BY USING MyWellnessNation.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “we,” “us,” “our,” or “Business” refer to My Wellness Nation, Curtis Personalized Health Management Ltd, and 12 Weeks Incorporated. The term the “Site” refers to mywellnessnation.ca. The terms “user,” “you,” “Member” and “your” refer to site visitors, customers, members and any other users of the site.
My Wellness Nation is a membership site for online training, courses, resources and other content relating to planning, creating and improving your well-being (the “Service”).
Use of mywellnessnation.ca, including all materials presented herein and all online services provided by My Wellness Nation, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by My Wellness Nation according to this Agreement are limited to those listed on mywellnessnation.ca website. My Wellness Nation reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
By signing this agreement, Member represents, warrants and insures that they have had an opportunity to observe the programs offered by the Business and that they are physically and mentally able to take classes offered by the Business in that program and/or any others in which Member may participate. Membership is non-transferable.
If the Business’ site is unavailable for use for a period in excess of 30 consecutive days, the Member’s program will be extended for a period of time equal to the time of unavailability, but no refund or credit will be due the Member. Upon notice to the Business, the Member may cancel this agreement if the Business’ facilities are unavailable for more than 90 consecutive days. Within 30 days of receipt of such notice, the Business shall refund to the Member the unused pro -rata portion of the contract (cash) price, excluding any initiation fee, paid by the Member.
Notwithstanding the foregoing, the Business may close its facility on holidays, for a period not exceeding three weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. My Wellness Nation makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. My Wellness Nation disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Any person(s) signing this agreement, whether as a Member, co-signer or otherwise shall be jointly, severally and individually liable to Business for the full contract price as if such person signed as the Member. All persons signing this agreement assume responsibility for all costs of collection, including but not limited to collection agency fees, court costs, attorney’s fees, and late charges that may be incurred in the event of a default. Any person (s) signing this agreement authorizes the use of a disclosed e-mail address for billing purposes and acknowledges that e-mail text may include financial information pertaining to the membership.
COMPLIANCE WITH LAWS.
This agreement shall be governed by the laws of the Province in which Business is located. All rights and obligations of the Business and Member under this agreement are subject to all applicable federal, Provincial and local laws and regulations. To the extent that the terms and conditions of this agreement conflict with any applicable statute, rule or regulation in effect at the time of execution of this agreement governing transactions of the type contained herein, the agreement shall be deemed revised to conform with such statutes, rules and regulations. The Business and Member shall be bound by the modified agreement and agree that no other modifications shall be enforceable unless in writing and signed by the parties.
This agreement constitutes the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach of this agreement.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to My Wellness Nation will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against My Wellness Nation when there are reasonable delays in the access of the Service.
My Wellness Nation reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, My Wellness Nation should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly susbcription payment will result in access to the Service being stopped.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS & REFUNDS
We offer a 30 day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact support at email@example.com You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
The 30 day refund period only applies to your first subscription and cannot be used more than once.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
This agreement may be cancelled by Member for any reason without penalty or further obligation within 10 days from the date hereof (the “Right to Cancel”). Cancellation shall be made in writing and emailed or mailed to the Business. All money paid shall be refunded by the Business within 30 days of the exercise of the Right to Cancel, except that Business may retain expenses actually incurred and the portion of the total price representing the services used and completed based on an hourly rate of $35/hour. The Member understands that after the Right to Cancel expires, except as specifically provided herein, this agreement may not be canceled, and all payments through the end of the agreement shall be due and payable as provided herein. Within 30 days of receipt of the Cancellation, any money to be refunded to the Member shall be paid by the Business and any automatic transfer shall be canceled. If the Member has executed a credit, lien or automatic funds transfer agreement to pay for services, any such agreement executed by the Member shall be destroyed. Failure to attend classes or sessions does not constitute or imply notification to or cancellation of this agreement. Membership is cancelled when all payments due within the specified notification period have been received. If a notification period is not specified, 30 days notice is implied. Member retains membership rights and privileges until the notice period expires.
