Terms of Service
theBespoke\\WellnessGroup – Revised and posted as of: January 1, 2023
PLEASE SCROLL DOWN AND READ THESE TERMS OF SERVICE BEFORE USING THIS WEBSITE OR ANY OTHER AFFILIATED GROUP OF COMPINES’ WEBSITE, APP, SERVICE, OR PRODUCT. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
theBespoke.group or Bespokewelllnessclub.com and other affiliated theBespoke websites (collectively, the “Website”) are digital services operated by theBespoke\\WellnessGroup (“theBespoke” “our,” or “we”). TheBespoke is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service (“Terms”) to govern your use of the Website as well as your use of or interaction with any other TheBespoke owned or operated digital service or channel, including without limitation our mobile site, mobile applications, digital membership products, print or online magazine subscription(s), events, and social media and other channels (e.g., TheBespoke’ profiles and Content on social media platforms; newsletters; emails) (“TheBespoke Channels”). We, along with our affiliates, partners, and advertisers, provide content and services to you via the Website and TheBespoke Channels subject to the following conditions. Your use of the Website and/or TheBespoke Channels tells us you have read and agreed to these Terms. Please read them carefully. These Terms are a binding contract between you and TheBespoke regarding your use of the Website and TheBespoke Channels, unless a different set of terms of service is set out on a specific site or channel, in which case these Terms will supplement the applicable set of terms of service. TheBespoke’ subscriptions, surveys, contests, and sweepstakes may have additional terms and conditions that supplement these terms, like TheBespoke’ Digital Terms of Sale. If you do not agree with any of these terms, please stop using the Website and cease use of any TheBespoke Channels.
The Website and TheBespoke Channels are not meant for or targeted to anyone under the age of 16, and you must be at least 16 years of age or over to use the Website or TheBespoke Channels. Your parent or guardian must review and accept these Terms on your behalf if you are below the age of consent under your location’s applicable law.
To learn how TheBespoke collects, processes, and shares personal information, please consult TheBespoke’ Privacy Statement.
THE CONTENT
1.1
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or TheBespoke Channels, including for example, advertising, directories, lists, guides, articles, opinions, reviews, text, photographs, images, illustrations, graphics, audio, video, html, source and object code, software, data, and all the selection and arrangement of the aforementioned and the “look and feel” of this Website and TheBespoke Channels (collectively, the “Content”), are protected under applicable copyrights and other proprietary rights and are the intellectual property of TheBespoke and its affiliated companies, licensors and suppliers. TheBespoke actively protects its rights to the Content to the fullest extent of the law. You may not use the Content except as expressly provided in these Terms.
1.2
The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by TheBespoke and its affiliated companies, and Marks owned by other information providers and third parties. For example, “TheBespoke\\WellnessGroup is a registered trademark of TheBespoke. No Marks may be used in any manner unless approved in advance, in writing by TheBespoke.
1.3
You may use the Website, TheBespoke Channels, and Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content, where permitted, for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted without securing the prior written consent of TheBespoke.
1.4
Requests to use the Content for any purpose other than as permitted in this Section 1 should be submitted as directed on the Website or TheBespoke Channels, as applicable.
