Terms and Conditions
Effective Date: July 1, 2025
Introduction
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the wellnesswithmanya.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Wellness With Manya (“Operator”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false, incomplete or obsolete contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized use of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not use a username that belongs to another person or entity, that you are not legally authorized to use, or that infringes on any trademark or other rights of any third party. You also may not use a username that is offensive, vulgar, or obscene. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Health Disclaimer
All information, resources, and Services provided by Wellness with Manya are for informational and educational purposes only and do not constitute medical advice, diagnosis, or treatment. Our Services are not intended to replace professional medical advice from licensed providers. You should consult your physician or qualified healthcare provider before making any health-related decisions. You acknowledge that results vary and we do not guarantee any specific outcome.
By using our Website or Services, you accept full responsibility for your use and any consequences.
Communications
By using our Website or Services, you consent to receive newsletters, marketing or promotional materials and other communications. You may opt out at any time using the unsubscribe link or by contacting us at manya@wellnesswithmanya.com.
Purchases
If you make any purchase through our Website or Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and/or your shipping information.
You represent and warrant that you have the legal right to use the payment method provided and the information you supplied to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, suspected fraud, errors in the description or price of the product or service, error in your order or other reasons.
Refunds
All purchases of products and services through the Website are final and non-refundable.
Links to other resources
Although our Website and Services may contain links to other resources (including websites, mobile applications, or other online services), we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless expressly stated. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
For example, portions of these Terms and Conditions have been created using resources provided by online policy generators such as PolicyMaker.io and WebsitePolicies.com to assist in generating standard legal documents.
You acknowledge and agree that Wellness with Manya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on or through any third-party websites or services. We strongly recommend that you review the terms of service and privacy policies of any third-party websites or services that you access through our Website.
Analytics
We may engage third-party service providers to monitor, analyze, and report on the use of our Website and Services.
Intellectual property rights
“Intellectual Property Rights” means all current and future rights granted by statute, common law, or equity in relation to any copyright and related rights, trademarks, service marks, trade names, designs, patents, inventions, goodwill, the right to sue for passing off, rights to use and exploit inventions, and all other intellectual property rights — whether registered or unregistered — including all applications for such rights and any rights to claim priority from them. This includes any similar or equivalent rights or forms of protection and any other results of intellectual effort that exist now or may exist anywhere in the world in the future.
Nothing in this Agreement transfers to you any ownership of intellectual property belonging to the Operator or any third party. All rights, title, and interest in such intellectual property shall remain solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are the trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics, and logos used may be the property of third parties. Your use of the Website and Services does not grant you any right or license to reproduce or otherwise use any trademarks of the Operator or any third party.
Copyright Policy
We respect the intellectual property rights of others and require our users to do the same. It is our strict policy to promptly address any claim that content available on our Website infringes the copyright or other intellectual property rights (‘Infringement’) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been used or copied in a way that constitutes infringement, please send a detailed claim to manya@wellnesswithmanya.com with the subject line: “Copyright Infringement Notice”. Your claim must comply with the DMCA notice procedure as described below.
Important:
You may be held legally responsible for any damages (including costs and attorneys’ fees) if you knowingly misrepresent that any content or activity is infringing.
Wellness with Manya reserves the right to pursue legal remedies against any party who submits false, abusive, or bad-faith takedown notices.
We do not knowingly host or distribute infringing content. Any original content, educational materials, and wellness resources we provide are either owned by us or used with appropriate permission or license. Any original content, educational materials, and wellness resources we provide are owned by us or used with appropriate permission, license, or under fair use for educational or commentary purposes. Where we include quotes, excerpts, or references to third-party works, we aim to credit the original authors appropriately and do not claim ownership of those third-party works.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the the material that you claim is infringing, including its location (URL or page) on our Website;
Your name, mailing address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Prohibited uses
In addition to all other terms in this Agreement, you agree that you will not use the Website, Services, or any Content for any of the following purposes or activities:
For any unlawful purpose or to solicit others to engage in any unlawful acts;
To violate any international, federal, state, provincial, or local laws, regulations, or ordinances;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content;
To submit false or misleading information;
To upload or transmit viruses, malware, or any other harmful code that may affect the functionality or operation of the Website, Services, third-party products or services, or the Internet;
To spam, phish, pharm, pretext, spider, crawl, scrape, or engage in any other unauthorized data collection or harvesting;
For any obscene, offensive, or immoral purpose;
To impersonate or attempt to impersonate the Website or Services, our employees, another user, or any other person or entity;
In any way that infringes upon the rights of others or that is illegal, threatening, fraudulent, or harmful;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm or offend the Website, Services, or users, or expose them to liability;
To attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website or Services, the server on which they are stored, or any server, computer, or database connected to the Website or Services;
To attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack;
To use any manual or automated process to monitor, copy, or scrape any material from the Website or Services for any unauthorized purpose without our prior written consent;
To take any action that could damage or falsify the Company’s reputation, rating, or credibility;
To otherwise attempt to interfere with the proper working of the Website or Services in any way.
