General Terms and Conditions
Last updated: September 2024
1. Introduction
1.1. These General Terms and Conditions (the “Agreement”) govern the entire relationship between you, the Client, and us, the Company.
1.2. Before the Distance contract is concluded, the Client will be provided with the text of this Agreement electronically or in another durable format. If this is not reasonably possible, the Company will indicate, prior to the conclusion of the Distance contract, in what way this contract is available for inspection by the Client at the Company's premises and that it will be sent to the Client free of charge as soon as possible at the Client's request.
1.3. THE CLIENT IS OBLIGED TO CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING IT AND USING THE SERVICES OF THE COMPANY. THE CLIENT AGREES THAT HIS/HER USE OF THE SERVICES ACKNOWLEDGES THAT THE CLIENT HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREED TO BE BOUND BY IT.
1.4. This Agreement contains a mandatory arbitration provision that, as further set forth in Section 17 below, requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings, or class actions of any kind.
2. Definitions
2.1. Some terms are defined in the introductory part of this Agreement. Except as otherwise provided in this Agreement, wherever used in this Agreement, including the introductory section, the following terms, when capitalized, shall have the following meanings:
2.1.1. Agreement shall mean Agreement for providing Services and/or Goods concluded online by the Company and the Client.
2.1.2. Client shall mean the user of the Company’s Services and the buyer of Goods as explained in this Agreement.
2.1.3. Company – shall mean 1) MB ‘’Sparkwell”, code 306731933, office address at Nemencines pl.86D, LT-10103 Vilnius, Lithuania, email: info@medullaclinic.com, which is provider of the Services, and the owner and the seller of the Goods, also responsible for the managing subscription services and payments for Services and Goods, refunds and chargebacks, procurement of advertisement space across various digital platforms.
2.1.4. Offer shall mean the offer to enter into this Agreement of Services and Goods provided by the Company to the Client through the Website.
2.1.5. Privacy Policy shall mean the privacy policy of the Company published on the Website
2.1.6. Services shall mean access to the Website, including the information, text, and images offered or provided thereon, and also the subscription to the Goods.
2.1.7. Goods shall mean products in physical form sold online by the Company.
2.1.8. Digital Content shall mean individual digital content sold from time to time online by the Company.
2.1.9. Distance contract shall mean a contract concluded between the Company and the Client within the framework of a system organized for the distance sale of Goods.
2.1.10. Website shall mean the website of the Company, available at https://medullaclinic.com.
3. Submission of the Offer
3.1. The Company will provide the Client with the possibility of receiving an Offer.
3.2. The Client will be asked to provide certain information before receiving the Offer by selecting the options provided or by typing in the information requested. The Client is obliged to provide the current, correct, and comprehensive information requested.
3.3. Upon submission of the information established in Section 3.2. of this Agreement, the Client will be provided with the Offer. The Offer will include information on the following:
3.3.1. payment amount for the relevant Services and/or Goods;
3.3.2. payment options via credit card or other allowable payment forms;
3.3.3. other information the Company finds important to include in the Offer.
3.4. Accepting the Offer
3.4.1.The Client accepts the Offer once he/she ticks the box “I agree with the Terms & Conditions.” Once the Client agrees with the Terms & Conditions, the Client will be required to press the button “Submit.”
4. Distance Contract
4.1. The Distance contract will be concluded when the Client accepts the Offer and as indicated in Section 3.4.1.
4.2. As the Client accepts the Offer electronically, the Company shall confirm the receipt of the acceptance of the Offer electronically.
4.3. The Company makes reasonable efforts to ensure that the Services operate as intended; however, such Services are dependent upon the internet and other services and providers outside of the control of the Company. By using Company’s Services, the Client acknowledges that the Company cannot guarantee that the Services will be uninterrupted, error-free, or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime, or other failures. The Client expressly assumes the risk of using or downloading such Services.
4.4. From time to time and without prior notice to the Client, the Company may make changes, enhancements, and improvements to the Services. The Company may also, at any time, discontinue the operation of any or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be in the Company's sole and absolute discretion and without any continuing obligation or liability to the Client, and the Client's use of the Services does not give the Client any right to the continued provision or availability of the Services.
