Terms and Conditions of Use

Introduction

These terms and conditions shall govern your use of the wellaway.com website and all sub-domains including payment.wellaway.com and portal.wellaway.com. If you visit our website, apply for any of our products, submit any information through our website or use any of our website services, your usage is conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. By using our website, you accept and agree to these terms, conditions and notices. If you do not agree with these terms and conditions or any part of these terms and conditions, you may not access or otherwise use our website. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies. The information contained on this website is for informational purposes only. Our website does not provide health, financial, legal or other advice.


Copyright notice

We, together with our licensors, own and control all the copyright and other intellectual property rights in our website, as well as the applications, registrations, and all other material on our website. All the copyright and other intellectual property rights in our website and all materials on our website are reserved. Copyright (c) 2017 WellAway Limited.


Permitted Uses

This website is for your personal use only and you must be 18 years of age to use our website. You may:

  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • print pages from our website;
  • submit your information through our website for the purpose of generating a quote, submitting an application to purchase our products, or requesting more information about our products and services
  • download and make copies of the content and other downloadable items displayed on this website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from WellAway, or the copyright holder identified in this individual contents copyright notice, if applicable.
  • redistribute our newsletter, blog articles, electronic documents we have made available and social media posts (in print and electronic form).

Any other use by you is not permitted unless you obtain our prior written consent.


Restricted Uses

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, materials, software, products or services obtained from this website. You may not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of this website;
  • use our website or its contents in any way that is inconsistent with these terms and conditions, that is unlawful, illegal, fraudulent or harmful, or about any unlawful, illegal, fraudulent or a harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
  • use data collected from our website to contact individuals, companies or other persons or entities;
  • use our website or its contents in any way that is (i) libelous or maliciously false; (ii) obscene or indecent; (iii) infringes any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; (iv) infringes any right of confidence, right of privacy or right under data protection legislation; (v) constitutes negligent advice or contains any negligent statement; (vi) constitutes an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (vii) in contempt of any court, or in breach of any court order; (viii) in breach of racial or religious hatred or discrimination legislation; (ix) blasphemous; (x) in breach of official secrets legislation; (xi) in breach of any contractual obligation owed to any person; (xii) depicts violence, be pornographic, lewd, suggestive or sexually explicit; (xiii) untrue, false, inaccurate or misleading; (xiv) consists of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (xv) constitutes spam; (xvi) offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (xvii) causes annoyance, inconvenience or needless anxiety to any person;
  • use any part of this website on any other website, add a link to another website on this website, hypertext links to our website, or frame any materials available on this website without our prior written consent. WellAway will disable any such links or frames and will not be liable for the contents of any unauthorized internet sites linked to our website;
  • sell, rent or sub-license material from our website;
  • show any material from our website in public; or
  • exploit material from our website for a commercial purpose.

You agree that all the information you supply to us through our website, or in relation to our website or the products we offer, is true, accurate, current, complete and non-misleading.


User IDs and Passwords

If you register for an account with our website, we will provide you with a temporary password and you will be asked to choose a permanent user ID and password which you must keep confidential. Immediately notify us in writing if you become aware of any disclosure of your password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and you may be held liable for any losses arising out of such a failure. You must not use your account or user ID for or about the impersonation of any person.


No Warranties

The information and materials contained on this website are provided “as is” and may include inaccuracies, be incomplete, or contain typographical errors. WellAway does not warrant that the functions contained in this website or any information or materials contained on this website will be uninterrupted, complete or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components. WellAway shall not be liable for the use of this website, including, without limitation, the content, materials and any errors or omissions contained therein. To the fullest extent permissible by law, WellAway excludes any and all warranties of any kind, including, without limitation, express, implied, conditions of merchantability, fitness for a particular purpose or use, statutory, title and non-infringement of third-party rights. Your use of WellAway’s website is at your own risk.


