"WakeUpWell” refers to the service(s) provided subject to these Terms and Conditions of Use (“Terms”) and/or its parent company, WakeUpWell, LTD. WakeUpWell is dedicated to providing User/Customer with a unique combination of products and services. 

The following words used in these Terms shall have the following meanings:

1. "Personal Information" shall mean all data and/or information provided by and about User.

2. "WakeUpWell web site" shall mean all web sites on which WakeUpWell provides products, advice information and/or services, including www.calmforsurgery.com, www.calmforsurgery.com.au, www.medmatch.com.au, www.drbonney.com.

3. " User" shall mean all Users of WakeUpWell web sites described above.  

4. "Products, Advice, Information and Services" shall mean all products, advice, information and/or services provided by WakeUpWell, its advertisers or 3rd party partners.

5. "Registration Information" shall mean the Personal Information User is required to give to WakeUpWell in the registration process, in order to access our products, information and services.

6. "Account Profile" shall mean the WakeUpWell web site page(s) where the Personal Information that User has provided is displayed, in compliance with User’s consent and agreement.

I. General

A. By visiting or logging in as a User of WakeUpWell, User fully accepts these Terms.

B. WakeUpWell may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services, information and/or products. All web sites on which WakeUpWell provides products, information and/or services are hereinafter referred to as the “WakeUpWell web site.” 

C. These Terms shall govern the relationship between User and WakeUpWell, irrespective of which web site you are registered with or logged into, either now formed, or created in the future. 

D. User agrees to enter into these Terms on the use of WakeUpWell web sites with WakeUpWell. Additional contact information, commercial registry data, as well as other information about WakeUpWell, can be found under “About This Site” located elsewhere on this web site.

E.  User can access these Terms, by clicking on the “Terms and Conditions of Use” link that appears on WakeUpWell web site “Home” page, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.

II. Products, Advice, Information and Services

A. Details about the full range of products, advice, information and/or services available for Users are set forth on WakeUpWell web site.

B. Any use of the products, advice, information and/or services and content offered on WakeUpWell web site beyond the scope of options provided by WakeUpWell, requires prior written consent.

C. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of WakeUpWell, or any other, web site. WakeUpWell shall nonetheless endeavor to keep WakeUpWell web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond WakeUpWell's control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided on WakeUpWell web site.

D. In the event that User has a disagreement with WakeUpWell advertisers or partners or 3rd-party partners or affiliates, WakeUpWell may, but is not obligated to, act as intermediary in those cases and shall not be liable for any breach of such agreements entered into by User.

E. Any offers or agreements between WakeUpWell’s Users and WakeUpWell’s advertisers, 3rd-party vendors or affiliates, will be governed by such advertisers’, 3rd-party partners’ or affiliates’ respective Terms and Conditions of Use and the Privacy Policy of their respective companies that carry out the complete transaction themselves and are a party to an agreement with, and serve as the contact for, WakeUpWell User with whom they serve.

III. Registration, Representations and Warranties Upon Registration

A. User must register prior to purchasing any of the products, advice, information and/or services on WakeUpWell web site. 

B. User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to WakeUpWell immediately upon such changes.

C. User shall not use pseudonyms or fictitious names in their registration or profile, except as may be specifically allowed by these Terms. 

D. User shall choose a password upon registration. User is solely responsible for keeping this password secret and shall not give it out to anyone who may then use it to access the User account. WakeUpWell shall not disclose the password to any 3rd-party and WakeUpWell shall not ask for the User password at any time.

E. By completing the registration process, the User agrees with all Terms herein. WakeUpWell accepts the User registration by activating the User account for the use of services on WakeUpWell web site. 

IV. Obligations of User

A. User agrees to adhere to the following requirements:

1. To provide only true and non-misleading information in the User account profile and in all communications with WakeUpWell;

2. To comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not: 

a. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at WakeUpWell personnel or other companies or individuals;

b. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;

c. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:

i. Sending chain letters; 

ii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or

iii. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).

3. You may not provide, post or otherwise distribute, User content that:

a. violates any right of WakeUpWell or any 3rd-party;

b. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;c. interferes with any User’s uninterrupted use of WakeUpWell;d. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;e. disrupts, interferes with, or otherwise harms or violates the security of WakeUpWell or any services, system resources, accounts, passwords, servers or networks connected to or accessible through WakeUpWell web site;WARNING: ANY VIOLATION OF THESE TERMS THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY WAKEUPWELL.

4. User is further prohibited from the following activities:

a. Employing any mechanisms, software or scripts when using WakeUpWell web site;

b. Blocking, overwriting, modifying and copying of any contents of WakeUpWell web site, unless said actions are necessary for the proper use of the services on WakeUpWell web site. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services and is therefore prohibited;

c. Distributing or publicly disclosing the contents of the web site of WakeUpWell, without written permission; or

d. Performing any actions that may impair the operability of WakeUpWell's infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software. 

V. Changes to the Services, Products and/or Information 

WakeUpWell, in its sole discretion and without prior notice, reserves the right to modify the products, information and/or services offered on WakeUpWell web site and/or to offer products, information and/or services different from those offered at the time of User’s registration.