4.5. The Client further agrees that:
4.5.1. he/she shall not access the Services (including purchasing the Goods) if he/she is under the age of 18;
the Client will deny access to the Services to children under the age of 18. The Client accepts full responsibility for any unauthorized 4.5.2. use of the Services by minors.
5. Payments and Subscription
5.1. During the period of validity indicated in the Offer, the price for the Services and/or Goods being offered will not increase, except for price changes in VAT tariffs.
5.2. The Client agrees to:
5.2.1. pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by the Client;
5.2.2. purchase the Services and/or Goods by using a valid credit card or another allowed form of payment;
5.2.3. provide the Company with the current, correct, and comprehensive information as detailed in the purchase order form. If the Company discovers or believes that any information provided by the Client is not current, accurate, or complete, the Company reserves the right to suspend the Service and/or delivery of the Goods at its sole discretion, and the Client will forfeit any right to a refund of any amount paid.
5.3. After the Client is transferred to the third-party payment service provider, the risk of loss or damages will pass to the Client and/or third-party service. The Client’s online credit or debit card payments to the Company will be handled and processed by a third-party payment service provider and none of the sensitive data in relation to the payment will be stored on or used by the Company. The Company shall not be liable for any payment issues or other disputes that arise due to the third-party payment services. The Company may change the third-party payment service provider from time to time.
5.4. All prices and costs are in US Dollars unless otherwise indicated.
5.5. All Goods remain the property of the Company until paid for in full. The applicable price is the price in effect at the time you place your order. Shipping and payment charges will be displayed before confirming the purchase. If you are under 18 years of age, you must have parental permission to purchase from the Company.
5.6. All transfers made through the Company are handled and processed through dedicated third-party gateways to ensure your protection. Card information is not stored, and all card information is handled via SSL encryption. Please read the terms and conditions of the payment gateway selected for the transaction, as they are responsible for the transactions made.
5.7. Your payments are processed by MB ‘’Sparkwell”, code 306731933, office address at Nemencines pl.86D, LT-10103 Vilnius, Lithuania; Stripe Technology Europe Limited, code 0599050, office address at 25/28 North Wall Quay, Dublin 1, D01H104; PayPal (Europe) S.à r.l. et Cie, S.C.A. Société en Commandite par Actions, code RCS Luxembourg B 118 349, Office address at 22–24 Boulevard Royal, L-2449, Luxembourg. For a refund or a complaint, please contact info@medullaclinic.com. Please note that local charges (sales tax, customs duty) may occur depending on your region and local customs duties. These charges are at the Client’s own expense.
5.8. In order to ensure that the Client does not experience an interruption or loss of Services, the Services are offered on AUTOMATIC RENEWAL.
5.8.1. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. For example, if the Client's last service period was 90 days, the renewal period will typically be 90 days. The Client chooses the renewal period once he/she selects the deliverability frequency of the Goods, e.g., if the Client selects that he/she wishes to receive the Goods every 90 days, then the Goods will be delivered at that frequency, and the subscription charge will be made every 90 days.
5.8.2. Unless the Client cancels the subscription, the Company will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with the Service in the Client’s account.
5.8.3. The Company may change the subscription plans and the price of the Services from time to time. Renewals will be charged at Company’s then-current rates, which the Client acknowledges and agrees may be higher or lower than the rates for the original service period.
5.8.4. IF THE CLIENT DOES NOT WISH THE SERVICE TO BE RENEWED AUTOMATICALLY, he/she may choose to cancel the subscription at least 48 hours before the end of the current period (SUBSCRIPTION CAN ONLY BE CANCELED AFTER THE SECOND SUBSCRIPTION CHARGE IS MADE (AS PROVIDED BY SECTION 5.8.5.)), in which case the Services will be terminated at the end of the then-current period unless he/she manually renews the Services prior to that date.
