approval or compliance of any software tools with regard to the Content contained on Wecudos.
NEITHER US, THE SPORT AND MEDICAL EXPERTS ON Wecudos, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100).
Wecudos, its licensors, its suppliers, or any third parties mentioned on Wecudos are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Wecudos or Content (including member supplied Content or Health Expert supplied Content). Any claims arising in connection with your use of Wecudos or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. If we choose not to enforce any provision of this Agreement, we still keep the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
Wecudos is a registered Trademark of Wecudos Inc. and Wecudos Ltd. Any other trademark, brand, or content on Wecudos that is not the property of Wecudos is the property of its respective owner.
These Terms and Conditions and the relationship between you and Wecudos shall be governed by and construed in accordance with the Law of England and Wales and Wecudos and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
This User Agreement (this “Agreement”) is between you and Wecudos, Inc. (“Wecudos,” “we,” or “us”) and applies to your access to, use of, and participation in Wecudos’s products and services including but not limited to any content we generate for a User, as we make such products, services and content available through our web-based and mobile applications including but not limited to the Wecudos Concierge Services (the “Applications”) and/or our webhosting platform and/or by any other means (collectively our “Services”). If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept the terms and conditions of this Agreement on the entity’s behalf and that the entity agrees to accept all of the terms and conditions of this Agreement.
We reserve the right to change this Agreement at any time at our discretion, except as expressly set forth in this Agreement. If we make changes to this Agreement, we will provide notice of the changes such as by sending you an email, by providing notice through the Services, or by updating the “Last updated” date at the top of this Agreement. Your continued use of the Services after we provide notice of the changes will confirm that you accept the changes. We encourage you to review this Agreement regularly to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to the changes, you are prohibited from using the Services.
Questions or comments about this Agreement may be directed to Wecudos at email@example.com
Whenever used in this Agreement, the following capitalized terms have the following specified meanings:
“Applicable Law” means any applicable state, federal, and local laws, rules, and regulations, including, without limitation: zoning laws or restrictions; neighborhood or condominium covenants, conditions and restrictions (aka CC&R's); state and federal tax regulations; privacy and data security laws; the U.S. Patriot Act; the CAN-SPAM Act and similar laws; payment, credit, stored value, money services business, e-money and similar laws; and OFAC compliance and similar requirements.
“Booking” means the agreement between a Pro and a Client concerning an agreed consultation between the two. May also be referred to as a consultation or consult.
“Booking Request” means a User, intending to user Services as a Client, initiates permission to confirm a Booking.
“Client” means a User who buys a consultation from a Pro.
“Pro” means a qualified individual providing sports, medical, complimentary or allied healthcare services including expert advice and consultations to clients.
“Intellectual Property Rights” means any patent, copyright, trademark, service mark, trade name, trade secret, know-how, or other intellectual property right.
“Interactive Areas” means any discussion forums, blogs, private messages, emails, or other interactive features of the Services.
“Booking Charge” means the total billing charge to a Client by a Pro for the consultation using the Services inclusive of the Service Fee and all applicable Taxes.
“Payout” means the Booking Charge received by a Pro for the consultation using the Services after deduction of the Service Fee.
“Premium Services” means premium services subject to additional charges, which Wecudos may introduce from time to time.
“Service Fee” means the charge which Wecudos charges to a Pro for providing the Services in connection with consultation to a Client, currently set at 15% of the Booking Charge.
“Booking Details” means the details of a consultation as posted or listed by the Pro using the Applications, including any special terms and conditions applicable to use that Booking;
“Tax” means any sales tax, value added tax, harmonized sales tax, goods and services tax, or other similar tax imposed, directly or indirectly, by a municipal, state, or federal taxing authority, and includes withholding and personal or corporate income tax.
“Transaction Amount” means the total billing charged to a Client upon successful reservation of a Booking. This includes the Booking Charge and the cost for any Wecudos Concierge Services including any applicable fees.
“User” means any registered or unregistered user of the Services, including a Pro or a Client.
“User Content” means any text, music, sound, photos, images, video, graphics, code and other items or materials that any User creates, posts, transmits, or stores in Interactive Areas, or which is otherwise generated by a User in connection with the User’s use of the Services.
Additional capitalized terms have the Additional capitalized terms have the meaning ascribed to them in the provisions of this Agreement.
