Terms and Conditions
TERMS AND CONDITIONS
DO NOT USE THIS APP OR SERVICE FOR MENTAL HEALTH EMERGENCIES OR OTHER EMERGENCY MEDICAL CONDITIONS OR NEEDS. IF YOU EXPERIENCE A MENTAL HEALTH OR OTHER MEDICAL EMERGENCY, IMMEDIATELY CALL 911.
If you are considering suicide or thinking about taking an action that may cause harm or danger to you or to others, you must immediately call 911. If you are considering suicide, we urge you to call the National Suicide Prevention Hotline at 1-800-273-TALK (8255). The Wellness Company also provides a directory of resources for mental health emergencies and other emergent circumstances, and we urge all users experiencing immediate or emergency crises to use these resources.
- Terms and Conditions.
Please read these Terms and Conditions (“Terms”) carefully before using the https://twc.health website or mobile application operated by The Wellness Company Inc. (“TWC,” “us,” “we,” “our”, or “App”), (all hereinafter collectively, the “Platform”). The Platform and TWC online services, including all underlying technology, App, together, will be referred to as the “Services”). TWC Services allow registered users (“Users”, “you”, “your”) to connect and communicate directly with Authorized Providers via the Services. Authorized Providers are independent contractors who have chosen to use The Wellness Company to provide Authorized Services. Authorized Providers are NOT employees nor do they otherwise act on behalf of The Wellness Company in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which TWC is not a party.
If our Authorized Providers find your care request to use Authorized Services appropriate, they may write you a prescription and send it to a US-licensed pharmacy of your choice, a TWC Pharmacy, or a pharmacy affiliate. TWC Pharmacy offers free same-day delivery nationwide; however, this is based on your prescription network. Depending on your location, delivery time may be extended. Authorized Providers cannot prescribe controlled substances. For other The Wellness Company services, our Authorized Providers may require you to complete a lab test to be fully evaluated.
TWC participates in a model Organized Health Care Arrangement (“OHCA”) as describe by the Health Insurance Portability and Accountability Act (HIPAA) for the purpose of operating and sharing best practices of protecting your health information. The OHCA creates no legal representations, warranties, obligations, or responsibilities between the entities participating in the OHCA beyond following HIPAA best practices.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Platform or otherwise communicated to you.
- Authorized Providers and Services.
The Services may be used to connect you with an Authorized Provider who will provide Services to you through the TWC Platform. We require every Authorized Provider providing Services on the TWC Platform to be a registered, trained, and experienced, and certified health care provider. Authorized Providers must have a relevant academic degree in their field and must be qualified and accredited by their respective professional organization after successfully completing the necessary education, exams, training, and practice requirements as applicable.
Authorized Providers are independent contractors who have chosen to use TWC to provide Authorized Services. Authorized Providers are NOT employees nor do they otherwise act on behalf of TWC in providing Services. The relationship between you and any Authorized Provider, is a professional-client relationship to which TWC is not a party.
AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SERVICES THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE, RECORD-KEEPING, AND ALL OTHER APPLICABLE PROFESSIONAL OBLIGATIONS, AS WELL AS COMPLIANCE WITH PRIVACY LAW.
As with any other health care consultation, no results can be guaranteed or assured in connection with our Services. Your Authorized Provider may determine that our Services are not appropriate for some or all of your treatment needs or that he/she is not permitted to provide the services you require and may elect not to provide our Services to you. Authorized Providers also have the discretion to discontinue the provision of our Services to you at any time and for any reason.
You are responsible for providing your Authorized Provider with the information that he/she advises is required in order to provide you with our Services. If you decline to provide that information, the Authorized Provider may not be able or willing to provide you with our Services.
As with any other health care services, there are risks associated with the use of our Services. In addition to any risks communicated to you by your Authorized Provider, there are risks unique to the electronic provision of health services, which include that the TWC may not permit the transmission of information in a way that allows the Authorized Provider to provide our Services directly to you.
Authorized Providers are NOT permitted to prescribe controlled substances.
- Privacy and Security.
To protect the integrity of our Platform and Services, TWC reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing our Platform.
- Rules of Conduct and Account Eligibility.
- provide true, accurate, current, and complete information about yourself as prompted by our Account sign-up form (understanding that during therapy sessions you may use a nickname);
- maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TWC has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, TWC reserves the right to transition your treatment to another Provider outside of TWC or take other steps as appropriate;
- certify that you (i) are over the age of eighteen (18), and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account; and
- remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. TWC will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
- It is a condition of your use of our Platform that you use our Platform only for lawful purposes in accordance with this Agreement, and that you do not:
- Attempt to circumvent and violate the security of our Platform by, including, without limitation:
(i) accessing content and data that is not intended for you;
(ii) attempting to breach or breaching the security and/or authentication measures, which are not authorized;
- restricting, disrupting or disabling service to users, hosts, servers or networks;
- illicitly reproducing TCP/IP packet header;
- disrupting network services and otherwise disrupting TWC’s ability to monitor our Platform;
- using any robot, spider or other automatic device, process or means to access our Platform for any purpose, including monitoring or copying any of the material on our Platform;
- introducing any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; attacking our Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or
- otherwise attempting to interfere with the proper working of our Platform.