5.8.5. IN CASE THE CLIENT PURCHASED A SUBSCRIPTION AND WISHES TO CANCEL THE SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE IS MADE , THEN THE COMPANY WILL REQUIRE THE CLIENT TO RETURN ALL DISCOUNTS APPLIED. OUR SUBSCRIPTION PLANS ARE OFFERED AT A DISCOUNTED PRICE COMPARED TO THE SINGLE PURCHASE PRICE. CLIENTS WHO WISH TO CANCEL THEIR SUBSCRIPTION BEFORE SECOND SUBSCRIPTION CHARGE WILL BE REQUIRED TO PAY THE DIFFERENCE OF THE SUBSCRIPTION PLAN PRICE AND THE REGULAR PRICE TO THE COMPANY, IN CASE CLIENT SELECTS THE TERMINATION, THEN COMPANY WILL AUTOMATICALLY CHARGE THE PRICE DIFFERENCE. This measure is taken by the Company to avoid circumvention attempts by the Client.
5.8.6. If the Client fails to cancel the subscription before the cancellation deadline but no longer wants the physical Goods, he/she may follow the Refund Policy below for new and unopened Goods.
5.8.7. If the Client has purchased the subscription on the Company’s Website, the Client will not be able to control it through Google Play or the App Store. Instead, the Client may easily cancel the subscription by accessing the User’s Account on the Website or contacting the Customer Success team by email or phone: +44 7495 452 444.
5.8.8. If the Client has purchased the subscription through Google Play or the App Store, the Client might cancel the subscription only through his/her Apple or Google Account. The Client understands that deleting the app does not cancel the subscriptions.
5.8.9. If the Client has purchased the subscription of Goods, the shipping address change for recurring send-outs can be done by contacting the Customer Success team at info@medullaclinic.com at least 72 hours before the end of the current period. If the changes of the shipping address have not been made or have been made in violation of the procedure set out and the recurring send-out has been shipped, the Company is not responsible for any damages the Client has incurred or may incur accordingly.
5.9. From time to time, the Company might offer Special Deals, which may contain additional terms and conditions applicable to this Agreement.
5.9.1. In case Company offers any special deals (discounts), Client should be aware that the special deal (discount) will be applied only for the first charge and any further recurring subscription charges will be charged at regular prices.
5.9.2. The Company may offer the trials of paid subscriptions for a limited time at a special price or without payment (“Trial”). The Company will automatically begin charging the Client for the subscription on the first day following the end of the Trial on a recurring basis of the interval what the Company discloses in the Special Deal chosen by the Client. If the Client doesn’t want to be charged, he/she must cancel the subscription before the end of the Trial.
6. Refund Policy and Limited Warranty
6.1. The Client has the right to return delivered (received) Goods for a refund within 14 days from the date of delivery, as described in this Refund Policy. A refund will be issued if the product is a) unopened and in its original packaging and in a condition fit for resale, b) not as described, or c) faulty. If the Goods are opened but not as described or faulty, the Client must contact our Customer Success team by info@medullaclinic.com within 14 days of delivery and provide detailed information proving the Company's product fault (with visual proof attached). For unopened Goods, the Client should contact the Customer Success team within 14 days of delivery and follow the process outlined in Section 6.3.
6.2. If the Goods are faulty or not as described, the Client should contact the Company's Customer Success team within 14 days of delivery to arrange for a return. Once contacted, the Customer Success team will provide the Client with a prepaid shipping label. The package with the Goods must be sent using the prepaid shipping label within 14 days of receiving the purchased Goods, as the Company cannot provide a refund if the Client uses a separate shipping label. The prepaid shipping label costs 15 USD and will be deducted from the final refund.
6.2.1. After the package with the prepaid shipping label is received and inspected by our staff, a refund will be authorized by the same payment method used for the purchase. Please note that the refund process may take up to 14 business days to complete and for the refund to be credited to the Client's account. If the Client fails to meet the deadlines outlined in our Refund Policy, the Company will be unable to offer a refund.
6.3. Due to reasons related to healthcare and hygiene, the Client has a right to return the delivered (received) Goods within 14 days from the day of delivery only if the following procedure is adhered:
6.3.1. The Client must notify the Company of their decision to return the Goods within 14 days of delivery by sending an email to by info@medullaclinic.com.
6.3.2. The Company will acknowledge the decision and provide a prepaid shipping label to the Client at the cost of 15 USD, which will be deducted from the final refund. The prepaid shipping label provided by the Company must be used due to warehousing requirements.
