Terms

 

WHO WE ARE AND HOW TO CONTACT US

https://wellsum.io is operated by Wellsum LTD (Wellsum, we and us). We are registered in the UK under company number 14177530 and have our registered office at 1 Charterhouse Mews, London, United Kingdom, EC1M 6BB.

Practitioners/clinics are contracting with Wellsum and our payment provider SwanPay Ltd for transactions. End users/clients who book an appointment or procure a product are contracting with Wellsum and our payment provider Swanpay Ltd for transactions.

To contact us concerning either Wellsum or Swanpay LTD, please email hello@wellsum.io.

BY USING WELLSUM YOU ACCEPT THESE TERMS

By using Wellsum, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use Wellsum. We recommend that you print a copy of these terms for future reference.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time. Every time you wish to use Wellsum, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the 4th September 2025.

WE MAY MAKE CHANGES TO WELLSUM

We may update and change Wellsum from time to time to reflect changes to our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW WELLSUM

We do not guarantee that Wellsum, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Wellsum for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access Wellsum through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may prevent or suspend your access to Wellsum if you do not comply with any part of these terms of use or policies to which they refer or any applicable laws.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

You must keep secure your user identification code, password and/or any other piece of information we provide to you and treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@wellsum.io.

HOW YOU MAY USE MATERIAL ON

We are the owner or the licensee of all intellectual property rights in Wellsum and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Unless otherwise specified, you may print off one copy, and may download extracts, of any page(s) from Wellsum for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on Wellsum must always be acknowledged. You must not use any part of the content on Wellsum for commercial purposes without obtaining consent from us to do so. If you print off, copy or download any part of Wellsum in breach of these terms of use, your right to use Wellsum will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

We allow third party sellers (Suppliers) to list and sell their products on Wellsum. We help facilitate transactions for the sale and purchase of products, including the processing of payments and refunds at the Supplier’s request, however we are neither the buyer nor the seller of the Supplier’s products. Wellsum provides a venue for Suppliers and buyers to complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between you and the Supplier.

If you are a Supplier, additional terms apply. These terms are set out in Appendix 2

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

The information, materials and functions contained in Wellsum including text, graphics, links or other items are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we disclaim all warranties, representations and undertakings whatsoever, express or implied, specifically including but not limited to warranties of satisfactory quality, fitness for a particular purpose, freedom from computer viruses and non-infringement of third parties’ rights.

Except for any legal responsibility that cannot be excluded in law (such as for death or personal injury), we are not legally responsible for any:

  • any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use Wellsum;
  • losses that:
    • were not foreseeable to you and us when these terms were formed; or
    • that were not caused by any breach on our part;
  • business losses; and
  • losses to non-consumers

The descriptions and specifications of Products on Wellsum are only approximate and supplied to us by Suppliers and/or the manufacturers of the specific brands/products. We reserve the right to make changes which do not materially affect the quality or performance of those Products. We may correct any error appearing on Wellsum or withdraw any Product from sale without incurring any liability. Product images displayed are for demonstration purposes only, actual size or strength may differ. Before you order any Product we recommend that you check the actual size, strength and ingredients and any other particulars of the Product with the relevant Supplier.

HEALTH DISCLAIMER

Information contained on Wellsum concerning Products and health conditions is provided solely for general interest and should not be used to diagnose a health problem or replace professional medical advice. In all cases you should first refer to a General Practitioner or other qualified health professional to diagnose any health concern that you or any third party has and for guidance as to the appropriate treatment, including the use of any Products. You acknowledge and agree that Wellsum functions purely as a marketplace for the Products and we expressly exclude all liability for any loss (direct, indirect, or consequential) in relation to your or any third party’s use of any Products, including without limitation, in relation to the treatment of any medical condition.

EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these terms of use caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident. For the avoidance of doubt, nothing in this clause shall excuse you from any payment obligations under these terms.

NO AGENCY

Nothing in these terms is intended to constitute us as your agent or authorise us to enter into any commitments for or on your behalf.

DATA PROTECTION

Please read our privacy policy to understand how we use and protect the information you provide to us (a copy of our privacy policy can be accessed here: https://wellsum.io/privacy

In relation to any personal data of any third party including, without limitation, that of your clients (together, Third Parties) which you upload to Wellsum or otherwise share with us, you and us shall comply with our respective obligations, and have our respective rights, as set out in Appendix 1 to these terms (Data Protection).

In addition, you shall: (a) ensure that you have all necessary fair processing notices and consents in place from Third Parties to enable lawful transfer of any personal data you share under or in connection with Wellsum. This includes giving notice that, on termination of your Wellsum account, any personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees; and (b) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

For the purposes of this section: (a) Permitted Recipients means us, our employees, any third parties engaged to perform obligations in connection with Wellsum; and (b) personal data shall have the meaning set out in Appendix 1 to these terms.

