Terms and Conditions

TERMS & CONDITIONS – USE OF WEBSITE

October 2021 Fidem Wellness LLC

1. ABOUT OUR TERMS

· 1.1. These Terms explain how you may use this website (the Site).

· 1.2. You should read these Terms carefully before using the Site.

· 1.3. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.

· 1.4. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

· 1.5. If you have any questions about the Site, please contact us using the contact details provided at the end of these Terms

· 1.6. Definitions

· Content – means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

· Terms – means these terms and conditions of use as updated from time to time under clause 10;

· Terms and Conditions for Online Sales – means the terms and conditions which will apply to you ordering products using the Site;

· Privacy Policy – means the policy, which governs how we process any personal data collected from you;

· Site – has the meaning given to it in clause 1.1;

· “We”, “us” or “our” – means Fidem Wellness LLC, Dr. Oluchi Immanuel; and

· “You” or “your” – means the person accessing or using the Site or its Content.

· 1.7. Your use of the Site means that you must also comply with our Terms and Conditions for Online Sales, our Privacy Policy and the Privacy Notice at Clause 6 of these Terms.

2. USING THE SITE

· 2.1. The Site is for your personal and non-commercial use only.

· 2.2. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected].

· 2.3. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

· 3.1. This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

· 3.2. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

· 3.3. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.

4. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

· 4.1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.

· 4.2. We may suspend or terminate operation of the Site at any time as we see fit.

· 4.3. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

· 4.4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

5. HYPERLINKS AND THIRD PARTY SITES The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

6. PRIVACY NOTICE By proceeding to use the Site you consent that we may process the personal data that we collect from you in accordance with our Privacy Policy. In particular, we will use information we hold about you for the purposes of letting you know about events that we think may be of interest to you run by us or our affiliates.

7. LIMITATION ON OUR LIABILITY Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses that were not foreseeable to you and us when these Terms were formed or that were not caused by any breach on our part.

8. EVENTS BEYOND OUR CONTROL We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

9. RIGHTS OF THIRD PARTIES No one other than a party to these Terms has any right to enforce any of these Terms.

10. VARIATION No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

11. DISPUTES

· 11.1. We will try to resolve any disputes with you quickly and efficiently.

· 11.2. If you are unhappy with us please contact us as soon as possible.

12. CONTACT INFORMATION If users have any questions or suggestions regarding these Terms, please contact us at: [email protected].

TERMS & CONDITIONS – ONLINE SALES

October 2021 Fidem Wellness LLC- Lifetoyearstv.com

Please read the following important terms and conditions before you buy anything on our website (the Site).

These terms set out:

· your legal rights and responsibilities;

· our legal rights and responsibilities; and

· certain key information required by law.

In these terms:

· “We”, “us” or “our” means Fidem Wellness; and

· “You” or “your” means the person using the Site to buy products (be they goods, services or digital content) from us.

· If you don’t understand any of these terms and want to talk to us about them, please contact us by email: [email protected]

1. INTRODUCTION

· 1.1. If you buy products on the Site you agree to be legally bound by these terms.

· 1.2. The terms are only available in English. No other languages will apply.

· 1.3. When buying any products you also agree to be legally bound by:

· 1.3.1. our use of website terms and conditions and any documents referred to in them;

· 1.3.2. our privacy policy;

· 1.3.3. extra terms which may add to, or replace some of, these terms. This may happen for security, legal or regulatory reasons.

· 1.3.4. specific terms which apply to certain products. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.

All these documents form part of these terms as though set out in full here.

· 1.4. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

· – You are an individual.

· – You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

· 1.5. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

2. INFORMATION WE GIVE YOU

· 2.1. By law, where you buy products from the Site as a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We set out this key information below:

· 2.1.1. the name of the service provider: Fidem Wellness LLC;

· 2.1.2. registered office in the UK: 5680 Highway 6, Suite 225, Missouri City, Tx 77459;

· 2.1.3. the email address for “direct” and “effective” communication: [email protected]

2.2. The key information we give you by law forms part of our contract with you.

3. ORDERING PRODUCTS FROM US

· 3.1. Below, we set out how a legally binding contract between you and us is made.