Non-payment of scheduled monthly payments in excess of 60 days shall constitute default under this agreement. If this agreement is in default, the entire amount owed hereunder shall become immediately due and payable, litigation may be initiated to collect all amounts due or the account referred to collection. In the event of default in payment or breach of this agreement, the Business shall be entitled to recover their reasonable
attorneys fees, court costs, and, if applicable, interest on any past due amount at the rate of 1.5% per month and a collection fee equal to 20% as a collection fee and not a penalty, to collect any past due amounts or cure any breach.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, My Wellness Nation may provide access to a community or social media platforms in conjunction with the Service. My Wellness Nation is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and My Wellness Nation may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. My Wellness Nation will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. My Wellness Nation is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the My Wellness Nations’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to My Wellness Nation. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to My Wellness Nation remains yours to the extent that you have any legal claims therein. You agree to hold My Wellness Nation harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by My Wellness Nation for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by My Wellness Nation, including trademarks, copyrights, proprietary information, and other intellectual property. My Wellness Nation’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. Or aggregate group payments from a representative of that group, entity or corporation. All intellectual property, including My Wellness Nation’s copyrighted materials shall remain the sole property of My Wellness Nation. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
ACCEPTANCE OF MEMBER
By signing this agreement, Member agrees to fully and completely comply with all terms and conditions hereof and the Business’ rules and regulations. Failure to comply with the Business’ rules and regulations is grounds for immediate suspension or termination of the Member. Suspension or termination shall not entitle the Member to a refund or credit for any tuition already paid or cancel any unpaid balance due. The failure or inability of Member to use the facilities, classes or services of the Business for any reason, except as otherwise provided herein does not relieve
or suspend the Member’s obligation to make all payments required under this agreement on a timely basis, nor entitle the Member to a refund or credit. Member understands and agrees that full payment of tuition is not a guarantee or promise of advancement.
DEATH OR DISABILITY
If Member becomes disabled, the Member may extend the term of the agreement, at no additional cost, by written notice to the Business, for a period of time equal to the duration of the Member’s short-term disability, verified by a physician, which precludes the Member from using any of Business’ facilities for a period of more than 30 days. The Member or his /her legal representative may cancel the agreement if the Member dies
or becomes permanently disabled. Permanent disability is a disability, verified by a physician, which precludes the Member from using any of Business ‘facilities for a period in excess of six (6) consecutive months.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MY WELLNESS NATION IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MY WELLNESS NATION HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MY WELLNESS NATION’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MY WELLNESS NATION, AND IF NO PURCHASE HAS BEEN MADE BY YOU MY WELLNESS NATION’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Scheduling and content of classes, sessions and programs, furnishing of facilities and provision of instructors to teach and supervise classes and sessions are at the sole and absolute discretion of the Business and may be changed at any time by Business. By signing this agreement, the Member receives membership at a greatly reduced price. Member understands and agrees that examination, testing, personal training, coaching, workshops fees and other identified member-pay registered fees may not be included in the price of this agreement. The Business may raise the tuition rate of ongoing memberships by providing advance notice equal to the notice period required for cancellation stated herein.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with My Wellness Nation. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; LIABILITY WAIVER AND RELEASE
This Agreement constitutes the entire agreement between you and My Wellness Nation pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by My Wellness Nation shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by My Wellness Nation.
The Member understands and agrees that strict observation of the Business’ rules and regulations and the rules and regulations relative to the programs
Member, hereby holds harmless, releases and forever discharges the Business and its instructors, agents, employees, operators and authorized representatives from any liability, claim, loss, including loss of property, damage, personal injury, or expense incurred by the Member and arising from the Member’s execution of this agreement, payment processing, participation in any program offered by the Business, including, but not limited to, any injury or damage caused by the negligence or willful misconduct of the Business, its instructors, Members, agents, employees, operators, or authorized representatives. The Member specifically understands and agrees that he /she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his /her execution of this agreement and participation in any program offered by the Business.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
My Wellness Nation
6-636 Clyde Avenue
West Vancouver, BC
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Updated: November 2020