PROHIBITED USES AND VIRUSES

You may use Wellsum only for lawful purposes. You may not use Wellsum:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
  • for the purpose of harming or attempting to harm minors in any way.

You also agree not to access without authority, interfere with, damage or disrupt:

  • any part of Wellsum;
  • any equipment or network on which Wellsum is stored;
  • any software used in the provision of Wellsum; or
  • any equipment or network or software owned or used by any third party.

We do not guarantee that Wellsum will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Wellsum. You should use your own virus protection software. You acknowledge and agree that

RULES ABOUT LINKING TO WELLSUM

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to Wellsum in any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on Wellsum other than that set out above, please contact hello@wellsum.io.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

These terms of use, their subject matter and their formation, are governed by the laws of England and Wales. You and we both agree that the courts of UK will have exclusive jurisdiction over any claim arising from, or related to, these terms of use.

END USER

  • Initial contact for complaints or concerns should be raised directly with the clinic from whom the booking or purchase was made.
  • In the event that you are unable to reach a satisfactory recourse, then Wellsum will endeavor to resolve the issue with all parties involved.
  • In the event you are unable to make contact with your clinic directly you can contact Wellsum at support@wellsum.io

APPENDIX 1

DATA PROTECTION

1.1 In this Appendix:

“Applicable Law” means all applicable laws, statutes, regulations, regulatory requirement, subordinate legislation or other law or mandatory guidance or code of practice; or (b) judgment of a relevant court of law, or sanction, directive, order or requirement of any regulatory authority, from time to time in force in any applicable jurisdiction;

“biometric data”, “Controller” (or data controller), “Processor” (or data processor), “data concerning health”, “Data Subject”, “genetic data”, “international organisation”, “Personal Data” and “processing” all have the meanings given to them in DP Laws;

“DP Laws” means any Applicable Law relating to the processing, privacy, and use of Personal Data, that applies to the User, the Supplier and/or the Services, including: (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), in each case, as in force and applicable, and as amended, supplemented or replaced from time to time;

“Personal Data Breach” means a breach of security or other action or inaction leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Protected Data;

“Protected Data” means Personal Data received from or on behalf of the User, or otherwise obtained or created in connection with the performance of the Supplier’s obligations under this Agreement. Protected Data may include Personal Data of the User’s clients and other third parties, including, without limitation, names, contact details, digital and physical addresses, genetic data, biometric data and data concerning health (all have the meanings given to them in DP Laws);

“Services” means any and all services to be provided by Wellsum under this Agreement;

“Supplier” means Wellsum Ltd (Wellsum, we and us), registered under UK company number 14177530 and with its registered office at 1 Charterhouse Mews, London, United Kingdom, EC1M 6BB; and “User” means any user of Wellsum.

1.2 The parties agree that, for Protected Data, the User shall be the Controller and Wellsum shall be the Processor.

Compliance with DP Laws and this Appendix

1.3 Each party shall comply with DP Laws and its obligations under this Appendix.

Processing Instructions

1.4 The Supplier may process Protected Data for the purposes of providing the Wellsum platform and performing its obligations as described in the terms of use to which this Appendix 1 is appended, for the period of time the User holds a Wellsum account.

1.5 The Supplier shall:

1.5.1 only process the Protected Data on the User’s instructions;

1.5.2 inform the User:

(a) of any requirement under Applicable Law that would require the Supplier to process the Protected Data other than on the User’s documented instructions; or

(b) if any User instruction does not comply with DP Laws;

1.5.3 implement and maintain appropriate technical and organisational measures in relation to its processing of Protected Data so as to ensure a proportionate level of security in respect of the possible risk posed to the Protected Data;

1.5.4 not use another party to process Protected Data without the User’s prior written consent and, if the User gives its consent, the Supplier shall appoint such sub-processor under a binding written contract which imposes the same data protection obligations as are contained in this Agreement on the sub-processor. The Supplier shall be liable for the acts and omissions of its sub-processors to the extent that the Supplier would be liable if performing the services of each sub-processor directly under this Agreement;

1.5.5 ensure that its personnel processing Protected Data have agreements requiring them to keep Protected Data confidential;

1.5.6 assist the User with the User’s obligations to respond to any requests made by Data Subjects exercising their rights under DP Laws, including to ensure that such requests it receives are recorded and then referred to the User within three days of receipt of the request;

1.5.7 provide reasonable assistance, information and cooperation to the User to ensure compliance with the User’s obligations under DP Laws;

1.5.8 not transfer any Protected Data to any country outside the European Economic Area or to any international organisation without the User’s prior written consent. If the User consents, the Supplier shall ensure that such transfer (and any onward transfer):

(a) is pursuant to a written contract;

(b) is subject to appropriate safeguards; and

(c) otherwise complies with DP Laws;

1.5.9 allow for and contribute to audits, including inspections, carried out by or on behalf of the User to determine the Supplier’s compliance with its obligations under DP Laws;

1.5.10 notify the User of any Personal Data breach (and provide the Users with details of such breach) without undue delay (but no later than 48 hours after becoming aware of the Personal Data Breach); and

1.5.11 at the User’s written request, either delete or return all the Protected Data to the User after the User ceases to hold a Wellsum account.