· 3.2. You place an order on the Site by submitting your order. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

· 3.3. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

· 3.4. We may contact you to say that we do not accept your order. This is typically for the following reasons:

· 3.4.1. the products are unavailable;

· 3.4.2. we cannot authorize your payment;

· 3.4.3. you are not allowed to buy the products from us;

· 3.4.4. we are not allowed to sell the products to you;

· 3.4.5. you have ordered too many products; or

· 3.4.6. there has been a mistake on the pricing or description of the products.

· 3.5. We will only accept your order when we email you to confirm this. At this point:

· 3.5.1.1. a legally binding contract will be in place between you and us; and

· 3.5.1.2. we will dispatch the products to you.

4. CONSUMER’S RIGHT TO CANCEL THIS CONTRACT

· 4.1. Where you purchase products from the Site as a consumer, you have the right to cancel this contract within 7 days without giving any reason.

· 4.2. The cancellation period will expire after 7 days from the day you place your order.

· 4.3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement sent by email to [email protected]. You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation form To Fidem Wellness LLC : I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*], Ordered on [*]/received on [*], Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date [*] Delete as appropriate · 4.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

· 4.5. Your right as a consumer to change your mind does not apply in respect of:

· 4.5.1. digital products after you have started to download or stream these;

· 4.5.2. services, once these have been completed, even if the cancellation period is still running;

· 4.5.3. any part of a group or series of services where that part takes place during the cancellation period (although the right to change your mind will apply in respect of any part of that group or series of services that has not already taken place during the cancellation period);

· 4.5.4. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

· 4.5.5. any products which become mixed inseparably with other items after their delivery.

5. CANCELLATION OF SERVICES

· 5.1. Where the product that you order via the site is services organized by us, then the following cancellation provisions will apply:

· 5.1.1. If you cancel more than 120 days before the date of commencement of the services then you will be entitled to a 75% refund;

· 5.1.2. If you cancel between 90 days and 120 days before the date of commencement of the services then you will be entitled to a 50% refund;

· 5.1.3. If you cancel between 60 days and less than 90 days before the date of commencement of the services then you will be entitled to a 25% refund;

· 5.1.4. If you cancel between 30 days and less than 60 days before the date of commencement of the service then you will be entitled to a 10% refund;

· 5.1.5. If you cancel less than 30 days before the commencement of the services then you will not be entitled to a refund and you will be required to pay the full amount due from you, unless you are a consumer and you change your mind in accordance with clause 4 above.

· 5.2. If you choose to cancel after performance of any part of the services has commenced then unless clause 4.5.3 applies you are not entitled to any refund.

· 5.3. You may defer performance of services provided that you give us at least 14 days’ notice from the date of your order. Please note that you will only be able to defer performance of the services once. Where you choose to defer the services then a charge of $49 plus any difference in price and other charges that may apply will be payable by you.

6. EFFECTS OF CANCELLATION

· 6.1. This clause 6 applies if you have exercised your right, as a consumer, to cancel the contract under clause 4 above.

· 6.2. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

· 6.3. We may make a deduction from the reimbursement for loss in value of any products supplied, if the loss is the result of unnecessary handling by you.

· 6.4. We will make the reimbursement without undue delay, and not later than:

· 6.4.1. 14 days after the day we received back from you any products supplied; or

· 6.4.2. (if earlier) 14 days after the day you provide evidence that you have returned the products; or

· 6.4.3. if there were no products supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

· 6.5. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

· 6.6. If you have received products:

· 6.6.1. you shall send back the products to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the products before the period of 14 days has expired.

· 6.6.2. you will have to bear the direct cost of returning the products.

· 6.6.3. you are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

7. DELIVERY

· 7.1. We use various mail delivery services to deliver our physical products.

· 7.2. If you order our products from outside the US:

· 7.2.1. you need to be satisfied that there are no restrictions on those products in your country;

· 7.2.2. In any event your order may be to import duties and taxes which are applied when the delivery reaches that destination, please note that we have no control over these charges and we cannot predict their amount;

· 7.2.3. you will be responsible for payment of any such import duties and taxes, please contact your local customs office for further information before placing your order; and

· 7.2.4. you must comply with all applicable laws and regulations of the country for which the Goods are destined, we will not be liable or responsible if you break any such law.

