Terms & Conditions
1. Introduction
1. These terms and conditions (the “Terms”) are the terms on which this website https://www.ascensionwellness-ny.com/ (the “Website”) is made available to you (“You”/”Your”). Please read these Terms carefully before using Our Website.
2. By using or accessing Our Website, You agree to be legally bound by these Terms as they apply to Your use of or access to Our Website.
3. If You do not wish to be bound by these Terms then please refrain from using Our Website.
4. Any products which are available for You to purchase on or via Our Website are subject to additional terms and conditions which will be notified to You when You follow the ordering procedures set out on the relevant order page.
2. Buying Products on Our Website
1. To order a product You will need to follow the ordering procedures set out on the relevant order page.
2. Details of the prices for the products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any product is the price in force at the date and time of Your order. The price of any product includes VAT but excludes any delivery charge.
3. You undertake that all details You provide to Us for the purpose of purchasing goods which may be offered by Us on Our Website will be correct, that the credit or debit card, or any electronic cash, which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of Your credit or debit card details from Your card issuer before providing You with any goods.
4. Discount codes and offers cannot be redeemed on sale, promotional items or living.
5. From time to time we will make promotional codes available. Only one code may be used per transaction. We will alert You to additional specific terms which apply to such promotional codes at the relevant time.
3. Products Sale
1. You must pay for the products by credit, debit card or Paypal account at the time of the order, at which time You will be notified of the current price.
2. We are entitled to refuse any order placed by You. If Your order is accepted, We will confirm acceptance to You by online electronic means (‘Confirmation’) to the e-mail address You have given Us on ordering. The order will then be processed within 2-3 days.
3. To cancel Your order after it has been dispatched to You, you will need to follow the Returns Policy and Procedure.
4. Reselling Products
1. Please note that all products available on Our Website are for personal use only. You may not sell or resell any of the products.
2. We reserve the right to cancel or reduce the quantity of any orders that we believe may result in the violation of our Terms.
5. Modifications to Our Website
We reserve the right to alter, suspend or discontinue any aspect of Our Website or the content or available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new products shall be subject to these Terms.
6. Information You Provide
1. The following applies to any information You provide to us, for example during any registration or ordering process:
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You authorise us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us or our sub-contractors. If You obtain or choose to buy products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as “Personal Information”;
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You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.
2. You must read Our Privacy Policy which contains important information about the use of Your Personal Information and other information regarding Your Privacy.
3. If You would like to review or modify any part of Your Personal Information then You should e-mail Us at info@ascensionwellness-ny.com
7. Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding Our Website that comes to Your attention.
8. Applicability of Online Materials
1. Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
2. Compliance with Law
We make no representations that the materials on Our Website is appropriate or available for use in locations outside the US.
3. Exclusion of Warranties
We make no warranties, express or implied that making the products available in any particular jurisdiction outside the US is permitted under any applicable non-US laws or regulations. Accordingly, if making the products or any part available in Your jurisdiction or to You (by reason of nationality, residence or otherwise) is prohibited, those products are not offered for sale to You. You accept that if you are resident outside the US, You must satisfy yourself that You are lawfully able to purchase the products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products by persons in jurisdictions outside the US or who are nominees of or trustees for citizens, residents or nationals of other countries.
9. Copyright
1. Your use of Our Website and its contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in Our Website and its contents.
2. You may not copy, reproduce, republish, download, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for Your own personal use. Subject to the above, You may download insubstantial excerpts of this content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
3. Any use other than that permitted above may only be undertaken with Our prior express authorization.
4. By submitting information, text, photos, graphics or other content to Us via Our Website, You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.
10. Linking and use of Cookies
1. You may establish links to the Website provided:
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You link only to the home page of the Website;
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You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
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You give us notice of such link by sending an e-mail message to us at info@ascensionwellness-ny.com and
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You immediately stop providing links to the Website if notified by Us.
2. We make no representations whatsoever about any other websites which You may access through Our Website or which may link to Our Website. These links are provided for Your ease of reference and convenience only. When You access any other website it is independent from Us. We have no control over the content or availability of that website. In addition, a link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. You agree that You will not involve Us in any dispute between You and the third party. Any concerns regarding any external link should be directed to its website administrator or web master.
