5-Point Wellness, LLC Terms and Conditions Purchases

A. Terms & Conditions Purchases

Each item in your order is sold by 5-Point Wellness, LLC and all transactions are handled by the 3rd party merchants (e.g. Braintree, PayPal, Android pay, Apple Pay etc.).

Those items for shipment to countries outside of the United States of America may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.

With respect to each item for which Import Fees have been calculated, you authorize 5-Point Wellness, LLC’s or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.

"Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of the United States By placing your order, you agree to allow 5-Point Wellness, LLC’s and/or Merchant (as applicable) to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country.

You further agree that the Designated Carriers may disclose to 5-Point Wellness, LLC’s or Merchant (as applicable) the amount of actual Import Fees levied on the item you have purchased from 5-Point Wellness, LLC’s and/or Merchant ("Actual Import Fees"). In the event that the Import Fees Deposit exceeds the Actual Import Fees, 5-Point Wellness, LLC’s or Merchant (as applicable) will refund the difference to you.

In the case of gifts or other purchases made on behalf of another recipient, the purchaser also agrees to grant the foregoing authorizations on behalf of the recipient designated in your order.

To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation.

These terms and conditions are in addition to the standard Conditions of Use of the 5-Point Wellness, LLC website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States.

Please note that Merchants participating in the International Direct program may have policies that differ from 5-Point Wellness, LLC’s's terms and conditions. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items.

B. Limitations

For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from 5-Point Wellness, LLC.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

C. Privacy

Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities.

Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws.

If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form.

Customs authorities require the value of the gift item to be stated directly on the package.

5-Pointwellness, LLC Platinum Program
Terms & Conditions (Version: January 2018)

The 5-Pointwellness, LLC Platinum ("Program") is operated by 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our"), operating the Online Store and Retail Outlets (as defined below). Your participation in the Program is governed by these 5-Pointwellness, LLC Membership Program Terms and Conditions (“Terms and Conditions”). By applying for membership of the program, you agree that you have read and understood these Terms and Conditions and agree to be bound by the terms herein.

1. Definitions

1.1 In these Terms and Conditions, the following words shall be construed as follows:

  • Platinum Service Membership Hotline" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time.
  • Platinum Membership is located our website located at www.fivepointwellnes.com.
  • “Member” means a registered member of the Program.
  • “Virtual Membership” means the membership card issued to you for enjoyment of benefits upon your successful registration with the Program.
  • “5-Pointwellness, LLC Membership” means Virtual Membership.
  • “Third Party Service Providers” means third party service providers working with us and/or engaged by us to provide services including (i) data entry; (ii) customer database management; (iii) customer contact; and (iv) secure data disposal services, including personal data, (v) other 3rd parties as contracted.
  • “Our Business Partners” means any merchant(s) that may be contracted and/or invited to join the Program from time to time.
  • “Retail Outlets” means 5-Pointwellness, LLC specialty online stores, counters and point of sales in the United States of America operated by 5-Pointwellness, LLC and/or other third party(ies) designated by us from time to time.
  • “Excluded Items” means “Today's Special" items, fixed price items, range discount, gift vouchers, gift cards, counters/pharmacy counter products, card value-adding services and the shipping materials or plastic shopping bag charging or any other items as determined by 5-Pointwellness, LLC from time to time.
  • “5-Pointwellness, LLC products” meant for the purpose here under, those 5-Pointwellness, LLC products at the online or Retail Outlets or such other products as determined by 5-Pointwellness, LLC.

2. Application of the Terms and Conditions

2.1 These Terms and Conditions is an agreement between you and 5-Pointwellness, LLC.

2.2 These Terms and Conditions may be amended from time to time without prior notice to you.

2.3 When possible, we will communicate with you about material changes to the Terms and Conditions.

2.2 From time to time our Business Partners may be invited to join the Program in order to offer you more rewards and targeted offers.

3. Membership Eligibility

3.1 You verify that you as an applicant are age 18 or older. 5-Point Wellness, LLC allows anyone 18-years of age or older of any race, creed, religious affiliation, or sexual orientation etc. to be a member.

3.2 You agree that in order to be registered as a Platinum Member, applicants must spend $49.95 USD as a one- time payment reoccurring annually from the time of purchase.

3.3 You warrant and represent that the information provided in the application form is true, accurate, complete, and legal.

3.4 You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.

3.5 You agree to allow 5-Point Wellness, LLC use the information you provide us when you register as a Member, to help us provide you with carefully selected offers that may be of interest and value to you. For details of the way that we may use your personal data (“Personal Data”), please refer to our Privacy Policy and Personal Information Collection Statement located at the www.fivepointwellness.com Website.

3.6 You agree that 5-Point Wellness, LLC will only issue one Virtual Membership linked to only one single account.

3.7 You agree that 5-Point Wellness, LLC have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.

3.8 You agree that if you bought products prior to purchasing a virtual 5-Point Wellness, LLC membership, you will be charged the full price listed on the website at the time of the purchase. You agree that under no certain circumstances will the membership prices be applied retroactively to purchases made prior to procuring the membership.

3.9 You agree as a Member you can enquire about your virtual membership any time after being issued the virtual membership via the online portal, e-mail, chat-help desk.

4. The Membership, Rewards and Special Offers

4.1 The Program is a rewards Program provided by us. Offers, services and terms and conditions may be varied from time to time. Please visit “our” website for details on the latest promotional offers.

4.2 Benefits will be governed by the rules applicable to a specific promotion, and may expire after the end of that promotion.

4.3 Members may enjoy discounts at the 5-Pointwellness, LLC website and participating retail stores for the purchase of 5-Pointwellness, LLC products.

4.4 Members may use their 5-Pointwellness, LLC virtual Membership to enjoy discounts and/or other benefits in 5-Pointwellness, LLC stores outside the USA ("Overseas Benefit") and other such places as may be determined by 5-Pointwellness, LLC.

4.5 To continue enjoying the Overseas Benefit, Members may be required to renew this benefit annually before the expiration of each 12-month period commencing from the date of initial registration with the Program. Members can only renew their membership by visiting the fivepointwellness.com website and following all applicable instructions.

