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When you begin using the services of the "+ness Physical and Mental Wellness Platform" developed by Huai Mu Technology Co., Ltd., you acknowledge and agree to these Terms of Use. If you do not agree with any part of these Terms of Use, you will not be able to use the services of the "+ness Physical and Mental Wellness Platform."

 

"+ness Physical and Mental Wellness Platform" User Terms

 

These Terms of Use govern how you may use the services of the "+ness Physical and Mental Wellness Platform" (https://www.nesswellness.com/), our website, and any other online or offline services we provide, as well as governing your consumption behavior conducted through the "+ness Physical and Mental Wellness Platform" (collectively referred to as the “+ness Physical and Mental Wellness Platform Services”).

These Terms of Use will form a valid contract between you and the "+ness Physical and Mental Wellness Platform." When using the services of the "+ness Physical and Mental Wellness Platform," you agree to be bound by any additional terms related to the services, including but not limited to the "+ness Physical and Mental Wellness Platform" Privacy Policy, rules for promotions, rewards, or discount events. These terms hold the same validity as these Terms of Use.

In accordance with relevant laws or if we deem it necessary, the "+ness Physical and Mental Wellness Platform" may modify or update these Terms of Use at any time without prior notice. If any changes are made to these Terms of Use, we will publish the updated version on our website (https://www.nesswellness.com/) and indicate the most recent update date. If you continue to use the services of the "+ness Physical and Mental Wellness Platform" after the update, it means you agree to the updated Terms of Use. Please refer to the most recent version of these Terms of Use when using the services of the "+ness Physical and Mental Wellness Platform."

1. "+ness Physical and Mental Wellness Platform" Services

 

1.1 The services of the "+ness Physical and Mental Wellness Platform" provide you with an easy and simple way to purchase experience packages and other outdoor activity services offered by the platform. To the fullest extent permitted by law, you also agree that we have the right to periodically change, suspend, or terminate any service, and have the right to add rules, restrictions, or revised terms to individual services or limit your use of part or all services without prior notice.

1.2 You may be required to pay fees to the "+ness Physical and Mental Wellness Platform" for using its services, and you agree to abide by the service terms set by the platform.

1.3 We will strive to maintain the operation of the services and platform of the "+ness Physical and Mental Wellness Platform," but we do not guarantee that the services and platform will always function properly or be unaffected by external factors. You agree that we have the right to refuse you access to the "+ness Physical and Mental Wellness Platform" or its services, and also agree that we have the right to change, suspend, interrupt, or terminate the services or the platform.

 

2. Platform Content

 

2.1 "Platform content," as referred to in these Terms of Use, includes all materials presented or used on the "+ness Physical and Mental Wellness Platform," including but not limited to text, photos, images, videos, illustrations, sound effects, data, code, and other materials. You understand and agree that all platform content is the exclusive property of the "+ness Physical and Mental Wellness Platform" or authorized users and is protected by intellectual property laws. We reserve the right to change, modify, or remove any platform content at any time without prior notice.

2.2 Under the condition that you comply with these Terms of Use, we agree to grant you a limited, non-exclusive, non-transferable right to use or access the "+ness Physical and Mental Wellness Platform." We may withdraw this authorization at any time without prior notice. You agree to comply with intellectual property laws and other applicable regulations, and may only use platform content for personal, non-commercial, entertainment purposes. Under no circumstances may you use, reproduce, translate, transmit, broadcast, sell, transfer, create derivative works from, or otherwise use platform content in a way that infringes on the rights of the "+ness Physical and Mental Wellness Platform" or its authorized users. You may not copy, store, or download platform content in bulk in any form. You agree that you use or access platform content at your own risk, and to the fullest extent permitted by law, we are not responsible for any errors or omissions in the platform content. If any damage or loss occurs as a result of your use or access to platform content, you are solely responsible for compensating for such damages.

2.3 You understand and agree that we may not be aware of or able to predict the behavior of other third-party users interacting with you on the platform, and therefore, we cannot guarantee that the content, data, or information provided by other users of the "+ness Physical and Mental Wellness Platform" is true or accurate.