3. Use of Cookies
3.1 As a result of viewing Our Website We may log certain information about You by using cookies. Cookies are small files which are stored upon the hard drive of Your computer. We may use cookies to:
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measure the number of visitors to Our Website;
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see how visitors navigate Our Website and to see which resources they access;
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see what visitors’ buying behaviors are to allow us to see the latest buying trends; and
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see information about visitors’ internet connections and the equipment used to access Our Website.
3.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.
3.3 The information We collect using cookies does not identify You personally. For example, it does not identify Your email address. It may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (i) the company You work for (if You access Our Website from Your place of work), or (ii) Your Internet Service Provider. It may also identify information about Your computer, for example Your operating system and browser type.
3.4 If You access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.
3.5 If You do not want a cookie to be stored in Your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie. If You refuse to accept cookies You may be unable to access certain parts of Our Website.
11. Your use of Our Website
1. You agree that in using Our Website You will not:
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use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
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use Our Website in any way that interrupts, damages, impairs or renders the Website less efficient;
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use Our Website for any purpose other than Your personal use;
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email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
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advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
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transfer files that contain viruses, trojans or other harmful programs; or
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access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.
2. We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if we have reasonable grounds to believe You have breached any of the restrictions above.
3. You confirm that:
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You will comply with the restrictions on Your use of the Website as set out in these Terms; and
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in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licenses and or approvals.
4. You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of Our Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
12. Availability of Our Website
1. We will try to make Our Website available but cannot guarantee that Our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.
2. Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
13. Liability
1. Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms shall be limited in aggregate to the net payment to Us from You for the product concerned.
2. Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or agents.
3. All content and services on Our Website are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
4. We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.
14. General
1. Alterations
We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. You must check the terms and conditions on Our Website regularly.
2. Illegality
If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
3. Jurisdiction
In the event of any dispute between You and Us concerning these Terms, relevant United Kingdom law will apply. If You wish to take court proceedings against Us You must do so within the United States. If You are buying Our products from anywhere outside the US this does not deprive You of the protection afforded to You by virtue of local laws in that territory.
4. Causes beyond Control
Neither you nor Ascension Wellness will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.
5. No Waiver
If you breach these Terms and We take no action against You, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.
15. Notices
All notices shall be given:
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to Us via e-mail at info@ascensionwellness-ny.com or
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to You at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
16. Replacement
These Terms replace all other terms and conditions previously applicable to the use of Our Website.
17. Terms and Conditions for Our Studio Gift Cards
Our studio gift cards are redeemable as part or full payment for services and products (skincare and tools) at any of our US Ascension Wellness studios and must be presented at the time of redemption. Discounts cannot be used to buy studio gift cards. Studio gift cards cannot be used to buy products or services on www.ascensionwellness-ny.com. Studio gift cards are valid for a period of twelve months from the date of purchase, are non-refundable and cannot be redeemed for cash.
18. Terms and Conditions for Our Online Gift Cards
Our online gift cards are redeemable as part or full payment for products on www.ascensionwellness-ny.com and must be presented at checkout when purchasing. Discounts cannot be used to buy online gift cards. The online gift card cannot be used to buy services. Online gift cards are valid for a period of twelve months from the date of purchase, are non-refundable and cannot be redeemed for cash.
19. Cancellation of Studio Workouts & Classes
Please be aware that if you need to change or cancel your studio booking or place at one of our Classes, we ask that you give us 24 hours notice or the full cost of the workout will be charged. This applies for all Studio Workouts and classes.
20. Running late for an appointment
Please arrive 10 minutes prior to your appointment so we can check you in.
If you’re running late, out of consideration for the next customer we may shorten the time of your service or offer an alternative service to fit within the available time frame. If this is not possible your appointment will be treated as a cancellation and you will be charged the full price of the service booked.
Please be aware that whilst we will do our best to hold your appointment slot for you, if you are more than 10-minutes late, we may give the space to another client.
21. Welcome Offer & Discount Codes
Please note welcome codes are only valid on your first product purchase and first service booking made online only. Discount codes are not transferable and not redeemable for cash, credit or toward purchases.
