User Agreement
FREWELL-SS USER AGREEMENT
A. PARTIES
This User Agreement and its annexes have been electronically executed and come into effect simultaneously between Frewell-ss (hereinafter referred to as 'COMPANY') and the CUSTOMER who approves and accepts this agreement and its annexes to become a CUSTOMER of the website operated and serviced by the COMPANY.
B. CORPORATE INFORMATION
TRADE NAME: NM WEB DESIGN
TRADE REGISTRATION NUMBER:
HEAD OFFICE ADDRESS: 4000 Barranca Pkwy Irvine CA 92604
CONTACT NUMBER: +4136346388
EMAIL ADDRESS: info@frewell-ss.com
C. SUBJECT
The subject of this agreement is the purchase of services and/or products by COMPANY customers through the website frewell-ss.com by creating an account on the website.
D. DEFINITIONS
1. FREWELL-SS: Refers to all products and/or services offered through the website www.frewell-ss.com.
2. WEBSITE: Refers to the website www.frewell-ss.com and/or other websites operated by the COMPANY.
3. COMPANY: Refers to the entity that sells and/or provides products and/or services through the website www.frewell-ss.com.
4. CUSTOMER: Refers to the real and/or legal person who approves and accepts this agreement and its annexes physically or electronically to benefit from the website operated and/or serviced by the COMPANY.
5. CUSTOMER ACCOUNT: Refers to the account exclusive to the CUSTOMER, which is accessed with a username and password assigned to them, where they perform the necessary tasks to benefit from the services within the website, update and change their personal and contact information, and perform financial transactions related to the services they benefit from.
6. CAMPAIGN TYPES: Refers to the campaigns determined by the COMPANY according to the methods and principles of benefiting from the services on the website and/or chosen and purchased or participated by the CUSTOMER.
7. SERVICES: Refers to all paid and/or free services related to quantum metaphysics offered by the COMPANY on the website. Whether the CUSTOMER benefits from these services will be determined according to their preference and payment of the relevant service fee. The COMPANY may make changes or adaptations to the services offered at any time and in any way they wish. The packages, opportunities, campaigns, discounts, and all kinds of commercial terms and conditions related to the presentation of the services may be changed. These changes or applications will come into effect by being published on the Frewell-ss website.
8. PAYMENT METHODS: The CUSTOMER can make payments for services purchased through the website via Virtual POS and the 3D Secure System with their credit/debit card.
9. TERMS OF USE, RULES, AND POLICIES: Refers to all terms of use, rules, and policies determined by the COMPANY, including the terms of use, procedures, and principles of the products, services, and content offered through the website, prices, operations, responsibilities, and obligations, applicable rules and sanctions, responsibilities arising from regulations, and other issues.
E. USAGE AND SECURITY CONDITIONS
1. The ownership of the website subject to this agreement belongs to Frewell-ss. All services related to the application are provided by the COMPANY and/or the person/persons authorized by the COMPANY.
2. The CUSTOMER acknowledges and accepts that the products and/or services offered on the website are frequency applications based on quantum metaphysics, are not for treatment purposes, do not have the nature of medicine, will not be used for any such purposes, will immediately consult the nearest healthcare institution and/or doctor if they encounter any health problems, the COMPANY does not guarantee products and/or services for treatment purposes, all information regarding these products and/or services is available on the website, and that they bear all responsibility if they experience any health problems, and that the COMPANY does not have any liability for any material or moral damages.
3. The CUSTOMER acknowledges and accepts that by purchasing the products and/or services offered by the COMPANY through the website, they have read, understood, and freely accepted the campaign, sales conditions, rules, options, fees, advantages, and all other terms and conditions of use, and that they are obligated to thoroughly review the relevant conditions, terms of use, and process management, and that any objections to these will not be taken into account, and that the COMPANY has the right to change these at any time and in any way they wish without prior notice, and that no vested rights can be claimed due to subsequent changes.
4. The CUSTOMER acknowledges, declares, and undertakes that if they participate in any campaign or raffle related to the products and/or services offered by the COMPANY through the website, their information will be shared with the relevant persons and institutions regarding the campaign and raffle, and that they will not make any compensation claims from the COMPANY for this reason.
5. The COMPANY will apply the campaign and advantages on the website exclusively to customers, and the advantages and campaigns mentioned may vary according to the person. The COMPANY has the right to change the duration, amount, conditions, etc. related to the campaign or advantages at any time.
6. The CUSTOMER is obliged to use the purchased products and/or services within the specified usage period, otherwise, the usage period is the same as the purchase date of the package unless otherwise stated. No rights or claims can be made regarding unused products and/or services within this period. The COMPANY has the right and authority to delete or remove the rights and authorities related to the products and/or services not used by the CUSTOMER at the end of the period.
7. The CUSTOMER creates their own account on the website by entering the necessary information such as username, password, and required information. Without entering the necessary information, the customer account cannot be created, and the website cannot be used. By entering the necessary information and electronic approval, the CUSTOMER cannot claim that they did not create, use, or that the account is fake.
