Terms of Service

1. Scope of Application

These Terms and Conditions of Use (the "Terms of Use") apply to the web site located at https://www.welliba.com (the “Site”) and sub site located at https://excelerate.welliba.com (the “Sub-Site”) collectively the “Sites”. The Site is owned by Welliba Ireland Limited and the Sub-Site is owned by Welliba Global Sales Limited collectively known as “Welliba”.

2. Subject matter of Agreement

Welliba reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, Privacy Notice, or Cookie Policy at any time. Such changes shall be effective as of the date of posting on the Sites. It is your responsibility to check these Terms of Use, Privacy Notice and Cookie Policy periodically for changes. Any such revised terms supersede all previous terms. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Welliba grants you a simple, non-exclusive, non-transferable, non-sub licensable limited privilege to enter and use the Sites (which shall include access to, use of and receipt of any report(s) as requested by you subject to prior release approval by Welliba).

3. Age restriction

This Site may not be entered and used by persons under the age of 16. The Sites may only be entered and used by persons between the ages of 16 and 18 where the permission of a parent and/or legal guardian is provided.

4. Content and Restrictions

All text (including any report(s), papers and any other information as provided to you), graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained (which shall include any report(s), papers and any other information as provided to you ) on the Sites are owned by Welliba, and are protected by intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Welliba’s express prior written consent.

5. Your Use of the Sites: no unlawful or prohibited use

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Welliba reserves the right to bar any such activity. You may not attempt to gain unauthorised access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Welliba server, or to any of the services offered (if any) on or through the Sites, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites to its source, or exploit the Sites or any service (if any) or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or with any other person’s use of the Sites. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Welliba on or through the Sites or any service (if any) offered on or through the Sites or information made available or offered by or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Welliba or others.

6. Technical requirements

In order to use the Sites, the user requires a device that meets the applicable system and compatibility requirements, including but not limited to a compatible operating system and / or web browser. Compliance with the technical requirements is the sole responsibility of the user. You always have the option to stop using the Sites if you do not want to continue using the Sites for whatever reason. The maintenance and security of your equipment may influence the performance of the Sites and it is your responsibility to ensure the equipment’s functionality.

7. How we secure your information

Welliba takes appropriate security measures to protect against unauthorised access to, or unauthorised alteration, disclosure or destruction of data that you share with us, and which we collect and store. These security measures may vary based on the sensitivity of the data you share with us and which we collect and store. Whilst we aim at making our system highly reliable and secure, it is not possible to protect against technical malfunction or third-party attacks 100%. We cannot guarantee that communications between you and Welliba, and as a result of using the Sites, or any information provided by you or us in connection with the Sites will be free from unauthorised access by third parties. Unauthorised entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. In the event of unauthorised access by third parties of user information under our control we will take appropriate steps to investigate such unauthorised access and where appropriate notify the user and take other steps in accordance with the applicable laws and regulations.

8. Privacy

Welliba’s Privacy Notice applies to your use of these Sites, and its terms are made a part of these Terms of Use by reference. To view Welliba’s current Privacy Notice, this may be accessed by visiting the same page on our Sites where these Terms of Use are located. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others.

9. Content disclaimer and using the Sites at your own risk

If you rely on any aspect of the Sites, you do so solely at your own risk.
Our goal is to provide helpful and useful information by way of the Sites, but we make no endorsement, representation, or warranty of any kind about the accuracy of the Content collected and/or presented or provided through the Sites (which shall include any report(s), papers or any other information requested by you and provided by Welliba to you). Welliba are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of the Content (in whatever format and in whole or in part) you access, obtain or receive by way of accessing and using the Sites. Access and use of the Sites should not replace your own good judgment and common sense and is done solely at your own risk.

10. Warranty and Limitation of Liability

WELLIBA DOES NOT PROMISE THAT THE SITES OR ANY CONTENT OR INFORMATION, SERVICE (IF ANY) OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION AND CONTENT PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. WELLIBA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR RECEIVE FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WELLIBA TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, (INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED), INCLUDING THOSE OF ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WELLIBA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY WELLIBA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR ACCESS AND USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WELLIBA FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES HOWEVER, WHERE SUCH REMEDY IS NOT PERMISSIBLE AS A MATTER OF LAW THEN IN NO EVENT SHALL WELLIBA’S LIABILITY FOR ANY DAMAGE TO YOU, THE USER BE MORE THAN TWO HUNDRED AND FIFTY EURO (250 EURO).

To the fullest extent permitted by law, Welliba hereby expressly excludes:
• (a) any provisions that might otherwise be implied by statute law, common law or the law of equity;
• (b) any liability for loss or damage in connection with the use of or inability to use the Sites, including due to any linkages to third party websites;
• (c) any liability for loss or damage in connection with the Content or communications generated as a result of accessing and using the Sites;
• (d) any liability for bugs or faults in the Sites or Content or the systems it is provided by; and
• (e) any liability for any direct, special, indirect, punitive, incidental, exemplary or consequential loss or damage incurred by the user in connection with the use of the Sites, including loss of income or revenue; loss of business or business interruption; loss of profits or contracts; loss of anticipated savings; loss of use; loss of data; loss of Content; loss of goodwill; computer damage or system failure or the cost of substitute services arising out of or in connection with the Terms of Use or the use or inability to use the Sites; wasted management or office time; and for any other loss or damage of any kind,

in each case of the above, however arising and whether caused by tort (including negligence), breach of contract, breach of warranty, any other cause of action or any other legal theory or otherwise, even if foreseeable or even if advised of the possibility of such loss or damage relating to the Sites, access and use of the Sites or arising out of or in connection with the use of information available from and accessed from the Sites.