Ascension Wellness reserves the right to modify or cancel the discount at any time without prior notice.
22. Membership
1. This Monthly Membership Agreement (“Agreement”) is made between Ascension Wellness (referred to herein as “company”, “we”, "us" or “our”) and the member signed below (referred to herein as “Member,” “you” or “your”).
These Ascension Wellness Membership Terms and Conditions (“Terms”) apply to your Ascension Wellness monthly Membership (“Membership”) and all services provided by Ascension Wellness in connection therewith.
By signing this agreement or booking or receiving services with Ascension Wellness (such date the “Effective Date”), you agree that you have read, understand and agree to be bound by these Terms.
Ascension Wellness may update or change these Terms from time to time in order to reflect changes to any offered services, changes in the law, or for other reasons as deemed necessary by Ascension Wellness, which shall be communicated to you in writing (including, without limitation, via email). Following such notice, your continued booking and/or receiving services with Ascension Wellness shall constitute your acceptance of any updates or changes to these Terms.
2. Membership & Benefits
All sales of membership are final and non-refundable.
3. Minimum Term
You agree to the initial Membership term established at the time of signing this agreement of 2 months from the Membership start date (“Minimum Term”).
During the Minimum Term, you will not cancel your Membership. After the Minimum Term, your Membership shall automatically renew on the Membership Charge Date, unless otherwise modified or cancelled by you or terminated by Ascension Wellness in accordance with these Terms.
4. Credit expiration
You acknowledge and agree that any unused service credits from one month will expire 30 days after the Monthly membership date and are not rolled to the next month and will be forfeited if not used in that month.
Your Monthly membership Credit is not refundable and cannot be converted to cash, gift cards or product.
In the event you cancel your Membership, all unused credits and benefits will be automatically forfeited at the end of your Membership Term, and you will not be refunded for any unused credits.
5. Payments
The card connected to your membership will be automatically charged the current monthly fee (“Monthly Membership Fee”) on the same day of each membership term (Membership Charge Date), unless your Membership is cancelled by you or terminated by Ascension Wellness in accordance with these Terms.
You accept that All Payments are Non-Refundable.
You will provide Ascension Wellness up-to-date, valid payment information in the form of a credit or debit card of which you are the legal cardholder or you are authorized to use by the legal cardholder. You acknowledge and agree that you are providing such payment information and authorizing Ascension Wellness to charge the provided payment information and collect payment for the automatic, recurring Monthly Membership Fee
If your payment method is declined or is no longer valid when charged by Ascension Wellness, you will immediately supply alternative payment methods and pay any past due Monthly Membership Fees of Skip fees. In the event of your breach of these Terms, the entire remaining balance shall be immediately due and payable, and Ascension Wellness shall be entitled to suspend or terminate your Membership, upon which all unused benefits will be forfeited (in addition to all other remedies available under these Terms or at law, which Ascension Wellness does not waive by the exercise of any rights hereunder).
You accept that gift cards cannot be used to purchase memberships.
Payment Disputes: You acknowledge and agree that you are responsible for all Monthly Membership Fees unless and until you cancel your Membership or your Membership is terminated by Ascension Wellness in accordance with these Terms. You agree to immediately notify Ascension Wellness in writing in the event of a dispute for any charged amounts and cooperate with Ascension Wellness in good faith to resolve such dispute. Further, you agree that you will not initiate a dispute with your card issuer in connection with Ascension Wellness' automatically recurring billing of Monthly Membership Fees that are accurate and are billed prior to the cancellation or termination of your Membership.
Unpaid balances: Members will not be permitted to use any Ascension Wellness service until all monthly fees are paid as agreed. You are obligated to pay any collection and/or legal costs incurred by Ascension Wellness for collection of any fees. Ascension Wellness reserves the right to charge balances and overdue balances to the any account you have designated for payment under
any pre-authorization.
6. Transferring Membership
You accept that memberships are non transferable and are to be used only by you.
7. Cancellation and Termination
To cancel your Membership, you must contact Ascension Wellness by email on info@ascensionwellness-ny.com at least fifteen (15) calendar day in advance of your Membership Charge Date, following the completion of your Minimum Term and execute the Ascension Wellness Membership Cancellation Form. Ascension Wellness may terminate your Membership upon written notice to you for any reason or no reason.
