"Terms and Conditions
Last updated on November 11, 2023
Our company, S Pluzhnikov and A Pluzhnikova Pty Ltd trading as Well Well Wellness ("Company", "us" or "we")provides our website https://skazki.au/ (the "Website") and our relaxation and self-improvement services accessible through our Website and our mobile device application ("Application"). For simplicity, the Website, our services and Application are collectively called the "Services". We advise you to read these Terms and Conditions (the "Terms") thoroughly since they govern your utilization of our Services.
Acceptance of Terms
By accessing and using our Services, you comply with these Terms. If you disagree to adhere to these Terms, you should refrain from using our Services.
Amendments to Terms or Services
We may modify the Terms at any time, at our discretion. You will be notified of this modification through the updated Terms on the Website or other appropriate means of communication. It is crucial that you review the Terms anytime we adjust them. If you continue to utilise the Services after the Terms have been modified and posted on the Website, this indicates your agreement to be bound by the modified Terms. If the modified terms are not acceptable to you, you should discontinue using our Services. As our Services are constantly evolving, we reserve the right to make changes or discontinue any or part of the Services, anytime without prior notice, at our sole discretion.
Unless you opt out of arbitration within 30 days from the date you initially accepted these terms by following the designated opt-out procedure in the "Arbitration" clause below, and with certain exceptions as stated in the "Arbitration" clause, you acknowledge that disputes between you and the Company shall be settled via binding, individual arbitration. This effectively relinquishes your right to jury trial and participation in any alleged class action or representative proceeding.
Who Can Use the Services
You may use the Services if you are not prevented from availing the Services under relevant laws. To make a purchase through the Services (which is further detailed in the "Purchases" section), you should be 18 years or above and capable of entering into a legally binding contract.
Registration and Your Information
If you wish to use certain features of the Services, you must create an account ("Account"). This can be done through the App, Website or via your account with specific third-party social networking services such as Facebook (each an "SNS Account"). If you opt for the SNS Account option, we will create your Account through gathering certain personal information such as your name and email address, amongst others, that your privacy settings on the SNS Account permit us to obtain.
Please ensure that you provide accurate and complete information for your Account and undertake to promptly update such information to keep it accurate and current. Failure to do so may lead to suspension or termination of your Account. You agree not to share your Account password with anyone and to immediately notify us of any unauthorised use of your Account. You are responsible for all activities related to your Account, irrespective of your knowledge about them.
Usage of the Services
Through the Services, users can choose from multiple options to create personalised relaxation and self-improvement sessions. You can also use the paid functionalities of the Services to leverage advanced features of the Services or buy items sold via the Services (the "Products"), detailed under the "Purchases" section.
You acknowledge and agree that the Services, Products and any other data you gain from the Company are not intended or implied to diagnose, prevent, treat any condition or disease, assess your health status, or as a substitute for professional medical care. Not all the activities described in the Services or Products are suitable for all users. Avoid using the Services while driving, operating heavy machinery, or performing other tasks that require attention and focus. You understand and agree that you are solely responsible for your use of the Services.
The Company offers certain advanced features of the Services which can be purchased as a monthly, yearly or lifetime subscription ("Subscription"). A description of the features included in the Subscriptions is available through the Services. When you make a purchase of a Subscription or a Product (each deemed a "Transaction"), you may be asked to provide additional information relevant to the Transaction such as payment details and your addresses for billing and delivery (collectively referred to as "Payment Information"). It is your responsibility to ensure that you possess legal rights to all payment methods as represented by the Payment Information. The amount payable by you for the Transaction via the Services will be presented before you confirm your order. If you initiate a Transaction via the Services, you authorise the Company to provide the Payment Information to third-party service providers to complete the Transaction and agree to (a) pay the fees and any taxes; (b) allow the Company to charge your credit card, third-party payment processing account for payment verification, pre-authorisation and payment purposes; and (c) bear additional charges levied by your App Provider, bank or other financial service provider along with applicable taxes and fees related to your order. Once your order payment has been confirmed, you will receive a confirmation email. Your order will not be bound to the Company until it has been accepted and confirmed by the Company. All payments are non-refundable and non-transferable, except as detailed in these Terms.
If you have concerns or objections related to charges, you agree to first address these with us, and agree not to cancel or reject any credit card or third-party payment processing charges unless you have tried to resolve the matter directly with the Company.
The Company reserves the right not to process or cancel your order in certain situations, such as if your credit card is declined, if we suspect the order request is fraudulent, or in other circumstances at the sole discretion of the Company. The Company also reserves the right, at its sole discretion, to verify your identity in relation to your order. You may need to supply additional information to validate your identity before your Transaction can be completed (such information is part of the Payment Information). The Company will either not charge you or refund any charges for orders which are not processed or cancelled.
