Terms and Conditions – Privacy

Introduction

Welcome to Cell Wellbeing Global! Thank you for visiting our website, which is governed by the following Terms and Condition (this “Agreement”) The purpose of this Agreement is to sets out rights and obligations and other necessary matters between “You”, “Your” or “User” shall refer to any natural or legal person and Cell-Wellbeing Global.com, the website, and its subsidiaries (“Cell-Wellbeing Global ”) in connection to the usage of this Website. By accessing to this Website, you hereby agree to be bound by this Agreement, thus please read them carefully. As used in this Agreement, the terms “Cell-Wellbeing global”, “Us”, “Our” or “We”, hereby refer to the Cell Wellbeing global.

Definition

In this Agreement unless the context otherwise requires:

“You”, “Your”, “User” Means any natural or legal person who was granted the Services provided by Cell-Wellbeing Global in accordance with this Agreement.
“Agreement” Means the Terms and Condition which set out rights and obligations and other necessary matters between person trading products or services and Cell Wellbeingglobal.
“Cell Wellbeingglobal” Means Cell Wellbeingglobal.com.
“Services” Means in connection with Cell Wellbeing’s Hair Indexing products.
“Business Day” Means any day during which Services are normally provided by Cell Wellbeing global, which excludes Saturday, Sundays and any public and/or bank holidays.
“Content” Means submitting post reviews, comments, suggestions, ideas, questions and other information on the Website.
“Electronic Communication” Means via e-mails, electronic record or other mode of electronic communication to contact with Cell Wellbeingglobal.com.

Amendments/Variation of the Agreement

Notwithstanding any clause stated herein, we reserve the right and at our absolute discretion to add, change, discontinue, remove, or suspend any content, including, without limitation, all audio, video, images, graphics, software, data and information (the “Content”), posted on the Website, including features and specifications of products described or depicted on the Website, temporarily or permanently from time to time without any prior notice to you. We further reserve our rights to update this Agreement from time to time without prior notice to you. You are responsible to review these terms and condition periodically for any updates or changes. Your continuance usage of this Website following the changes will indicate that you have and will accept and agree to the subsequent revised terms.

S-Drives Scanning and Reports

The S-Drives scanning and reporting process is not a conventional medical test and does not provide medical information or information that can be used to diagnose or treat medical conditions. The information comes from the field of the person recorded through their hair scan and assessed using bio-resonance devices and adaptive resonance algorithms. We do not seek reproducibility of the scanned data as the field information reflects the constantly changing environmental influence on the epigenetic expression of the person. At the field level, the environmental influence is dynamic and this is picked up in the recorded scans.

The body takes time to process this data and bring about physical change to the cells and systems and so a minimum 90-day period is suggested between scans to get valid data. The physical systems of the body operate under tight control with limited room for change, which is what the cellular and electrical systems of the body require to maintain physical homeostasis. However, the controlling fields are homodynamic and reflect a different picture of the body which encompasses all aspects of the changing and dynamic and non-linear system.

Limitation of Liabilities

The Content displayed on the Websites is provided without any representations, guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Websites or in connection with the use, inability to use, or results of the use of the Websites, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. loss of goodwill;
  7. wasted management or office time; and
  8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

No Liability for Information on this Website

We have taken reasonable measures to ensure that the information contained within this Website is correct and up-to-date, however, by using this Website, you accept that: The S-Drives is not a medical device and should not be represented and/or treated by you as such.

YOUR USAGE OF THE WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CELL WELLBEING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF PROPRIETARY RIGHTS OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE. OR AS TO THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THIS WEBSITE. CELL WELLBEING DOES NOT WARRANT THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, OR OTHERWISE USE THIS WEBSITE. CELL WELLBEING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CELL WELLBEING GLOBAL’ NEGLIGENCE, SHALL CELL WELLBEING BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN, THE CONTENT AND FUNCTIONS OF THIS WEBSITE, EVEN IF CELL WELLBEING GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These statements contained within this report have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease. Advice and recommendations given in this report or in personal consultation by phone, email, in-person, online coaching, or otherwise, is at the reader’s sole discretion and risk. You should see a qualified, licensed doctor before starting any nutritional or diet program. Information presented in this report is not to be interpreted as any kind of attempt to prescribe or practice medicine. These statements and information have not been evaluated by the Food and Drug Administration. No product offerings made as a result of this report are intended to treat, diagnose, cure or prevent any disease. You should always consult with a competent, fully-informed medical professional or health practitioner when making decisions having to do with your health. You are advised to investigate and educate yourself about any health-related actions and choices you make.

