Terms of service

TERMS OF SERVICE

OVERVIEW
Welcome to WellNova. The terms "we", "us" and "our" refer to WellNova. WellNova operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). WellNova is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to them, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our store or purchasing any product, you may be asked to provide certain information such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We make every effort to represent our products accurately. Colours and product appearance may nevertheless differ from how they appear on your screen, depending on your device and its settings. Manufacturers also occasionally update packaging. We do not warrant that the appearance or quality of any product will meet your expectations or be identical to what is depicted in our store.

Where a supplier's own description conflicts with their photographs, we say so on the product page rather than repeating a claim we cannot verify. All product descriptions are subject to change at any time at our discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 — HEALTH AND MEDICAL DISCLAIMER
This section matters more than any other on this page, so we have put it near the top rather than buried at the end.

Nothing sold by WellNova is a medical device. Nothing on this website is medical advice, and nothing here is intended to diagnose, treat, cure or prevent any disease, injury or condition. Product pages describe what an item is, what it is made of and what it physically does — they are not clinical guidance and they are not a substitute for advice from a doctor, physiotherapist or other qualified healthcare professional.

Individual results vary. Please read all labels, instructions and warnings supplied with a product before using it. If you are pregnant or breastfeeding, taking medication, receiving medical treatment, recovering from an injury or surgery, or living with a diagnosed condition, consult a qualified healthcare professional before using any product bought here. If a product causes pain, numbness, tingling, skin irritation or any other adverse reaction, stop using it immediately.

SECTION 4 — ORDERS
When you place an order you are making an offer to purchase. WellNova reserves the right to accept or decline any order at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests once an order has been dispatched. Your purchases are subject to return or exchange solely in accordance with our Return and refund policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. All prices are shown and charged in US dollars. Unless expressly stated, posted prices do not include taxes, customs or import charges.

Our multi-buy discounts apply automatically at checkout and cannot be combined with a discount code; checkout applies whichever gives the larger saving. Full details are on our Payment policy page.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it up to date so that we can complete your transactions and contact you. You represent and warrant that the payment information you provide is true and complete, that you are authorised to use the payment method, and that you will pay the charges incurred at the posted prices.

SECTION 6 — SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events outside our control. WellNova uses a dropshipping fulfilment model, and orders containing several items may arrive in separate parcels on different days. Full details are on our Shipping policy page.

SECTION 7 — INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement of them, are owned by WellNova, its affiliates or its licensors, and are protected by United States and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. WellNova's name, logo and product names are our trademarks and must not be used without prior written permission. All rights not expressly granted are reserved.

SECTION 8 — OPTIONAL TOOLS
You may be given access to third-party tools that we neither monitor nor control. Access is provided "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools.

SECTION 9 — THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy. If you leave the Services to access them, you do so at your own risk. Complaints or questions about third-party products and services should be directed to that third party.

SECTION 10 — RELATIONSHIP WITH SHOPIFY
WellNova is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with WellNova. By using the Services you acknowledge that Shopify is not responsible for any aspect of any sale between you and WellNova, including any injury, damage or loss resulting from purchased products.

SECTION 11 — PRIVACY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services you acknowledge that you have read these policies.

SECTION 12 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display it in any medium for any purpose, including commercial use. You agree that your Feedback will not violate any right of any third party, and you are solely responsible for it and its accuracy.

SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such error and to change or update information, or cancel orders, at any time without prior notice. If a product is listed at an obviously incorrect price, we will contact you before dispatch and offer you the choice of paying the correct price or cancelling for a full refund.

SECTION 14 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use them, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial or local law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any person; (e) to transmit false or misleading information; (f) to transmit unsolicited advertising or promotional material; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone else's use of the Services. We reserve the right to suspend, disable or terminate your account at any time if we determine you have violated any part of these Terms.

SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services at our discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections continue to apply after any termination: Health and Medical Disclaimer, Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and any reliance you place on it is at your own risk.

EXCEPT AS EXPRESSLY STATED BY WELLNOVA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under a consumer protection law that applies to you and cannot lawfully be excluded.

SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL WELLNOVA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PROCURED THROUGH THEM. This limitation does not apply to liability that cannot lawfully be excluded or limited.

SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless WellNova, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services.

SECTION 21 — ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt is void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW
These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions. You and WellNova consent to the venue and personal jurisdiction of the state and federal courts located in Montana. This does not deprive you of the protection of any mandatory consumer law of the country in which you reside.

SECTION 23 — CHANGES TO THESE TERMS
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change or replace any part of them by posting updates to our website. It is your responsibility to check this page periodically. Your continued use of or access to the Services following the posting of any change constitutes acceptance of that change.

SECTION 24 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@wellnovaco.com.

WellNova
1001 S Main St, Ste 600
Kalispell, MT 59901
United States
support@wellnovaco.com
https://wellnovaco.com