Online Program Agreement
These Online Course Terms and Conditions (“Terms”) are a legally binding agreement (“Agreement”). It is your responsibility to carefully read these Terms prior to accessing our website (“Site”) and purchasing any products, programs, e-books or online courses, including but not limited to, Build Your Balance Blueprint (“Course”) or otherwise using any of our content and resources (collectively, the “Services”).
The Course, Site and Services is owned and operated by Maya Eid Nutrition. a business operating under the laws of the Province of Ontario and federal laws of Canada, where applicable. In these Terms, “we”, “us” and “our” refers to Maya Eid Nutrition. and the terms “you” or “your” refers to any individual user of our Course and Services.
Acknowledgement and Consent to Terms
These Terms govern and define your use of our Services. You clicking the acknowledgment box and acceptance of these Terms prior to making a purchase of the Course on our Site and continued use of or access to Services affirms your acceptance to our Terms. By continuing to use our Services, you are legally bound to these Terms, our general Site Terms and Conditions and our Privacy Policy whether or not you have read them. If you do not agree with these Terms, our Site Terms and Conditions or our Privacy Policy, please discontinue use of our Services immediately.
FEES AND REFUNDS
Fees
Fees for our Courses and Services are as listed on our Site or upon signing up for a Course and billed in Canadian Dollars (CA). We reserve the right to change our fees at any time and without notice. The monthly payments you pay upon signing up for Build Your Balance Blueprint remain locked in and will not change.
No Refunds
We do not provide refunds for any Course or Services. We may, at our sole discretion, place a Course on hold as determined on a case-by-case basis.
If you do not feel as though you’ve received any value by your purchase or that we have not delivered on our promise, we may, in our sole discretion, issue you a refund for your purchase of Build Your Balance Blueprint, subject to the following conditions: You must have completed module 1 course work, attended at least 1 group coaching call and 1 private coaching consultation within 30 days of purchase in order to qualify for a refund. Your progress is automatically tracked in our system, and will be used to determine your refund eligibility.
No Chargebacks
We use third-party payment processors to collect and process payment for Courses and Services, such as but not limited to, PayPal, Stripe, and SquareUp. You are responsible for reviewing the third-party terms that may be applicable when you make a purchase from us and you expressly acknowledge and agree that our Terms, and specifically our refund policy, supersedes the terms of use and refund policies of any third-party payment processor. You acknowledge and agree that you will be responsible for any fees, including legal fees, incurred by us as a result of recouping any fees owing to us as a result of your initiation of any chargeback.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Intellectual Property Rights
All of our intellectual property, including but not limited to images, text, Course materials (including, but not limited to, guidebooks, lessons, plans, workbooks, and worksheets) designs, graphics, videos, e-books, logos, taglines, trademarks, copyrights, and service marks (collectively “Content”) provided on our Site, Courses and all Services are proprietary and owned by us unless attributed otherwise. All of our Content is provided for your personal, non-commercial use only, and may not be copied, distributed, or sold.
Course Use and License
Subject to and in accordance with these Terms and any additional guidelines provided by us, upon purchasing a Course, we grant you a limited, non-transferable, non-assignable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any Course updates. This License provides you the ability to view the Course in accordance with the foregoing License. Specifically, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or by any means (including by email, on any social media platform or other electronic means) any materials or content provided as part of the Course. You may however, from time to time, download and/or print the materials as needed for your personal and individual use only, and provided that you keep intact all copyright and other proprietary notices. You may not assign or transfer your obligations or rights granted under this section to any person at any time. We reserve the right at any time to revoke the License and terminate your access to the Course at any time if we, in our sole discretion, discover or determine that you have violated these Terms. We will make reasonable efforts to notify you of any violation of the Terms and the opportunity to remedy your violation. If, however, you fail to remedy the violation or continue to violate these Terms, we will terminate your access to the Course and you will not be entitled to any refund of fees.