Links to Third-Party Site

The Site may contain links to other sites operated by third parties. These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose. Cell-Wellbeingglobal.com does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness, privacy setting for particular purpose of any such third-party sites. Any link to a third-party site presented on our Website does not constitute sponsorship, endorsement, approval or responsibility by Cell Wellbeingglobal.com. Please review the conditions of use for all third-party sites for more information about the terms and conditions that apply to your use of these sites. Where any interactions between site users take place, we accept no responsibility for any harassment, annoyance or the transmission of any offensive, illegal or derogatory material(s).

Security

We are unable to guarantee that third parties will not be able to independently gain access to confidential information or data (including without limitation payment details and details of your personal identity) passing to or via this Website. Accordingly, we do not accept any responsibility or liability whatsoever for any loss or damage suffered or incurred by you as a result of any use or misuse of any such confidential information or data by any such third party and you agree and acknowledge that your use of this Website shall be solely at your own risk.

Indemnification

As a condition to the use of this Website, you agree to defend, indemnify, hold harmless Cell-Wellbeingglobal and its respective directors, licensee, affiliates, subsidiaries, business partners, agents, officers, employees, from and against any claim, liabilities, losses, damages, inquiries, demand, suits, costs, and expenses which including but not limited to, reasonable attorney’s fees and expenses arising out of or otherwise relating to your usage of this Website. In furtherance, you agree to indemnify, defend, and hold Cell Wellbeing and its respective directors, licensee, affiliates, subsidiaries, business partners, agents, officers, employees, harmless from and against any and all liabilities and costs (including, without limitation, legal fees and costs), in connection with any claim arising out of any breach by you of this Agreement or the representations, warranties, and covenants or your use of this Website. You will cooperate as fully as reasonably required in Cell Wellbeing’s defence of any claim. We reserve the right, as its own expense, to assume the exclusive defence 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 Cell-Wellbeingglobal.

Prohibitions/Prohibited Uses

  • You must not misuse this Website. As a condition of your usage of this Website, you agree, covenant and undertake that you are bound to the followings including but not limited to:
  • Not to store, transmit, publish or disseminate any obscene, hateful, pornography, racist, or any other illicit, contrary to public policy or otherwise objectionable content;
  • Not to store, transmit, publish or disseminate any content that promotes or relates to information about illegal activities or causes personal harm or injury against any individual or group (including defamation, insults, abuse, etc.);
  • Not to infringe the copyright, trademark, trade name, logo, trade secret or any other intellectual property rights of a third party or violate the privacy, publicity or other personal rights of a third party;
  • Not to encourage, assist or authorized any other person to copy, modify, reverse engineering, decompile or disassemble, or otherwise tamper with, Cell-Wellbeingglobal.com’s Website, whether in whole or in part, or to create any derivative works from or of Cell- Wellbeingglobal’s Website;
  • not violate or attempt to violate the security of the Website, including, without limitation to accessing data not intended for you or logging onto a server or an account that you are not authorized to access; trying to change the behaviour of the Website; attempting to probe, scan, or test the vulnerability of a system or network, or to breach the security or authentication measures;
  • not to misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain un-authorised access to the websites. You must not attack the websites via a denial of-service attack or a distributed denial service of attack. By breaching this provision, it tantamount to a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate fully with any such authorities by disclosing your identity to them;
  • misrepresent your identity or represent yourself as another entity;
  • use the information provided within the Website to develop a competing product against Cell Wellbeingglobal.com; and
  • not to commit and will not attempt to initiate any transaction that may contravene to any anti-money laundering legislation such as such as to transform illegally obtained funds gain into seemingly legitimate funds. You hereby acknowledge and agree that Cell Wellbeing is obliged to comply with anti-money laundering legislation and you must provide us with any information we require before a contract comes into effect between us.

You hereby agree to indemnify us in full and against any and all claims, liabilities, losses, damages, expenses and other costs whatsoever suffered or incurred as a result of any breach of your obligations, including, but not limited to, any claims made against us by any third party.

Privacy and Use of Personal Information (the “Privacy Policy”)

Cookies

For each visitor to the Website, Cell Wellbeingglobal.com’s web server automatically recognizes and stores information, such as the visitor’s IP address/domain name combination. Your computer provides such information automatically each time you log on, unless you have activated blocking technology available in some browsers. Cell-Wellbeingglobal may use cookies which store certain information on your computer which will allow us to customize your visit to the Website and for other purposes to make your visit more convenient. Most browsers will allow you to erase cookies, from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies, we may not be able to restore any preferences or customization settings you previously specified, and our ability to personalize your online experience would be limited.