5. Replacement of or Recovery of 5-Pointwellness, LLC Membership

5.1 Your virtual membership is tied to your user name and password that “you” created upon registering at at our website. This information can be retrieved at no-charge simply by following the online instructions when retrieving or resetting your user name and password.

6. Cancellation of your Membership

6.1 You can cancel your membership at any time for any reason. Simply follow the online instruction for cancelling your membership. Upon cancelling your membership all rights, privileges, and benefits that were enjoyed prior to the cancellation, with regards to the 5-Point Wellness, LLC membership program, will no longer be available. The only way to reinstate these privileges is to register and pay for a new membership.

6.2 If you cancel your membership prior to the expiration time frame, then no refunds will be issued.

7. Limitation of Liability

7.1 By becoming a Member, you acknowledge and accept that your participation in the Program is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in the Program or the use of your 5-Pointwellness, LLC Membership. Without limiting the foregoing:

7.2 To the extent permitted by law, all information and materials provided in connection with the Program are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.

7.3 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising: out of your participation in the Program or your use of the 5-Pointwellness, LLC Membership; in connection with any rewards received in connection with the Program; or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behavior, negligence or, under any other cause of action.

8. Personal Data and information

8.1 In order for you to become a Member, it is necessary for you to provide us with your Personal Data marked as “mandatory” on the 5-Pointwellness, LLC Platinum application form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with certain services. It is optional for you to provide any Personal Data that is not marked as "mandatory".

8.2 You expressly agree and acknowledge that your data (including the Personal Data) provided for the Program shall be used to update your personal profile(s) in any of our rewards Programs. However, to the extent permitted by law, we will not be responsible for completeness and accuracy for such data update and you are thereby encouraged to check and update your personal profiles of the Program and/or our other rewards Programs (if any) whenever necessary. All Personal Data shall be managed in accordance with the Personal Data (Privacy) as outlined in US law and 5-Pointwellness, LLC’s Privacy Policy which is posted at our website and any Personal Information Collection Statement specified on the 5-Pointwellness, LLC Platinum application form.

9. English Version Prevails

9.1 If there is any inconsistency or conflict between the English and native language of the country of origin regarding these Terms and Conditions, the English version shall prevail.

10. Governing Law

10.1 The Terms and Conditions shall be governed by the laws of the United States of America, and 5-Pointwellness, LLC and the Member agree to submit to the exclusive jurisdiction of the courts located in Salt Lake City, Utah, of the United States of America State of Utah.

11. General

11.1 At times the Five Point Wellness, LLC website may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.), we will take all reasonable steps to ensure that the Platinum Website and/or on-line chat help desk will resume service as soon as reasonable practicable after the scheduled maintenance or breakdown.

11.2 Offers, benefits and 5-Pointwellness, LLC Membership are personal to an individual Member and cannot be transferred and/or assigned to any other person.

11.3 We may provide you with new services associated with your membership from time to time, and these new services will be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.

11.4 In the event that we plan to terminate the Program, we shall give you at least three (3) months’ notice by e-mail and as well as on the Platinum Website or through such other means/channels that 5-Pointwellness, LLC deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded nor recoverable.

11.5 If you breach or we have reasonable grounds to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and/or seek to recover any damages and losses to us and/or to our Business Partners and/or Third Party Service Providers arising from and/or in relation to your breach.

11.6 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.

11.7 If we do not act in relation to a breach of these Terms and Conditions, this does not waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.

11.8 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, the Terms and Conditions are personal to and are made solely for the benefit of 5-Pointwellness, LLC and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it.

11.9 5-Pointwellness, LLC has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on our website

12. Collection of Personal Data and Privacy Policy

12.1 General Health Development Limited trading as 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our") owns and operates 5-Pointwellness, LLC in United States of America. We recognize the importance of your privacy and maintaining the confidentiality of your personal information. This Personal Information Collection Statement ("PICS") applies to all products and services provided by us and sets out how we may collect, use and disclose your personal information. We comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) ("USA Privacy Ordinance") in United States of America and the Personal Data Protection Act (Law 8/2005) (" Privacy Act") in.

12.2 Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.

12.3 We may ask you to provide personal information when you use our website and services, including when you apply for membership of 5-Pointwellness, LLC Platinum Program(s) ("Programs"). The personal data that we may ask you to supply include without limitation to salutation, name, day and month of birth, telephone number, email address and residential address ("Personal Data").

12.4 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data marked as mandatory, we may not be able to provide you with our products or services (including registering you for our Programs).

13. Use and Disclosure of Personal Data

13.1. If you provide any Personal Data to us, you authorize us to collect, retain and use Personal Data about you for the following purposes:

13.2 "Platinum Membership" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time. Verifying your identity; verifying your eligibility to participate in our Programs; providing you with rewards, birthday promotions, vouchers or services under any of our Programs or lucky draws; providing you with customer service and responding to your queries, feedback or claims; performing research or statistical analysis in order to improve our products and services and for marketing and promotional purposes; providing you with a log-in ID for our website; in connection with establishing, maintaining and/or running Programs (whether or not such programs may bear the words “5-Pointwellness, LLC” or “5-Pointwellness, LLC’s Platinum in their name, and for the avoidance of doubt, Programs shall include any sub-club or ancillary program); and making such disclosures as may be required for any of the above purposes or as required by law or in respect of any feedback or claims made by you.

13.3 You further agree that we may disclose and transfer (whether in United States of America, or abroad) your Personal Data to third party services providers engaged by us to provide (a) data entry services, (b) customer database management services, (c) customer contact services (and service providers may contact you regarding promotions, products rewards, vouchers and redemption letters and customer service), and (d) secure data disposal services ("Third Party Service Providers"). These Third Party Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).

13.4 When necessary we may also disclose and transfer (whether in United States of America, or abroad) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for purposes specified at above.

