TERMS AND CONDITIONS

General Terms

WellivaOrganics.com is owned and operated by Glocare, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. These Terms of Service apply to all users of the site, without exception. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Online Store Terms

THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER.

IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.

In order to use our website and/or receive our services, you must be at 18 years of age, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. We cannot guarantee as to the lawfulness of any product offered on our website. You must be of legal age required by the state you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products. Any questions regarding the legality of hemp products in your state should be directed to your attorney.

Products and Services

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you are the authorized user of the credit or debit card used to place your order (iii) you have sufficient funds to cover the costs of products you have ordered (iv) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The fee for the recurring monthly subscriptions and any other charges you may incur in connection with your use of the www.wellivaorganics.com, such as taxes and possible transaction fees, will be charged on a monthly basis to the credit card provided at the time of purchase.

The prices we charge for our products are listed on the website. We reserve the right to limit sales of our products to any person or geographic area as well as the right to limit the quantities of products we offer. We reserve the right to change our prices for products displayed at any time without notice, to correct pricing errors that may inadvertently occur, and to discontinue any product/service at any time. Additional information about pricing and sales tax is available on the payments page. All orders placed on this website are subject to availability and we reserve the right to refuse any orders. Orders will normally be shipped within 3 business days but shipment date of product may vary depending on product availability, and delivery times are subject to UPS/USPS delivery times and conditions, for which Glocare, LLC will not be responsible.

Through WellivaOrganics.com, Glocare, LLC sells hemp derived products that are federally legal in accordance with the 2018 United States Farm bill which allows the sale of hemp derived products containing less than 0.3% THC on a dry weight basis. Our CBD products are compliant with State of Vermont and federal regulations and have been independently tested to verify less than 0.3% THC. We cannot guarantee that you will be able to pass a drug test after consuming the products available on this website, and recommend you consult with your physician and employer regarding drug testing before buying and consuming our products.

Return and Refund Policy

All products purchased on WellivaOrganics.com are eligible for a 30 day refund, less shipping costs. If you are not satisfied with your purchase, please contact us or email us at welliva@wellivaorganics.com to initiate a refund and receive a return shipping label. Refunds will be processed within 5 business days of receiving returned product. Review our full refund policy for more details.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Glocare, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification

You agree to indemnify and hold Glocare, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Glocare, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Glocare, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don’t want to receive such promotional materials or notices – please just notify us at any time.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America/State of Vermont, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Burlington, Vermont, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Prohibitions

By using this website, you agree that you are prohibited from:

(i) Committing any unlawful act or solicit other to commit unlawful acts in violation of international, federal, state of local laws, rules and ordinances.

(ii) Infringe upon the rights of any other person in the form of violating intellectual property rights, harassment or discrimination based on race, gender, ethnicity, age, sexual orientation, religion or disability.

(iii) Upload, transmit or distribute any malicious or technologically harmful code that could affect the functionality of this website or any other.

(iv) Spamming, phishing, and/or collecting personal information of others.

(v) Interfering with the security features of this website.

We reserve the right to terminate your use of this service/website and to report any prohibited use to the appropriate law enforcement agency. Glocare, LLC is not responsible for any loss or damage caused to your computer equipment or personal data due to your use of this website or any website linked herein.