Personal information

We may ask you to provide personal or individually identifiable information, such as your e-mail address, name, mailing address, telephone number, identification document number, credit card number or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to enable you to fill out a registration, or to order products and services using the Website. If you choose not to provide your personal information.

21.4        Use of Information

We may combine the information you provide on the Website with other information we may collect from you or from third parties so that we can more effectively tailor the Website and the provision of products and services to you. If you provide Cell Wellbeing with personal information, you shall have the right, on reasonable prior notice, to inspect, change, amend, or delete such information, as permitted under the You should direct any requests for access or change to your personal information in writing via email at: sales@cell-wellbeingglobal.com.

Unless it is for the purposes you have requested or originally agreed, we will not share the personal information you provide on the Website with any other parties, except (a) with your consent; (b) as may be required by law or court order or as requested by a law enforcement agency; (c) to persons or companies with whom Cell Wellbeing global contracts to carry out the internal operations of the Website or our business; (d) to enforce this Agreement; (e) to protect the personal safety, security or property of our users, the public, or ourselves; or (f) to respond to an emergency or exigent circumstances. Although we take measures to safeguard against the unauthorised disclosure of your personal information, we cannot assure you that personally identifiable information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

21.6        This Privacy Policy does not restrict or prohibit our use of disclosure of public information. We reserve the right to transfer any and all information that we collect from you to third parties in the event that we sell or transfer substantially all of our assets related to the Website to such third party.

Media Policies and Procedures

Should you receive any inquiries from the media regarding the S-Drive, please contact www.Cell-Wellbeing.com’s Public Relations team immediately, as they can provide the appropriate support and press materials.

Miscellaneous

We will not be liable to you for failure to perform or delay in performance of any obligations caused by events outside our reasonable control (“Force Majeure Event”), including without limitation, any difficulties experienced by you in accessing the Website. A Force Majeure Event shall be include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: strikes, lock outs or other industrial action; civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations, or restrictions, of any government; and any shipping, postal, or other relevant transport strike, failure or accidents.

This Agreement constitute the entire agreement between you and Cell Wellbeing relating to your use of this Website and shall supersede and replace all other contracts (except, where applicable), discussions, letters or communications (whether written or oral) relating to the subject matter hereof save that neither party excludes liability for any fraudulent misrepresentations made by it to the other party upon which the other party can be shown to have relied.

LEGAL DISCLAIMER

The Content of this Website has not been evaluated by the US Food and Drug Administration and that the product(s) on this Website is not intended to diagnose, treat, cure or prevent diseases. Any recommendations originating from this Website any personal consultations by phone, email, in person, or any online consultations/discussions, are at your sole risks. You should and are advised to consult a qualified and licensed medical professional or health practitioner before starting any nutritional diet program or regime. Content of this Website or originating from it is not to be interpreted as an attempt to prescribe or practice medicine. No product offerings are intended to diagnose, treat, cure or prevent diseases. You should always consult a qualified and licensed medical professional or health practitioner when making decisions regarding your health. You are advised to investigate and educate yourself about any health-based actions and choices you make.

 

PRIVACY POLICY

When you use the services of Cell Wellbeing global through this website, you trust us with your information. There are many different ways that you can use our services

This Privacy Policy informs you the following: –

  • What information we collect;
  • How we use that information;
  • How we may share that information;
  • How we protect your information;
  • What choices you can make about how we collect, use, and share your personal information.

This Privacy Policy is meant to help you understand what data we collect, why we collect it and what we do with it. This is important; we hope you will take time to read it carefully.

 

INFORMATION WE COLLECT

Your information which will be collected by us or our S-Drive operators, includes but not limited to the followings: –

  • Your name;
  • Your personal health details
  • Your mailing address;
  • Your e-mail address;
  • Your phone number;

through the following ways:-

1. Information you give us

We collect and store information that you have provided to us through our Website, mobile applications.

2. Information we get from your usage of our services.

We collect and store information when you have authorized the S-Drive operators to conduct a digitized hair process while using the S-Drive. During the program, the S-Drive operator is required to key in your particulars into the S-Drive software before your personalized Report is generated.