3. Member Registration and Social Platform Account Login

 

3.1 To use the services of the "+ness Physical and Mental Wellness Platform," you must register a member account on the platform or log in using a social media account (e.g., Google). When registering for a "+ness Physical and Mental Wellness Platform" member account, we have the right to request your email and set a password, or we may request that you fill in your membership details after registration. You must ensure that any registration information you provide to the "+ness Physical and Mental Wellness Platform" is truthful, accurate, and complete, and that you will update it periodically to maintain its accuracy. If you provide false or inaccurate information, we have the right to remove your account without prior notice. You are not allowed to use another person's member account or social platform account to access the services of the "+ness Physical and Mental Wellness Platform."

3.2 Your member account is personal and exclusive to you. Do not share your account details with others or allow others to use your account. Any activity performed under your account is your personal responsibility. If you discover any security concerns with your account, please notify us immediately. You are responsible for maintaining the confidentiality of your password. If your account is compromised or if someone attempts to use your account, please notify us immediately. You are solely responsible for any damages arising from the unauthorized use of your account.

3.3 You agree that we have the right to refuse your registration as a member of the "+ness Physical and Mental Wellness Platform." We also reserve the right to remove your member account at any time without prior notice, at our discretion.

4. Customer Reviews Terms of Use

 

4.1 These Terms of Use govern the user behavior related to customer reviews provided by the "+ness Mind-Body-Spirit Health Platform." In the event of a conflict between the privacy policy of the "+ness Mind-Body-Spirit Health Platform" and these Terms of Use, these Terms of Use shall take precedence concerning customer review services.

 

4.2 By submitting any content (hereinafter referred to as "Uploaded Content") to the "+ness Mind-Body-Spirit Health Platform," you represent and warrant that:

  • You are the sole creator and owner of the intellectual property rights to the Uploaded Content;

  • You have voluntarily waived any "moral rights" you may have in the content;

  • All content you post is accurate and true;

  • You are of the legal age in your jurisdiction or are between the age of 13 and the legal adult age, and you are using the CRR service with the consent and supervision of a parent or legal guardian;

  • The use of the content you provide does not violate these Terms of Use and will not cause harm to any individual or entity.

4.3 You further agree and warrant that you will not submit Uploaded Content that:

  • Is, to the best of your knowledge, false, inaccurate, or misleading;

  • Infringes on any third party's copyright, patent, trademark, trade secret, or other proprietary rights, including privacy or confidentiality rights;

  • Violates any laws, regulations, or directives (including but not limited to those governing export controls, consumer protection, unfair competition, anti-discrimination, or false advertising);

  • Is defamatory, libelous, hateful, racist, religiously discriminatory, offensive, contains illegal threats, or harassment;

  • Was written in exchange for compensation or other rewards from any third party;

  • Contains references to other websites, addresses, email addresses, contact information, or phone numbers;

  • Contains any computer virus or other potentially harmful computer programs or files.

4.4 If any claims, demands, or damages (whether direct or indirect) arise from violations of your above representations and warranties, or from your violation of any laws or third-party rights, including reasonable attorney fees, you agree to indemnify and hold harmless the "+ness Mind-Body-Spirit Health Platform" from any resulting loss.

 

4.5 You grant the "+ness Mind-Body-Spirit Health Platform" a perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, delete, adapt, publish, translate, create derivative works, sell, distribute, or incorporate the Uploaded Content into any form, media, or technology without the obligation to pay you any compensation.

 

4.6 The "+ness Mind-Body-Spirit Health Platform" reserves the right, at its discretion, to use the content you submit. It also reserves the right to modify, reduce, or delete any Uploaded Content that violates the content guidelines or other provisions of these Terms of Use. In addition, you may not be able to edit or delete your uploaded content once submitted. Uploaded content is typically published within two to four working days after submission. However, the "+ness Mind-Body-Spirit Health Platform" reserves the right to remove or refuse to publish any Uploaded Content for any reason.

 

4.7 You understand and agree that you are solely responsible for any Uploaded Content you submit. The "+ness Mind-Body-Spirit Health Platform" is not under any confidentiality obligation concerning your Uploaded Content.

