Terms & Conditions

Effective date: 5th June 2023

Thank you for visiting myheartwellness.com (collectively with any related subsite, service or feature, and all content and software and applications, the “Website”) and reviewing our Terms and Conditions (“Terms”).  Epanafero Ltd. (“Epanafero”, “My Heart Wellness”, “Company”, “we”, “us”) is a company registered in Jamaica that provides heart health and wellness membership, programs, coaching, retreats, and monitoring services as well as related cardiology consultations and heart health evaluations (as part of our “Service” or “Services”).  We make this Website, including all information, documents, catalogues, communications, files, text, graphics, audio/visual files, sounds, animation effects, links, and all other materials and software contained therein (collectively, the “Materials” or “Content”) available for your use subject to these Terms.

We are committed to protecting the rights of all end users of our Website (“Users”), including those who purchase services from us (“Clients”, “Members”) and those who access our Site otherwise (“Visitors”), as well as the rights of the Company.

This Website is designed to provide information on the topics of health and wellness, and to give you an engaging and informative experience via its Materials.

Please read carefully these Terms and Conditions as they govern how you may use our Website and/or its Materials and so affect your legal rights and obligations. They also contain legal clarifications, terms and disclaimers.

By accessing, viewing, downloading in any way, or otherwise using, this Website and/or its Materials, whether automated or otherwise, you are deemed to have read and agree to be bound by these Terms and Conditions.  You also agree that the exclusions and limitations of liability set forth herein are reasonable and acceptable.  If you object to any of the Terms set forth below, do not access, view or otherwise use this Website or the Materials or Services made available through this Website.

These Terms and Conditions shall be deemed to include our Privacy Notice, our Payment, Cancellation and Refund Policy, and all other notices, policies, disclaimers, and other terms that may apply to the Website (or parts thereof) or to the Services available through the Website or from the Company.

The section titles used in these Terms and Conditions are purely for your convenience and have no legal or contractual effect.

 

1. Intellectual Property Rights

The Company reserves all of its rights in this Website and in its Materials.  Nothing in these Terms and Conditions grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.

1.1 Proprietary Information and Trademark Notice

This Website and all its Materials are the property of the Company, its affiliates and licensors, and are protected by national and international copyright, trademark, and other intellectual property laws.

This Website contains trademarks of the Company, including but not limited to EPANAFERO, CLUB EPANAFERO, RESTORE. RESET. REJUVENATE. and THE EPANAFERO WAY as well as service marks and other business identifiers owned and used by the Company in its business (the “Marks”). These Marks, registered and unregistered, are proprietary to the Company and are protected from copying and simulation under national and international laws. You may not reproduce, copy or otherwise use these Marks without the prior express written consent of the Company.

Any third-party trademarks mentioned on this Website which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Website does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

1.2 Personal and Non-Commercial Use Limitation

The Website as a whole, and its Materials, are provided solely for your personal, non-commercial use.  You may not use the Website or its Materials in a manner that constitutes an infringement of our rights or that has not been expressly authorized by us in writing.  You may not modify, copy, reprint, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any medium or any manner (electronic or mechanical), any Materials from the Website, in whole or in part, without our prior written consent.  So, for example, you are prohibited from uploading any of our Materials to any third-party website or platform (including social media sites).  Distribution of any of the Material to others, whether you have paid for the Materials or not, is strictly prohibited.  Similarly, you may not make our Materials available to others via peer-to-peer sharing technology even if the Materials remain on your computer or device.

You may, however, download and/or print one copy of individual pages of the Website for your personal, non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms and Conditions.

To request permission to use our copyrighted Materials on this Website, please contact us by email at legal@myheartwellness.com.  Where the copyright of any Materials on this Website is held by a third party, requests for permission must be addressed directly to the third party concerned.

 

2. Access to this Website and Restrictions on Use

You must be 18 years or older to access or use this Website.

We reserve the right to investigate suspected violations of these Terms and Conditions, to refuse you access to this Website and/or any of its resources, and to terminate or suspend your access at any time, without notice.  By accepting these Terms and Conditions, you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

2.1 Online Conduct

You agree to use this Website only for lawful purposes.  Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) compromising the security of this Website, or interrupting, limiting the functionality or rendering the Website inaccessible to others, or otherwise causing damage to the Website and/or its Materials; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by us to be inconsistent with the spirit or intent of this Website.

To access some of the resources offered by this Website, you may be asked to provide certain registration details or other information.  It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete.

You agree not to add to, subtract from, or otherwise modify the Website’s Materials, or to attempt to access any Materials that is not intended for you so to do.  You agree not to use the site in any manner that might interfere with the rights of third parties.