VI. Right To Cancel

A. User may terminate an account at any time. User shall deliver notice of termination using the Customer Service email address at hello@calmforsurgery.com. The termination notice shall include the User registered name and email address used at the time of registration or thereafter updated. 

B. In the event of a valid cancellation, WakeUpWell will remove all account information from WakeUpWell web site and database. 

C. Once a User account is cancelled, they must re-register in order to use WakeUpWell web site. 

D. WakeUpWell may, without cause and in its sole discretion, terminate the account or decline any order of User for any reason deemed appropriate by WakeUpWell.

VII. General Disclaimers and Limitations of Liability

A.  While WakeUpWell uses reasonable efforts to include accurate and up-to-date information, WakeUpWell specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information, services, advice, products or material, including prices and descriptions, displayed in any and all WakeUpWell web sites. WakeUpWell disclaims any responsibility or liability for the deletion, failure to store, non-delivery, or untimely delivery of any information, services, advice, products or material. WakeUpWell disclaims any responsibility or liability for any harm resulting from its advice, products, services, information or material, downloading, accessing or relying on any advice, products, services, information or material provided through WakeUpWell web site. B.  WAKEUPWELL WEB SITE AND ALL MATERIALS, INFORMATION, ADVICE, PRODUCTS AND SERVICES INCLUDED IN WAKEUPWELL WEB SITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES, EXPRESSED OR IMPLIED. WAKEUPWELL EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WAKEUPWELL DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF WAKEUPWELL WEB SITE. WAKEUPWELL DISCLAIMS ANY WARRANTIES FOR ANY PRODUCTS, SERVICES, INFORMATION OR ADVICE OBTAINED THROUGH WAKEUPWELL WEB SITE. WAKEUPWELL DISCLAIMS ANY WARRANTIES FOR SERVICES, ADVICE OR PRODUCTS RECEIVED THROUGH, OR ADVERTISED ON, WAKEUPWELL WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY WAKEUPWELL WEB SITE, AS WELL AS FOR ANY SERVICES, INFORMATION OR ADVICE RECEIVED THROUGH ANY 3rd–PARTY LINKS OR ANY USER CONTRIBUTIONS PROVIDED IN WAKEUPWELL WEB SITE.

C. USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN PRODUCTS, ADVICE, SERVICES, INFORMATION OR MATERIAL OR DATA THROUGH THE USE OF WAKEUPWELL WEB SITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEM, THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 

E. WAKEUPWELL IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USER, 3rd-PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, USER COMPUTER EQUIPMENT OR OTHER PROPERTY. F.  UNDER NO CIRCUMSTANCES SHALL WAKEUPWELL BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON, WAKEUPWELL WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR THE PRODUCTS, ADVICE, SERVICES, INFORMATION OR MATERIAL PROVIDED THEREIN. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WAKEUPWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, WAKEUPWELL WEB SITE, FROM INABILITY TO USE WAKEUPWELL WEB SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF WAKEUPWELL WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY 3rd-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, ADVICE OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON WAKEUPWELL WEB SITE OR RECEIVED THROUGH ANY 3rd–PARTY LINKS PROVIDED IN WAKEUPWELL WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION, PRODUCTS OR ADVICE RECEIVED THROUGH OR ADVERTISED ON WAKEUPWELL WEB SITE OR RECEIVED THROUGH ANY 3rd–PARTY LINKS PROVIDED IN WAKEUPWELL WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ADVICE OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF WAKEUPWELL WEB SITE OR ANY INFORMATION, ADVICE, PRODUCTS OR SERVICES THAT APPEAR ON OR IS LINKED OR RELATED IN ANY WAY TO, WAKEUPWELL WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. G.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.

H. WakeUpWell does not make any warranties or representations regarding any products, advice, services, information, data, content and/or information provided or made available by or to any User on any WakeUpWell web site or on any external web sites linked to them. In particular, WakeUpWell does not warrant or represent that said products, advice, services, data, content and/or information is true or accurate, or that it fulfills or serves any particular purpose.

I.  Without limiting the foregoing, under no circumstances shall WakeUpWell be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

VIII. Indemnity

User agrees to indemnify, defend and hold harmless WakeUpWell, its web site and each of its respective advertisers, parents, 3rd–party partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: 

1. User’s use of WakeUpWell web site; 

2. WakeUpWell's use of any User content or information User provides, including testimonials, as long as such use is not inconsistent with these Terms

3. information, services, content, products or material provided through User IP address, even if not posted by User; or

4. any violation of these Terms by User.

IX. Data Protection

A. WakeUpWell recognizes that any data provided by User to WakeUpWell is extremely important and WakeUpWell shall therefore be particularly sensitive in handling such data.

B. User is advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, WakeUpWell shall do what is reasonable to safeguard your data, subject to this cautionary limitation. 

C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks. Further, when sensitive personal information is transmitted, WakeUpWell will encrypt it using Secure Socket Layer technology (SSL).