8. The CUSTOMER is obliged to fill in the required personal information in the application form accurately (Name, Surname, Security Code, etc.) and save it as specified to be able to benefit from and use the services on the website. The CUSTOMER acknowledges, declares, and undertakes that the information and content provided by them on the website are accurate and lawful.
9. The CUSTOMER acknowledges and accepts that the security, storage, keeping away from the knowledge of third parties, and usage of the access tools (username, password, etc.) for benefiting from the services provided by the COMPANY are their responsibility, and that the COMPANY has no direct or indirect responsibility for any damages that may be incurred by the COMPANY and/or third parties due to their negligence and faults and/or due to third parties' knowledge of the access tools, and that the COMPANY has no direct or indirect responsibility for any damages that may be incurred by third parties.
10. The CUSTOMER cannot use another person's IP address, email address, username, and other information, nor can they access or use the private information of other customers without permission. The CUSTOMER irrevocably acknowledges, declares, and undertakes that they are individually responsible for all kinds of material and/or moral damages incurred or that may be incurred by other customers, the COMPANY, and/or third parties due to their negligence or faults in these matters.
11. In case of forgetting the username and password, the CUSTOMER is obliged to immediately notify the COMPANY in writing through the communication channels specified in this agreement. The CUSTOMER acknowledges, declares, and undertakes that they will not hold the COMPANY responsible for any actions performed, expenditures made on the website, etc. until the notification is made to the COMPANY.
12. The COMPANY is not responsible for investigating the accuracy of the data, information, and content provided, uploaded, changed, or provided by the CUSTOMER through the site, nor does it guarantee and commit that these information and contents are safe, accurate, and lawful, and the COMPANY cannot be held responsible for any damages arising from the incorrect or erroneous information and content.
13. The COMPANY may terminate this agreement immediately without any reason, without any notice, and without paying any compensation in the following cases, block the CUSTOMER's user account, temporarily or permanently restrict access:
- Providing false and misleading information during or after the creation of the user account,
- Actions and behaviors contrary to national and international law, general morality, public order,
- Attacks, insults, threats, bullying, defamation, etc. against third parties,
- Purchasing products and/or services for commercial purposes, not for personal use,
- Imitating, copying, taking actions and behaviors to compete with the products and/or services
- COMPANY, unjust, malicious, baseless accusations, shares, statements, and explanations about the products and/or services or the website, brand,
- Digital attacks, cyber security breaches, cases such as sharing usernames and passwords with third parties,
14. COMPANY may unilaterally terminate or temporarily suspend the services provided to the CUSTOMER in cases of technical requirements or obligations, information security or cyber attacks, suspicious transactions, and other cases.
15. CUSTOMER may request the closure of their user account at any time and in any way without giving any reason by entering their username and password. For this, the CUSTOMER must carry out the application steps on the website with their own username and password.
16. CUSTOMER acknowledges, declares, and undertakes that COMPANY may disclose its own confidential/private/commercial information to official authorities and right holders in cases where it is claimed that the rights of other CUSTOMERS or third parties are violated due to current mandatory legislation or other cases, and therefore no compensation can be claimed from COMPANY under any name.
17. CUSTOMER cannot assign its rights and obligations under this agreement, in whole or in part, to any third party without the written consent of COMPANY.
18. Users benefiting from the services provided by COMPANY and using the website may only transact on the site for lawful purposes. CUSTOMER is solely responsible for the legal and criminal liability for every transaction and action performed within the Site.
19. CUSTOMER shall pay, immediately and in cash, three times the total service fee paid to COMPANY if the products and/or services available on the website are used for commercial purposes other than personal use. In such cases, CUSTOMER shall be solely responsible for all material and moral damages suffered by third parties due to the aforementioned victimization.
20. CUSTOMER acknowledges, declares, and undertakes that all kinds of intellectual and industrial property rights subject to works, including but not limited to systems, software, databases, and all content, materials, and arrangements related to the Website, such as designs, names, positioning, texts, graphics, user interfaces, visual interfaces, commands, source codes, APIs, photographs, sounds, music, videos, interactive features, trademarks, and logos, exclusively belong to COMPANY and shall not engage in any action that would partially or completely violate these rights.
21. CUSTOMER agrees to the terms of this contract, including the contract and its attachments, as well as all statements, writings, and explanations made by COMPANY regarding the use, CUSTOMER, and services within the Site. By accepting the provisions of this contract, CUSTOMER shall be deemed to have accepted all terms regarding use or conditions within the Site.
22. Frewell-ss is a digitally developed software based on quantum designed to enhance the positive thoughts of its users in yoga meditation therapy and energy work and to encourage them to manage many problems arising from the complexity of negative thinking intensity. It cannot be used for treatment and medication purposes in any way, and Frewell-ss cannot be held responsible for this or similar matters.
F. FINANCIAL MATTERS
1. COMPANY exclusively determines the terms of use, prices, discounts, payment conditions, and other matters related to the products, services, and contents it offers and announces them on the website. CUSTOMER is subject to the relevant terms and will pay the fees for the products or services according to the current terms when requesting products or services on the website.