6.3.3. The Client must return the Goods to the Company without undue delay and no later than within 14 days of notifying the Company. The Client is responsible for the return costs.
6.3.4. The Goods must be in their original packaging, unopened, and in a condition fit for resale.
6.3.5. Once the Company receives and inspects the returned Goods, a refund will be issued to the Client for the price they paid for the Goods (excluding the return costs) within 10–30 business days. Please note that it may take up to 14 working days for the refund to appear in the Client's bank account.
6.3.6. The Company reserves the right to suspend the Client's refund until the Company receives and inspects the Goods.
6.3.7. The Company will not be responsible for refunding or reshipping the order to a different address if the Client did not provide correct or full delivery or contact information (including delivery address and email address).
6.4. IN CASE THE AGREEMENT BETWEEN THE COMPANY AND THE CLIENT CONSISTS OF DIGITAL CONTENT, WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM, THE CLIENT AGREES TO LOSE HIS/HER RIGHT TO WITHDRAW FROM THE AGREEMENT.
6.5. The Client confirms that upon the Digital Content being provided to him/her (immediately after the purchase), the Company’s obligations (namely, to provide the Digital Content) under this Agreement are fulfilled.
6.6. Limited Warranty: The Company offers a 14-day limited warranty to replace defective and faulty products in addition to its 14-day return policy. The Company’s 14-day warranty and return policies cover ONLY products purchased from verified sellers who respect our quality control standards. Some Company products are sold by unverified companies or individuals. The Company cannot ensure the authenticity, effectiveness, quality, safety, or proper storage of products sold by any unverified seller.
6.6.1. In the event of such defect or failure of any such product, the remedy described in Section 6.6. will be the Client’s exclusive remedy.
6.6.2. Verified Customers: A receipt must be provided for the Customer Success team to confirm where and when a Good was purchased. The Company will honor the policy only for products purchased from a reseller who we can confirm as purchasing directly from us and providing genuine, new, and authentic products. All Goods must be inspected by the Company to confirm the product falls under the warranty or return policy. We will repair or replace (at our option) the defective implement and refund Goods that fit the return policy. The Client is responsible for shipping charges to send the product in for warranty repair or replacement.
6.6.3. Limitations/Exclusions: This limited warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by the Company. This Warranty is in lieu of all other express warranties, obligations, or liabilities. This document constitutes the only warranty made by the Company. No increase or alteration, written or verbal, of the obligation of this warranty is authorized.
6.6.4. This limited warranty is void if the product has been altered, abused, misused, lost, damaged by accident, damaged by unauthorized adjustment, and/or damaged by failure to provide reasonable and necessary care. This warranty does not apply to damage from shipping or normal wear and tear. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6.7. ADDITIONAL MONEY-BACK GUARANTEE FOR HAIR GROWTH BUNDLES ONLY. The Company ensures that anyone who does not experience results after 60 days of using any of the Hair Growth Bundles as prescribed is eligible for a full refund of their investment. Please note that our products are not intended for those who are experiencing late-stage hair loss, scarring alopecia, or acute autoimmune disease. Therefore, our guarantee does not cover any of these forms of hair loss. To be fully eligible for a money-back guarantee, you must follow these requirements:
6.7.1. Take a photo before the treatment of the desired area.
6.7.2. Use Hair Growth Bundles for 2 consecutive months (60 days); all bundles provide roughly 1 month’s supply, so 2 sets should be used during the 60-day experience.
6.7.3. Use Hair Growth Bundles as prescribed. The instructions are stated on the bottle labels and the product pages on the official https://medullaclinic.com website.
6.7.4. Take a photo every month of the treated area with similar angles and hair style to document and visualize the progress; make sure that the photos are clear and not blurry.
6.7.5. Submit all documented photos after the 60-day period in chronological order and with date stamps to identify the monthly progress.
6.7.6. Provide a brief description of personal usage to clarify product application, if any days were skipped or missed, if other cosmetic products were used simultaneously, e.g., other hair growth serums or makeup, and/or if you experienced any complications or reactions during usage. This information is to help Medulla Clinic enhance product development and customer service.