· 7.3. When we will provide the products:

· 7.3.1. If the products are goods, we will contact you with an estimated delivery date.

· 7.3.2. If the products are one-off services, we will begin the services on the date set out in the order.

· 7.3.3. If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.

· 7.3.4. If the products are ongoing services or a subscription to receive goods or digital content: We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 4 or we end the contract as described in Clause 7.5.2.

· 7.4. If something happens which:

· 7.4.1. is outside of our control; and

· 7.4.2. affects the estimated date of delivery;

· we will let you have a revised estimated date for delivery of the products.

· 7.5. Delivery of the products will take place when we deliver them to the address that you gave to us.

· 7.6. Unless you and we agree otherwise, if we cannot deliver your products within 30 days, we will:

· 7.6.1. let you know;

· 7.6.2. cancel your order; and

· 7.6.3. give you a refund.

· 7.7. If nobody is available to take delivery, please contact us using the contact details in Clause 2.

· 7.8. As a guide, we suggest you allow a period of two to four weeks for delivery but we cannot guarantee a particular time as actual delivery to international destinations is subject to factors like customs which are outside our control.

· 7.9. You are responsible for the products when delivery has taken place. In other words, the risk in the products passes to you when you take possession of the products.

8. PAYMENT

· 8.1. We accept the following methods of payment: Credit card payments vis Stripe.

· 8.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.

· 8.3. Your credit card or debit card will only be charged when the products are dispatched.

· 8.4. All payments by credit card or debit card need to be authorized by the relevant card issuer. We may also need to use extra security steps.

· 8.5. If your payment is not received by us and you have already received the products, you:

· 8.5.1. must pay for such products within 10 days; or

· 8.5.2. if it is possible to do so, must return them to us as soon as possible in the same condition that you received the products in.

· 8.6. Where you are acting as a consumer, nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 6.

· 8.7. The price of the products:

· 8.7.1. is in ($) US dollars;

· 8.7.2. includes VAT if applicable

· 8.7.3. does not include the cost of delivering the products (which will be as set out on the Site).

9. NATURE OF THE PRODUCTS

· 9.1. You have certain statutory rights, for example, the products:

· 9.1.1. are of satisfactory quality;

· 9.1.2. are fit for purpose;

· 9.1.3. match the description, sample or model.

· 9.2. We must provide you with products that comply with your legal rights. If however you are buying the products from outside the US we cannot confirm that the products comply with the laws, regulations or standards outside the US.

· 9.3. While we try to make sure that the colors of our products are displayed accurately on the Site your product may vary slightly from those images.

· 9.4. If we can’t supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:

· 9.4.1. we will let you know if we intend to do this but this may not always be possible; and

· 9.4.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

· 9.5. If you are not satisfied with your product and wish to return it you may do for a period of up to two months from the date of purchase. Any such products must be returned at your cost in the same condition as such product was received. Refunds will be made within 14-28 days to the credit or debit card that was used to make the purchase. If the purchasing card has expired in the meantime, you will need to supply us with the updated details in order for us to process your refund and this may have an impact on timing. This right to return undamaged products does not apply to digital products.

10. END OF THE CONTRACT

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. LIMIT ON OUR RESPONSIBILITY TO YOU

· 11.1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

· 11.1.1. losses that:

· – 11.1.1.1. were not foreseeable to you and us when the contract was formed; or

· – 11.1.1.2. that were not caused by any breach on our part;

· 11.1.2. business losses; and

· 11.1.3. losses to non-consumers.

12. DISPUTES

· 12.1. We will try to resolve any disputes with you quickly and efficiently.

· 12.2. If you are unhappy with:

· 12.2.1. the products;

· 12.2.2. our service to you; or

· 12.2.3. any other matter;

· please contact us as soon as possible.

· 12.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

· 12.3.1. let you know that we cannot settle the dispute with you; and

· 12.3.2. give you certain information required by law about our alternative dispute resolution procedure.

13. THIRD PARTY RIGHTS

No one other than a party to this contract has any right to enforce any term of this contract.