APPENDIX 2

SELLER/SUPPLIER TERMS

1.1 The terms set out in this Appendix are applicable to all Sellers that sell products on Wellsum and are supplemental to and form part of the terms of use to which this Appendix is appended.

Your responsibilities

1.2 By allowing your products and/or services to be listed on Wellsum for sale to Wellsum users (your Products), you agree that:

1.2.1 you are the seller and will identify yourself as such in all information included or provided in connection with your Products as the person to which a user may return the applicable product;

1.2.2 you are responsible for putting in place appropriate terms and conditions of sale with users that order your Products, which must comply with all applicable laws and not prejudice these terms of use in any way;

1.2.3 you will determine and charge shipping and handling charges, if applicable;

1.2.4 you are responsible for the fulfilment of orders and any cancellations, variations and/or returns;

1.2.5 Swanpay Ltd is responsible for the processing of all payments and refunds which must be routed through the payment platform linked to Wellsum

1.2.6 you are responsible for the collection and payment of any and all taxes together with issuing VAT invoices where required. We are not responsible for collecting, remitting or reporting any VAT or other taxes arising from any sale;

1.2.7 you are responsible for any non-performance, non-delivery, incorrect delivery, theft or other error or act in connection with fulfilment and delivery; and

1.2.8 you are responsible for any non-conformity, defect or safety concern related to any of your Products.

1.3 You will provide in the format we require correct and complete information for each of your Products that you make available to be listed for sale on Wellsum.

Materials

1.4 In this Appendix, Materials means all content, product information, data, materials, and other items or information provided or made available by you or your affiliates to us and/or on Wellsum and any intellectual property rights arising from the same.

1.5 You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, reproduce, display, distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise exploit in any manner, any and all of your Materials.

Licence

1.6 You will ensure that your Materials, your Products (including packaging) and the offer and sale of any of the same on Wellsum comply with all applicable laws and do not violate any copyright, trade mark, design, database or other rights of any third party.

Control of Wellsum

1.7 Notwithstanding anything to the contrary in these terms of use, we have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of Wellsum and to delay, suspend the listing of, refuse to list and de-list any of your Products on Wellsum. The payment platform may block payment for any order which it believes is likely to be fraudulent, in which case the user order may be cancelled.

Warranties

1.8 You warrant to us that:

1.8.1 if you are a business, you are validly existing and in good standing under the laws of the territory in which your business is registered;

1.8.2 you have the right to agree to these terms of use and perform your obligations and grant the rights and licences contemplated by these terms of use;

1.8.3 any information provided or made available by you or your affiliates to us is correct and complete, and you will promptly update such information as necessary to ensure it at all times remains correct and complete; and

1.8.4 you and your subcontractors, agents and suppliers will comply with all applicable laws in your performance of your obligations and exercise of your rights under the terms of use.

Indemnity

1.9 You release and shall indemnify, defend and hold harmless us and our officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, reasonable legal fees) arising from or related to:

1.9.1 your actual or alleged breach of these terms of use;

1.9.2 any failure by you to discharge any of your responsibilities under these terms of use;

1.9.3 any sales channels owned or operated by you, your Products (including the offer, sale, fulfilment, refund, cancellation, return or adjustments of your Products), your Materials, any actual or alleged infringement of any intellectual property right by any of the foregoing; and/or

1.9.4 your taxes.

Confidentiality

1.10 You may receive information relating to us or Wellsum, including without limitation transaction information, which is not known to the general public (Confidential Information). You agree that:

1.10.1 all Confidential Information will remain our property;

1.10.2 you and your affiliates will use Confidential Information only as is reasonably necessary for the sale of your Products on Wellsum;

1.10.3 you will not, and will procure that your affiliates do not, directly or indirectly otherwise disclose Confidential Information to any third party; and

1.10.4 you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these terms of use.

Relationship

1.11 You and we are independent contractors, and nothing in these terms of use will be construed to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. We are not an intermediary between you and Wellsum use

  • 3rd party suppliers are able to provide their products via the Wellsum platform to enable the practitioner to sell these products directly to the consumer.
  • Before placing an order, we recommend that you review the Supplier’s terms of sale in order to confirm (without limitation) the Supplier’s policies regarding product availability, delivery, cancellation and returns (which may incur additional costs and charges).
  • In the event that an order is placed with the supplier, the supplier will distribute these products directly to the consumer.
  • In the event that products are returned by the consumer, they will be returned to the supplier directly and Swanpay Ltd will hold responsibility for the refunding process.
  • You and the Supplier are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of products.
  • Unless otherwise specified, the price of any products shown on Wellsum are provided by the supplier and prices are liable to change at any time should the supplier decide this.