In using this website you are deemed to have read and agreed to the following terms and conditions:
What information do we collect? How do we use it?
When you reserve by credit card, we need to know your name, e-mail address, mailing address, credit card number, and expiration date. This allows us to process and fulfill your request and to notify you of your status. When you enter a contest or other promotional feature, we may ask for your name, address, and e-mail address so we can administer the contest and notify winners.
How does AquaChiFootBath.com protect customer information?
We use a Secure Server for collecting personal and credit card information. The secure server layer (SSL) encrypts (scrambles) all of the information you enter before it is transmitted over the interenet and sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access.
What about "cookies"?
Will AquaChiFootBath.com disclose the information it collects to outside parties?
AquaChiFootBath.com does not sell, trade, or rent your personal information to others. AquaChiFootBath.com may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will not include personally identifying information.
AquaChiFootBath.com may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of AquaChiFootBath.com, our users, or others.
AquaChiFootBath.com is committed to protecting your privacy. We use the information we collect on the site to make shopping at AquaChiFootBath.com as simple as possible and to enhance your overall shopping experience. We do not sell, trade, or rent your personal information to others.
Terms of Sale / Returns / Exchanges / Refunds / Terms & Conditions
Payment / Shipping Policies
Terms and Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing U.S. Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We adhere to all U.S. laws regarding information concerning the Client and their respective information. Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than as necessary to complete customer business, or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
Cash or Personal Check with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. All goods remain the property of the Company until paid for in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Federal Reserve base rate on the outstanding balance until such time as the balance is paid in full and final settlement.
Returned cheques will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services or products, shall be refunded
Unless otherwise stated, the products featured on this website are only available to a limited set of countries. You are solely responsible for evaluating the fitness for a particular purpose of any information or products available through this site. By using this website you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a trademark of this Company in the U.S. and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is registered in the state of Colorado.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Wellana Referral Program
Wellana offers affiliate commissions for certain products that it markets. Individuals can earn hundreds of dollars simply by sharing our products with others.
Wellana Affiliate Agreement
This Agreement contains the complete terms and conditions which you the ("Affiliate") agree to be bound by as a participant in
Wellana's ("Wellana") Affiliate Program ("Program") and which shall apply once your application to participate in the Program has been accepted by Wellana ("Wellana").
ARTICLE 1. INTRODUCTION
1.01 Wellana is the sole and exclusive owner of all right, title and interest including logos, style, design, look and feel, trade names, trademarks (including any and all future versions thereof) of the Program.
1.02 Wellana intends to sell and distribute items for sale ("Product") using in part, third party affiliates who will establish links to Wellana 's Web sites where the Products will be offered for sale.
ARTICLE 2. PARTICIPATION & REPRESENTATION
2.01 Wellana hereby grants to the Affiliate the non-exclusive and revocable right to market and recommend the Product and to establish links to Wellana 's Web site, the whole in accordance with this Agreement.
2.02 The Affiliate shall diligently and continuously market and recommend the Product through the Internet and shall develop, operate and maintain links from its site to Wellana 's site at its sole cost and expense.
2.03 The Affiliate represents and warrants to Wellana that this Agreement has been duly and validly executed and constitutes and shall continue to constitute a legal obligation, enforceable in accordance with its terms.
ARTICLE 3. AFFILIATE SALES COMMISSIONS
3.01 If, as a result of a direct marketing effort of the Affiliate product, Wellana shall pay the Affiliate a commission ("Commission") determined in accordance with the Affiliate Compensation Schedule which follows this Agreement and which forms an integral part of it. The commission is based upon the number of referrals of the purchased Product before tax and excluding returns. Referrals shall apply only to any product which is identified on the Affiliate Compensation Schedule.
3.02 An Affiliate shall not receive a Commission for a Product purchase made, directly or indirectly, by him/herself. Instead, the Affiliate will receive a discount commensurate with the Affiliates current commission level. Commissions shall not apply to first time purchase of our products directly by the Affiliate. Commissions are not paid on parts or accessories.
3.03 In the event that more than one Affiliate claims the same commission for a sale, Wellana shall select the Affiliate which shall receive the compensation, based on input by the purchaser.
3.04 The Affiliate shall be responsible for all taxes and other similar levies applicable to the Commission pursuant to any law or regulation. The Affiliate shall report the Commission to its taxation authorities
as required by law.
3.05 Wellana shall post and maintain, on a current basis, a designated password- protected Web page for each Affiliate showing the Affiliate's participation in the Program including an estimate of the Commission owing to it.
Wellana shall, on or about 30 days following the sale, pay the Commission representing the amount payable for the unreturned sales completed in the previous 30 days. Payment shall be via electronic payment. Affiliates will receive the Commission in US funds, or equivalent in foreign currency.
For administrative convenience, if the Commission is less than $100 USD in a month, it shall be mailed during a subsequent month. The Affiliate may receive Sales Commission where the amount in question is less than $100 dollars by advising Wellana and assuming Wellana 's cost of $10 for making the payment.
If an Affiliate maintains a balance of less than $100 dollars of Commission in a period of 12 consecutive months without asking for
payment during that time, the Commission shall be forfeited. Wellana
is not responsible for paying any interest to the Affiliate for
accrued but not yet delivered Commission. Commission overpayments may be deducted from future payments or shall be reimbursed by the
3.06 Upon written request and at the Affiliate's expense, the Affiliate may cause Wellana 's books and records to be examined by an
independent firm of chartered accountants to ensure compliance with this Agreement. In the event that the examination reveals an underpayment error of more than 5%, the reasonable cost of the examination to a maximum of 5,000 US dollars shall be paid by Wellana.