6.7.7.Please note that the money-back guarantee is extended only after the 60-day usage mark and is applicable only to Hair Growth Bundles purchased during the designated time frame. Any claims made prior to 60 days will not be eligible.
7. Intellectual Property Rights
7.1. As between the Company and the Client, all intellectual property rights, including but not limited to copyright, design rights, trademark rights, patent rights, and any other proprietary rights in or relating to the Services and the content associated with the 7.2. Services, are owned by the Company.
The Client must not reproduce, disassemble, reverse engineer, decompile, distribute, publicly display or perform, publish, or otherwise make available the Services, including but not limited to the Digital Content, in whole or in part, without the Company's prior written consent.
7.3. The Client hereby grants to the Company a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, non-exclusive license, with the right to sublicense (through multiple tiers) and assign to third parties to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit in any way, now known or hereafter discovered, the Client's User Content (excluding User Trademarks) and all modified and derivative works thereof. To the extent permitted by applicable laws, the Client hereby waives any moral rights he/she may have in any User Content. "User Content" means any User Trademarks, communications, images, writings, creative works, sounds, and all other material, data, and information that the Client uploads, transmits, or submits through the Services or that is uploaded or transmitted by other users. By uploading, transmitting, or posting any User Content, the Client affirms, represents, and warrants that such User Content and its uploading, transmission, or submission is a) accurate and not confidential, b) not in violation of any applicable laws, contractual restrictions, or other third-party rights, and that the Client has the permission of any third party whose personal information or intellectual property is contained or embodied in the User Content, and c) free of viruses, adware, spyware, or other malicious code.
7.4. No part of this Agreement is intended or should be construed as a transfer of any intellectual property rights relating to the Services or any content associated with the Services, except as expressly set forth in Section 8.1. below.
8. Use of Digital Content
8.1. All intellectual property rights specified in Section 7.1. and relating to Digital Content are owned by the Company. Digital Content is licensed pursuant to Section 8 and is not sold. The Client will only be granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, subject to the terms and conditions of this Agreement, to use (solely for the Client’s individual use) any Digital Content provided by the Company to the Client.
8.2. The term of this license shall be for a term of 5 years from the date of the Client receiving the applicable Digital Content unless earlier suspended or terminated in accordance with this Agreement.
8.3. Unless expressly provided otherwise, the Client may only use the Digital Content for personal, non-commercial purposes.
8.4. The Client must not edit, reproduce, transmit, or lend the Digital Content or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in Section 8 by the Company.
8.5. The Company may impose restrictions on the scope of the license or the number of devices or types of devices on which Digital Content can be used.
8.6. If the Client violates Section 8, the Company may suspend access to the relevant Digital Content, without limiting any of the Company’s rights or remedies under this Agreement or applicable law, including the Company’s right to recover from the Client the loss suffered as a result of or in connection with the infringement including any expenses incurred.
9. Sale of Digital Content Prohibited
9.1. The Client is prohibited from selling, offering for sale, sharing, renting out, or lending Digital Content or copies of Digital Content.
10. Privacy Policy
10.1. The processing of the Client’s personal data is governed by the Privacy Policy. It is recommended that the Client prints and keeps a copy of the Privacy Policy together with this Agreement.
11. Indemnity
11.1. The Client will indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Client’s breach of this Agreement or use of the Services, or Client’s violation of any law or the rights of a third party in conjunction with Client’s breach of this Agreement or use of the Services.
12. Liability
12.1. INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR THE CLIENT’S USE, AND HE/SHE SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED ON THE WEBSITE, INCLUDING INFORMATION RECEIVED THROUGH THE CLIENT’S USE OF THE SERVICES, ARE HIS/HER SOLE RESPONSIBILITY.