Exclusion of our Liability

To the fullest extent permissible by law, WellAway shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages, loss or liability (whether arising in contract, tort, strict liability or otherwise), even if WellAway has been advised of the possibility of such damages, loss or liability) arising out of or in relation to:

  • your use or attempted use of this website;
  • your delay or inability to use this website or any information, materials, products and/or services obtained on this website at any time and for any reason;
  • any breach of security associated with the transmission of sensitive information through this website or any linked third party websites;
  • any errors, inaccurate or incomplete information on this website;
  • any computer virus, harmful component or other bug transmitted through this website;
  • your failure to comply with any law or regulation;
  • any operational or transmission failure or performance, error, omission, interruption, defect, or delay, line or system failure to this website;
  • your reliance on any information contained on this website. Some information on this website may not be applicable to your particular situation; or
  • resulting from events or circumstances beyond our reasonable control whereby this website is completely or partially unavailable i.e., due to a technical breakdown, strikes or telecommunication or power failures.

Communications with WellAway

WellAway is not responsible for messages sent via the internet or e-mail or any breaches in security. We are not liable to you or any other person regarding any messages sent by you to us or to any third party, or any messages appearing to be sent by WellAway to you via the internet or e-mail. Since messages sent via the internet or email are subject to possible interception, loss or alteration, you should not include any personal, health or confidential information in your messages.


Links to Third Party Websites

This website may contain links to websites operated by third parties. The inclusion of these links is provided for your reference only, and does not suggest any endorsement of the material by WellAway on such websites or any association with their operators. WellAway does not control the third party websites, and is not responsible for their content. As such, access to such websites is at your own risk and we expressly disclaim any and all liability related to accessing these websites. The terms and conditions of such websites may be different from these terms and conditions and we recommend you read them carefully.


Monitoring

WellAway may monitor your use of this website and/or record communications (whether over the internet, telephone or otherwise). Subject to its Privacy Notice, WellAway may freely use and disclose any information and materials received from you or collected through your use of this website for any lawful reason or purpose.


Changes in Website

WellAway may change, suspend or discontinue any aspect of this website at any time (in its discretion) and without notice, including the availability of any website feature, database or content. WellAway may also, at any time, immediately restrict certain features and services or block your access to parts or all of the website, at our discretion, without notice or liability. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. WellAway further reserves the right to change the terms, conditions and notices under which this website is offered.


Your Indemnification

You hereby agree to indemnify, defend and hold WellAway, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. WellAway reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of WellAway.


Governing Law

This Agreement is governed by the laws of Bermuda. You hereby consent to the exclusive jurisdiction and venue of the Bermuda courts for the resolution of all disputes arising out of use of this website. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate WellAway's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by WellAway with respect to such use.


Social Media Terms of Use

The purpose of WellAway’s social media sites is to share up-to-date information with our members and users. WellAway is not responsible for and does not endorse any of the information, including comments, photographs, statements and opinions on WellAway’s social media site, other than the information posted by WellAway.


When you post personal information on a social media website, such information is publicly accessible. We recommend that you do not post or upload any information, content or materials which contain personal health information, financial and/or other private information of any person or entity. WellAway will not discuss our member’s plans or personal situations on our website or social media site. For questions related to benefits, eligibility, or health insurance claims, please contact a ConciergeCare counselor. Since our social media sites are not intended as a customer service site, we do not guarantee that we read all comments or messages or that we will reply to all messages or comments posted on our social media sites.


WellAway reserves the right, in its sole discretion, to remove at any time, any information, content or materials which is in violation of these terms and conditions, including if it deems such content inappropriate.


Our Contact Information

If you have any questions about this website or have technical problems in accessing information on our website, please contact us via e-mail at info@wellaway.com, telephone +1 (441) 296-0651, or post at the address below.

Well Away Limited
Canon’s Ct.
22 Victoria St.
PO Box HM1179
Hamilton, HM EX, Bermuda