 

4.8 By submitting your email address along with the Uploaded Content, you agree that the "+ness Mind-Body-Spirit Health Platform" and its third-party service providers may contact you at that email address regarding the Uploaded Content or for other management purposes.

 

5. Your Commitments

 

5.1 You must use the "+ness Mind-Body-Spirit Health Platform" services strictly in accordance with these Terms of Use and assume legal responsibility for all your actions related to using the platform.

 

5.2 You agree to the following:

  • The services you purchase are for personal use only and not for commercial purposes.

  • Without our prior written authorization, you may not copy, reproduce, distribute, publicly display, transmit, or broadcast any part of the "+ness Mind-Body-Spirit Health Platform" services, including but not limited to any of the following actions without our explicit consent: (i) altering, damaging, or circumventing the licensed software used by the "+ness Mind-Body-Spirit Health Platform" services; and (ii) using any trademark, service mark, design mark, photo, or other content from the platform.

  • You may not circumvent, damage, or interfere with security measures controlling the use of the "+ness Mind-Body-Spirit Health Platform" services, extract or mine content, or use the services in a manner inconsistent with personal use (including abnormal or excessive bookings followed by cancellations).

  • Except as permitted by these Terms of Use or other rules, you may not engage in or authorize reverse engineering, disassembly, or intrusion of any part of the platform’s services, or attempt any of these actions, or use any parts of the platform other than those designed for it.

  • You may not use, display, imitate, or employ framing techniques to reveal the "+ness Mind-Body-Spirit Health Platform" services through other applications or websites, unless we have specifically authorized embedding the platform's services or content.

  • You may not access, damage, or use any unpublished areas of the platform, the systems or equipment of the "+ness Mind-Body-Spirit Health Platform" (including its virtual hosting company), or any technical reception systems of our network service providers.

  • You may not harass, insult, harm individuals or groups (including our employees or other users), or support harassment, insult, or harm to others.

  • You may not provide false personal information, create false identities, or impersonate other individuals or organizations in any way. You may not use invalid or unauthorized financial cards, credit cards, or other electronic payment tools for bookings.

  • You may not collect or attempt to collect personal information from other users.

  • You may not restrict or prohibit anyone from using the "+ness Mind-Body-Spirit Health Platform" services, disclose personal information from third parties obtained through the platform without their consent, or collect user information.

  • Except as explicitly permitted by these Terms of Use, you may not use the "+ness Mind-Body-Spirit Health Platform" services to engage in any commercial advertising or data collection.

  • You will not engage in any fraudulent activity, violate the platform’s information security, damage the platform’s interests, abuse discounts or promotions, hack other users' passwords, transfer or store data illegally, or engage in other illegal activities.

5.3 If you violate any of the provisions in Section 5.2, we have the right, at our discretion, to remove your member account or cancel any orders that violate these provisions without prior notice, and we may request compensation.

6. Order Confirmation and Refund Policy

 

6.1 Through the "+ness Mind-Body-Spirit Health Platform," you may purchase services related to courses and experience activities. Unless specific orders are immediately confirmed after placing, other orders must be confirmed by the platform before they are finalized. You agree to receive booking confirmations via email, and you understand and accept that the timeframes mentioned by the platform regarding booking results are for reference only and may be adjusted.

 

6.2 The "+ness Mind-Body-Spirit Health Platform" reserves the right to change or adjust the prices and fees for any services it offers at any time. Any changes will be notified via SMS, email, or website announcements. By continuing to use the services after such notifications, you agree to the adjusted prices and fees.

 

6.3 You agree that the platform may, at its discretion, refuse or cancel any bookings or orders that violate these Terms of Use.

 

6.4 You agree to pay for your order in the method accepted by us, and you understand and agree that we are not obligated to process or execute your order until payment is completed according to our instructions. Unless stated otherwise in these Terms of Use, amounts paid for orders are non-refundable.