11. Warranty and Limitation of Liability

You agree to indemnify and hold Welliba, its officers, directors, shareholders, successors in title, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Welliba by any third party due to or arising out of or in connection with your access and use of the Sites

12. Intellectual Property

The information on our Sites (including without limitation, Content, logos, brand names, images, designs, photographs, video clips and written and other materials) is protected by copyright and may be subject to other proprietary intellectual property rights, such as trademarks, of Welliba or companies that are part of the Welliba Group of companies (which are related through shareholdings) or third parties.
You agree not to remove, change, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in, provided by, or accompanying the Sites. Our logos and any other Welliba trademarks that may appear on the Sites, and the overall look and feel of the Sites and Content, including page headers, graphics, icons, and scripts, may not be copied, imitated, or used, in whole or in part, without our prior written permission.
The information on our Sites as a whole as noted above is protected by copyright. Nothing on our Sites (including Content) should be construed as granting, by implication, or otherwise, any license or right to use any Intellectual Property displayed or provided by our Sites, without the prior written permission of Welliba except as expressly permitted in the Terms of Use. The names and logos of Welliba, may not be used in any way without prior written permission from Welliba. Welliba prohibits use of any logo of Welliba as part of a link to or from any other websites, forum (whether digital or analogue) unless Welliba approves such link in advance and in writing. Other product and company names mentioned on our Sites may be the intellectual property of other legal persons, and are subject, unless otherwise specified, to the same restrictions as are set out herein.
You are not allowed to use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content of the Sites (in whole or in part) (including any third-party software), except as expressly permitted in the Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Welliba or its licensors, except for the licenses and rights expressly granted in the Terms of Use.

13. Changes to the sites

Welliba reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; and (3) to interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

14. Links to third party websites

Our Sites may contain links to websites owned or operated by parties other than Welliba. Such links are provided for your reference only and are accessed solely at your own risk. Welliba does not monitor or control outside websites and is not responsible for their content. Welliba’s inclusion of links to an outside website does not imply any endorsement by Welliba of the material on such outside websites, or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Welliba’s inclusion of the links imply that Welliba is authorised to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. Welliba shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.
You are granted a limited, non-exclusive, and non-transferable right to create a text hyperlink to the Sites for non-commercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Welliba’s sole discretion without notice.

15. Violation of these Terms of use

Welliba may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Welliba’s rights or property, or the rights or property of visitors to or users of the Sites. Welliba reserves the right at all times to disclose any information that Welliba deems necessary to comply with any applicable law, regulation, legal process or governmental request or to enforce these Terms of Use.
If Welliba does take any legal action against you as a result of your violation of these Terms of Use, Welliba will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Welliba. You agree that Welliba will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.

16. Governing Law

You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the Republic of Ireland. The courts of Ireland shall exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use.

17. International Operations; a note to users outside of the EU

Welliba stores information about visitors to our Sites and about users on servers located in the European Union. By using our Sites and its services, you agree to storage of your information inside the European Union. If you are using our Sites and services from outside the European Union, please know the data and personal information you submit will be transferred to and stored in servers in the European Union. The data protection and other laws of the European Union and / or other countries might not be as comprehensive as those in your country. By submitting your data and / or using our Sites and services, you consent to the transfer, storing, sharing and processing of your data outside, in and to the European Union. Where for any reason, we may need to transfer personal data outside the European Union, we will take all steps reasonably necessary to ensure that your personal data is protected to an acceptable EU standard. The safeguards in place with regard to the transfer of your personal data outside of the EEA to third parties shall include (but shall not be limited to) the entry by us into appropriate contracts with all transferees of such data and the carrying out of risk assessments and adoption of supplementary and / or mitigating measures to ensure compliance with GDPR

17. Miscellaneous

If we are required by applicable law to notify you of any changes to our Terms of Use, Privacy Notice or the Cookie Policy or to renew your consent, we will ask you to expressly acknowledge such changes or obtain such renewed consent from you and your further use of the Sites will be conditional on receiving such consent or acknowledgement (as the case may be).
Welliba may terminate your access to the Sites at any time with or without notice to you. Welliba shall not be liable to you for any loss associated with termination of such access to the Sites.
If any of the provisions of these Terms of Use are held by a court to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and Welliba with regard to your access and use of the Sites, and any and all other written or oral agreements or understandings previously existing between you and Welliba with respect to such use are hereby superseded and cancelled.
Welliba’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Welliba of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Welliba and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The English (UK) version of the Terms of Use is the agreed definitive version. Any non-English (UK) version, which Welliba has produced by technology enhanced means, is provided solely for translation purposes. Consequently, you should always review the English (UK) version for a definitive understanding of the Terms of Use. In the event of a conflict between the English (UK) version and the translated version, the English (UK) version shall prevail.
Any rights not expressly granted in the Terms of Use are reserved.

Welliba Ireland Limited
Address; Comworks, Railway House, Station Road, Loughrea, Co. Galway,
Company Register: 695364 Ireland
Managing Director: Joe Barrett Email: info@welliba.com

VAT – ID: IE3769892MH Welliba Global Sales Limited
Address; Comworks, Railway House, Station Road, Loughrea, Co. Galway, H62 VN56, Ireland
Company Register: 706053 Ireland
Managing Director: David Barrett Email: info@welliba.com
VAT- ID: IE3843249VH

EU dispute settlement
The European Commission also provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.