I signed up for a free trial of the Wu Yi Source. Upon receiving the product, I was dismayed to learn that it was just an Oolong Tea, the kind you can buy anywhere in a store. I am a Peet's fan, so I can get quality tea from them, and not have to pay $59.95 for it. Within a few weeks, I returned the product and was well within the 60 day trial. I was impressed to receive an immediate refund of $59.95 soon after they received my return product. I actually overnighted it using my own personal business Fed X account to ensure it was delivered and signed for.
Today I discovered two charges: $9.95 and $4.95. I called the toll free number which is listed on their website, and felt that I was on a wild goose chase, because I was told that I had to cancel these so called subscriptions by calling different toll free numbers. I was told that $9.95 is a monthly fee for a Magazine? I was given a number to call to cancel this subscription and get a full refund, but when I call this number 1-866-396-5711
to cancel this monthly subscription, I was forwarded to ANOTHER toll free number. I feel I am getting a runaround to avoid accountability for these charges.
The woman I spoke to said that the toll free number was for Living Lean, and that the $9.95 charge is for Comprehensive Weight Loss, so she gave me the 1-800-989-5907 number. The voicemail message said to call Monday Friday 9:00-5:00pm Mountain Time.
The second charge for $4.95 is for an Ebook charge? I was given the 1-866-363-0187 to call; I now have to Call Monday Friday 9:00am-5:00pm
Their Terms & Conditions specifically states that as a trial member you only pay shipping and handling, and therefore would not be charged membership fees. The two fees listed above are for members who want to receive a monthly magazine (steep price) and an Ebook. These are monthly fees, so considering that I cancelled and got a full refund within 30 days (and the trial is 60 days), I shouldn't have been charged those subscription fees. I shouldn't have to be the one to track down the people and call a list of numbers to "cancel" something that shouldn't have been on the list.
I have copied their Terms & Conditions, they don't even follow their own conditions. They are violating it, and we should all place a class action lawsuit for the Hassle of cancelling, and trying to get a refund. They claim they offer a "Hassle Free" return/refund process, but it's been a hassle because of the potential monthly recurring fees in our house bank account. It would be a HUGE hassel to close our checking account/credit card just to get them to STOP/CEASE & DESIST in their monthly unauthorized charges. They lied, and they should be held accountable. Read:
Terms & Conditions
Thank you for visiting the www.wu-yisource.com website (Website). The Site is an Internet property of Wu-YiSource.com ("Wu-Yi Source, " "we" or "us"). You agree to the following Website Terms and Conditions (Terms and Conditions), in their entirety, when you: (1) access or use the Website; (2) submit an application to become a Wu-Yi Source member (Member or Membership); and/or (3) purchase products or services offered on our Website (Online Products). The Wu-Yi Source Privacy Policy (Privacy Policy) and any and all other applicable Wu-Yi Source operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the Agreement). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website in any manner or form whatsoever.
Wu-yi source is not a covered entity for purposes of the health insurance portability and accountability act of 1996 (hipaa), nor is the information provided by you to wu-yi source considered protected health information under hipaa. As such, the additional privacy and security protections afforded to consumers/patients under hipaa are not contemplated by, nor contained within, the agreement.
The information presented on the Website is provided for informational purposes only and is in no way intended as a substitute for professional medical advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition or fitness plan offered on or through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health and well-being.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your submission of applications to become a Member and/or your purchase of Online Products. The Agreement constitutes the entire and only agreement between you and Wu-Yi Source with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. Wu-Yi Source may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer (s) or product (s) made available to you on the Website that augment (s) or otherwise enhance (s) the current features of the Website shall be subject to the Agreement. You understand and agree that Wu-Yi Source is not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products.
2. Requirements. The Website, Membership and/or the Online Products offered are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Application Process.in order to obtain Online Products and/or become a Member, you must first submit the applicable application form (Application) to Wu-Yi Source for review and initial approval. Wu-Yi Source reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Website in order to obtain Online Products may include, without limitation: (a) your full name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card information; (f) current weight; (g) goal weight; (h) height; (i) gender; (j) date of birth; and/or (k) any other information requested by us on the applicable form (collectively, Registration Data). You agree to provide true, accurate, current and complete Registration Data (not including Registration Data concerning weight or personal goals), as necessary, in order to maintain it in up to date and accurate fashion. Wu-Yi Source will verify and approve all Applications in accordance with its standard verification procedures.