13.5 Only with your consent or with your indication of no objection, we may use your name, phone number, residential address and email address ("Marketing Data") to provide marketing materials to you relating to the 5-Pointwellness, LLC Platinum Program and/or goods and services provided by (a)5-Pointwellness, LLC’ and affiliates. Such goods and services for each of the foregoing shall include the following classes: retail, cosmetics and beauty, health, personal care, toiletries and medical, baby care, maternity care, insurance, financial, music, sports, betting (lucky draw), dining, travel, transportation, banking, electronics, home, household, textile, tele-communication, food and beverage, grocery, office and business supplies, technology, outdoor, furniture, lighting, décor, media (including digital), e-commerce platform and facilitator (including online trading, payment and auctions), and publications ("Marketing Materials”). If you wish to opt out from receiving any Marketing Materials, you may send your request in writing to the address above no fee will be charged.

13.6 We may share aggregate data that does not allow you to be identified with third parties for various purposes (including marketing and advertising), and may use this data in order to better understand your needs and to improve and adapt our products and services.

13.7 Any Personal Data supplied by you will be retained by us and will be accessible by our authorized employees, any Third Party Service Providers engaged by us and third parties referred to above, for or in relation to any of the purposes stated herein.

13.8 We may use "cookies" on our website in order to:

  • enable tighter security
  • enable online customers to keep browsing
  • personalize sites for customers
  • build online customer or visitor profiles

14. Right to Access/Correct Personal Data

14.1 Under the USA Privacy Ordinance and the Privacy Act, you have the right of access to Personal Data held by us about you and to request correction of your Personal Data.

14.2 If you have any questions regarding this PICS or if you wish to access or correct your Personal Data, you may send your request in writing to the following address: Email: fivepointwellness.com

14.3 In accordance with the USA Privacy Ordinance and the Privacy Act, we reserve the right to charge you a reasonable fee for the processing of any data access request.

15. Rights of Third Parties

15.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, this PICS is personal to and is made solely for the benefit of you and 5-Pointwellness, LLC and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of this PICS is expressly excluded and no term of this PICS is, or is intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under this PICS shall be enforceable by 5-Point Wellness, LLC.

16. Automatic Membership Payments

16.1 Definition of 'Recurring Billing' is when a merchant (5-Point Wellness, LLC) automatically charges a cardholder for specified goods or services on a prearranged schedule. Recurring billing requires the merchant to get the cardholder's permission one time up front, then continues until the cardholder withdraws permission.

16.2 When you check the box authorizing 5-Point Wellness, LLC to automatically charge your card for automatic renewal of your membership your card will be re-billed (i.e. automatically charged) based on the time interval for the level of membership you purchased. For example: if you purchased a Platinum membership then your card will be re-billed once a year based upon the initial purchase date.

16.3 Prior to your membership being renewed; you will receive an e-mail notification stating that your card will be charged in approximately 1-week.

16.4 The e-mail notification will be sent to the designated e-mail that you entered when you registered for your membership. It is your responsibility to ensure that if you change your e-mail you “must” update your e-mail with 5-Point Wellness, LLC by going to your account update.

16.5 It is not 5-Point Wellness’s responsibility to remind you to update your e-mail with your membership account. It is your responsibility to ensure that you receive the notifications of your reoccurring payments.

16.6 If you choose to delay the reoccurring payment, then your membership will be temporarily suspended until the payment is processed.

16.7 If your payment method changes, it is responsibility to ensure that you update your account with 5-Point Wellness, LLC to ensure that your membership level is in good standing.

16.8 Within one week of your membership expiring you will receive an e-mail stating that your membership will be automatically renewed. If you decide to down grade to a Gold or Silver membership, you must do so prior to the automatic renewal occurring in order to avoid any extra charges.

17. Free Shipping Terms and Conditions

17.1 When signing up for the 5-Point Wellness, LLC Platinum program the “free shipping” is standard shipping ONLY.

17.2 Standard shipping is generally delivered within 3-5 business days based upon when the shipping label is created.

17.3 When making orders online, and you select ANY other shipping methods you will be charged the corresponding amount; therefore, the free shipping is null and void.

©2018 5-Pointwellness, LLC. All rights reserved.

Personal Information Collection Statement
(Version: January 2018)

5-Pointwellness, LLC Gold Program
Terms & Conditions (Version: January 2018)

The 5-Pointwellness, LLC Silver ("Program") is operated by 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our"), operating the Online Store and Retail Outlet (as defined below). Your participation in the Program is governed by these 5-Pointwellness, LLC Membership Program Terms and Conditions (“Terms and Conditions”). By applying for membership of the program, you agree that you have read and understood these Terms and Conditions and agree to be bound by the terms herein.

1. Definitions

1.1 In these Terms and Conditions, the following words shall be construed as follows:

  • Gold Service Membership Hotline" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time.
  • Gold Membership is located our website located at www.fivepointwellnes.com.
  • “Member” means a registered member of the Program.
  • “Virtual Membership” means the membership card issued to you for enjoyment of benefits upon your successful registration with the Program.
  • “5-Pointwellness, LLC Membership” means Virtual Membership.
  • “Third Party Service Providers” means third party service providers working with us and/or engaged by us to provide services including (i) data entry; (ii) customer database management; (iii) customer contact; and (iv) secure data disposal services, including personal data, (v) other 3rd parties as contracted.
  • “Our Business Partners” means any merchant(s) that may be contracted and/or invited to join the Program from time to time.
  • “Retail Outlets” means 5-Pointwellness, LLC specialty online stores, counters and point of sales in the United States of America operated by 5-Pointwellness, LLC and/or other third party(ies) designated by us from time to time.
  • “Excluded Items” means “Today's Special" items, fixed price items, range discount, gift vouchers, gift cards, counters/pharmacy counter products, card value-adding services and the shipping materials or plastic shopping bag charging or any other items as determined by 5-Pointwellness, LLC from time to time.
  • “5-Pointwellness, LLC products” meant for the purpose here under, those 5-Pointwellness, LLC products at the online or Retail Outlets or such other products as determined by 5-Pointwellness, LLC.

2. Application of the Terms and Conditions

2.1 These Terms and Conditions is an agreement between you and 5-Pointwellness, LLC.

2.2 These Terms and Conditions may be amended from time to time without prior notice to you.

2.3 When possible, we will communicate with you about material changes to the Terms and Conditions.

2.4 From time to time our Business Partners may be invited to join the Program in order to offer you more rewards and targeted offers.

