We, at Wearable HealingArts®, are here trying to help to the fullest of our capability, and whilst the legalistic terms can sound daunting, you will find us to be a capable and amenable organization to work with.
Name & Registered Office:
Wearable Healing Arts Incorporated
1376 Augusta National Blvd.,
Winter Springs, FL 32708
1376 Augusta National Blvd.,
Winter Springs, FL 32708
Employer Identification No. 88-1290954 as
Registered in the State of Florida
The website provides access to a number of services that may be used in accordance with these terms. The Service includes, but is not limited to:
- The ability to order products of images that have been transferred or uploaded to the website of WHA.
These terms or User Agreement govern the relationship between you and us. This website (and the services provided through the website) can only be used if you agree to these terms. You may only use the website in accordance with these terms. Only persons aged sixteen years or over may agree to these terms and use the website or the services offered through the website.
We may modify these terms at any time. Wearable HealingArts® reserves the right, at its discretion, to modify this Agreement, fees, charges, terms or any site content at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified. The modified terms will come into effect as soon as they are posted on the website. The use of the website or any services provided through the website after that point will be subject to the modified terms. Your provision of any payment details deem that the terms are accepted by you, the buyer.
Conditions of Order
Wearable HealingArts® allows you to access products offered through your WHA website access. However, please note that:
- Designs, Images and Content
- You may not submit, transfer or upload digital designs, images, pictures, data, text, photographs, graphics, messages, or other material (the “Content”) to the website yourself or store a copy with license to work with it.
- WHA retains all intellectual property rights, including copyright, to the content that WHA has uploaded to the website or emailed to you. We may delete, remove or refuse to display any at our sole discretion.
- Images uploaded by us are then turned into a custom product (subject to the restrictions in these terms) to be made available for viewing to users of this site for display in our gallery only through WHA’s expressed permission.
- We may display, modify, print, transmit, distribute or delete any of the images presented on the WHA site as is necessary in order to provide any of the services offered by us via the website or is otherwise allowed by these terms.
- We may without notice and at our sole discretion delete or remove any content that has been uploaded, emailed or submitted for sale offering in breach of these terms. We may refuse to provide any further services to anyone who breaches these terms. You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this website in breach of these terms, any claim that the down-loading or emailing of any content by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights. Any claim that the processing, printing or other dealing with by us, in accordance with these terms, of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights.
- It is a condition of allowing you to access the WHA website and any services offered through it, that you have the right to copy, upload or otherwise deal with content in relation to the website and to allow us to process and otherwise deal with the content in accordance with these terms. You may not upload, email to us, request us to print or otherwise deal in relation to the website with any content submitted, or to allow us to use such content or other material in accordance with these terms. For example, you may not take content from another website or other publication and ask WHA to do anything with them.
- You are not allowed to upload, email to us or order products of any content which contains pornographic, obscene, indecent or offensive material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or that may incite hatred or violence against any person or group, blasphemous material, defamatory or otherwise actionable material, images of any criminal act, material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party, material that breaches any applicable laws or legislation. We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the website (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant content or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
- WHA shall ensure its content does not infringe anyone’s privacy or data protection rights; in particular, as we must ensure we have the right to depict any person who appears in an Image that we had uploaded to the Site and to authorize the subsequent use of it; misrepresent the User's identity in any way or impersonate any person; including any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person; harass, upset, embarrass, alarm or annoy any person.
- Although we prohibit the upload of images from any other user or other user’s content which infringes our content rules, we cannot control and monitor or pre-screen the use of our site. We may without notice delete any image or other user content which appears to breach our content rules or prevent any user of services (including purchase of products) which includes any such image or user content.
- Confirmation of order
- You are responsible for ensuring all details submitted at time of checkout is accurate and complete, in order for us to provide the Service you require. These details include, but are not limited to: name, address, contact telephone number, mobile number, email address, payment details, product size and specifications and any content uploaded.
- Once you have placed an order for any goods or services via this website using the Service, the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
- The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
- We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the products had been dispatched.
- Pricing and discounts
- We set prices and display these prices on the website. Shipping costs are shown separately. We may at times, change our price at our sole discretion, changes will be reflected on the website.
- Any changes to your order may incur additional fees and we will contact you either via email or phone to arrange payment.
- Offer codes may be published from time to time as part of a promotion. Offer codes may provide a free item or a discount on part of an order.
- Offer codes can only be used for online orders placed through this website. A maximum of one offer code can be used per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so, will be published with the relevant offer code.