D. Accordingly, WakeUpWell shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.

LEASE SEE OUR PRIVACY POLICY, STATED SEPARATELY ON WAKEUPWELL WEB SITE.

E. WakeUpWell opposes the use of available contact information by a 3rd-party for sending unsolicited advertisements (SPAM). 

F.  WakeUpWell reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar unsolicited advertising materials. WakeUpWell will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.

X. Right to Content Use

A. When User provides content, contributions or testimonials to WakeUpWell web site, User grants WakeUpWell a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that WakeUpWell is entitled to utilize for any purpose allowed by these Terms. In particular, WakeUpWell is entitled to use said content or contribution posted by User, for marketing or in any other way allowed. WakeUpWell may use User content, contributions or testimonials in any form, format, or medium of any kind now known or later developed.

Although User grants WakeUpWell a license, as stated above, WakeUpWell DOES NOT OWN SUCH CONTENT. This license grants WakeUpWell certain rights and also proscribes limitations of what WakeUpWell may do and not do with the content, more fully described as follows: WakeUpWell

1. May not sell or give away User testimonials as permanent downloads or physical copies, alone or in a compilation;

2. May not continue exercising the license after User provides WakeUpWell with a request for termination, as described below;

3. May not use or license another party to use User testimonials outside of WakeUpWell web site; 

4. May exercise these rights without paying User any remuneration, royalties or other fees, whatsoever;

5. May exercise these rights throughout the WakeUpWell web sites worldwide;

B. WakeUpWell grants a right of use over all posted content, contributions or testimonials to WakeUpWell web site to all Users. Duplication or the use of these contributions, testimonials or their content by User or 3rd-parties in other electronic or printed publications is prohibited. Copying, downloading, disseminating, distributing and storing of the contents of WakeUpWell web site is, with the exception of the cache memory when searching for WakeUpWell web pages, prohibited without WakeUpWell’s express consent.

C. User may use WakeUpWell web site content only and solely for personal, non-commercial use and may download or print a single copy of any portion of said content solely for personal, non-commercial use, provided User does not remove any trademark, copyright or other notice from such Content.  

D. User may not post, distribute or republish in any way, any portion of WakeUpWell web site content to any Internet, Intranet or Extranet web site or incorporate said content in any database, compilation, archive or cache, except as expressly allowed in these Terms.

E. User may not distribute any WakeUpWell web site content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of said content except as expressly allowed in these Terms. 

F. User may not copy WakeUpWell web site content without permission from WakeUpWell. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through WakeUpWell web site. User may not insert any code or product or manipulate the content of WakeUpWell web site in any way that affects the User experience, and further, may not use any data mining, data gathering or extraction method on WakeUpWell web site.G. Requests to use WakeUpWell content for any purpose other than as permitted in these Terms shall be directed to the Customer Service email address at hello@calmforsurgery.com. 

H. User grants to WakeUpWell the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any type to User.

I. Without limiting the generality of the previous paragraphs, User authorizes WakeUpWell to share User provided content across all web sites, now in use or later developed. 

J. Prohibited uses do not include any use that WakeUpWell expressly authorizes in writing. 

XI. Errors in Advertisements

On occasion, a product or service offered by advertisers and/or 3rd-parties on WakeUpWell web site may not be available at the time or at the price as it appears in an advertisement. In such an event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability or error in pricing or product information received from 3rd-party advertisers or suppliers, you agree WakeUpWell is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate 3rd–party advertiser.

XII. Additional Terms

A. These Terms and any modifications thereto must be in writing to be valid. No secondary agreements exist between WakeUpWell and User.

B. WakeUpWell reserves the right to modify these Terms at any time, without providing reasons and without notice to User. User is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and User continues to access and use WakeUpWell web site, the modified Terms shall be deemed to be accepted by User. 

C. Unless otherwise stated in these Terms, User may submit all notices to WakeUpWell using the following Customer Service email address at hello@calmforsurgery.com. 

D. WakeUpWell may send notices to the User by email to the address(es) given in the User registration or updated contact data in a User account.

E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of WakeUpWell. 

F. The place of performance and jurisdiction under these Terms shall be main place of business of WakeUpWell, which is New Zealand. 

G. These Terms and the contractual relationships thereto shall be governed by the laws of New Zealand.

XIII. Discontinuation of Service

A. WakeUpWell may modify, suspend, discontinue or restrict the use of any portion of WakeUpWell web site, including the availability of any portion of it, at any time, without notice or liability. 

B. WakeUpWell may deny access to any User at any time for any reason. In addition, WakeUpWell may, at any time, transfer rights and obligations under these Terms to any current or future WakeUpWell subsidiary or business unit, or any companies or divisions, or any entity that acquires WakeUpWell or any of its assets.

XIV. Customer Service/Support

All queries by User/Customer regarding these Terms or WakeUpWell products or services can be emailed to WakeUpWell at hello@calmforsurgery.com. 

XV. Section Titles

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

XVI. Effective Date

THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON July 5, 2020