12.2. THE CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER LOSSES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF a) THE USE OR INABILITY TO USE SERVICES, b) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, c) THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH LINKED WEBSITES, d) CLIENT`S RELIANCE ON ANY OF THE SERVICES, e) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SERVICES OR ANY PORTION THEREOF, f) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO POST OR STORE ANY INFORMATION, OR g) ANY MATTER OTHERWISE RELATED TO THE CLIENT'S USE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO THE CLIENT RELATING TO HIS/HER USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
12.3. A party to the Agreement shall be released from responsibility for non-fulfillment if it proves that this Agreement was not fulfilled due to force majeure. In particular, the Company shall not be liable for any losses caused by force majeure, riot, war, or natural events or due to other occurrences for which the Company is not responsible (e.g., strike, lock-out, traffic hold-ups, administrative acts of domestic or foreign high authorities). The Client must provide written notification of the occurrence of force majeure, which prevents the fulfillment of this Agreement, within 30 calendar days from the date of the occurrence of these circumstances. The Company shall inform the Client about the occurrence of force majeure by email or on the Website if possible.
12.4. Liable company: MB ‘’Sparkwell”, code 306731933, office address at Nemencines pl.86D, LT-10103 Vilnius, Lithuania, email: info@medullaclinic.com, which is provider of the Services, and the owner and the seller of the Goods, also responsible for the managing subscription services and payments for Services and Goods, refunds and chargebacks, procurement of advertisement space across various digital platforms. THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT LOSSES UNLESS OTHERWISE PROVIDED UNDER THE APPLICABLE LAWS.
12.5. Due to the nature of Services and/or Goods that the Company provides and as the Company cannot control the Client’s adherence to the provided use instructions, the Company provides no warranty as to any results or outcomes coming from using the Services and/or Goods.
12.6. When using the Services, the Client may receive links to other websites or mobile apps that are not owned and/or controlled by the Company. These are provided “as is.” The Client acknowledges and agrees that the Company is not responsible for the operation of such links. Furthermore, the Company is not responsible or liable for any content, advertising, products, or other materials that may be accessed through such links, and, therefore, the Client agrees that the Company 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 use or reliance on any such content, goods, services available on or through any such websites or mobile apps.
13. Medical Disclaimer
13.1. BEFORE TRYING GOODS BY THE COMPANY, THE CLIENT SHOULD CONSULT WITH HIS/HER HEALTHCARE SERVICE PROVIDER.
13.2. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTHCARE PROVIDERS. THE CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING HIS/HER OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTHCARE PROVIDER.
13.3. The Company encourages the Client to seek appropriate medical advice or assistance before using Company's Services.
13.4. The Client should not disregard medical advice or delay visiting a medical professional because of something he/she read on the Company’s Website or on other Company’s communication channels.
14. Validity and Termination
14.1. This Agreement is effective after the Client accepts and electronically expresses his/her consent to comply with them, and they shall remain in effect until terminated in accordance with the following section.
14.2. The Company may terminate the relationship with the Client at any time in the following cases: a) the Client does not agree with the Agreement, b) the Client commits any breach of the Agreement, c) the Client does not provide the information requested by the Company and/or provides incorrect and/or incomprehensive information. Notwithstanding the foregoing, statutory termination rights shall not be affected.
15. Changes to Agreement
15.1. This Agreement, Privacy Policy, and any additional terms and conditions that may apply are subject to change. The Company reserves the right to modify and update the Agreement from time to time, and such changes shall be effective immediately upon posting to the Company’s Website.
15.2. All amended Agreement, Privacy Policy, and any additional terms and conditions will be posted online. The Company may give notice to the Client of any upcoming changes by sending an email to the primary email address provided by the Client or notifying through the Website.
15.3. The Client understands and agrees that any continued use and access to the Services after any posted updates of the Agreement means that the Client voluntarily agrees to be bound by this Agreement. If the Client does not agree to be bound by the updated Agreement, he/she should not use (or continue to use) the Services.
16. Communication
16.1. In general, the Company prefers communication by email. By accepting this Agreement, the Client accepts communication by email. For this purpose, the Client is requested to have a valid email address and provide it when filling required information as stipulated in Section 3.2. The Company may publish information related to this Agreement or Services on the Website as well. The Client should check his/her email messages as well as information provided on the Website regularly and frequently. Emails may contain links to further information and documents.
16.2. Where applicable laws require the provision of information on a durable medium, the Company will either send the Client an email with an attachment or send the Client a notification referring to the Services with a download function to retain such information and documents permanently for future reference. It is the Client’s responsibility to keep copies of all communications from the Company.