- Changes to your order/Cancellations
- Within 30 minutes: we wait 30 minutes after you place your order before we start production. Within these 30 minutes you are welcome to contact us via direct phone if you wish to edit your order or if you change your mind. Our friendly customer service team will be more than happy to help and can offer a full refund if you decide to cancel. If at any point within these 30 minutes you proceed with your order by using the "Check Design" function in your account this will be confirmation that you are happy with production to go ahead. From the point you click "Proceed", edits, changes, or cancellations are not possible any longer and we cannot provide any refund.
- After 30 minutes: we handmake every product and personalize it to order, so as soon as we start production of your bespoke items, we have already invested into the ink, transfer paper, materials, and the workforce time specifically for your order. Due to this it is sadly too late to make any changes to your order or to edit your design. If you still wish to cancel after 30 minutes of placing an order, a mandatory 25% charge will incur.
- We may contact you via email or phone to inquire, make changes to or confirm your product order before we proceed with production of your order. If you do not respond to our questions, this may cause delay to your order. If we contact you with questions about your order it is because we deem it necessary in order to provide the Service. We are not obliged to contact you about your order during production.
- Please note that we are sorry we cannot retrospectively add any discount or promo code. It has to be done automatically or not at all. If you have forgotten to add a promotional discount to your order we will not be able to add this afterwards.
- Production of products
- Production times serve as an estimated timeline and do not warrant that the products will be produced and shipped by a specific date. We will do our best to meet this timeline.
- All Product Sizes are expected to be accurate, but due to the nature of making customized products by hand and one by one, there will be marginal size differences in the finished item to the sizes quoted on this website.
- Occasionally we may, at our sole discretion, substitute materials and adjust the product design to accommodate production considerations in relation to supply or stock shortages.
- All Promotional Images of our products are good likenesses for what we produce. We do not warrant that the final item will be exactly as per the images contained in this website. There are often improvements made to products that are not visible in the promotional photographs.
- To maintain continuity of the Service we reserve the right to use alternative materials in production, to those stated on the website.
- For full information and terms see our delivery information.
- Delivery Times are stated in good faith. Wherever a delivery time is stated, it serves as a guide timeline and we do not warrant that the products will be with you on a specific date. We will do our best to meet these timelines. Over 96% of our products are delivered inside our quoted timelines.
- Shipping to anywhere worldwide may attract local customs and duty charges, which are beyond our control and are based on the customs laws of the receiving area. We are not obliged to indemnify such costs should they arise, and they will become a matter for the recipient.
- We have different rules for the cancellation and return of your purchase dependent on if it is a personalized or non-personalized product. Please see below.
- You have the right to cancel your contract for the purchase of any product, if you notify us of the cancellation no longer than 14 days after the day following the day on which the product is delivered. You must return the unused product to us within 14 days of notifying us of the cancellation, and you must pay for the return of the unused product to our nominated address.
- For all products ordered from our site we allow a 30-minute period in which you can either amend or cancel your order.
- This 30 minutes begins from when you receive your confirmation email or when you see the order summary “Thank you, your order is confirmed” on your screen. After this time period your order will enter our production workflow and cannot be changed.
- In the unlikely event of a manufacturing fault, it will be repaired or replaced free of charge.
- Manufacturer faults cover scratches on the product, stitching issues and hemming issues. We, the manufacturer, will decide what falls under manufacturer faults.
- All orders made through wholesale accounts are regarded as Business to Business contracts and are not covered by Consumer rights act as wholesale accounts are regarded as businesses. Businesses cannot expect a legal remedy in respect to Fair wear and tear, misuse or accidental damage, or if they decide that they no longer want the item.
- We may, at our discretion, look into other solutions.
- For more information see our returns policy.
- Complaints or claims must be notified to us within fourteen days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive.
- We may terminate your order without notice at our sole discretion. We will refund any money due in such a circumstance.
- WHA may discontinue its service or terminate the agreement at WHA’s sole discretion and you accept WHA shall not be liable for any incumbent orders, legacy investments (for example PR or photo shoots, retail orders), or brand equity enjoyed until the termination. WHA may at its sole discretion provide a bridge to remedy any final measures as a gesture of goodwill only.
- Use of Services
- You may access any part of the website that is not password protected. Access to some parts of the site is only available if you have a valid password.
- You may not access these areas without a valid password.
- You must keep your password secure at all times.
- You will be responsible for any damage caused by unauthorized access resulting from your failure to keep your password secure.
- We may revoke your access at any time, without warning, at our sole discretion.
- Illegal use and harm to our system
- You may not use the Service to break the law. You agree that that you will not use the Service to violate any laws set out under English or American Law.