(a) Booking and Confirming Consultations.As a Client, you may issue a Booking Request for a Booking through the Services by providing the desired Booking date, start and end time, number of attendees using the Booking, a detailed explanation of the activity(ies) that will take place during the Booking, any requested Wecudos Concierge Services, and by also submitting your payment information provided by a credit card or a debit card. By Booking using the Service, you represent and warrant the following: (i) any payment information you supply is true and complete; (ii) charges incurred by you will be honored by payment card company; (iii) that you will pay the stated price for the Booking, even if you are unable to use the Booking during the time reserved; (iv) that you will not make any alteration in, or permit any alteration to be made to, any Booking; and (v) you are, and will continue at all times while using the Services to be, compliant with all Applicable Laws, Tax requirements, and any other rules, regulations, and agreements that may apply to the Booking included in the Booking Details (including applicable insurance policies) and that you agree to any terms and conditions set out in the Booking Details. The Pro may not change any terms set forth in the Booking Details after approving a Booking Request from the Client that has reserved a Booking on the basis of the previously advised Booking Details, including any prices or payment terms. After the Pro has confirmed a Booking, then the Client will be charged the Transaction Amount by Wecudos. The Transaction Amount will include the following elements: (a) the Booking Charge and (b) the cost of any approved Wecudos Concierge Services including any applicable fees. Wecudos reserves the right to terminate a Pro for any two or more failures to timely confirm a reservation for consultation. Wecudos reserves the right to terminate a Client for any chargeback or declined payment authorization.
Unless otherwise stated in the Booking Details, the start and end time of each Booking is inclusive of all setup time as well as teardown or cleanup time.
(b) Booking consultations.Once a reserved consultation has been confirmed by the Pro, a binding contract will have been entered into by and between the Pro and the Client for the relevant consultation by the Pro to the Client as-is and where- is, subject to this Agreement and the terms set out in the Booking Details.
(d) Required Insurance.As a Pro, once you confirm a Booking you are required to have adequate insurance in place to cover any people or property associated with the Booking for the activities that you will conduct there.
(a) Taxes on Transactions Concerning Pros and Clients.As a Pro or Client, you are solely responsible for determining your obligations under and your compliance with Applicable Law regarding Taxes in consultation with your tax advisor. Wecudos may not, and does not, offer any Tax-related guidance to Users of the Services. The Pro shall be responsible for ensuring that the Booking Charge is sufficient to cover all applicable Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority, which may be imposed on the Pro in relation to or arising out of the Payout.
(b) Taxes on Transactions with Wecudos.Unless otherwise specified, the Service Fee, and any charges for Premium Services, are exclusive of Taxes, customs, duties, fees or other amounts assessed or imposed by any governmental authority (other than Taxes imposed on Wecudos’s net income). You will pay or reimburse Wecudos for all such Taxes, customs, duties, fees or other amounts attributable to you immediately upon demand or provide certificates or other evidence of exemption.
(a) Cancellations and Refunds.
•(i) Cancellations by Clients.As a Client, currently you may cancel any Booking up until the booking time being confirmed by the Pro without further obligation provided. Clients will only be charged if a consultation completes successfully or if they miss a consultation, otherwise they will get a refund. Cancelled consultations will also result in a refund to the client.
•(ii) Cancellations by Pros.The cancellation of a confirmed Booking by a Pro requires intensive logistical support and can impact the high standard of service by which Wecudos’s marketplace operates. As such, in the event of any cancellation of a confirmed Booking by a Pro, Wecudos reserves the right to impose penalties on the Pro’s account including publishing an automated review indicating a cancelled Booking, and suspending or terminating the Pro’s account. A cancellation of a confirmed Booking by a Pro must be made with at least 2 calendar days’ notice. Failure to comply with the preceding sentence will result in Wecudos charging the Pro the applicable Service Fee. In addition, if any Pro cancels more than one Confirmed Booking, Wecudos may, in its sole discretion, withhold future Payouts to a Pro to make up for any losses incurred as a result of Pro’s initial cancellation. These losses may include but are not limited to, the additional costs required to complete a new Booking for a Client that has been displaced by a Pro’s cancellation.
•(iii) General.Wecudos reserves the right to make adjustments to its cancellation and refund policy in accordance with this Agreement.
(b) Overtime.In the event a consultation lasts longer than the agreed length, it is the responsibility of the Pro to ensure this is avoided or agreed with in advance with the Client. No additional charge will be applied to the Client in this case. It is the sole responsibility of the Pro to enforce the consultation duration and time keeping.
(c) Inappropriate Conduct.If you, as a Pro, permit a Client to use a Booking or, as a Client, make use of a Pro’s Booking and thereby become aware that such other User has engaged in inappropriate or illegal behavior, you must immediately report the User to the appropriate law enforcement authorities. In addition, you must notify Wecudos immediately at firstname.lastname@example.org. Although Wecudos reserves the right to terminate the accounts of any such User, your notice will not obligate us to take any action beyond that required by law or otherwise cause us to incur any liability to you, any other User, or any third party.