3. Membership Eligibility

3.1 You verify that you as an applicant are age 18 or older. 5-Point Wellness, LLC allows anyone 18-years of age or older of any race, creed, religious affiliation, or sexual orientation etc. to be a member.

3.2 You agree that in order to be registered as a Gold Member, applicants must spend $19.95 USD as a reoccurring payment every three months from the time of purchase.

3.3 You warrant and represent that the information provided in the application form is true, accurate, complete, and legal.

3.4 You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.

3.5 You agree to allow 5-Point Wellness, LLC use the information you provide us when you register as a Member, to help us provide you with carefully selected offers that may be of interest and value to you. For details of the way that we may use your personal data (“Personal Data”), please refer to our Privacy Policy and Personal Information Collection Statement located at the www.fivepointwellness.com Website.

3.6 You agree that 5-Point Wellness, LLC will only issue one Virtual Membership linked to only one single account.

3.7 You agree that 5-Point Wellness, LLC have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.

3.8 You agree that if you bought products prior to purchasing a virtual 5-Point Wellness, LLC membership, you will be charged the full price listed on the website at the time of the purchase. You agree that under no certain circumstances will the membership prices be applied retroactively to purchases made prior to procuring the membership.

3.8 You agree as a Member you can enquire about your virtual membership any time after being issued the virtual membership via the online portal, e-mail, chat-help desk.

4. The Membership, Rewards and Special Offers

4.1 The Program is a rewards Program provided by us. Offers, services and terms and conditions may be varied from time to time. Please visit “our” website for details on the latest promotional offers.

4.2 Benefits will be governed by the rules applicable to a specific promotion, and may expire after the end of that promotion.

4.3 Members may enjoy discounts at the 5-Pointwellness, LLC website and participating retail stores for the purchase of 5-Pointwellness, LLC products.

4.4 Members may use their 5-Pointwellness, LLC virtual Membership to enjoy discounts and/or other benefits in 5-Pointwellness, LLC stores outside the USA ("Overseas Benefit") and other such places as may be determined by 5-Pointwellness, LLC.

4.5 To continue enjoying the Overseas Benefit, Members may be required to renew this benefit every three months before the expiration period commencing from the date of initial registration with the Program. Members can only renew their membership by visiting the fivepointwellness.com website and following all applicable instructions.

5. Replacement of or Recovery of 5-Pointwellness, LLC Membership

5.1 Your virtual membership is tied to your user name and password that “you” created upon registering at at our website. This information can be retrieved at no-charge simply by following the online instructions when retrieving or resetting your user name and password.

6. Cancellation of your Membership

6.1 You can cancel your membership at any time for any reason. Simply follow the online instruction for cancelling your membership. Upon cancelling your membership all rights, privileges, and benefits that were enjoyed prior to the cancellation, with regards to the 5-Point Wellness, LLC membership program, will no longer be available. The only way to reinstate these privileges is to register and pay for a new membership.

6.2 If you cancel your membership prior to the expiration time frame, then no refunds will be issued.

7. Limitation of Liability

7.1 By becoming a Member, you acknowledge and accept that your participation in the Program is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in the Program or the use of your 5-Pointwellness, LLC Membership. Without limiting the foregoing:

7.2 To the extent permitted by law, all information and materials provided in connection with the Program are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.

7.3 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising: out of your participation in the Program or your use of the 5-Pointwellness, LLC Membership; in connection with any rewards received in connection with the Program; or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behavior, negligence or, under any other cause of action.

8. Personal Data and information

8.1 In order for you to become a Member, it is necessary for you to provide us with your Personal Data marked as “mandatory” on the 5-Pointwellness, LLC Gold application form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with certain services. It is optional for you to provide any Personal Data that is not marked as "mandatory".

8.2 You expressly agree and acknowledge that your data (including the Personal Data) provided for the Program shall be used to update your personal profile(s) in any of our rewards Programs. However, to the extent permitted by law, we will not be responsible for completeness and accuracy for such data update and you are thereby encouraged to check and update your personal profiles of the Program and/or our other rewards Programs (if any) whenever necessary. All Personal Data shall be managed in accordance with the Personal Data (Privacy) as outlined in US law and 5-Pointwellness, LLC’s Privacy Policy which is posted at our website and any Personal Information Collection Statement specified on the 5-Pointwellness, LLC Gold application form.

9. English Version Prevails

9.1 If there is any inconsistency or conflict between the English and native language of the country of origin regarding these Terms and Conditions, the English version shall prevail.

10. Governing Law

10.1 The Terms and Conditions shall be governed by the laws of the United States of America, and 5-Pointwellness, LLC and the Member agree to submit to the exclusive jurisdiction of the courts located in Salt Lake City, Utah, of the United States of America State of Utah.

11. General

11.1 At times the Five Point Wellness, LLC website may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.), we will take all reasonable steps to ensure that the Gold Website and/or on-line chat help desk will resume service as soon as reasonable practicable after the scheduled maintenance or breakdown.

11.2 Offers, benefits and 5-Pointwellness, LLC Membership are personal to an individual Member and cannot be transferred and/or assigned to any other person.

11.3 We may provide you with new services associated with your membership from time to time, and these new services will be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.

11.4 In the event that we plan to terminate the Program, we shall give you at least three (3) months’ notice by e-mail and as well as on the Gold Website or through such other means/channels that 5-Pointwellness, LLC deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded nor recoverable.

11.5 If you breach or we have reasonable grounds to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and/or seek to recover any damages and losses to us and/or to our Business Partners and/or Third Party Service Providers arising from and/or in relation to your breach.

11.6 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.

11.7 If we do not act in relation to a breach of these Terms and Conditions, this does not waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.

11.8 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, the Terms and Conditions are personal to and are made solely for the benefit of 5-Pointwellness, LLC and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it.

11.9 5-Pointwellness, LLC has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on our website.