3. E-mail Communications:

The purpose of emails is to help us to make e-mails more useful and interesting, we will receive a confirmation when you open e-mail from the Website if your computer supports such capabilities.

HOW WE USE THE INFORMATION WE COLLECT

Your information provided to us may be processed by entities (in or outside of the Europe) within Cell Wellbeing Group of Companies (including related companies, subsidiaries, holding companies, associated companies and outsourcing partners).

The information we have collected will be used including but not limited to: –

  • Fulfilling orders, S-Drive services or the request of any information;
  • Sending of reminder emails after 90 days from the last S-Drive service;
  • Tracking and confirming online orders;
  • Delivery for the products purchased (if applicable);
  • Establishing and managing your accounts;
  • Communicating things like special events and surveys, which you are not obliged to complete but which will be completely confidential and analysed anonymously; and/or
  • Using and disclosing other information in aggregate for research, marketing and strategic development purposes to enhance our services.

Data Retention:

We may retain your information for as long as your account is active or as needed to provide you with services, to comply with our legal obligations, to resolve disputes, and to enforce our agreements.

HOW DO WE SHARE YOUR INFORMATION

We do not sell, rent or trade your personal information to third parties. If you provide information to any of the businesses or Website owned or operated by us, this information may be combined or shared among us including affiliates and subsidiaries. Each of the service provider and/or consultants will be governed by each of their privacy policies, as applicable.

In general, we will not share your information to any third party unless we’ve received your prior consent or if any of the following circumstances applies:-

1. We may need to share your information with any third party including but not limited to any of our appointed Country Manager, S-Drive operators, Distributors, consultants, logistic companies, payment gateway, service providers) to perform services on our behalf such as:

  • Fulfilling orders and/or services as required by you;
  • Delivering packages to you;
  • Servicing products purchased by you;
  • Sending marketing communications to the users;
  • Fulfilling subscription services;
  • Conducting research and analysis; and
  • Processing credit/debit card payments.

2. As required by the Law

In some unforeseen circumstances, we may be required to share personal information in response to a regulation, court order or subpoena. We may also share information when we believe it’s necessary to comply with the law, to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of Cell Wellbeing global, our customers, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity.

3. We may also share personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy. We may process personal information on our offices in many countries around the world. We may process your personal information on a server located outside the country where you live.

HOW WE PROTECT THE INFORMATION WE COLLECT

We use reasonable security measures to protect the confidentiality of personal information under our control. We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us and who are subject to strict contractual confidentiality obligations. They may be disciplined or their contract terminated if they fail to meet these obligations. We further use a variety of information security measures for the purpose to create layers of fraud or theft protection and risk reduction in order to protect your online transactions with us. However, we cannot ensure or warrant the security of any information you transmit to us are controlled and blocked from any potential exposure to internet fraud or identity theft that might hijack your account (account takeover fraud).  Thus, your usage of the Website is at your own risk.

YOUR CHOICES REGARDING THE INFORMATION WE COLLECT 

You may choose to:

  • Stop receiving marketing or promotional e-mails, direct mail, phone and mobile marketing communications;
  • Update and correct your personal information;
  • Request removal of content or personal information posted by you from our Website, online service, online application, mobile application, blog, community forum or to our appointed personnel, Country Managers, S-Drive operators or Distributors. In some cases, we may not be able to remove your content or personal information as a result of your continuous usage of our services, in which case we will let you know if we are unable to do so.

*Please note: Even if we are able to anonymize or make your content or information no longer visible, this does not ensure complete or comprehensive removal of your content or personal information from the internet as third parties may retain screen shots on our Website pages (e.g., cache files).

LIMITING THE PROCESSING OF PERSONAL INFORMATION, FURTHER ENQUIRIES AND COMPLAINTS

If you would like to obtain further information on how to limit the processing of your personal information by us; or you have any further query; or you would like to make a complaint in respect of your personal information, you may contact sales@cell-wellbeingglobal.com.

COMPLIANCE AND COOPERATION WITH REGULATORY AUTHORITIES

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

LINKS TO OTHER WEBSITES

Our Websites link to other Websites, many of which have their own privacy policies. Be sure to review the privacy policy on the Website you’re visiting.

PRIVACY POLICY UPDATES

We may need to update our Privacy Policy as Cell Wellbeing global and our customers grow and evolve. If you choose to visit the Website, you should check our Websites frequently to see recent changes your visit and any dispute over privacy is subject to this Policy and our Terms and Condition, including limitations on damages, resolution of disputes, and application of the law of Australia.