1.5
TheBespoke respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated copyright agent, in writing, either by email at contactbespoke@bespokewellness.group
PROHIBITED USES OF WEBSITE AND THEBESPOKE CHANNELS
2.1
By accessing or using the Website and/or TheBespoke Channels, including any Content, you agree to use them only as expressly permitted by these Terms. Unless you have TheBespoke’ prior written permission, you shall not:
Alter, copy, rearrange, broadcast, rewrite, redistribute, transfer, sell, republish, modify, use for broadcast or publication in any medium, directly or indirectly, any TheBespoke intellectual property, Content or any other part of the Website or TheBespoke Channels;
Remove, suppress, or alter the display of advertising, except where applicable law expressly grants such rights;
Frame or utilize framing techniques that involve any trademark, logo, copyrighted material, or other proprietary information (including images, text, page layouts, or forms) of any portion of the Website or TheBespoke Channels;
Archive, cache, store, or incorporate into a database any Content or any other part of the Website or TheBespoke Channels;
Decompile, reverse engineer, decrypt, disassemble, or circumvent any aspect of the Website or TheBespoke Channels;
Insert or introduce any malicious or otherwise unauthorized code, device, or means, or take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
Use any data mining, robot, spider, cancelbot, Trojan horse, or any data gathering, scraping, indexing, or extraction method on any part of the Website or TheBespoke Channels;
Use the Website or TheBespoke Channels in a manner that violates applicable laws or regulations or violates the rights of a third party; or
Violate any of these Terms, including without limitation the Posting Rules below.
ACCOUNT REGISTRATION
3.1
Certain areas of the Website or TheBespoke Channels may require account registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website or TheBespoke Channels. When you register or become a member of the Website or TheBespoke Channels or provide information to the Website or TheBespoke Channels in any other manner, you agree to provide only true, accurate, current, and complete information. Using a name other than your own legal name or otherwise impersonating another person is prohibited. You agree that TheBespoke may use the information you provide to us according to its Privacy Statement.
3.2
If you create an account with the Website or TheBespoke Channels, you agree to accept responsibility for all activities that occur under your account or password and agree that you will not sell, transfer, or assign your account or any account rights. Each registration or account is for a single user only. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website or TheBespoke Channels using your credentials. TheBespoke reserves the right to terminate your account and/or deny access to the Website or TheBespoke Channels to any person TheBespoke suspects has violated or is violating these Terms.
OTHER INFORMATION CONTENT PROVIDERS
4.1
The Website and TheBespoke Channels may distribute content supplied by other information content providers such as non-staff contributors and commenters. We use these providers to enhance your experience on the Website and TheBespoke Channels. TheBespoke, the Website, and TheBespoke Channels are not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by TheBespoke.
TheBespoke is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors, or omissions in such Content. Given the volume of information posted by such providers, the Website cannot and does not monitor all of the information posted to the Website or TheBespoke Channels and assumes no duty to monitor the Website or TheBespoke Channels for inappropriate or inaccurate Content. Neither TheBespoke nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, TheBespoke reserves the right to remove information provided by other information content providers at any time in its sole discretion.
WEBSITE SECURITY RULES
7.1
You are prohibited from violating or attempting to violate the security of the Website or TheBespoke Channels, including without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization, (c) attempting to interfere with any service to any user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “mailbombing,” or “crashing,” (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting, or (d) scraping or otherwise collecting data or information through automated means. Violations of system or network security may result in civil or criminal liability. TheBespoke will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
THIRD PARTIES
8.1
Your dealings or communications through the Website and TheBespoke Channels with any party other than TheBespoke are solely between you and that third party. For example, certain areas of the Website and TheBespoke Channels may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will TheBespoke be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
8.2
TheBespoke may sometimes engage in affiliate marketing, embedding affiliate links into certain pages of our Website or TheBespoke Channels. TheBespoke will provide notice when it embeds such affiliate links. Clicking on or purchasing products or services through affiliate links may result in TheBespoke earning a commission. Any purchase you make through an affiliate link is made directly with those third parties, not TheBespoke, and these third parties often have their own terms and conditions and privacy statements, which TheBespoke encourages you to review. TheBespoke is not responsible for evaluating any offer made by these third parties; TheBespoke makes no warranty about these third parties or offerings; and TheBespoke does not assume any liability for any act, omission, product, or service of these third parties.