12. Collection of Personal Data and Privacy Policy

12.1 General Health Development Limited trading as 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our") owns and operates 5-Pointwellness, LLC in United States of America. We recognize the importance of your privacy and maintaining the confidentiality of your personal information. This Personal Information Collection Statement ("PICS") applies to all products and services provided by us and sets out how we may collect, use and disclose your personal information. We comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) ("USA Privacy Ordinance") in United States of America and the Personal Data Protection Act (Law 8/2005) (" Privacy Act").

12.2 Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.

12.3 We may ask you to provide personal information when you use our website and services, including when you apply for membership of 5-Pointwellness, LLC Gold Program(s) ("Programs"). The personal data that we may ask you to supply include without limitation to salutation, name, day and month of birth, telephone number, email address and residential address ("Personal Data").

12.4 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data marked as mandatory, we may not be able to provide you with our products or services (including registering you for our Programs).

13. Use and Disclosure of Personal Data

13.1 If you provide any Personal Data to us, you authorize us to collect, retain and use Personal Data about you for the following purposes:

13.2 "Gold Membership" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time. Verifying your identity; verifying your eligibility to participate in our Programs; providing you with rewards, birthday promotions, vouchers or services under any of our Programs or lucky draws; providing you with customer service and responding to your queries, feedback or claims; performing research or statistical analysis in order to improve our products and services and for marketing and promotional purposes; providing you with a log-in ID for our website; in connection with establishing, maintaining and/or running Programs (whether or not such programs may bear the words “5-Pointwellness, LLC” or “5-Pointwellness, LLC’s Gold in their name, and for the avoidance of doubt, Programs shall include any sub-club or ancillary program); and making such disclosures as may be required for any of the above purposes or as required by law or in respect of any feedback or claims made by you.

13.3 You further agree that we may disclose and transfer (whether in United States of America, or abroad) your Personal Data to third party services providers engaged by us to provide (a) data entry services, (b) customer database management services, (c) customer contact services (and service providers may contact you regarding promotions, products rewards, vouchers and redemption letters and customer service), and (d) secure data disposal services ("Third Party Service Providers"). These Third Party Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).

13.4 When necessary we may also disclose and transfer (whether in United States of America, or abroad) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for purposes specified at above.

13.5 Only with your consent or with your indication of no objection, we may use your name, phone number, residential address and email address ("Marketing Data") to provide marketing materials to you relating to the 5-Pointwellness, LLC Gold Program and/or goods and services provided by (a)5-Pointwellness, LLC’ and affiliates. Such goods and services for each of the foregoing shall include the following classes: retail, cosmetics and beauty, health, personal care, toiletries and medical, baby care, maternity care, insurance, financial, music, sports, betting (lucky draw), dining, travel, transportation, banking, electronics, home, household, textile, tele-communication, food and beverage, grocery, office and business supplies, technology, outdoor, furniture, lighting, décor, media (including digital), e-commerce platform and facilitator (including online trading, payment and auctions), and publications ("Marketing Materials”). If you wish to opt out from receiving any Marketing Materials, you may send your request in writing to the address above no fee will be charged.

13.6 We may share aggregate data that does not allow you to be identified with third parties for various purposes (including marketing and advertising), and may use this data in order to better understand your needs and to improve and adapt our products and services.

13.7 Any Personal Data supplied by you will be retained by us and will be accessible by our authorized employees, any Third Party Service Providers engaged by us and third parties referred to above, for or in relation to any of the purposes stated herein.

13.8 We may use "cookies" on our website in order to:

  • enable tighter security
  • enable online customers to keep browsing
  • personalize sites for customers
  • build online customer or visitor profiles

14. Right to Access/Correct Personal Data

14.1 Under the USA Privacy Ordinance and the Privacy Act, you have the right of access to Personal Data held by us about you and to request correction of your Personal Data.

14.2 If you have any questions regarding this PICS or if you wish to access or correct your Personal Data, you may send your request in writing to the following address: Email: fivepointwellness.com

14.3 In accordance with the USA Privacy Ordinance and the Privacy Act, we reserve the right to charge you a reasonable fee for the processing of any data access request.

15. Rights of Third Parties

15.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, this PICS is personal to and is made solely for the benefit of you and 5-Pointwellness, LLC and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of this PICS is expressly excluded and no term of this PICS is, or is intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under this PICS shall be enforceable by 5-Point Wellness, LLC.

16. Automatic Membership Payments

16.1 Definition of 'Recurring Billing' is when a merchant (5-Point Wellness, LLC) automatically charges a cardholder for specified goods or services on a prearranged schedule. Recurring billing requires the merchant to get the cardholder's permission one time up front, then continues until the cardholder withdraws permission.

16.2 When you check the box authorizing 5-Point Wellness, LLC to automatically charge your card for automatic renewal of your membership your card will be re-billed (i.e. automatically charged) based on the time interval for the level of membership you purchased. For example: if you purchased a Gold membership then your card will be re-billed once a year based upon the initial purchase date.

16.3 Prior to your membership being renewed; you will receive an e-mail notification stating that your card will be charged in approximately 1-week.

16.4 The e-mail notification will be sent to the designated e-mail that you entered when you registered for your membership. It is your responsibility to ensure that if you change your e-mail you “must” update your e-mail with 5-Point Wellness, LLC by going to your account update.

16.5 It is not 5-Point Wellness’s responsibility to remind you to update your e-mail with your membership account. It is your responsibility to ensure that you receive the notifications of your reoccurring payments

16.6 If you choose to delay the reoccurring payment, then your membership will be temporarily suspended until the payment is processed.

16.7 If your payment method changes, it is responsibility to ensure that you update your account with 5-Point Wellness, LLC to ensure that your membership level is in good standing.

16.8 Within one week of your membership expiring you will receive an e-mail stating that your membership will be automatically renewed. If you decide to down grade to a Silver membership, you must do so prior to the automatic renewal occurring in order to avoid any extra charges.

17. Free Shipping Terms and Conditions

17.1 When signing up for the 5-Point Wellness, LLC Gold program the “free shipping” is standard shipping ONLY.

17.2 Standard shipping is generally delivered within 3-5 business days based upon when the shipping label is created.

17.3 When making orders online, and you select ANY other shipping methods you will be charged the corresponding amount; therefore, the free shipping is null and void.

©2018 5-Pointwellness, LLC. All rights reserved.

