My Lifewell- Terms of Service

Welcome to the Mylifewell website (the “Website”). Mylifewell is the affiliate dba of DC Wellness, Inc. This Website is provided solely to assist users in gathering wellness travel information, determining the availability of wellness travel related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers and for no other reasons. The terms “we”, “us”, “our”, and “Mylifewell” refer to Mylifewell. The term “you” or “customer” refers to the customer visiting or using the Website and/or booking a reservation through us on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”).  These terms and conditions are valid for all Mylifewell bookings, and are subject to change. The most current terms and conditions at the time of your departure will apply. By using any part of our website or sharing your personal information with us, you are accepting and consenting to the practices described in our Privacy Policy. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents.

USE OF THE WEBSITE

You may only use and register to become a user of Our Website if you are over the age of eighteen (18) and can enter into binding contracts. If you become a registered user or make a booking resulting in the creation of an account, you are responsible for maintaining the confidentiality of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries or booking information. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. Furthermore, you also confirm that the traveler is not an unaccompanied minor. All information that you provide to us must be accurate and up-to-date. It is your sole responsibility to inform us immediately of any changes to your account information. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you are solely responsible to promptly change any and all of your Personal information that is affected.

If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. We will also not be liable for any additional data or other charges imposed by your cellular carrier. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorized access to your information or account.

You may only use Our Website to search for legitimate travel opportunities; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.

DISPUTES

Mylifewell is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in below.

GOVERNING LAW: SUBMISSION TO JURISDICTION

These Terms & Conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Michigan, exclusive of conflict or choice of law rules. You agree that unless otherwise mutually agreed by the parties in writing or as otherwise, any Claims shall be brought in a court located in the State of Michigan. Unless otherwise prohibited by applicable law, any Claim must be brought within one (1) years from the date on which such Claim arose or accrued.

PRIVACY POLICY

Mylifewell believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and, is incorporated by reference.

SUPPLIER RULES AND RESTRICTIONS

Our Website is a travel search engine. Mylifewell does not provide, own, or control any of the travel services and products that you can access through the Website, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) either directly (e.g., airline) or as an agent (e.g., online travel agency). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through the Website is at your own risk; Mylifewell does not bear any responsibility should anything go wrong with your booking or during your travel.

The display on the Website of a Travel Product or Travel Provider does not—in any way—imply, suggest, or constitute a recommendation by Mylifewell of that Travel Product or Travel Provider, or any sponsorship or approval of Mylifewell by such Travel Provider, or any affiliation between such Travel Provider and Mylifewell.

Mylifewell hosts content, including prices, made available by or obtained from Travel Providers. Mylifewell is in no way responsible for the accuracy, timeliness or completeness of such content. Since Mylifewell has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on the Website. Prices change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Conversion rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

If you make a booking through the Website for Travel Products, that booking is made with the Travel Provider named on the booking page and the Website only acts as a user interface. Accordingly, Mylifewell has no responsibility for the booking or the Travel Product because Mylifewell has no involvement in creating the description of the Travel Product, in defining the price and any fees, or in providing the Travel Products that you book. If you have any issues or disputes with your booking and/or the Travel Product, you agree to address and resolve these with the Travel Provider and not with us.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Mylifewell is not liable for any costs incurred due to hotel relocation.

PAYMENT, BANK, AND CREDIT CARD FEES

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Mylifewell may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

TAXES AND FEES

You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The accommodation suppliers invoice us for certain charges, including, where appropriate, tax amounts. The accommodation suppliers are responsible for remitting the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on Prepaid Bookings represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that we pay to the accommodation supplier for taxes due on the rental of the room. Taxability and the appropriate tax rate vary depending on the location. The actual tax amounts paid by us to the accommodation suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Hotel Reservation.

You acknowledge that we provide you services to facilitate the booking of your travel for a consideration. We retain our service fees as compensation for servicing your Booking. Our service fees vary based on the amount and type of booking.