4. Copyright and Trademarks. "Wu-Yi Source" and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by [ ]. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively "Content") that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and [ ] owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws (see e.G. 17 U.S.C. Section 107), you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.
5. Orders/Billing.in consideration for the Online Products you receive from Wu-Yi Source, you agree to pay the Fees (as defined below). You shall have the choice to pay the Fees via the credit card or debit card that you provide as part of your Application or update as a later date (Active Credit Card). You will have up to (3) separate options to choose from when ordering Online Products on the Website (each, a supply of Wu-Yi Source Diet Oolong Tea): (a) Free Trial Offer (when available), includes shipping and handling fee of Four Dollars and Ninety-Five Cents ($4.95) (Shipping and Handling); (b) Buy 2 Get 1 Free Package for One Hundred Twenty Dollars and Zero Cents ($120.00), plus Shipping and Handling; and (c) the Buy 3 Get 2 Free Package for One Hundred Eighty Dollars and Zero Cents ($180.00), plus Shipping and Handling.
1. Free Trial Promotion and Sixty (60) Day Guarantee: Where Wu-Yi Source offers its Free Trial Promotion and you have chosen to register for such Promotion, upon submitting your initial Wu-Yi Source Application the Active Credit Card will be charged only the non-refundable Shipping and Handling for your initial fourteen (14) day trial membership (Trial Membership) and you will receive a one (1) month supply of Wu-Yi Source Diet Oolong Tea. If you do not cancel your Membership as set forth in Section 6 hereinbelow and return the one (1) month supply at your expense, which must be received by us, within fourteen (14) days of your receipt of the one (1) month supply of Wu-Yi Source Diet Oolong Tea (14 Day Trial Period), your Active Credit Card will be charged the monthly Membership fee of Fifty-Nine Dollars and Ninety-Five Cents ($59.95) (Monthly Fee). Your first three (3) month supply of Wu-Yi Source Diet Oolong Tea will be shipped thirty (30) days from the date that your initial Free Trial one (1) month supply was shipped. Thereafter, for as long as your Membership remains active, your Active Credit Card will be charged for the Monthly Fee on a monthly basis, plus Shipping and Handling every third month, for your ongoing Membership. If you decide to cancel your Membership and return your package, which must be received by us before the next charge is scheduled to come off, you will not be charged the Monthly Fee. You also get the Insider Secrets Expert Tips Package and the Comprehensive Weight Loss eBook Package that come with a seven day and twenty eight day trial period so that you can put the diet expert's extensive knowledge into practice for yourself. You're billed only four dollars ninety five cents and nine dollars ninety five cents monthly (will appear as Internet Access Fee and Membership) for as long as your unique All-Access passes remain active. These minor bonuses are non-refundable. Cancellation is hassle-free and immediate whenever you wish. (All necessary cancellation information is provided when you claim your Wu-Yi Weight Loss System today before it is released for others to claim). Any charge is made through the same account.
As an active Member, if you are not satisfied with Wu-Yi Source Diet Oolong Tea for any reason, and you cancel your Membership as set forth in Section 6 below and return the package, which must be received by us, within sixty (60) days of the date that your most recent three (3) month supply of Wu-Yi Source Diet Oolong Tea was shipped, you will be refunded any and all Monthly Fees that you have paid toward such three (3) month supply upon our receipt of all unused portions of such supply (60 Day Guarantee). All unused portions returned to us as part of the 60 Day Guarantee shall be shipped at your cost. Any and all Shipping and Handling shall remain non-refundable. All refunds associated with the 60 Day Guarantee shall be credited to your Active Credit Card.
For so long as your Membership remains active, the Monthly Fee will accrue on the first of each new month, and you will be required to pay the Monthly Fee for that month's membership. You hereby authorize Wu-Yi Source (or its partners, affiliates and/or agents) to charge your Active Credit Card all such fees associated with Membership on a monthly basis. You acknowledge and agree that Wu-Yi Source will not obtain additional authorization from you for each installment of Monthly Fees charged to your Active Credit Card. All Monthly Fees are payable in United States currency. Failure to use the Products received does not constitute a basis for refusing to pay any of the associated charges. You agree to be bound by the pricing and billing practices of Wu-Yi Source in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Wu-Yi Source reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. If you do not agree with these changes, you may cancel your Membership at any time, but you will remain responsible for timely payment of any and all Monthly Fees that you have already incurred (including any applicable late fees). Continued acceptance of Online Products and use of Membership after receipt of such notice shall constitute consent to any and all such changes.