Personal Information Collection Statement
(Version: January 2018)

5-Pointwellness, LLC Silver Program
Terms & Conditions (Version: January 2018)

The 5-Pointwellness, LLC Silver ("Program") is operated by 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our"), operating the Online Store and Retail Outlet (as defined below). Your participation in the Program is governed by these 5-Pointwellness, LLC Membership Program Terms and Conditions (“Terms and Conditions”). By applying for membership of the program, you agree that you have read and understood these Terms and Conditions and agree to be bound by the terms herein.

1. Definitions

1.1 In these Terms and Conditions, the following words shall be construed as follows:

  • Silver Service Membership Hotline" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time.
  • Silver Membership is located our website located at www.fivepointwellnes.com.
  • “Member” means a registered member of the Program.
  • “Virtual Membership” means the membership card issued to you for enjoyment of benefits upon your successful registration with the Program.
  • “5-Pointwellness, LLC Membership” means Virtual Membership.
  • “Third Party Service Providers” means third party service providers working with us and/or engaged by us to provide services including (i) data entry; (ii) customer database management; (iii) customer contact; and (iv) secure data disposal services, including personal data, (v) other 3rd parties as contracted.
  • “Our Business Partners” means any merchant(s) that may be contracted and/or invited to join the Program from time to time.
  • “Retail Outlets” means 5-Pointwellness, LLC specialty online stores, counters and point of sales in the United States of America operated by 5-Pointwellness, LLC and/or other third party(ies) designated by us from time to time.
  • “Excluded Items” means “Today's Special" items, fixed price items, range discount, gift vouchers, gift cards, counters/pharmacy counter products, card value-adding services and the shipping materials or plastic shopping bag charging or any other items as determined by 5-Pointwellness, LLC from time to time.
  • “5-Pointwellness, LLC products” meant for the purpose here under, those 5-Pointwellness, LLC products at the online or Retail Outlets or such other products as determined by 5-Pointwellness, LLC.

2. Application of the Terms and Conditions

2.1 These Terms and Conditions is an agreement between you and 5-Pointwellness, LLC.

2.2 These Terms and Conditions may be amended from time to time without prior notice to you.

2.3 When possible, we will communicate with you about material changes to the Terms and Conditions.

2.2 From time to time our Business Partners may be invited to join the Program in order to offer you more rewards and targeted offers.

3. Membership Eligibility

3.1 You verify that you as an applicant are age 18 or older. 5-Point Wellness, LLC allows anyone 18-years of age or older of any race, creed, religious affiliation, or sexual orientation etc. to be a member.

3.2 You agree that in order to be registered as a Silver Member, applicants must spend $9.95 USD as a reoccurring monthly payment from the time of purchase.

3.3 You warrant and represent that the information provided in the application form is true, accurate, complete, and legal.

3.4 You agree to notify us immediately upon change of any of your details submitted to us in the application form. To the extent permitted by law, we shall not be liable for any claim, demand, liability or action resulting from your omission, neglect and/or failure to supply us with your updated information and the accuracy and completeness of those data.

3.5 You agree to allow 5-Point Wellness, LLC use the information you provide us when you register as a Member, to help us provide you with carefully selected offers that may be of interest and value to you. For details of the way that we may use your personal data (“Personal Data”), please refer to our Privacy Policy and Personal Information Collection Statement located at the www.fivepointwellness.com Website.

3.6 You agree that 5-Point Wellness, LLC will only issue one Virtual Membership linked to only one single account.

3.7 You agree that 5-Point Wellness, LLC have the absolute discretion to refuse and/or revoke registration of any applicant and to terminate and/or cancel the registration of such applicant for any reason whatsoever.

3.8 You agree that if you bought products prior to purchasing a virtual 5-Point Wellness, LLC membership, you will be charged the full price listed on the website at the time of the purchase. You agree that under no certain circumstances will the membership prices be applied retroactively to purchases made prior to procuring the membership.

3.8 You agree as a Member you can enquire about your virtual membership any time after being issued the virtual membership via the online portal, e-mail, chat-help desk.

4. The Membership, Rewards and Special Offers

4.1 The Program is a rewards Program provided by us. Offers, services and terms and conditions may be varied from time to time. Please visit “our” website for details on the latest promotional offers.

4.2 Benefits will be governed by the rules applicable to a specific promotion, and may expire after the end of that promotion.

4.3 Members may enjoy discounts at the 5-Pointwellness, LLC website and participating retail stores for the purchase of 5-Pointwellness, LLC products.

4.4 Members may use their 5-Pointwellness, LLC virtual Membership to enjoy discounts and/or other benefits in 5-Pointwellness, LLC stores outside the USA ("Overseas Benefit") and other such places as may be determined by 5-Pointwellness, LLC.

4.5 To continue enjoying the Overseas Benefit, Members may be required to renew this benefit every month before the expiration period commencing from the date of initial registration with the Program. Members can only renew their membership by visiting the fivepointwellness.com website and following all applicable instructions.

5. Replacement of or Recovery of 5-Pointwellness, LLC Membership

5.1 Your virtual membership is tied to your user name and password that “you” created upon registering at at our website. This information can be retrieved at no-charge simply by following the online instructions when retrieving or resetting your user name and password.

6. Cancellation of your Membership

6.1 You can cancel your membership at any time for any reason. Simply follow the online instruction for cancelling your membership. Upon cancelling your membership all rights, privileges, and benefits that were enjoyed prior to the cancellation, with regards to the 5-Point Wellness, LLC membership program, will no longer be available. The only way to reinstate these privileges is to register and pay for a new membership.

6.2 If you cancel your membership prior to the expiration time frame, then no refunds will be issued.

7. Limitation of Liability

7.1 By becoming a Member, you acknowledge and accept that your participation in the Program is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of your involvement in the Program or the use of your 5-Pointwellness, LLC Membership. Without limiting the foregoing:

7.2 To the extent permitted by law, all information and materials provided in connection with the Program are provided "as is" without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non-infringement.

7.3 We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising: out of your participation in the Program or your use of the 5-Pointwellness, LLC Membership; in connection with any rewards received in connection with the Program; or in connection with any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, whether for breach of contract, tortious behavior, negligence or, under any other cause of action.