8. Redemptions and Cross-Country Redemptions
Memberships credits can be redeemed at owner operated Ascension Wellness locations excluding exempted studios.
Memberships credits are redeemable in the country for which they are issued and cannot be redeemed in a different country. To clarify: For membership purchased in the US, this can only be redeemed in a US location. For a membership purchased in the US, this can only be redeemed in a US location.
You acknowledge to redeem a membership credit you will book your Service online or in studio.
Ascension Wellness standard cancellation terms and conditions apply to all bookings made with your Membership credit.
9. Membership Freezes
Members may not freeze their memberships.
10. Member’s Obligations
You shall not be relieved of your obligations to make payments agreed to, and no reduction in any payments due shall be made because of your failure to use Ascension Wellness' services. You must abide by late cancellation/no show conditions and all fees will be charged to the debit or credit card on file.
If you have an available membership credit and do not reschedule prior to the 24 hour period and are a cancel/no show, the membership credit will be utilised in place of the no show.
11. Changes
Ascension Wellness have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website. We will provide you with notice of any changes via email, or through other reasonable means.
12. Revocation of Membership
Ascension Wellness reserves the right to revoke and cancel this Membership at any time for any reason, in which case you will, no later than fifteen (15) days after such cancellation, receive a refund of current unexpired and unused credit paid pursuant to this Agreement.
13. Privacy Policy
Any information you provide or that is collected by Ascension Wellness through the provision of Services and your Membership shall be handled in accordance with the Company’s Privacy Policy. This Agreement, and all documents and information incorporated by reference, contain the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.
Definitions
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“Agreement Date” is defined as the date you signed this Agreement.
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“Service” is defined as a base Ascension service
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“Products” are defined as retail products available for purchase in the retail section of a Ascension Wellness studio. Exclusions may apply at certain times.
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“Membership Charge Date” is the date that your debit or credit card will be charged for your monthly membership.
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“Membership Term” is defined as the period beginning with a Membership Charge Date and ending on the day before the next Membership Charge Date which is thirty (30) days in length
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“Minimum term” Is defined as the minimum length of time you are bound by this agreed. This is 2 months from the Membership start date
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“Events” are scheduled online at https://www.ascensionwellness-ny.com/awevents
ENTIRE AGREEMENT: Except for the rules, regulations and schedules posted at Ascension Wellness or issued orally by Ascension Wellness from time to time at its discretion, all of which are incorporated into this agreement, this contract constitutes the entire and exclusive agreement between the parties relating to the subject matter hereto and supersedes any oral or other written understanding. This contract may be modified only in writing executed by a duly authorized representative of Ascension Wellness. Employees are not authorized to make any independent agreements with any Members.
WAIVER OF LIABILITY: YOU AGREE TO ASSUME, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FULL RESPONSIBILITY FOR YOUR USE OF THE FACILITY AND HEREBY RELEASE Ascension Wellness FROM ANY AND ALL LOSS, THEFT, CLAIM, INJURY, DAMAGE, OR LIABILITY, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF Ascension Wellness, ITS AFFILIATES, AGENTS, OR EMPLOYEES. YOU FURTHER AGREE THAT Ascension Wellness SHALL NOT BE LIABLE ON ANY THEORY OF LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOSS OF PROFITS, BUSINESS OR ANTICIPATED SAVINGS), ARISING OUT OF, IN CONNECTION WITH OR AS A RESULT OF THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. FURTHER, YOU SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS Ascension Wellness, AND EMPLOYEES AGAINST ANY AND ALL LIABILITY ARISING OUT OF YOUR PRESENCE AT THE FACILITIES.
23. Mobile Terms of Service
The Ascension Wellness mobile message service is operated by Ascension Wellness (“Ascension Wellness”, “we”, or “us”). Your use of the service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Ascension Wellness' SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ascension Wellness through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ascension Wellness. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Ascension Wellness or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ascension Wellness mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Ascension Wellness or email info@ascensionwellness-ny.com
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.