16.3. Please be noted that we may contact you via phone on basis of Established Business Relationship Rule (as provided in TCR § 310.4 (b)(iii)(B)) to check on your order status. During the call we may also suggest you acquire other similar Goods and/or Services offered by the Company. In case you will agree to buy any Goods and/or Services offered by the company, your payment data will be processed according to our Privacy Policy and applicable telemarketing sales rules. You may opt-out from telemarketing calls at any time. You need to express your will during the call or by sending us a message at info@medullaclinic.com.
16.4. The Client may request a copy of this Agreement or any other contractual document by contacting info@medullaclinic.com.
`16.5.The communication with the Client will be made in English unless the Company and the Client agree to communicate in another language.
16.6. The Client may contact us at any time by sending a message to info@medullaclinic.com or by calling us at +44 7495 452 444.
17. Dispute Resolution
17.1. Governing Law. This Agreement is governed by the laws of Texas without regard to its principles of conflicts of law and regardless of the Client’s location.
17.2. Informal Dispute Resolution. The Client agrees to participate in informal dispute resolution before filing a claim against the Company. Any complaints in relation to the Goods and Services provided to the Client, also in relation to subscriptions, refunds, and chargebacks for the Goods and Services shall be addressed to UAB “B Company" by contacting info@medullaclinic.com. The Client should clearly indicate that a complaint is being submitted and specify the grounds and circumstances concerning the complaint. The Company will send a complaint acknowledgment to the email address from which the complaint has been received. We will consider the complaint and respond to the Client within 14 calendar days of the day of receipt of a relevant complaint. If a dispute is not resolved within 30 calendar days of the day of receipt of a relevant complaint, the Client or Company may bring a formal claim.
17.3. Arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or relating to this Agreement or any aspect of the relationship between Client and Company, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be settled by final and binding arbitration before a neutral arbitrator in lieu of a trial by a judge or jury. 17.4. The Client and the Company agree that the Client and the Company each waive the right to a trial by jury. All disputes between Client and Company shall be settled by arbitration, including, without limitation, any dispute arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocation, or validity of the arbitration provision or any part thereof. All such matters shall be decided by an arbitrator and not by a court or judge.
17.5. The Client agrees that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and the Client agrees to give up the ability to participate in a class action.
17.6. The Client may opt out of this Agreement to arbitrate by emailing info@medullaclinic.com with the Client’s first name, last name, and address within 30 days of accepting this Agreement to arbitrate, with a statement that the Client declines this arbitration agreement.
17.6. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference rather than in person, unless the arbitrator determines, at the request of the Client or the Company, that an in-person hearing is appropriate. Any in-person hearings shall be held at a location reasonably convenient to both parties, taking into account their ability to travel and other relevant circumstances. If the parties cannot agree on a location, the AAA or the arbitrator should make that determination. The arbitrator's decision shall be subject to the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, preliminary, or permanent injunctive relief or specific performance of this Agreement, but only to the extent necessary to provide the relief warranted by the individual claim before the arbitrator. The arbitrator's award may be confirmed and enforced in any court of competent jurisdiction. Notwithstanding the foregoing, nothing in this Agreement shall preclude the Client from bringing matters to the attention of federal, state, or local authorities, and, to the extent permitted by law, they may seek relief from us on their behalf.
18. Miscellaneous
18.1. No person other than the Client shall have any rights under this Agreement.
18.2. The Client may not assign any rights under this Agreement to any third party without the prior consent of the Company. The Company, at its sole discretion, may assign its rights and obligations under this Agreement in full or in part to any third party.
18.3. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
18.4. THE USE OF THE SERVICES IS SOLELY AT THE CLIENT'S OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CLIENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET THE CLIENT'S REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE. THE CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT HIS/HER SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICE IS TO CEASE TO USE THE SERVICES. THE CLIENT MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
18.5. BY USING OR ACCESSING THE SERVICES, THE CLIENT HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Disclaimer: the statements on this website have not been evaluated by the Food and Drug Administration. Medulla Clinic products are not intended to diagnose, treat, cure, or prevent any disease and are not a substitute for medical advice. Results can vary from person to person.