- You agree not to interfere with or attempt to disrupt the Service by distributing a virus or harmful code into our platforms or other programs.
- Reproduction of site content
- You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the website.
- You are not allowed to use the website (or to copy or use any material from the website) for any commercial purpose other than to conduct a commercial transaction with WHA.
- You are not allowed to remove any copyright, trademark or any other intellectual property notices contained in the original material from any material copied or printed off from the website.
- Operation of website
- We may change the format and content of the website (or any products or services offered by this website) at any time.
- We may terminate or suspend the operation of this website (or terminate or suspend the provision of any products or services offered via this website) for support or maintenance work, in order to update the website content or for any other reason. We may do this at any time and without notice.
- You are advised to keep backups of all material provided to us. It is up to you to keep backup copies of images uploaded by you or emailed to us.
- We will not be responsible for keeping backups or for loss of, deletion, or corruption of any images or any other material.
- Data protection
- Feedback and Testimonials: Publication of all feedback, testimonials, and letters is subject to our terms for submission of works to us (past and present). If your written feedback is used, all current and future rights that exist in your feedback will be retained by you, and we and those authorized by us shall have the irrevocable, assignable right to exercise all such rights in any publication or service and in any current or future media worldwide. We may shorten or edit your feedback, allowing only abbreviated personal info for publication.
- WHA Affiliate Program
- The following terms and conditions (the "Agreement") set out the legally binding terms of your participation in the WHA Affiliate Program (the "Program"). The Program is owned and operated by Wearable HealingArts® ("WHA").
- The Program is offered subject to your (the "User" or "you") acceptance of any of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published occasionally on the WHA Affiliate websites (the "Site") set by WHA. If you do not agree with this Agreement, do not use the Program.
You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. By agreeing to the terms and conditions of this Agreement, or by continuing to participate in the Program following our posting of a change notice, revised Agreement, or revised operational documentation, you:
(a) agree to be bound by this Agreement;
(b) acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement; and
(c) hereby represent and warrant that you are lawfully able to enter into contracts (e.g.: you are not minor or have the approval from your legal guardian) and that you are and will remain in compliance with this Agreement.
- In addition, if this Agreement is being agreed to by a company or other legal entity, then the person agreeing to this Agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bring that company or entity to this Agreement.
- Description of the Program
- The purpose of the Program is to permit you to promote WHA Products on your site by referring your customers to the WHA website for sale in order to earn commissions for Qualifying Purchases made by your end users. A “Product” is any item sold on WHA’s website.
- In order to facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content").
- Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the WHA designated Site.
- To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application.
We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include (but not limited) those that:
(a) promote or contain sexually explicit materials;
(b) promote violence or contain violent materials;
(c) promote or contain libelous or defamatory materials;
(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) promote or undertake illegal activities;
(f) otherwise violate intellectual property rights.
- If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Agreement at any time in our sole discretion.
- You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date.
- We may send notifications (if any), approvals (if any), and other communications relating to the Program and this Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
- WHA reserves the right, at its discretion, to change, modify, suspend or discontinue this Agreement, Program, fees, charges, and terms at any time, including the availability of any feature, or content.
- WHA may also impose limits on certain features or restrict the User's access to parts or all of the Program without notice or liability. The User shall be responsible for reviewing and becoming familiar with any such modifications.
- Use of the Program by the User following such notification constitutes the User's acceptance of the terms and conditions of changes as modified.
- Affiliate Partner Registration Number (PRN)
- You will be issued a unique PRN once you become an approved User of the Program which will be unique to you only and will allow you to be paid for affiliate referrals.
- You can present that PRN on your website, emails, blogs, social network advertising, or similar campaigns from an account or platform that is registered in your name or which you are authorized to use.
- You expressly agree that WHA's name, trademark, logo or any other identifying material placed by you will appear only in the form and according to technical specification supplied by WHA.
- WHA, at its sole discretion, may change your PRN.
- When an affiliate PRN is utilized as recorded in the transaction record of any sales, the PRN is also saved in the browser's cache for 90 days. Customers need to sign up or place an order during this time to be linked with your affiliate account.
- You will earn commission on every order that is placed which includes in its transaction record the PRN. WHA will not be responsible for commissions missed due to the PRN not filed or blocked or in any other way failing to track the customer from the PRN.
- Affiliates will earn commission fees only with respect to activity on WHA’s sites occurring directly through the registration of the PRN that will appear on their website.
- WHA is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time and reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
- Payment of commission
- There is no minimum commission balance threshold for the purpose of this Agreement.