2.2 Website Security

You agree not to violate or attempt to violate the security of this Website. You are prohibited from attempting to access any data or systems belonging to the Company’s digital network, security measures, hosts and servers.  Such violations may result in civil or criminal liability. We may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.

If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website.

If you are provided with a password to access some resources of this Website, you will be responsible for the security of your password.  The Company will be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that we consider insecure, we will be entitled to require that the password be changed and/or suspend your account.

2.3 Member Accounts, Usernames and Passwords

When you register for our heart health & wellness membership, you will be required to create a Member Account on the Website.  Any personal information you provide to us must be true, accurate, complete, and current at all times.  Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate suspension or termination of your Account on our Service.  Using a name other than your own legal name is prohibited.

For your Member Account, you will need a username and password, which you will receive through the Site’s registration process.  You are responsible for safeguarding the password that you use to access the Service, and for all activities or actions (whether by you or by others) that occur under your password or Account.  You agree not to disclose your password to any third party; and to ensure that you exist from your Account at the end of each session.  You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or Account information.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

2.4 Limitations on Linking and Framing

You may establish a hypertext link to the Website provided that neither you nor the link portrays us or any of our products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us.  We may revoke this permission at any time for any reason upon notice to you.

You may not co-brand this site nor may you frame, inline link, or similarly display any of our content or property, including, without limitation, the Website, or incorporate into another website or other service any of our material, content or intellectual property without the prior express written permission of the Company.  For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website and/or its Materials.  You agree to cooperate with the Company in ceasing any unauthorized co-branding, framing or hyper-linking immediately.

 

3. Privacy and Protection of Personal Information

Use of our Website is also governed by our Privacy Notice which is incorporated into these Terms and Conditions by this reference, and which is available to view on our Website.

Please read our Privacy Notice carefully as it explains how we collect, use, retain and disclose your personal data so that you can make informed decisions when using our Website.  Should you choose to provide personal information to the Website, you agree to comply with, and consent to, the terms of our Privacy Notice.

Please carefully select what you choose to disclose to the Company, and do not share personal medical information that you wish to keep confidential. While we make our best efforts to protect all your personal information (including your medical information), the information you provide is not necessarily protected under confidentiality laws that protect physician-patient communications. Additionally, whilst we attempt to prevent unauthorized access to our information databases, such access may occur.

You hereby warrant that you are the rightful owner of any and all information you submit to the Company via this Website, including during your purchase of or registration for a Service, and you further warrant that you have complete authority to submit said information. You also agree that any personal information you provide to us is true, accurate, complete, and current at all times.  Using a name other than your own legal name is prohibited.  If we have reasonable grounds to suspect that the information you have submitted is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  Our use of any personally identifiable information you provide to us as part of the purchase and/or registration process is governed by the terms of our Privacy Policy.

 

4. User Content and Input

We are pleased to enable you to share materials with us via the Website and our dedicated pages on social media (including through our interactive features as described in Section 4.1 below) as well as via email, telephone, text, delivery or otherwise.  Such materials can include your questions, comments, testimonials, suggestions, ideas, data, information, blog entries, social media postings, photos and videos (collectively, “User Content”).

You are responsible for all User Content you share with us.  In sharing such User Content with us, you represent and warrant to us that: you are 18 years or older; you are the owner and have the rights of your User Content, or you are sharing materials for which you have the express consent of the owner(s) of such materials or rights; and you are not violating the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You are solely responsible for obtaining permission from others for use of their materials, and for any damages resulting from unauthorized disclosures.  You agree to pay for all royalties, fees, and any other monies owing to others by reason of any materials you post on this Website.

By sharing User Content with us, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.  In granting us with such a license, you acknowledge that:

  • We shall be free to use any ideas, information, concepts, know-how or techniques contained in your User Content for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information;
  • We shall be free to reproduce, use, disclose and distribute your User Content to others, subject to the terms in our Privacy Notice;
  • We have the right but not the obligation to use and display your User Content, and we may choose to stop using or displaying the same (or any portion thereof) at any time and for any reason whatsoever;
  • We have no obligation to examine or enforce any intellectual property rights in or to your User Content;
  • You will not be compensated for our use of your User Content in any manner; and it will not be returned to you; and
  • Your User Content will be treated as non-confidential, and we shall have no obligation to protect your User Content from disclosure or unauthorized interception by third parties. Accordingly, you should not share with us any materials that you wish to keep from the public; and if you choose to send messages to us that contain confidential, private or personal information, you do so entirely at their own risk.