- access or use for any commercial purposes any part of our Platform or any services or materials available through our Platform;
- directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, in any form or medium whatsoever nor delete or alter any copyright, trademark or other proprietary rights or notices from copies of materials from our Services or platform except:
(i) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(ii) A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication or distribution of any kind on any medium whatsoever;
- One single User copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use; and
- In the event that social media are linked to certain content on our Platform, you may take such actions as our Website, App, and such third-party social media platforms permit.
- Use our Services or make User Submissions that:
- Are for any purposes other than logging and submitting your data to and communicating with your Authorized Provider;
- In any manner, violates the terms of service of any third-party website that is linked to our Platform, including but not limited to, any third-party social media website;
- Includes or contains any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in TWC’s sole discretion;
- Involves stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code;
- Involves, provides or contributes any false, inaccurate or misleading information;
- Includes sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms and Conditions;
- Impersonates or attempts to impersonate TWC, an Authorized Provider, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- Transmits, or procures the sending of, any advertisements or promotions without our prior written consent, sales or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter or advertising or any other similar solicitation;
- Encourages any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform, or which, as determined by us, may harm TWC or Users of our Platform, or may expose TWC or other Users to liability;
- Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass or alarm any other person;
- Promotes any illegal activity, or advocates, promotes or assists any unlawful act; or
- Gives the impression that you originate from or are endorsed by us or any other person or entity, if this is not the case.
- Purchase and Payment Information.
If you booked an appointment through TWC, you will have twenty-four (24) hours before the appointment in which to cancel the appointment and receive a full refund. Cancellations less than twenty-four (24) hours before appointments will not result in a refund, but may be applied towards a rescheduled appointment.
If you arranged for lab work through The Wellness Company, you may return your unused lab kit and receive a full refund. In order to receive the refund, please send the unused kit to the address below by writing “Return to Sender” on the USPS shipping label and providing it to USPS. Once the package is on its way back to us, please inform us at https://vitagene.com/help/ and we will issue a refund. Please note that payments for Vitagene DNA testing kits purchased with third-party site vouchers like Groupon, CNN Store, or Joyous, are non-refundable, as are payments for at home Covid-19 kits.
Returns should be sent to:
Valencia Fulfillment Inc.
Attn: Jose Corona, Vitagene
28610 Hasley Canyon Rd
Castaic CA 91384
- Intellectual Property Rights and Ownership.
The TWC Website, App and the information they contain are the property of TWC or its licensors and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to these Terms, TWC grants to you a revocable, non-transferable, non-exclusive license to download, install, and use one copy of our Platform on a mobile device or other supported device that you own or control for your personal, non-commercial use (the “License”). The Platform is hereby licensed to you and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the TWC Services and Platform, including the object or executable code form thereof, is specifically excluded from the License granted hereunder.
Title to our Platform, and all documentation and material whatsoever related thereto, shall at all times remain with TWC, and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of TWC. Nothing these Terms gives you a right to use TWC’s names, trademarks, logos, domain names, or other distinctive brand features without prior written consent from TWC. Any future release, update, or other addition to functionality of our Website or App shall be subject to the Agreement. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
- Third-Party Content.
The Platform may contain other content, products or services which are offered or provided by third parties ("Third-Party Content"), links to Third-Party Content (including but not limited to links to other websites) or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any such Third-Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third-Party Content.
While using our platform, you may choose to authorize TWC and its third-party contractors or affiliates to retrieve and disclose your health records and protected health information. These records may not be a complete 100% comprehensive record, and these records may not be useful for diagnostic purposes. These health records will be shared with Authorized Providers to ensure great healthcare services. TWC does not alter or modify medical records received from its third parties. Please note that if you authorize to retrieve your medical records through our third-party, you may receive a more comprehensive set of medical records if the following information is provided accurately: full address, first name, last name, gender, and date-of-birth. If at any time you wish to revoke this authorization, you may do so by deleting your profile on the TWC app.