Where Member fails to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Membership may be deactivated for non-payment of Fees. Wu-Yi Source authorization to provide and bill its Member Services is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Wu-Yi Source reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
2. Standard Pricing: Unless you have chosen the Free Trial option, upon submitting your initial Wu-Yi Source Application, your active credit card will be charged the applicable one-time fee plus Shipping and Handling and you will not be enrolled as a Member.international orders pay an additional $20.00 for shipping.
6. Cancellation of Wu-Yi Source Membership. You may cancel your Membership at any time if you are not completely satisfied with Wu-Yi Source Diet Oolong Tea. To cancel your Membership at any time, you must contact Wu-Yi Source customer services by doing one of the following: (1) contacting us via telephone at (866) 449-5567; (2) contacting us via email at [email protected]; or (3) accessing our live help option available on the Website 24/7. Please have your e-mail address and other Registration Data available for efficient processing of your cancellation order. However, unless you are canceling pursuant to the 60 Day Guarantee as set forth hereinabove, we will not refund any amounts previously paid up to the date of cancellation or termination, you shall not receive any pro-rata refund for partial months and you remain liable for any and all unpaid charges billed by Wu-Yi Source. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Wu-Yi Source. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 8 hereinbelow shall immediately terminate.
7. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website. Wu-Yi Source may terminate this license at any time for any reason. Unless otherwise expressly authorized by Wu-Yi Source, as a visitor to the Website, you may only use the Website and its Content for your own personal, non-commercial use. No part of the Website including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Content, and/or any portion thereof. You may not create any "derivative works" by altering any aspect of the Website or its Content. You may not use the Website and its Content in conjunction with any other third-party content. You may not exploit any aspect of the Website and its Content for any commercial purposes not expressly permitted by Wu-Yi Source. You further agree to indemnify and hold harmless Wu-Yi Source for your failure to comply with this Section 8. Wu-Yi Source reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
8.indemnification. You agree to indemnify and hold Wu-Yi Source, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Wu-Yi Source, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. Disclaimer of warranties. The website, the online products and/or any other products and/or services offered on the website are provided to you on an as is and as available basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose).in particular, but not as a limitation thereof, wu-yi source makes no warranty that the website, the online products and/or any other products and/or services offered on the website: (a) will meet your requirements; (b) will be uninterrupted, timely, secure or error-free or that defects will be corrected; (c) will be free of viruses or other harmful components; (d) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement; (e) will result in any specific weight loss or health-related outcome; and/or (f) will be accurate or reliable. The website, the online products and/or any other products and/or services offered on the website may contain bugs, errors, problems or other limitations. Wu-yi source will not be liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from wu-yi source or otherwise through or from the website, shall create any warranty not expressly stated in the agreement.
10. Limitation of liability. You expressly understand and agree that wu-yi source shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if wu-yi source has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the website, the online products and/or any other products and/or services offered on the website; (bi) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the site; (c) the unauthorized access to, or alteration of, your registration data and/or verified profile; (d) the failure to realize any specific weight loss or health-related outcome; and (e) any other matter relating to the website, the online products and/or any other products and/or services offered on the website. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release wu-yi source from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of wu-yi source to you under any and all circumstances will be five hundred ($500) dollars. No action, regardless of form, arising out of your use of the website, the online products and/or any other products and/or services offered on the website may be brought by you or wu-yi source more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and wu-yi source. Access to the website and/or the online products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions wu-yi sources' liability shall be limited to the maximum extent permitted by law.
11. Third Party Websites. The Website contains links to other websites on the Internet that are owned and operated by third parties. Wu-Yi Source does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Wu-Yi Source of the applicable website or any association with the website's operators. Because Wu-Yi Source has no control over such websites and resources, you agree that Wu-Yi Source is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Wu-Yi Source shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
12. Miscellaneous. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Wu-Yi Source and governs your use of the Website. Wu-Yi Source's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
13. How to Contact Us. If you have any questions about the Agreement or about the practices of Wu-Yi Source, please feel free to contact us at (866) 449-5567 or at [email protected].
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