Terms & Conditions | Orcanit Wellness

Orcanit Wellness Terms & Conditions

Last Updated: June 16, 2025

1. Introduction and Agreement to These Terms

Welcome to Orcanit Wellness! These Terms & Conditions ("Terms") govern your access to and use of the Orcanit Wellness website located at https://www.orcanit.com (the "Website") and all services, content, and features provided through it (collectively, the "Orcanit Wellness Service").

By accessing or using any part of the Orcanit Wellness Service, you are confirming that you have read, understood, and agree to be legally bound by these Terms. If you don't agree with any part of these Terms, please do not use the Orcanit Wellness Service.

These Terms form a contract between you and Orcanit Wellness (referred to as "Orcanit Wellness," "us," "we," or "our"), located at 4110 Redwood Rd Ste #102, Oakland, CA 94619, United States.

We may update these Terms from time to time. We'll post any changes on this page, and for significant changes, we'll aim to provide you with advance notice (e.g., via email or a prominent notice on our Website). Your continued use of the Service after any updates means you accept the new Terms.

2. Definitions and Key Terms

To make these Terms as clear as possible, here's what certain terms mean:

Account: Your user account registered with Orcanit Wellness to access specific features or services.
Company / We / Us / Our: Refers to Orcanit Wellness, located at 4110 Redwood Rd Ste #102, Oakland, CA 94619, United States.
Content: Any text, images, audio, video, data, or other materials and information available on or through the Orcanit Wellness Service.
Cookies: Small data files stored on your device by your web browser. We use them to enhance website functionality, remember your preferences, and gather analytics. For full details on how we use cookies and your choices, please see our [Link to Privacy Policy].
Device: Any internet-connected device (e.g., phone, tablet, computer) you use to access the Orcanit Wellness Service.
Service: Refers to the online services provided by Orcanit Wellness through the Website, including but not limited to online appointment booking for wellness services (e.g., Tui Na, Reiki, Swedish Deep Tissue Massage), informational resources, and any related features offered on our platform.
Third-Party Services: Refers to services or content provided by other entities, such as payment processors, analytics providers, or external websites linked from our Service.
Website: Orcanit Wellness's primary online platform, accessible at https://www.orcanit.com.
You / User: Refers to the individual or entity accessing or using the Orcanit Wellness Service.

3. Your Account and Responsibilities

If you create an Account with us:

Accuracy: You agree to provide accurate, current, and complete information during registration and to keep it updated.
Account Security: You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You must notify us immediately of any unauthorized use or security breach of your Account.
Eligibility: By using the Service, you confirm you are at least 18 years old or have obtained legal parental or guardian consent to agree to these Terms.
Acceptable Use: You agree to use the Service only for lawful purposes and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited conduct includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Service.

4. Privacy and Data Protection

Your privacy is extremely important to us. Our practices regarding the collection, use, storage, and disclosure of your personal information are detailed in our separate Privacy Policy. This Privacy Policy is an integral part of these Terms and is legally binding.

By using the Orcanit Wellness Service, you acknowledge and agree to the data practices described in our Privacy Policy, which outlines:

What Data We Collect: Types of personal data (e.g., name, contact info, booking history) and usage data (e.g., IP address, Browse activity) we gather.
How We Collect It: Directly from you (e.g., when you book an appointment, create an account) and automatically through technologies like Cookies.
Why We Collect It: For providing and improving our Service, processing transactions, personalizing your experience, communicating with you, and for legal compliance.
How We Use Your Data: To facilitate your bookings, send appointment reminders, manage your Account, and enhance our services.
How We Share Your Data: With necessary third-party service providers (e.g., payment processors, scheduling platforms), or when required by law.
Your Data Rights: Your rights to access, correct, delete, or object to the processing of your personal information.
Cookie Consent & Management: Information on how we use Cookies and how you can manage your cookie preferences. Our Website utilizes a cookie consent banner to facilitate your choices.

We encourage you to review our [Link to Privacy Policy] thoroughly to understand our commitments to your data privacy.

5. Returns, Refunds, and Cancellations

We want you to have a positive experience with Orcanit Wellness.

Service Purchases: For services like massage appointments, our cancellation and refund policy is detailed during the booking process and in your confirmation email. Generally, changes or cancellations made within a specified timeframe (e.g., 24-48 hours before your appointment) may incur a fee or result in forfeiture of your payment.
Contact Us: If you are not completely satisfied with any service you received, please contact us directly. We are committed to addressing your concerns and will discuss any issues you are experiencing.