Subscriptions Will Auto-Renew Until You Cancel & How To Cancel Your Subscription
All payable amounts are: (i) for one-off purchases (e.g., lifetime Subscription), due at the time you make your order; and (ii) for yearly or monthly subscriptions, due at the start of the subscription and will auto-renew for an equivalent period to the expiring subscription term until you cancel it. The renewal charges will be applied at the start of each renewal period until you cancel the Subscription. To avoid being charged for the subsequent Subscription period, you must cancel your monthly or yearly Subscription before it renews. If your Subscription was purchased through the Website, to terminate the renewal of your subscription at any time, please contact us via email at email@example.com. If your Subscription was purchased through an App Provider, cancellation of the subscription renewal needs to be done through the App Provider. No refunds will be offered for any charges already incurred for the current subscription period and you will continue to receive the Services until the end of the current Subscription period.
Changes to Subscription Pricing Terms
The Company reserves the right to alter its pricing for Subscriptions at any time and will notify you before such changes take effect. Changes to pricing will not be applied retroactively and will only apply for subsequent Subscription renewals after such altered pricing terms have been communicated to you. If you disagree with the revisions to the Company's pricing terms, you may choose not to renew your Subscription as outlined in the section "Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription".
You acknowledge and agree that your purchases are not reliant on the provision of any future features or functions and are not dependent on any public statements (written or oral) made by the Company with respect to future features or functions.
We encourage and welcome your feedback, comments and suggestions for improvements to the Services or Products ("Feedback"). You can provide Feedback by emailing us at firstname.lastname@example.org. By submitting Feedback, you provide us with a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under all intellectual property rights that you own or control to utilise, copy, modify, create derivative works from and exploit the Feedback for any purpose.
Content and Content Rights
For the purpose of these Terms, "Content" refers to text, graphics, images, music, software, audio, video, works of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. "User Content" refers to any Content that users (including you) provide to be accessible through the Services.
Ownership of Content
The Company doesn't claim any ownership rights in any User Content and nothing in these Terms will restrict any rights you may have to utilise and exploit your User Content. The Company and its licensors hold all right, title, and interest in and to the Services and Content, inclusive of all linked intellectual property rights. You agree that the Services and Content are under the protection of the copyright, trademark, and other laws of Australia and other countries. You consent not to remove, modify, or hide any copyright, trademark, or other proprietary rights notices included in or accompanying the Services or Content.
Rights in User Content Granted by You
By making available any User Content via Services, you grant to Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to utilise, copy, modify, create derivative works from, distribute, display, and distribute your User Content in connection with operating and providing the Services and Content to you and other users.
Rights in Content Granted by Company
Provided you comply with these Terms, the Company allows you a limited, non-exclusive, non-transferable, and non-sublicenseable license to access, view, copy, and display the Content purely in connection with your authorised use of the Services and solely for your personal and non-commercial intentions.
Rights and Terms for Apps
Rights in App Granted by Company
Subject to your compliance with these Terms, the Company provides you a limited non-exclusive, non-transferable, and non-sublicenseable license to download and install a copy of the App on a device that you own or control and to run this copy of the App solely for your own non-commercial usage. The Company reserves all rights in and to the App not directly granted to you under these Terms. You are allowed to copy the App for the purposes of creating a reasonable amount of copies for backup or archival purposes. Other than what is permitted in these Terms, you are not allowed to: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) avail the functionality of the App to multiple users via any means.
Additional Terms for Downloaded Apps
If you gained access to or downloaded the App from the Apple Store, then you accept to use the App solely: (i) on an Apple-branded product or device capable of running iOS (Apple's proprietary operating system software); and (ii) as permitted by the App Store's "Usage Rules"
If you obtained access or downloaded the App through an App Provider, then you recognise and agree that:
All Terms are concluded between you and Company and not with App Provider, and therefore as between Company and the App Provider, the Company is largely responsible for the App.
App Provider is not obliged to provide any maintenance and support services regarding the App.
In case the App fails to adhere to any applicable warranty, you can notify App Provider and App Provider will refund the purchase price for the App to you (if applicable). Furthermore, to the maximum extent permitted by law, App Provider will assume no warranty obligation concerning the App.
App Provider is not responsible for addressing your claims or any third party claims relating to the App or your use of such App, such as: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
App Provider and its subsidiaries are third-party beneficiaries of these Terms in relation to the license granted for the App.
