TERMS AND CONDITIONS

Thank you for visiting GemCare Wellness (“We”, “Us”, “Company”, “GemCare Wellness”). These Terms and Conditions, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services or other related services provided or operated by GemCare Wellness (collectively, the “services”), including but not limited to any content and functionality offered through the Services, and any Informed Consent form executed by you in connection with the Services. (“Terms of use” or “Agreement”).

During the term of this Agreement, GemCare Wellness grants you a non-exclusive and non-transferable right to access and use the Services in accordance with the terms of this Agreement, and any documentation made available to you by GemCare Wellness solely for purposes of your personal use of the Services. The Services are limited to users in the United States and over at least 18 years or older. The Services are enabled by technology, software and certain content delivered electronically.

The Services have been designed by GemCare Wellness with the purpose of assisting people achieve their health goals through healthy life style choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good health to begin these Services, which may include changes to your diet or level of physical activity, among other things. The Services requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and GemCare Wellness cannot guarantee that you will achieve your health goals.

 

Health Coaches. GemCare Wellness will match you with a health coach who will consult with you via telephone, video conference, email or other online tools. We strive to maintain the client-health coach relationship throughout your use of the Services but reserve the right to change your health coach at any time. Our health coaches are Registered Dietitians and provide you with peer to peer support, encouragement and practical tips to help overcome barriers to meeting your health goals.

Health Information Disclaimer. The material that appears on the Website is provided for educational purposes only. The information, statements, products, and services are not intended to be used for the diagnosis, treatment, or prevention of a health problem/disease or as a substitute for individualized care from a physician or other appropriately qualified health care provider. Use of information and recommendations on the website, our newsletter, or through a related program or service, are at the discretion of the user and should be reviewed with your health care providers when necessary.

Content. GemCare Wellness makes every effort to present material, recommend products and services and provide nutrition and health recommendations based on reliable sources and evidence-based practices but will not be held responsible for misuse of information or any adverse effects from the use of recommendations provided from the Website, newsletter, or through a related program or service.

Confidentiality. We will use and protect your personal information pursuant to the terms set forth in our Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials, and content provided in connection with the Services) for any purpose with the Company’s consent.

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Services, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

Registration. You are required to register for the Services and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

You will receive a user account for our personal use that requires a username and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify the Company promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Services.

Fees. Services fees for the Term will be paid in accordance with your registration confirmation. You acknowledge that access to the Services may be suspended until payment is received in full. All Service Fees are exclusive of any tax, levy, or similar governmental charge that may be assessed. You are solely responsible for all taxes based on the provision, sale or use of the Services, excluding any taxes based on the Company’s net income.

Payment Policy. Payment for all programs, services, membership subscriptions, is due prior to registration, booking, and use of restricted “member only” materials. All membership subscriptions are auto-renewing on a monthly basis and will generally be paid at the same time each month. Therefore, GemCare Wellness is not responsible for charges received in a member’s bank account that results from insufficient funds due to subscription charges. Members are responsible for ensuring their credit card information is up-to-date. All prices are in US dollars.

Redemption Policy. Members who take part in any of the wellness program subscription programs must use all individual services (i.e., initial nutrition assessment, follow-up sessions) contained in that subscription within the subscription period prior to the next billing cycle. Any unused services will be forfeited.

Cancellation Policy. If you choose to cease participation in the Program(s) you are required to submit written notice 5 days prior to your next billing period. In doing so you will be removed from the Program(s) and no longer charged. Cancellation less than 5 days prior to your next billing period will result in the following monthly payment to be authorized, without refund. Members may cancel their subscription by sending an email to customerservice@gemcarewellness.com a minimum of five business days prior to the expected renewal date with your cancellation request.

Refund Policy. Once your Program has begun you will be ineligible for any refunds. If you are unable or unwilling to undertake the program after its commencement, we are unable to defer the start of your program until the next program or transfer the program to another user of our Site and Service.

Late Policy. Members who have scheduled individual services ( i.e., initial nutrition assessment, follow-up sessions) will be contacted at the appointed time. Three attempts will be made to reach the member within five minutes before and after the appointed time and if no contact is made, that time is forfeited. Members may call GemCare Wellness up to 15 minutes after their appointed time has started to use any remaining time.

Reschedule Policy. A member may contact GemCare Wellness up to two hours prior to the scheduled service to reschedule and every attempt will be made to accommodate the members’ needs within reason. Members may reschedule their service up to three times within the parameters of the Service Redemption Policy, after which the service will be forfeited.

Limitation of Liability. Except where prohibited by law, in no event will the company or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the services, including but not limited to reliance by you on any information obtained from the services.

Indemnity. You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services.

Entire Agreement. These Terms and Conditions and Privacy Policy, together with any Informed Consent you provide in connection with the Services, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Except as provided herein, any attempt to modify or supplement these this Agreement shall be void unless agreed to in writing and signed by both parties.

This Agreement shall be governed by and construed according to the laws of the State of Ohio, without giving effect to conflict of law principles. Any provision of this Agreement found to be invalid by a court having competent jurisdiction shall not affect the validity of the remaining provisions of this Agreement. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver of such term or condition or any other term or condition.

GemCare Wellness may from time to time revise these Terms and Conditions of Use without notice. You should occasionally review this page, so you are aware of any such revisions. If you fail to comply with the Terms and Conditions, we reserve the right to terminate your account and/or access to the Website.

If you have questions regarding any of the Terms and Conditions of Use and/or the practices of the Website, please contact customerservice@gemcarewellness.com.

Revised 10/22/2018

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