Requests to Use Content
If you wish to use, publish or refer to our Content, you must first request permission to do so by emailing us at hello@mayaeid.com. Permission is not granted until you receive express permission in writing from us and you agree to any terms we outline for use, such as providing obvious credit to us by linking back to our Site or to the social media platform where the Content was originally posted. In no event do you obtain any rights or ownership in Content, or may you claim that it is your own creation.
ASSUMPTION OF RISK AND DISCLAIMERS
Acknowledgement and Assumption of Risk
You expressly acknowledge and assume all risk associated with your access to the Site and Services and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided to you.
Warranties Disclaimer
We make no warranties as to our Site, the Services or any related materials. You agree that all Services and related materials are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable.
Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
SECURITY AND PRIVACY
Security
When you purchase a Course, you are required to create a username and password to access the Course. It is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised, or your account has been breached, it is your responsibility to notify us immediately by emailing us at hello@mayaeid.com.
Privacy Policy
We will collect personal information during the Course, including your name, address, email address, phone number, billing information, financial and business information, health information, other personal information (“Personal Information”). By providing any Personal Information to us, you consent and grant us permission to use and store such information in order to facilitate the Services. For more information as to how your Personal Information is collected, stored and processed, please refer to our Privacy Policy.
Use of Third-Party Applications
In order to run our Site and provide our Services, we use Thinkific for delivering the Course, and Stripe to collect and process payments for products and our Course, as well as a number of third-party applications in order to host our Site, deliver newsletters and otherwise deliver our Services. When you make a purchase from our Site, or access the Course, you may be subject to additional terms and conditions that apply to your purchase or use of Services. It is your responsibility to review the terms of use for third-party applications and you agree that we will not be liable for any loss, damage or other matters of any sort incurred as a result of your use of third-party applications. If you do not agree with the terms of use for any third-party application used by us, please discontinue use of our Services immediately.
Confidentiality
You acknowledge that We have no duty of confidentiality to you, unless otherwise explicitly stated or as may be mandated by law or fiduciary duty.
Release, Indemnity and Waiver
PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.
Voluntary Assumption of Risks
Client acknowledges there are certain inherent risks associated with Coach providing the Services, including, but not limited to financial, physical, emotional, spiritual loss and damages experimenting with new foods, herbs or supplements, may lead to adverse or allergic reactions and Client voluntarily assumes such risks by purchasing the Program. Client expressly acknowledges that the dangers and risks associated with the Services and Program listed here are not complete. Should Client have any concerns or doubts about ability to participate or receive Coach’s Services, Client will contact Coach immediately to inform them of any concerns. Client confirms they have full capacity and are the age of majority in their jurisdiction of residence to enter into this Agreement
Limitation of Liability
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive by using our Services. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of our Course and Services. If for any reason whatsoever we are found liable, damages will be limited to the amount of any fee paid to us by you for the Course, or otherwise limited to the greatest extend permissible by law.
Media Release
You grant to Maya Eid Nutrition an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings, website design or social media posts, whether captured by you, us or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to you and without further notice, grant of permission or right to any financial compensation.
Termination of Use
If at any time we believe that you have violated these Terms, we reserve the right to immediately terminate your use of our Services and in our sole discretion. This includes revoking access to any Course you purchase, in which case you will not receive any refund of any fee paid.
Full Agreement
Before you register with our Site and purchase any Services, you will be asked to consent to our Site Terms and Privacy Policy, and together with these Terms, this constitutes the full agreement between you and our company relating to the use of the Site and Services.
Governing Law and Jurisdiction
These Terms are governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Toronto, Ontario.
Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by us of any breach of these Terms by you will not be taken to be a waiver of any of your future breaches. We reserve the right to exercise or enforce our rights at a later date.
Contact
If you have any questions about these Terms, please contact us by email at hello@mayaeid.com.
Electronic Confirmation of Acceptance
By electronically confirming acknowledgment and acceptance of this Agreement, you confirm that you accept the terms and conditions set out above and that this will constitute a signed and legally binding Agreement.