You agree not to engage in any of the following activities:
Publicise, upload, publish, submit or transfer any Content that: (i) infringes, misappropriates or violates patent, copyright, trademark, trade secret, moral rights or other intellectual property rights of a third party, or rights of publicity or privacy of a third party; (ii) violates any regulation or law or could give rise to civil liability; (iii) is deceptive, false, fraudulent or misleading; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) encourages discrimination, bigotry, racism, hatred, harassment or harm against individuals or groups; (vi) incites violence or is threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, exhibit, mirror or frame the Services, Company's name, any Company trademark, logo, proprietary information, or the design and layout of any webpage or form enclosed on a page, without obtaining the written permission from Company.
Access, manipulate with, or use private areas of the Services, Company's computer systems, or the technical delivery systems of Company's providers.
Try to probe, scan, or test the vulnerability of Company system or network or breach any security or authentication measures.
Attempt to avoid, bypass, remove, deactivate, or negate any technological measure carried out by Company or any of Company's providers or any other third party to protect the Services.
Attempt to gain access to or search the Services or download Collective Content from the Services through any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers.
Transmit any unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or any other form of solicitation;
Use any meta tags or other hidden text or metadata utilising a Company trademark, logo URL or product name without written permission from Company.
Utilise the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
Forge any TCP/IP packet header or any section of the header information in any email or newsgroup posting, or using the Services in any manner for sending deceptive, altered or false source-identifying information.
Attempt to decode, decompile, disassemble or reverse engineer any of the software used to deliver the Services.
Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Services
Assemble or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate any person or entity or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Motivate or enable any other individual to do any of the aforementioned.
Links to Third-Party Websites or Resources
The Services may feature links to third-party websites or resources for convenience. We are not accountable for the content, products or services provided by these websites or resources or links displayed on these websites. You acknowledge you bear sole responsibility for your use of such websites or resources and assume the complete risk arising from utilising these resources.
We reserve the right to terminate your access to and use of the Services, at our sole discretion, anytime without prior notice to you. You can remove your Account anytime by emailing to us at email@example.com. If you purchase Subscription via an App Provider, you need to also cancel the Subscription with the App Provider. When any termination, discontinuation or cancellation of Services or your Account occurs, all provisions of these Terms which should survive by nature will continue, which include, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services and Content are delivered "as is," without any form of warranty. Without limiting the previous statement, we explicitly disavow any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties originating out of course of dealing or usage of trade.
We make no guarantee that the Services will meet your needs or be available uninterrupted, secure, or error-free. We also make no warranty about the quality, accuracy, timeliness, truthfulness, entirety, or reliability of any Content.
You will indemnify and not hold Company and its officers, directors, employees and agents responsible for any claims, disputes, demands, liabilities, damages, losses, and expenses and costs, which include, without limitation, reasonable legal and accounting fees, arising out of or related to (i) as a result of your access to or use of the Services or Content or (ii) your non-compliance with these Terms.
Limitation of Liability
Neither the Company nor any other party involved in creating, producing, or delivering the Services or Content will be accountable for any incidental, special, exemplary or consequential losses or damages, including, but not limited to, lost profits, loss of data or goodwill, interruption of services, damage to computers or system failure or the cost of replacement of Services arising out of or in connection with these terms or from the use of or incapability of using the Services or Content, be it based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been notified of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no circumstance will the Company's total liability as a result of or in connection with these terms or from the use of or inability of using the Services, Content exceed the amounts you have paid to Company for use of the Services or Content or twenty dollars ($20), if you have not made any payment obligations to Company. The exceptions and limitations of losses and damages set forth above are essential elements of the agreement between the Company and you.
These Terms will be governed by the laws of the State of Queensland without regard to its conflict of laws provisions.
Notwithstanding the provisions of the "Changes to Terms or Services" section above, if the Company changes this "Dispute Resolution" section after the date you first accepted these Terms, you may disregard such change by notifying us in writing (including via email to firstname.lastname@example.org) within 30 days. By discarding any changes, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this section as of the moment you first agreed to these Terms.
These Terms embody the entirety and complete understanding and an agreement between you and the Company concerning the Services and supersede any prior or simultaneous understandings or agreements, verbal or written. If any provision of these Terms is held unenforceable or invalid, that provision will be imposed by law to the greatest level possible, and the other provisions will stay effective.
You may not transfer these Terms to any other party, either under operation of law or otherwise, without obtaining the Company’s prior written consent. If you try to transfer these provisions without procuring such consent, your attempt will be null and without any effect. The Company can freely transfer these provisions without restriction. Under the precedent, these Terms will apply to and establish benefits for both parties and their successors and permitted assigns.
All notices or various communications provided by the Company under these Terms, including modifications to the Terms, will be given via email or by uploading them to the Services.
The Company’s failure to implement any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorised representative of the Company. Except as expressly mentioned in these Terms, the exercise by any party of their remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have queries concerned with these Terms or the Services, please email us at email@example.com.