Terms and Conditions

Effective Date: 10/05/2024

Welcome to WellRecs! These Terms and Conditions ("Terms") govern your use of the WellRecs website ("Platform"), a directory that connects freelance dietitians, nutritionists, and businesses seeking nutrition-related services. By using our Platform, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Definitions

  • "Platform" refers to the WellRecs website and any associated services provided to users.
  • "Freelancer" refers to any individual registered on the Platform offering freelance dietitian or nutrition-related services.
  • "Client" refers to any business or individual using the Platform to search for, hire, or engage Freelancers for services.
  • "Services" refers to the work or projects provided by Freelancers to Clients through the Platform.
  • "User" refers to both Freelancers and Clients.

2. Acceptance of Terms

By accessing or using the WellRecs Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Platform.

3. Changes to Terms

WellRecs reserves the right to modify these Terms at any time. Any material changes will be communicated via email or posted on the Platform. Continued use of the Platform after such changes constitutes your acceptance of the new Terms.

4. Eligibility

To use the WellRecs Platform, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By registering, you warrant that you meet these requirements.

5. Account Creation and Security

  • Account Creation: You must create an account by providing accurate, complete information. Failure to provide accurate details may result in suspension or termination of your account.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. WellRecs is not liable for any unauthorized use of your account.
  • Termination: WellRecs reserves the right to suspend or terminate your account for any reason, including violation of these Terms.

6. Services Provided

  • Freelancer Profiles: Freelancers may create profiles to showcase their skills, experience, and services. Profiles must contain accurate and truthful information, including whether they are accepting new clients. Freelancers are responsible for delivering services as agreed upon with the Client.
  • Client Use: Clients can browse Freelancer profiles and contact Freelancers to offer work opportunities. Clients are responsible for hiring decisions and providing clear, detailed project requirements.
  • WellRecs Role: WellRecs provides a directory service and acts only as a facilitator between Freelancers and Clients. WellRecs is not responsible for the quality or legality of any services provided, nor does it employ Freelancers.

7. Payments, Fees, Refunds, and Cancellation

  • Freelancer Fees: Freelancers set their own rates for services provided on the Platform. Clients agree to pay Freelancers as per the terms mutually agreed upon.
  • Platform Fees: WellRecs may charge platform fees or subscription fees for certain features (e.g., premium profiles). Any fees will be disclosed upfront.
  • Refunds: WellRecs does not handle or issue refunds. Refunds must be requested directly between Clients and Freelancers. WellRecs may, at its discretion, mediate disputes but is not obligated to do so.
  • Cancellation: Both Clients and Freelancers may cancel a project, but any fees or penalties for cancellations should be agreed upon before project initiation. WellRecs does not assume responsibility for cancellations or payment disputes.

8. Freelancer and Client Responsibilities

  • Freelancer Obligations: Freelancers must provide accurate and up-to-date information in their profiles and deliver services in a timely, professional manner. Freelancers are solely responsible for ensuring the quality and completion of their work.
  • Client Obligations: Clients must clearly communicate project requirements and pay Freelancers promptly according to the agreed-upon terms.
  • Non-Compete Agreement: Freelancers agree not to solicit or engage with Clients found through the WellRecs Platform outside of the Platform without prior authorization from WellRecs.

9. User Conduct and Prohibited Activities

You agree not to:

  • Violate any laws or regulations.
  • Provide false or misleading information.
  • Engage in fraudulent or deceptive activities.
  • Post inappropriate or harmful content.
  • Interfere with the Platform's operations or attempt to access unauthorized data.

WellRecs reserves the right to investigate and take legal action against anyone violating these Terms, including suspension or termination of accounts.

10. Dispute Resolution

  • Freelancer-Client Disputes: WellRecs encourages Freelancers and Clients to resolve disputes independently. WellRecs may offer mediation for a fee but is not responsible for enforcing agreements.
  • Binding Arbitration: All legal disputes arising out of or relating to these Terms or the Platform will be resolved through binding arbitration under the rules of the American Arbitration Association. You waive the right to a trial by jury.

11. Data Privacy and Security

Your use of the Platform is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using WellRecs, you agree to the terms of the Privacy Policy.

12. Intellectual Property and Copyright

  • Ownership: WellRecs and its licensors own the intellectual property rights to the Platform and its content, excluding user-generated content. You may not copy, modify, or distribute any content from the Platform without written consent.
  • User-Generated Content: You retain ownership of the content you post but grant WellRecs a non-exclusive, royalty-free license to use, modify, and display the content on the Platform.
  • Copyright Infringement: If you believe your copyright has been infringed, please notify us in accordance with the Digital Millennium Copyright Act (DMCA).

13. Platform Downtime and Availability

WellRecs does not guarantee uninterrupted access to the Platform. There may be times when the Platform is unavailable due to maintenance or technical issues. WellRecs is not liable for any damages arising from such interruptions.

14. Limitation of Liability

To the fullest extent permitted by law, WellRecs and its affiliates are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform. WellRecs' total liability is limited to the amount of fees paid to WellRecs, if any.

15. Indemnification

You agree to indemnify and hold WellRecs harmless from any claims, liabilities, damages, or expenses (including legal fees) arising out of your use of the Platform, violation of these Terms, or infringement of any third-party rights.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of North Carolina, USA. Any disputes arising under these Terms will be resolved in the courts located in Charlotte, North Carolina, unless resolved through arbitration as stated above.

17. Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

18. Amendments and Updates

WellRecs reserves the right to amend these Terms at any time. Material changes will be communicated to users via email or through Platform notifications.

19. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at info@wellrecs.com.

By using the WellRecs Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Thank you for using WellRecs!