You acknowledge that authorities in certain countries may impose additional sales, use and/or local hotel occupancy taxes (e.g., a tourist tax), which have to be paid locally. You are solely responsible for paying such additional taxes.

Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

BOOKING CANCELLATION

You may cancel or change your booking, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the supplier. If you do not cancel or change your reservation before the cancellation policy period applicable to the supplier, you will be subject to cancellation charges as outlined by that supplier in their terms and conditions. In the event of a hotel reservation for which you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the supplier. You agree to abide by the Terms of Use imposed with respect to your booking.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Mylifewell for your hotel booking.

INTERNATIONAL TRAVEL

By offering reservations for travel in particular international destinations, Mylifewell does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to be aware of travel warnings and advisories as announced by the U.S. State Department. Should you choose to travel to a country that has been issued a travel warning or advisory, Mylifewell will not be liable for damages or losses that result from travel to such destinations.

You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.

For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. Mylifewell bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection: Most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture, or environment. While this is not a common practice, we want you to be aware that it is a possibility. This process includes the following: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information you can visit the U.S. Department of transportation website at: https://www.transportation.gov/airconsumer/spray.

LIABILITY DISCLAIMER

The information and offers contained on the site (including text, graphics, links or other material) are provided on an “as is,” and “where available” basis. Mylifewell makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose, including but not limited to warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, with respect to the site or any related materials, products, services, or information.

Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by Mylifewell. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits , lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Mylifewell (whether through this site or call center), even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one-hundred and eighty (180) days from the date on which such claim or action arose or accrued or purchase was completed.

Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the site shall be at your own risk.

The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Mylifewell. Mylifewell is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Mylifewell has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

INDEMNIFICATION

You agree to defend and indemnify Mylifewell and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• your breach of these Terms or the documents referenced herein;
• your violation of any law or the rights of a third party; or
• your use of our Platform.

LINKS TO THIRD-PARTY SITES

Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by Mylifewell of the content of such linked websites or third-party services. Mylifewell has no control of the content of any linked website and is not responsible for these websites or their content or availability. Mylifewell makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Mylifewell accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.

Intellectual Property

We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website. By using Our Website, you hereby agree that you will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non Mylifewell product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

Content on Our Website

The “Content” on our website is the copyrighted work of Mylifewell and/or our respective suppliers. “Content” includes, but is not limited to, all materials, information, text, graphics, images, logos, photographs, illustrations, audio clips, video clips, and audio-visual material available on the Website. You may not modify, publish, copy, transmit, transfer, sell, reproduce, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, display or in any way commercially exploit any of the content; provided, however, you may download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Prohibited Activities

The content and information on Our Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through Our Website, you agree not to do any of the following without Our express permission:

• modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
• use this Website or its contents for any commercial purpose;
• access the Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Mylifewell pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep—link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
• use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
• “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
• post or distribute any material on Our Website that violates the rights of any third party or applicable law;
• use Our Website to collect or store personal data about others whether through data mining or any other means;
• use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
• use any data mining methods whatsoever and for any purposes whatever.

If your booking or account shows signs of fraud, abuse, or suspicious activity, Mylifewell, in our sole and absolute discretion, may cancel any travel or service reservations associated with your name, email address, or account, and close any associated Mylifewell accounts. If you have conducted any fraudulent activity, Mylifewell reserves the right to take any necessary legal action and you may be liable for monetary losses to Mylifewell, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Mylifewell Customer Service.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

The websites and services contain reviews, travel guides, or other forums in which you can post content. If you use said interactive areas on the websites, you are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.

When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible form and electronically) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.

You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content or your account at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.

ACCOUNT TERMINATION

We reserve the right, in our sole discretion, and without liability, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

• A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail 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.

Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:

Mylifewell : info@mylifewell.com

We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

General

Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.

If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.

Entire Agreement; Severability

This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Website. If any provision of these Terms shall be unlawful, void(0), or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.