6. Intellectual Property

The Orcanit Wellness Service and all its original Content, features, and functionality (including but not limited to text, graphics, logos, images, audio, video, software, and their design, selection, and arrangement) are owned by Orcanit Wellness, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License: Orcanit Wellness grants you a revocable, non-exclusive, non-transferable, limited license to access and use the Website and Service strictly in accordance with these Terms.
Restrictions: You agree not to copy, modify, reproduce, download, distribute, sell, rent, lease, assign, or create derivative works from any part of the Orcanit Wellness Service without our express prior written permission.
Your Suggestions: Any feedback, comments, ideas, improvements, or suggestions you provide to Orcanit Wellness ("Suggestions") become our sole and exclusive property. We are free to use, copy, modify, publish, or redistribute these Suggestions for any purpose and in any way, without any credit or compensation to you.

7. Third-Party Services and Links

The Orcanit Wellness Service may display, include, or provide links to third-party content (e.g., payment gateways, scheduling software, external articles) or third-party websites or services ("Third-Party Services").

You acknowledge and agree that Orcanit Wellness is not responsible for the content, accuracy, legality, privacy practices, or any other aspect of Third-Party Services. We do not endorse or assume any liability for any Third-Party Services. Your access and use of any Third-Party Services are solely at your own risk and are subject to their respective terms and conditions and privacy policies.

8. Changes to Our Service & Terms

Service Modifications: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Orcanit Wellness Service or any part of it, with or without notice, and without liability to you.
Updates to Features: We may periodically provide enhancements or improvements ("Updates") to the features and functionality of the Service. These Updates may include patches, bug fixes, or new features. You agree that Updates are an integral part of the Service and are subject to these Terms. We are not obligated to provide any specific Updates or to continue providing any particular features or functionalities.
Terms Updates: We may revise these Terms as necessary to reflect changes in our Service, our policies, or applicable laws. We will notify you of material changes (e.g., via prominent notice on our Website or through our Service) before they take effect, giving you an opportunity to review them. By continuing to use the Service after such changes, you agree to be bound by the updated Terms. If you do not agree, you can stop using the Service.

9. Disclaimer of Warranties

The Orcanit Wellness Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, Orcanit Wellness, on its own behalf and on behalf of its affiliates and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, Orcanit Wellness makes no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.

10. Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of Orcanit Wellness and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you to Orcanit Wellness for the Service in the 12 months preceding the event giving rise to the claim, or $100.00 USD, whichever is greater.

To the maximum extent permitted by applicable law, in no event shall Orcanit Wellness or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if Orcanit Wellness or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. Indemnification

You agree to indemnify and hold Orcanit Wellness and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your: (a) use of the Orcanit Wellness Service; (b) violation of these Terms or any applicable law or regulation; or (c) violation of any right of a third party.

12. Governing Law and Dispute Resolution

Governing Law: These Terms and your use of the Orcanit Wellness Service are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.
Agreement to Arbitrate:Informal Resolution: We strongly encourage you to first contact us at info@orcanit.com to seek a resolution for any dispute or claim arising from these Terms or the Service. We'll attempt to resolve the matter through informal negotiation for at least sixty (60) days.
Binding Arbitration: If an informal resolution isn't reached, any remaining dispute, claim, or controversy will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will take place in Oakland, California.
Waiver of Jury Trial & Class Action: You and Orcanit Wellness understand and agree that by entering into this arbitration agreement, you are waiving the right to a trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. All claims and disputes must be arbitrated on an individual basis and not on a class basis. This waiver applies to all disputes, except for claims seeking injunctive or equitable relief regarding the enforcement or validity of your or Orcanit Wellness's intellectual property rights.

13. Miscellaneous Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by Orcanit Wellness on the Service, constitute the entire agreement between you and Orcanit Wellness concerning the Service.
No Waiver: Our failure to exercise any right or provision under these Terms will not constitute a waiver of that right or provision.
Force Majeure: Orcanit Wellness will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
No Guarantees: Orcanit Wellness provides no warranties or guarantees beyond what is stated in these terms. We are not responsible for any content, code, or any other imprecision.
Typographical Errors: In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to refuse or cancel any orders placed for the product/service listed at the incorrect price.

14. Contact Us

Don't hesitate to contact us if you have any questions about these Terms & Conditions.

Via Email: info@orcanit.com
Via Phone Number: +1 510-761-5503