OUR WEBSITE AND APP ARE PROVIDED “AS IS”. WHILE TWC ENDEAVORS TO PROVIDE ACCURATE, CURRENT AND TIMELY INFORMATION, TWC MAKES NO REPRESENTATION, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING OUR WEBSITE OR APP INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR COVENANT THAT: (I) OUR WEBSITE OR APP AND THEIR CONTENTS WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, TIMELY, OF MERCHANTABLE QUALITY OR SUITABLE FOR A PARTICULAR PURPOSE; (II) THE OPERATION OF OUR WEBSITE OR APP WILL BE UNINTERRUPTED OR ERROR FREE; (III) OUR WEBSITE OR APP SHALL PROCESS DATE AND TIME-RELATED DATA WITHOUT CAUSING ANY PROCESSING INTERRUPTIONS, ABNORMAL TERMINATION OR WITHOUT PROCESSING OR MANIPULATING ANY TIME-RELATED DATA; (IV) OUR APP WILL NOT DISAPPEAR OR BE ERASED FROM YOUR DEVICE; (V) OUR WEBSITE OR APP WILL BE FREE FROM MATERIAL DEFECTS OR THAT DEFECTS OR ERRORS, WHETHER HUMAN OR COMPUTER ERRORS, IN OUR WEBSITE OR APP WILL BE CORRECTED; (VI) OUR WEBSITE OR APP WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS THAT MAY DAMAGE OR INFECT YOUR DEVICE OR OTHER PROPERTY; OR THAT (VII) COMMUNICATIONS TO OR FROM OUR WEBSITE OR APP WILL BE SECURE AND/OR NOT INTERRUPTED.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF THE PLATFORM. YOU AGREE TO NOTIFY TWC IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD.
- Limitation of Liability.
IN NO EVENT SHALL TWC OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO MEDICAL OR PERSONAL INJURY; WRONGFUL DEATH; INACCURATE INFORMATION; LOST BUSINESS; OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOUR OR YOUR AUTHORIZED PROVIDER’S USE, MISUSE OR RELIANCE UPON OUR WEBSITE OR APP; YOUR OR YOUR AUTHORIZED PROVIDER’S INABILITY TO USE OUR WEBSITE OR APP; THE ACTS, OMISSIONS, CONDUCT, CONTENT PROVIDED BY OR STATEMENTS AND OPINIONS EXPRESSED BY ANY THIRD-PARTY; OR THE HEALTH CARE YOU RECEIVE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF TWC OR ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, TWC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON OR ON ANY WEBSITE LINKED TO OUR WEBSITE OR APP.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TWC AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, INDEPENDENT CONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND DISBURSEMENTS, RESULTING DIRECTLY OR INDIRECTLY FROM: (I) YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS; (II) YOUR OR YOUR AUTHORIZED PROVIDER’S DOWNLOAD, USE, OR MISUSE OF, OR RELIANCE UPON, OR INABILITY TO ACCESS OR USE OUR WEBSITE OR APP; (III) YOUR USE OR ACCESS OF ANY LINKED WEBSITES, SUCH AS THIRD-PARTY WEBSITES; (IV) ANY USER SUBMISSIONS, CONTENT, MATERIALS, POSTING OR INFORMATION ON OUR WEBSITE OR APP; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, LOGIN CREDENTIALS, TRANSMISSIONS OR DATA, INCLUDING YOUR AUTHORIZED PROVIDER’S FAILURE TO KEEP PASSWORDS, ACCOUNT DETAILS AND ANY PERSONAL INFORMATION OR PERSONAL HEALTH INFORMATION SECURE AND CONFIDENTIAL; (VI) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY; (VII) CHANGES TO OUR WEBSITE OR APP; (VIII) OUTCOMES IN YOUR TREATMENT OR ENGAGEMENT WITH YOUR AUTHORIZED PROVIDER; (IX) INACCURACY OF THE INFORMATION YOU OR YOUR AUTHORIZED PROVIDER ENTERS OR ALLOWS SOMEONE ELSE TO ENTER INTO OUR APP; OR (X) MISUSE OF INFORMATION TRANSMITTED TO OR BY YOUR AUTHORIZED PROVIDER OR OTHERWISE.
This section (Indemnification) shall survive the termination or expiration of this Agreement.
- Modifications to our Website and App.
TWC reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, our Platform or any part thereof, with or without notice to you. TWC shall not be liable to you or to any third party for any modifications, suspension or discontinuance of our Platform or any part thereof. If TWC becomes involved in a merger, acquisition, or a sale of some or all of its assets, TWC reserves the right to re-brand or relocate its services.
- Notice to California Residents.
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.
- Subscriptions and Promotions.
TWC reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. TWC reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers in its sole and absolute discretion. TWC does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you.
The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited, and products may not be available for immediate delivery. Some products and services may not be available in certain areas.
- Contact Us
If you have any questions about these Terms or the Service, please contact The Wellness Company at:
The Wellness Company
3333, South East 2nd Avenue, Suite 4500
Miami, FL 33131
Email Address: email@example.com