- After order is Dispatched and Settlement Period is over, Affiliates can see the earned commission. This will be paid monthly, after the Settlement Period is over.
- If the order is canceled or refunded before/during the Settlement Period, there will be no commission due. Affiliates will not earn any commission if fully refunded. If partially refunded, the commission will be calculated on the remainder of the order amount.
- There will be no effect on commission if it is ‘Allocated’. Affiliates will keep the commission if the order is refunded after the Settlement Period.
- WHA will not pay commission for products that an Affiliate purchases for itself through the URL. The WHA’s system will simply not recognize this as an Affiliate sale.
- The rates of commission payable to the Affiliate shall be published on the site. This may be amended or varied by WHA at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amendment is published on the site.
- The Affiliate may use the PRN for the sole purpose of promoting WHA and referring prospective customers to the Site.
Except to the extent permitted by applicable law, the Affiliate shall not:
(a) send unauthorized (unsolicited commercial) emails or use any illegal method of advertising to promote the WHA’s products that include the PRN, and the Affiliate shall be solely liable for any such unauthorized communications (all marketing practices must comply with all applicable laws and regulations);
(b) display the PRN in any way that in WHA's discretion disparages or creates a derogatory or negative image of WHA;
(c) make any false or misleading representations relating to WHA, or engage in any other practices that could harm the reputation of WHA; or
(d) display the PRN or any content in a manner that contains or promotes
(i) illegal activities or
(ii) content that is misleading, deceptive, or violates any third-party intellectual property, privacy or other rights of any kind.
- You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury, the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom.
- You also agree that you will not promote WHA in and refer prospective customers to the Site from countries or territories that are the target of comprehensive embargoes or sanctions or parties on the sanctions-related lists referenced above.
- You must not use any misleading or deceptive claims in advertising copy.
- You are solely responsible for following all federal, state and local laws, regulations and rules regarding advertising claims. You must adhere to all the editorial guidelines and search advertising terms and conditions set forth by each search engine (Google, Yahoo, Bing and other), including any updates to those terms in the future. Where search engine guidelines and this Agreement conflict, you must follow this Agreement.
- When creating ads, videos, or other online content that publishes WHA product your Affiliate websites or social media channels, or targeted email campaigns, WHA’s brand image needs to be kept in mind. Sites where you advertise cannot be associated with content that is vulgar, racist, sexual, or otherwise deemed offensive by WHA. You must remove all ads and videos from websites deemed offensive within 24 hours of being notified by WHA.
- The WHA logo cannot be altered or changed. You are prohibited from creating groups or specific web pages in social communities to publicize WHA offers.
- Affiliates can engage in search engine optimization and pay per click activities but this needs to follow the common advertising practices guidelines.
- Term and termination
- The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
- Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove all links to the Site, and all WHA’s trademarks and logos, other marks and all other materials provided in connection with the Program.
- You release WHA (and its staff, directors, agents, venture partners, associates or other officers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- You agree that WHA shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
- If you use any of our trademarks in reference to our services and/or products, you must include a statement attributing that trademark to us.
You must not use any of our trademarks
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services that are not ours;
(c) in a manner that may be confusing, misleading, or deceptive;
(d) or in a manner that disparages WHA or its information, products or services (including the Site).
WHA, its staff, directors, agents, venture partners, associates or other officers must be held protected from any claim or demands made by any third party caused by or arising from your breach of this agreement. You will indemnify WHA for any demands or claim including reasonable legal fees arising from such a claim for your violation of law or any rights of a third party.
Law and jurisdiction
We are reasonable and fair in our approach and should we find ourselves in dispute, we will try discussion and dialogue at first consideration for a speedy resolution. Beyond that, we will try arbitration and alternative dispute resolution procedures. If all reasonable resolution ideas are exhausted within a reasonable time frame, then these terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with Florida law for which you and WHA seek for jurisdiction. In the event of any dispute arising in relation to these terms or in relation to the provision of any goods and services by us, the Florida courts will have exclusive jurisdiction over such dispute.
This agreement does not form an agency, joint venture, employer and employee status, franchiser and franchisee relationship or legal partnership. This agreement may be assigned or transferred at any time by WHA.
WHA may discontinue its service or terminate the agreement atWHA’s sole discretion and you accept WHA shall not be liable for any incumbent orders, legacy investments (for example PR or photo shoots, retail orders), or brand equity enjoyed until the termination. WHA may at its sole discretion provide a bridge to remedy any final measures as a gesture of goodwill only.