(d) Dispute.If a dispute arises between a Pro and a Client following the confirmation of a Booking reservation, which dispute the claiming party would like Wecudos to investigate, the claiming party must notify Wecudos at email@example.com within 3 calendar days of the alleged disputed incident and detail the circumstances of such disputed incident and provide all available documentation including, without limitation, a walkthrough report and photographs or video or other physical or documentary evidence concerning the dispute. Any disputes submitted after the 3-day period will be deemed outside Wecudos’s statute of limitations and no action will be taken. Disputes submitted within 3 calendar days of incident will be reviewed by Wecudos. Wecudos will independently contact the Pro and Client to investigate the dispute. If warranted, Wecudos will mediate the dispute and make best reasonable efforts to resolve the matter quickly and amicably.
(e) Disclaimer and Release of Liability.All interactions between you and any other User are at your sole risk. Your use of the Services and your contact, interaction, or dealings with any third parties arising out of your use of the Services is solely at your own risk. Wecudos is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any Pro or Client or third party vendor providing Wecudos Services for any personal injuries, death, property damage, loss, theft, or other damages or expenses resulting therefrom. Because the Services are merely a platform, in the event that you have a dispute with any Users or third party vendors of Wecudos Concierge Services, you release the Wecudos Parties from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(a) The Services.As between you and Wecudos, Wecudos owns all right, title, and interest in and to the Services. No license or other right in or to any Intellectual Property Rights in the Wecudos Platform or Services is transferred to you by virtue of this Agreement. You will not infringe, misappropriate, or violate any Intellectual Property Rights of Wecudos.
(b) User Information and Content.Between Wecudos and you, you own all User Content made available to Wecudos in connection with your use of the Services. You hereby grant to Wecudos a worldwide royalty free license to use such User Content as reasonably required in order to facilitate the provision of the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY WECUDOS IN A WRITING, THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WECUDOS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY WECUDOS MARKS, THIRD-PARTY TRADEMARKS, THE SERVICES, AND THE MATERIALS, INCLUDING IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU HEREBY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
Wecudos reserves the right to modify or discontinue (whether temporarily or permanently) any or all of the Services without prior notice, and hereby disclaims all liability for any such modification, suspension, or discontinuance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WECUDOS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES, EVEN IF ANY OF THE WECUDOS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL, AGGREGATE LIABILITY OF THE WECUDOS PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE THE SERVICES; MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICES OR WITH ANY TERMS OR CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
You will defend, indemnify, and hold harmless the Wecudos Parties from and against any and all third-party claims, damages of any kind, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to any of the following: (a) your access to, use of, or conduct in connection with the Services; (b) your interaction with any User or provider of Wecudos Services; (c) your agreement with any Pro or Client or third-party vendor of Wecudos Services; (d) your addition of any Booking; (e) the use, condition, or licensing of any Booking or reservation or use of any Wecudos Service, including any injuries, losses, damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a reservation, license, or use of a Booking or Wecudos Service; (f) your violation of this Agreement; or (g) your violation of the rights of another.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND WECUDOS TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and Wecudos agree to arbitrate any dispute, claim, or controversy arising from or related to this Agreement or the Services, except that neither you nor Wecudos is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU AND WECUDOS FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Wecudos agree as follows; you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration; (b) any arbitration will occur in United Kingdom and (c) arbitration will be conducted confidentially by a single arbitrator .The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration parties unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, Whether the dispute is heard in arbitration or in court, NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE APPLICATIONS, AND NEITHER YOU NOR WECUDOS will commence against the other a class action, class ARBITRATION, or other representative action or proceeding.
Notwithstanding any of this Agreement, we reserve the right, without notice and at our discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services. Wecudos reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, and you agree that Wecudos may recover its reasonable attorney’s fees and court costs from you for such actions. Even while your right to use and access to the Services is suspended and after it is terminated, this Agreement will remain enforceable against you.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Wecudos may freely transfer or assign all or part of this Agreement without restriction and at our discretion. Enforcement of this Agreement is solely at Wecudos’s discretion, and failure to enforce any part of this Agreement in some instances does not constitute a waiver of our right to enforce the same or other part of this Agreement in other instances. As used in this Agreement, “including” means “including (without limitation).” The section headings of this Agreement are for reference purposes only and will not affect the meaning or interpretation of this Agreement. If any provision of this Agreement is or becomes unlawful, void, or otherwise unenforceable (including the warranty disclaimers and liability limitations set forth above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of this Agreement will continue in full force and effect. This Agreement is enforceable only by and between you and Wecudos; except as otherwise expressly set forth herein, there will be no third party beneficiaries to this Agreement.