If the examination does not reveal an underpayment as aforesaid, the Affiliate shall compensate Wellana for its
reasonable cost to a maximum of 5,000 US dollars. The firm of chartered accountants utilized shall limit the scope of their examination to the relevant information regarding the Commission and shall keep private and confidential all information obtained in the course of the said examination.
ARTICLE 4. AFFILIATE SITES
4.01 The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e- mail and shall not send e- mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful.
4.02 Wellana grants the Affiliate a non-exclusive, revocable right to use the logos, trade names, trademarks and all other intellectual property and such other images of Wellana for the purposes of identifying the Affiliate as a participant of the Program and of
generating sales of the Product. Affiliate shall allow Wellana to review all marketing material of the affiliate in order to insure adherence to manufacturer guidelines. If the Affiliate specifies a price point for the Product in its marketing and advertising it shall ensure that it is updated regularly to reflect all price changes. Affiliate agrees to display only manufacturers suggested pricing for the products which it markets.
4.03 Wellana shall have the right to monitor the Affiliate's Web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement.
4.04 The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of the Product, services or the Program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site
owner's, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing browser plugging, banner replacement technology, and browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate's immediate termination.
ARTICLE 5. ORDER PROCESSING
5.01 Wellana shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, Wellana shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue to sell the Product at any time.
ARTICLE 6. LICENSES AND GOODWILL PRESERVATION
6.01 Wellana shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product any
promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by Wellana on any site where the Product is mentioned.
6.02 The Affiliate shall acknowledge and clearly identify and respect that he/she has no right to any of the proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Program. In the event the Affiliate learns of any claim or allegation that the Program infringes upon or violates any intellectual property or proprietary rights of a third party, or contains any unlawful, libelous, or untrue statement, it shall immediately notify Wellana so as to enable Wellana to defend, settle or otherwise resolve the claim or allegation in a manner that Wellana deems appropriate in its sole discretion.
6.03 Customers who purchase the Product through the Program shall be deemed to be customers of Wellana , and the Affiliate shall refer
all Product -related questions, requests or queries to Wellana .
Wellana shall have the right to utilize the Affiliate's name and logo
to advertise, market, promote and publicize in any manner the Product.
6.04 The Affiliate shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Product without first obtaining the written consent of Wellana .
ARTICLE 7. RELATIONSHIP OF PARTIES
7.01 While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Affiliate shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of Wellana . Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Affiliate shall not
sign any document in the name of or on behalf of Wellana nor shall it hold itself out as being an agent of Wellana or as having
apparent authority to contract for or bind Wellana.
ARTICLE 8. LIMITATION OF LIABILITY
8.01 In no event shall Wellana be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. Wellana shall not be liable for any damages if, for any reason whatsoever, its Web site fails or is non-operational for any reason whatsoever.
ARTICLE 9. TERMS OF THE AGREEMENT
9.01 In the event that the Affiliate breaches any of the undertakings
or obligations set forth in this Agreement and does not remedy same within 7 days notice from Wellana , it shall automatically forfeit
the Sales Commission then receivable or receivable at any time in the future. Wellana shall, in addition, have the right to terminate
this Agreement and shall retain all other rights and remedies available to it at law or in equity.
9.02 The Affiliate shall have the right to terminate this Agreement at any time. In such case the Commission owing, representing referred repeat sales shall be paid even after termination of this Agreement.
ARTICLE 10. MODIFICATION AND APPLICATION OF AGREEMENT
10.01 Wellana may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. Any changes to the Sales Commission rate or terms shall only come into force 30
days following posting. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this
Agreement. The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
10.02 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
10.03 The Affiliate shall not assign, transfer or convey this Agreement or any part thereof to any other party without Wellana 's consent which shall not be unreasonably refused.
10.04 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns.
10.05 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely: descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on Wellana 's Web site(s); e -mail communications from Wellana or from any of its employees, officers or directors; in the Product, or in marketing/informational documents.
ARTICLE 11. INDEPENDENT INVESTIGATION
11.01 The Affiliate acknowledges that he or she has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that Wellana may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with the Affiliate's Web site. The Affiliate has independently evaluated the desirability of
participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.01 Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa.
12.02 The insertion of headings and the division of this Agreement into Articles and Sections are for convenience reference only and are not to affect its interpretation.
12.03 Each of the parties hereto covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry out the intent and purpose of this Agreement.
12.04 Time shall be of essence of this Agreement.
12.05 All notices, requests and other communications shall be deemed to have been received when posted by Wellana on its Web site. It shall also be deemed to have been received on the next business day if transmitted by facsimile, e-mail or any other form of electronic mail
to the last known electronic address of the intended recipient.
12.06 If in the event of a dispute or claim arising out of or in
connection with this Agreement, or in respect of any legal relationship associated with it or from it, the parties agree to attempt to resolve
the dispute by mediated negotiation with the assistance of a neutral person appointed by the Colorado Mediation Center administered under its Mediation Rules. If the dispute cannot be settled within Thirty (30) days after the mediator has been appointed, or such other period agreed to in writing by the parties, the dispute shall be referred to and finally resolved by arbitration administered by the Colorado Mediation Center pursuant to its Rules. The place of mediation and arbitration shall be Boulder, CO, USA.
-------- AFFILIATE COMPENSATION SCHEDULE--------
This Compensation Schedule is in effect from November 16, 2023.
An Affiliate can earn a Commission for each referred sale from a new customer who has never purchased an Aqua Chi unit, directly or indirectly.
An affiliate will receive a discount equaling the corresponding referral amount for any Aqua Chi purchased directly by the Affiliate.
Single Tier for all owners and affiliates: $200 per unit sold (at retail price).
Referral and/or direct purchases shall be accumulative for the Affiliate’s total. No date based requirements or quotas shall be enforced.