2. COMPANY may announce the terms of use or price lists related to the products or services offered through the website or inform the CUSTOMER about other contracts, documents, or other matters and their fees.
3. Unless otherwise stated by COMPANY, all taxes will be added to the product and/or service offered.
4. COMPANY may perform system updates or technical developments for future versions or services it will implement and may determine additional fees or terms for these. CUSTOMER's access to the new version will be determined by COMPANY.
5. The service purchased by CUSTOMER is electronically purchased through the website, and the obligation to deliver the relevant service will be released by COMPANY if the payment is made by introducing bank or credit card information and the payment is canceled or cannot be made due to a technical reason.
6. CUSTOMER may make payments using their own bank account, credit card, or similar systems. COMPANY is not responsible for payments made by third-party bank accounts, credit cards, or other systems. In cases where payments are made without the consent or approval of the parties concerned, COMPANY is entitled to immediately suspend the use of the product and/or service. In such cases, CUSTOMER acknowledges, declares, and undertakes that it accepts and agrees that it will be liable for all negative and positive damages caused to COMPANY and/or third parties.
7. If this agreement is terminated for any reason and/or the CUSTOMER's use of the products and/or services is stopped temporarily or permanently, or the CUSTOMER closes the user account of his/her own free will, the price of the products and/or services used until that date will be paid. CUSTOMER is obliged to pay the price of the products and/or services purchased through packages, campaigns and other means, within the relevant conditions.
G. PROTECTION OF PERSONAL DATA
1. COMPANY may process, use, transfer, and share CUSTOMER's personal data in compliance with Personal Data Protection Legislation and the General Data Protection Regulation of the European Union (GDPR). COMPANY may make changes to its Privacy Policy documents, procedures, contract clauses, and terms of use at any time. Changes will take effect when published on the website's privacy policy section. CUSTOMERs are obliged to act in accordance with the current and applicable privacy policy, cookie policy, and disclosure obligations.
2. COMPANY has taken the necessary measures to fulfill its Obligation to Inform and Privacy Policy in compliance with Personal Data Protection Legislation and the General Data Protection Regulation of the European Union for personal data that may be processed by COMPANY.
H. DISPUTE RESOLUTION
1. The Parties agree that in case of disputes regarding this contract, they will first apply to Mediator, make superior efforts and efforts to resolve their disputes with friendly solutions, and if the disputes cannot be resolved through Mediation, California / Irvine Courts shall have jurisdiction and authority.
2. All disputes between COMPANY and CUSTOMER shall be governed by the laws of the State of California, United States of America.
I. NOTIFICATIONS
1. The email address and/or mobile phone number notified by CUSTOMER shall be deemed as the legal notification address for any notification made under this agreement.
2. CUSTOMER is obliged to immediately update changes in their existing email and/or mobile phone number in their user account for any notification made under this agreement; otherwise, notifications made to old information shall be deemed valid.
J. EVIDENCE
In any dispute between the parties, COMPANY's official books and commercial records, electronic information held in its database and servers, as well as email correspondences between the parties, shall constitute definitive and exclusive evidence.
K. SIGNATURE AND ENFORCEMENT
1. This agreement shall remain in effect as long as CUSTOMER's user account is active and shall have legal force and effect. If any article of this agreement is amended or terminated, the other articles of the agreement shall remain in effect.
2. CUSTOMER declares, accepts, and undertakes that they have read, understood, accepted, and electronically confirmed the articles of this agreement and that the information provided by them is accurate.
L. OTHER PROVISIONS
1. COMPANY reserves the right to make any changes in this agreement and in the services within the application. The current version of this agreement will be located in the 'Announcements' section. CUSTOMER is required to regularly check and carefully review the current version of the agreement. If CUSTOMER does not accept any of the specified conditions, they may cancel their user account. If CUSTOMER does not cancel their user account, they shall be deemed to have accepted all conditions. COMPANY has no obligation to inform or notify CUSTOMER of changes in the agreement.
2. Force majeure events such as earthquakes, floods, natural disasters, fires, epidemics, wars, states of emergency, strikes, lockouts, technical infrastructure or internet malfunctions, restrictions on internet access by public authorities, slowdowns or disruptions, system updates or version renewals, power outages, software hacking, data breaches or data protection efforts, problems caused by software developers or suppliers, restrictions on access to data provided by official institutions, blockages or bans, etc., are considered force majeure. In cases of force majeure, COMPANY cannot be held liable for delaying or failing to fulfill any of its obligations under this user agreement. For COMPANY, delay, incomplete performance, non-performance, or default will not be considered in such situations. It is not possible to claim compensation from COMPANY under any name for such situations.
M. CANCELLATION/RETURN
1. Once the user has made the payment for the subscription purchased, they cannot cancel or return it. COMPANY advises the user to start with a single-use package and recommends them to purchase high-usage packages if they are satisfied with their usage in the future. Purchasing high-usage packages at the initial stage can be realized at the discretion and consent of the users and cannot be requested for refund/cancellation under any circumstances.