 

6.5 You understand and agree that any additional taxes or fees (such as invoice business tax) may apply to the services provided by the "+ness Mind-Body-Spirit Health Platform," and you may be obligated to pay these directly to the platform or tax authorities. While the platform strives to provide up-to-date and accurate terms, conditions, prices, etc., it cannot guarantee that all displayed content is always correct. If your order is canceled by the platform, the platform will notify you as soon as reasonably possible.

6.6 If you contact the platform within the specified cancellation period for your booking, and the cancellation is successful as confirmed by the platform, or if the services are canceled according to the platform’s conditions, you will receive a refund in the original payment method. You understand and agree that the refunded amount may differ from the original payment due to exchange rate fluctuations.

 

7. Limitation of Liability

 

7.1 You understand that the platform content is provided by the "+ness Wellness Platform" and agree that we do not make any representations or warranties regarding the accuracy of the platform content. You agree that you will not hold us responsible for any platform content provided in the future.

 

7.2 You agree that any content transmitted or exchanged between you and the "+ness Wellness Platform" is not confidential, and your communications may be read or intercepted by others. You understand and acknowledge that no confidential, fiduciary, or other collaborative legal relationship has been established between you and us.

 

7.3 To the maximum extent permitted by law, you agree that the "+ness Wellness Platform" and our directors, senior managers, officers, employees, and agents shall not be liable for any direct, indirect, special, incidental, punitive, consequential, or derivative damages caused by their breach of these terms, use of the "+ness Wellness Platform," or other negligent behavior.

 

7.4 To the maximum extent permitted by law, you agree that if you are dissatisfied with our services, your sole remedy will be to stop using our services. If, under any circumstances, we are liable to you, the compensation amount shall be limited to the total amount you paid to us during the twelve months prior to the claim.

8. Indemnity

 

8.1 You must indemnify the "+ness Wellness Platform" and our directors, senior managers, officers, employees, and agents from any loss or damage caused by a third-party claim arising from your violation of these terms or infringement of intellectual property rights or other rights. This indemnification includes, but is not limited to, all litigation costs, legal fees, settlement fees, and other losses.

8.2 Regarding any third-party claims, the "+ness Wellness Platform" may require you to provide necessary assistance in defending any claims or legal actions and engaging in any settlement negotiations within a reasonable scope. However, you may not take any legal actions that could be detrimental to our rights without our prior written consent.

 

9. Third-Party Websites and Transactions

 

9.1 You may link to third-party websites or services through the "+ness Wellness Platform." You should independently evaluate whether to use such third-party websites or services, and we are not responsible for the nature, content, products, or other information provided by these third-party websites or services. You assume all risks associated with them.

9.2 If you engage in any transactions with a third party via the "+ness Wellness Platform," you should conduct any investigation you deem necessary or appropriate. Such transactions are between you and the third party, and we are not responsible for any costs, losses, or damages arising from such transactions.

10. Termination

 

10.1 If any provision of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions will remain in full force. These terms will continue to apply to your relationship with the "+ness Wellness Platform" until we terminate these terms. If you violate any provision of these terms, or if we determine it necessary, we reserve the right to immediately terminate or suspend your use of the "+ness Wellness Platform" services, access to the platform, or your account without prior notice.

10.2 If these terms are terminated according to Section 10.1, you agree that, to the maximum extent permitted by law, we will have no further obligations or liabilities to you, and we may cancel any orders placed before termination without refund.

10.3 You understand and agree that, even after the termination of these terms, any provisions that by their nature should survive will remain effective, including but not limited to the limitation of liability.

 

11. Dispute Resolution

 

These terms and the relationship between you and us are governed by the laws of the location where the "+ness Wellness Platform" operates, and any disputes or conflicts arising from your use of the platform’s services will be subject to the jurisdiction of the first instance court in that location.

 

12. Miscellaneous

12.1 If any provision of these terms is deemed invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions will remain in full force.

12.2 We may transfer these terms or any rights or obligations arising from them and may delegate any obligations under these terms to a third party. You may not assign these terms or any rights or obligations under them without our prior written consent.

 

13. Contact Us

 

If you have any questions regarding our services or these terms, please contact the customer service center of the "+ness Wellness Platform" directly at hello@nesswellness.com. We will promptly assist you.

 

Last updated: October 29, 2021

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