8. Personal Data and information

8.1 In order for you to become a Member, it is necessary for you to provide us with your Personal Data marked as “mandatory” on the 5-Pointwellness, LLC Silver application form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as a Member or provide you with certain services. It is optional for you to provide any Personal Data that is not marked as "mandatory".

8.2 You expressly agree and acknowledge that your data (including the Personal Data) provided for the Program shall be used to update your personal profile(s) in any of our rewards Programs. However, to the extent permitted by law, we will not be responsible for completeness and accuracy for such data update and you are thereby encouraged to check and update your personal profiles of the Program and/or our other rewards Programs (if any) whenever necessary. All Personal Data shall be managed in accordance with the Personal Data (Privacy) as outlined in US law and 5-Pointwellness, LLC’s Privacy Policy which is posted at our website and any Personal Information Collection Statement specified on the 5-Pointwellness, LLC Silver application form.

9. English Version Prevails

9.1 If there is any inconsistency or conflict between the English and native language of the country of origin regarding these Terms and Conditions, the English version shall prevail.

10. Governing Law

10.1 10.1 The Terms and Conditions shall be governed by the laws of the United States of America, and 5-Pointwellness, LLC and the Member agree to submit to the exclusive jurisdiction of the courts located in Salt Lake City, Utah, of the United States of America State of Utah.

11. General

11.1 At times the Five Point Wellness, LLC website may not be operational (e.g. due to nightly update batches, breakdown of communication networks, electricity networks, etc.), we will take all reasonable steps to ensure that the Silver Website and/or on-line chat help desk will resume service as soon as reasonable practicable after the scheduled maintenance or breakdown.

11.2 Offers, benefits and 5-Pointwellness, LLC Membership are personal to an individual Member and cannot be transferred and/or assigned to any other person.

11.3 We may provide you with new services associated with your membership from time to time, and these new services will be governed by these Terms and Conditions in addition to any terms and conditions applicable to the specific services.

11.4 In the event that we plan to terminate the Program, we shall give you at least three (3) months’ notice by e-mail and as well as on the Silver Website or through such other means/channels that 5-Pointwellness, LLC deems appropriate. Rewards not collected by the termination date will be forfeited and will not be refunded nor recoverable.

11.5 If you breach or we have reasonable grounds to believe that you have breached these Terms and Conditions, we may suspend or terminate your membership and/or seek to recover any damages and losses to us and/or to our Business Partners and/or Third Party Service Providers arising from and/or in relation to your breach.

11.6 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity and unenforceability shall not affect the remainder of the Terms and Conditions which shall continue in full force and effect.

11.7 If we do not act in relation to a breach of these Terms and Conditions, this does not waive our right to take action in respect of the said breach and any similar breach of the Terms and Conditions by you in the future.

11.8 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, the Terms and Conditions are personal to and are made solely for the benefit of 5-Pointwellness, LLC and you and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any Terms and Conditions is expressly excluded and no Terms and Conditions are, or are intended to be, enforceable by any person not being a party to it.

11.9 5-Pointwellness, LLC has the absolute discretion to make changes to any of these Terms and Conditions from time to time without prior notice to you. A copy of the latest version of these Terms and Conditions is available on our website.

12. Collection of Personal Data and Privacy Policy

12.1 General Health Development Limited trading as 5-Pointwellness, LLC ("5-Pointwellness, LLC ", "we", "us", "our") owns and operates 5-Pointwellness, LLC in United States of America. We recognize the importance of your privacy and maintaining the confidentiality of your personal information. This Personal Information Collection Statement ("PICS") applies to all products and services provided by us and sets out how we may collect, use and disclose your personal information. We comply with the requirements of the Personal Data (Privacy) Ordinance (Cap. 486) ("USA Privacy Ordinance") in United States of America and the Personal Data Protection Act (Law 8/2005) (" Privacy Act") in.

12.2 Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with our services and to protect your account.

12.3 We may ask you to provide personal information when you use our website and services, including when you apply for membership of 5-Pointwellness, LLC Silver Program(s) ("Programs"). The personal data that we may ask you to supply include without limitation to salutation, name, day and month of birth, telephone number, email address and residential address ("Personal Data").

12.4 Please note that it is mandatory for you to provide certain categories of Personal Data (as specified at the time of collection). In the event that you do not provide any Personal Data marked as mandatory, we may not be able to provide you with our products or services (including registering you for our Programs).

13. Use and Disclosure of Personal Data

13.1 If you provide any Personal Data to us, you authorize us to collect, retain and use Personal Data about you for the following purposes:

13.2 "Silver Membership" means 5-Pointwellness, LLC customer service hotline at (801) 871-9032, or such telephone number as notified by us from time to time. Verifying your identity; verifying your eligibility to participate in our Programs; providing you with rewards, birthday promotions, vouchers or services under any of our Programs or lucky draws; providing you with customer service and responding to your queries, feedback or claims; performing research or statistical analysis in order to improve our products and services and for marketing and promotional purposes; providing you with a log-in ID for our website; in connection with establishing, maintaining and/or running Programs (whether or not such programs may bear the words “5-Pointwellness, LLC” or “5-Pointwellness, LLC’s Silver in their name, and for the avoidance of doubt, Programs shall include any sub-club or ancillary program); and making such disclosures as may be required for any of the above purposes or as required by law or in respect of any feedback or claims made by you.

13.3 You further agree that we may disclose and transfer (whether in United States of America, or abroad) your Personal Data to third party services providers engaged by us to provide (a) data entry services, (b) customer database management services, (c) customer contact services (and service providers may contact you regarding promotions, products rewards, vouchers and redemption letters and customer service), and (d) secure data disposal services ("Third Party Service Providers"). These Third Party Service Providers are under a duty of confidentiality to us and are only permitted to use your Personal Data in connection with the purposes specified above, and not for their own purposes (including direct marketing).

13.4 When necessary we may also disclose and transfer (whether in United States of America, or abroad) your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations for purposes specified at above.

