Last updated: April 25, 2022
PLEASE NOTE: these Terms contain an agreement by you to resolve disputes arising from these Terms or your participation in or benefits from the Loyalty Program through binding arbitration on an individual basis. Please review the arbitration agreement below in Section 11 since you are giving up certain rights, such as the right to a jury trial and the right to sue Wellements in a class action lawsuit.
Loyalty Program awards and associated benefits may be subject to taxes. Any required disclosure and tax liability is your sole responsibility. Participation in the Loyalty Program, the awarding and redemption of points and offers via the Loyalty Program may be subject to applicable government regulations and are void where prohibited by law.
These Terms may only be modified by Wellements. We will notify you in advance of any material modifications to these Terms by providing a notice on our website or to your account or otherwise communicating such modifications to you at the addresses or email addresses currently on file for your account. If you are not amenable to such changes when they occur, you may cease using the Loyalty Program at any time. Otherwise, such modifications will be binding upon implementation. Notwithstanding the foregoing, all Loyalty Program benefits, offers, and services are subject to availability and may be changed at any time without notice.
- Earning Points. The Loyalty Program provides various methods to receive points. Points are earned on eligible product purchases as well as through non-purchase activities with Wellements and our Referral Program.
- Points on eligible product purchases are calculated after all other discounts or credits have been applied. Charges on any order for shipping or tax do not count towards the Loyalty Program. Points for product purchases will be awarded to your account 31 days after a qualifying purchase has been made.
- Points can also be earned for non-purchase activities. Twenty-five points will be awarded for signing up for the Loyalty Program. If you already maintain an account at the time when the Loyalty Program is launched, twenty-five points will automatically be added to your account. In addition, activities such as following Wellements on Instagram, signing up for Wellements texts, and completing additional profile information may carry points awards. Wellements may also award points for posting product reviews on Wellements.com, provided such reviews comply with applicable platform policies and laws and regulations, such as the Federal Trade Commissions Endorsement Guidelines. If a posted product review does not comply with the above (e.g. failing to post the review with #sponsored or similar disclosure that your post is compensated as part of this Loyalty Program), or it is later determined that the review does not comply, then we reserve the right not to award points or remove points previously awarded. Wellements may also award points on special occasions, such as your birthday, provided if your birthday is within the next 30 days from when you first give us your birth date, points awarded may b e delayed for up to 30 days. The relevant points allotted for these activities will be posted on the Loyalty Program page.
- Please note, points for purchases that are returned within 30 days of purchase as described in our Return Policy will not be credited and fail to qualify for points eligible for redemption. If points have already been issued to your account for a purchase that is returned, those points may be deducted from your account upon receipt of your return.
VIP Tiers. There are three tiers to the Loyalty Program with each tier offering different tier point multipliers for eligible product purchases along with other benefits. The Loyalty Program and VIP Tiers will operate in increments of 12-month periods starting when you reach a certain tier. If you do not maintain your spend threshold for Silver and/or Gold Tiers during the rolling year, you will be moved down to the next lower tier once the ongoing 12-month period passes.
Point Redemption. Points themselves have no cash value and can only be redeemed for credit on your website orders from https://wellements.com/. Credit values will become available in 100-point increments, as shown below. When you have accumulated a minimum of 100 points in your account, if you wish to redeem points on any purchase, you will select the credit value you wish to redeem at checkout, in $5 (100 point) increments. There is no purchase minimum when redeeming credits. Points are only redeemable in five-dollar credit increments. For example, if your total purchase is $13 and you redeem 300 points ($15 credit), then you have used all 300 points and will not have access to any remainder (i.e. $2). Points expire 12 months after inactivity. “Inactivity” refers to customers who have not made any purchase through our website or otherwise earned or redeemed any points within the designated 12-month period.
Redemption Value (Credit)
- Program Termination. Wellements, in its sole and absolute discretion, may terminate the Loyalty Program, in whole or in part, with thirty (30) days’ advance notice. Wellements may also choose to substitute a similar loyalty program for the Loyalty Program at any time upon notice. You may not accumulate points, rewards, or benefits after the termination of the Loyalty Program. If the loyalty program is terminated, all points and rewards will be forfeited as of the termination date of the Loyalty Program as set forth on the termination notice, without any obligation or liability. No Credits will be honored after the conclusion of the notice period.
Limitation of Liability. To the fullest extent permitted by law, Wellements, its affiliates, and its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “Wellements Parties”) will not be liable for any damages of any kind arising out of or in connection with your participation or membership in the Loyalty Program.
This is a comprehensive limitation of liability that applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. To the extent permitted by applicable laws, the limitations on Wellements Parties’ liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree that you have relinquished your right to seek these damages from Wellements Parties and that this is a reasonable allocation of risk. Notwithstanding the foregoing, in no event will the liability of the Wellements Parties exceed one hundred dollars ($100.00) even if such remedy should fail of its essential purpose.
To the extent permitted by applicable laws, you and Wellements agree that any cause of action arising out of or related to the program must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
- Indemnification. You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your participation in the Loyalty Program, your redemption of any Credit or use of any benefits from the Loyalty Program, or any violation of any law, rule, regulation or these Terms. We reserve the right to take exclusive control and defense of any claim subject to this indemnification upon notice to you, in which event you will cooperate fully with us in asserting any and all available defenses.
- No Implied Warranties or Representations. Wellements makes no warranties or representations, either express or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Wellements and limit the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement.
- Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Wellements’ intellectual property or other proprietary rights, Wellements may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
- This Arbitration Agreement applies to you and Wellements, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of our website provided under the Terms.
- Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
- Place. The place of arbitration shall be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. The sections herein shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
- Survival. This Arbitration Agreement provision will survive the termination of these Terms.
- Limitation on Period to Bring Claims. Any cause of action or claim you may have with respect to our Loyalty Program must be commenced within one (1) year after the claim or cause of action arises.
- Waiver, Estoppel. Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms.
- Governing Law. These Terms are governed by the laws of the State of Arizona, U.S.A. without regards to its conflict of laws principles, provided that the above arbitration agreement shall be governed by the American Arbitration Act.
- Contact Us. If you have any questions or concerns regarding our Loyalty Program, contact us via email at email@example.com or via phone at 800-255-2690. We hope to be able to resolve any issue or question you may have about our Loyalty Program.