We reserve the right to suspend or terminate your access to the Website and Services if you violate any of these prohibited uses.
Indemnification
You agree to indemnify, defend, and hold harmless Wellness with Manya, its affiliates, officers, directors, employees, agents, contractors, suppliers, and licensors from and against any and all claims, demands, allegations, disputes, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Your use or misuse of the Website or Services, including any wellness consultations, reports, or recommendations provided to you;
Any content or information you submit or share;
Your violation of this Agreement or any applicable law, regulation, or third-party right; or
Any willful misconduct or negligence by you.
Disclaimer Of Warranty
The Website and Services are provided by Wellness with Manya on an “as is” and “as available” basis. Wellness with Manya makes no representations or warranties of any kind, express or implied, regarding the operation of the Website or the information, content, materials, or services included on or otherwise made available through the Website. You expressly agree that your use of the Website, its content, and any products or services obtained from us is at your sole risk.
Neither Wellness with Manya nor any person associated with Wellness with Manya makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Website or Services. Without limiting the foregoing, Wellness with Manya does not warrant that the Website, its content, or any products, services, or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that the Website or the server that makes it available are free of viruses or other harmful components; or that the Website, Services, or any products or services obtained through the Website will otherwise meet your expectations or needs.
To the fullest extent permitted by law, Wellness with Manya disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
This disclaimer does not limit or exclude any warranties or rights that cannot be limited or excluded under applicable law.
Limitation Of Liability
Except where prohibited by law, you agree to hold Wellness with Manya, and its officers, directors, employees, agents, contractors, and representatives harmless from any indirect, punitive, special, incidental, or consequential damages, however they arise (including attorneys’ fees and all related costs of litigation, arbitration, appeals, or disputes), whether in an action of contract, negligence, tort, or otherwise, arising out of or in connection with this Agreement. This includes, without limitation, any claim for personal injury, property damage, or violation of any federal, state, or local law, rule, or regulation, even if Wellness with Manya has been advised of the possibility of such damages.
Except where prohibited by law, if Wellness with Manya is found liable for any damages, our total liability will not exceed the amount you paid for the applicable products or services. Under no circumstances will Wellness with Manya be liable for any consequential, incidental, punitive, or special damages.
Some states or jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you to the extent prohibited by law.
Force Majeure
We are not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or failures of the internet.
Severability
All rights and restrictions in this Agreement apply and are binding only to the extent that they do not violate any applicable law. If any provision of this Agreement, or part of it, is held by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified, it will be severed from this Agreement, and the remaining provisions will remain in full force and effect.
Governing Law and Jurisdiction
Before initiating any legal action, both parties agree to make a good faith effort to resolve any dispute or claim informally.
This Agreement, and any dispute or claim arising out of or relating to its formation, interpretation, or performance, shall be governed by the substantive and procedural laws of the State of California, United States, without regard to its conflict of law rules. Where applicable, the laws of the United States shall also apply. The exclusive jurisdiction and venue for any legal action related to this Agreement shall be the state and federal courts located in California, United States, and you agree to submit to the personal jurisdiction of such courts. You expressly waive any right to a jury trial in any legal proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to update or modify this Agreement and its terms relating to the Website and Services at our sole discretion and at any time. When we make changes, we may revise the updated date at the bottom of this page. It is your responsibility to review this Agreement periodically for any changes.
Unless otherwise stated, any updated version of this Agreement will take effect immediately upon posting. Your continued use of the Website and Services after the revised Agreement becomes effective constitutes your acceptance of the changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all of its terms and conditions. By accessing or using the Website and Services, you agree to be bound by this Agreement. If you do not agree to comply with these terms, you are not authorized to access or use the Website or Services.
Contact us
If you have any questions, concerns, or complaints regarding this Agreement, please contact us at:
Email: manya@wellnesswithmanya.com
This document was last updated on July 1, 2025