13.5 Only with your consent or with your indication of no objection, we may use your name, phone number, residential address and email address ("Marketing Data") to provide marketing materials to you relating to the 5-Pointwellness, LLC Silver Program and/or goods and services provided by (a)5-Pointwellness, LLC’ and affiliates. Such goods and services for each of the foregoing shall include the following classes: retail, cosmetics and beauty, health, personal care, toiletries and medical, baby care, maternity care, insurance, financial, music, sports, betting (lucky draw), dining, travel, transportation, banking, electronics, home, household, textile, tele-communication, food and beverage, grocery, office and business supplies, technology, outdoor, furniture, lighting, décor, media (including digital), e-commerce platform and facilitator (including online trading, payment and auctions), and publications ("Marketing Materials”). If you wish to opt out from receiving any Marketing Materials, you may send your request in writing to the address above no fee will be charged.

13.6 We may share aggregate data that does not allow you to be identified with third parties for various purposes (including marketing and advertising), and may use this data in order to better understand your needs and to improve and adapt our products and services.

13.7 Any Personal Data supplied by you will be retained by us and will be accessible by our authorized employees, any Third Party Service Providers engaged by us and third parties referred to above, for or in relation to any of the purposes stated herein.

13.8 We may use "cookies" on our website in order to:

  • enable tighter security
  • enable online customers to keep browsing
  • personalize sites for customers
  • build online customer or visitor profiles

14. Right to Access/Correct Personal Data

14.1 Under the USA Privacy Ordinance and the Privacy Act, you have the right of access to Personal Data held by us about you and to request correction of your Personal Data.

14.2 If you have any questions regarding this PICS or if you wish to access or correct your Personal Data, you may send your request in writing to the following address: Email: fivepointwellness.com

14.3 In accordance with the USA Privacy Ordinance and the Privacy Act, we reserve the right to charge you a reasonable fee for the processing of any data access request.

15. Rights of Third Parties

15.1 Notwithstanding the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction, this PICS is personal to and is made solely for the benefit of you and 5-Pointwellness, LLC and shall not create or give any rights to or purport to confer any benefits on any third parties whatsoever. The application of the Contracts (Rights of Third Parties) Ordinance and/or any comparable law in any jurisdiction giving to or conferring on third parties the right to enforce any term of this PICS is expressly excluded and no term of this PICS is, or is intended to be, enforceable by any person not being a party to it. Notwithstanding the foregoing in this paragraph, third party rights under this PICS shall be enforceable by 5-Point Wellness, LLC.

16. Automatic Membership Payments

16.1 Definition of 'Recurring Billing' is when a merchant (5-Point Wellness, LLC) automatically charges a cardholder for specified goods or services on a prearranged schedule. Recurring billing requires the merchant to get the cardholder's permission one time up front, then continues until the cardholder withdraws permission.

16.2 When you check the box authorizing 5-Point Wellness, LLC to automatically charge your card for automatic renewal of your membership your card will be re-billed (i.e. automatically charged) based on the time interval for the level of membership you purchased. For example: if you purchased a Silver membership then your card will be re-billed once a month based upon the initial purchase date.

16.3 Prior to your membership being renewed; you will receive an e-mail notification stating that your card will be charged in approximately 1-week.

16.4 The e-mail notification will be sent to the designated e-mail that you entered when you registered for your membership. It is your responsibility to ensure that if you change your e-mail you “must” update your e-mail with 5-Point Wellness, LLC by going to your account update.

16.5 It is not 5-Point Wellness’s responsibility to remind you to update your e-mail with your membership account. It is your responsibility to ensure that you receive the notifications of your reoccurring payments.

16.6 If you choose to delay the reoccurring payment, then your membership will be temporarily suspended until the payment is processed.

16.7 If your payment method changes, it is responsibility to ensure that you update your account with 5-Point Wellness, LLC to ensure that your membership level is in good standing.

16.8 Within one week of your membership expiring you will receive an e-mail stating that your membership will be automatically renewed. If you decide to down grade to a Silver membership, you must do so prior to the automatic renewal occurring in order to avoid any extra charges.

17. Free Shipping Terms and Conditions

17.1 When signing up for the 5-Point Wellness, LLC Silver program the “free shipping” is standard shipping ONLY.

17.2 Standard shipping is generally delivered within 3-5 business days based upon when the shipping label is created.

17.3 When making orders online, and you select ANY other shipping methods you will be charged the corresponding amount; therefore, the free shipping is null and void.

©2018 5-Pointwellness, LLC. All rights reserved.

Personal Information Collection Statement
(Version: January 2018)

Returns & Refunds

A.1 Can I Return Items I Ordered?

You may only return items that have not been opened, tampered with, unlocked, stolen, packaged, broken seal, etc.. If your item meets the returnable policy, then following process must be followed to ensure that your return is properly refunded. You may only return items within 2-weeks from the purchase date. Please note that with all returns a restocking fee of 20% of the cost of the item will be applied.

  • Complete the online refund form
  • Print out the shipping label
  • Re-package your product
  • Place the shipping label on the package
  • Ship the package
  • Track your package through the courier’s website
  • 5-Point Wellness, LLC will receive the package.
  • Your refund will take approximately 10-business days upon receipt.

A.2 How is my refund issued?

When you return an item, your refund will be applied to your Credit or Debit card within approximately 14-business days. The time frame of the refund is contingent upon when 5-Point receives it, the processing time, and the time the merchant processor takes re-apply the money to your card.

A.3 How is my gift refunded?

If you were given a gift and want to return it, you will need to work with the gift giver in order to return and receive the monies as outlined in section A.2.

  • Click on the login tab.
  • Enter all the required information
  • Click on the, “register button”.
  • proceed to the “return steps” as outlined in section A.1

Please note: For nutritional supplements, and other perishable items, the product cannot have been opened and may only be returned within 14-days from the purchase date. For all other non-perishable items, they may be returned within 40-days based upon the purchase date. The 14-days and the 40-days are calculated by taking the purchase date minus the date received by 5-Point Wellness. Prior to shipping the product back to 5-Point Wellness, you must fill out the online return form and calculate the time that it will take to ship the product back. The time must fall within the above referenced time frames in order to ensure your refund.