SOFTWARE AVAILABLE ON THIS WEBSITE
9.1
Any software that is made available to download from the Website or TheBespoke Channels (“Software”) is the copyrighted work of TheBespoke’ suppliers, such as MYWELLNESSFILE (our electronic patient health records file) unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement’s terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
INTERNATIONAL USERS
10.1
The Website and certain TheBespoke Channels are controlled, operated, and administered by TheBespoke from its offices within the Canada. TheBespoke makes no representation that materials or Content available through the Website or TheBespoke Channels are appropriate or available for use outside the Canada, and access to them from territories where their contents are illegal is prohibited. You may not use the Website or TheBespoke Channels or export the Content in violation of Canadian export laws and regulations. If you access the Website or TheBespoke Channels from a location outside of Canada, you are responsible for compliance with all local laws.
E-MAIL ADDRESSES
11.1
You hereby acknowledge and agree that any notice or disclosure TheBespoke sends to the email address you provide to us satisfies any requirement that such notice, disclosure, or communication be provided in writing.
MODIFICATION
12.1
TheBespoke shall have the right, at its discretion, to change, modify, add, or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website or TheBespoke Channels shall constitute your acceptance of any changes. TheBespoke shall have the right at any time to change or discontinue any aspect of the Website or TheBespoke Channels, including, but not limited to, the community areas, Content, hours of availability, and equipment needed for access to use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting, and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications, or deletions. TheBespoke may also restrict your access to certain portions of the Website or TheBespoke Channels for any reason and without providing any notice. TheBespoke may at any time charge a fee or require a subscription to access portions of the Website or TheBespoke Channels.
DISCLAIMER
13.1
YOUR USE OF THE WEBSITE, THEBESPOKE CHANNELS, AND ITS CONTENTS IS AT YOUR OWN RISK. ALL MATERIALS AND SERVICES ON THE WEBSITE, THEBESPOKE CHANNELS, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THEBESPOKE IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE OR THEBESPOKE CHANNELS. BECAUSE THEBESPOKE HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THEBESPOKE IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT THEBESPOKE DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THEBESPOKE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON THE WEBSITE OR THEBESPOKE CHANNELS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE AND THEBESPOKE CHANNELS. THEBESPOKE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE OR THEBESPOKE CHANNELS AT ANY TIME INCLUDING CHANGES TO THESE TERMS. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. THEBESPOKE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. THEBESPOKE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. THEBESPOKE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR THEBESPOKE CHANNELS, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE OR THEBESPOKE CHANNELS AND/OR THE CONTENT CONTAINED THEREIN. THEBESPOKE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT. NO CONTENT OR PART OF THE WEBSITE OR THEBESPOKE CHANNELS SHOULD BE RELIED ON AS A REPLACEMENT OR SUBSTITUTE FOR OR BE CONSTRUED TO BE FINANCIAL, MEDICAL, TAX, OR LEGAL ADVICE. THEBESPOKE IS NOT AN INVESTMENT ADVISOR, REGISTERED BROKER-DEALER, OR EXCHANGE, AND NOTHING IN THE WEBSITE OR OTHER CHANNELS SHOULD BE CONSTRUED AS INVESTMENT ADVICE, RESEARCH OR INVESTMENT ADVISORY SERVICES. NO PART OF THE WEBSITE OR THEBESPOKE CHANNELS CONSTITUTES A SOLICITATION, OFFER, OPINION, ENDORSEMENT, OR RECOMMENDATION BY THEBESPOKE TO BUY OR SELL ANY SECURITY OR ANY SERVICE REGARDING THE PROFITABILITY OR SUITABILITY OF ANY SECURITY OR INVESTMENT.
GENERAL
14.1
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website and TheBespoke Channels; provided, however, that in the event of a conflict between such other terms and the terms of these Terms, the terms of these Terms shall control except where expressly stated otherwise. Notwithstanding the previous sentence, nothing contained in these Terms shall take precedent over TheBespoke’ Privacy Statement 14.2 If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of TheBespoke to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to TheBespoke, and all other provisions for which survival is equitable or appropriate. TheBespoke may assign its rights and duties under these Terms to any party at any time without notice to you.