You may not post, send, submit, publish, or transmit in connection with this Website any material that: does not pertain directly to this Website; advertises or otherwise engages in any commercial endeavor (including, but not limited to, offering products or services for sale, conducting contests, displaying sponsorship banners); solicits funds, advertisers or sponsors; impersonates or misrepresents your connection to any other entity or person or attempts to disguise the origin of your content; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; disobeys any of our policies or regulations regarding use of this Website; or contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, we have the right to monitor the use of this Website to determine compliance with these Terms and Conditions as well as the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for your User Content.  You acknowledge and agree that neither the Company nor any third party that provides content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission of your User Content.

4.1 Community, Forum, Chat, Online Events & Social Media Platforms

We may provide access to interactive features such as Community (including groups, discussion threads etc.), Forum, Chat, Online Events (such as webinars) and social media platforms in conjunction with our Services.  These are intended to facilitate discussion, learning and real-time interaction between our Users and with the Company.  We retain complete discretion with regards to which of these interactive features are used for our Services, and the nature of the interactions therein.

Information and content posted within these interactive features may be provided by My Heart Wellness’ staff as well as by individuals external to the Company (namely, Users and external contributors), some of whom may employ anonymous usernames. We do not control the messages, information, or files that those external to the Company may provide through any of these interactive features.

Although under no obligation to do so, we have the right to monitor any of the content or postings in any of these interactive features to determine compliance with these Terms and Conditions.  In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect the Company, our Clients and Members, sponsors, and visitors.

Notwithstanding these rights, you remain solely responsible for the material you share in these interactive features (your User Content).  You acknowledge and agree that neither the Company nor any third party that provides content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission of your User Content.

We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information, or statement made or displayed in any of these interactive features by individuals external to the Company; nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.  Under no circumstances will the Company, its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these interactive features.  The opinions expressed in the same are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

If you fail to comply with these Terms and Conditions, we reserve the right to expel you from and to refuse your continued access to any of our interactive features.  We may limit or deny access to such features for misconduct that includes, but is not limited to, being inappropriate, rude, violent, or threatening.  We are not required to provide notice, and we reserve all rights to take immediate and appropriate action to protect the Company’s brand and image integrity.

 

Our Website may contain links to other websites belonging to third parties, which we provide solely for the information and convenience of our visitors.  We have no responsibility for such third-party websites, and have not reviewed, verified or approved their content.  By providing links to such third-party websites, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them; we disclaim any opinions expressed on such sites; and we make no representations, warranties or assurances as to any content in such sites.  You acknowledge and agree that the Company will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any of content, goods or services or links available on or through such linked websites.  It is recommended that you exercise your own judgment in accessing such linked websites; and that you check their terms and privacy policies before using them or providing any personal information.

Where we offer our own Content on or through a third-party website (whether by linking, framing or otherwise), your use or display of that Content shall be subject to these Terms.

 

6. Services, Availability and Results

The programs, services, facilities, tools, or information that we make available through this Website, including for purchase, either now or in the future (collectively, “Service” or “Services) are subject to change.  We may also change their availability, descriptions, specifications, and prices at any time, without prior notice.

We neither represent nor warrant that our Services will be available at all times and cannot necessarily confirm availability until confirming your order.

Whilst every effort has been made to ensure that all general descriptions of our Services correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of our Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

Where we include any case studies or testimonials in relation to our Services, you can assume that none of these represents the “average” or “typical” customer experience.  Please also note that the images in our communications and on this Website are for illustrative purposes only.

The Services available through our Website have not been approved by any medical regulatory body.  It is your responsibility to determine that the Services are suitable for you as well as the extent to which you make use of our Services; it is not our responsibility to make such determinations.  Before using one of our Services, it is recommended that you consult your physician or another health professional and that you discuss the possible impact of your use of our Services on your health.

Keep in mind that our Services do not necessarily take into consideration your specific conditions or ailments.  Also keep in mind that any assessment or recommendation by us is made based on the information you provide.  It is your responsibility to inform us if you have any condition or particular circumstances that could impact or be negatively affected by any of our Services, even that condition or those circumstances are not responsive to any questions asked of you.  We have the right to assume that the information you provide is true and complete in all respects and that you have provided all relevant information.  We also have the right to refuse to provide you with Services if we reasonably believe that you have not provided complete and accurate information.

Please note that we do not guarantee any results from the use of our Services and will not be liable in any way for any failure of the Services to fulfil the purpose/s for which they were intended or to perform as specified, warranted or represented.  By booking/enrolling in any of our Services (Heart Health & Wellness Membership, Wellness Retreats, online Cardiology Consultations or Heart Health Evaluations with Dr. Edwin Tulloch-Reid), you hereby assume responsibility for your actions and the results you create, or fail to create, as a result of your actions or inaction. You agree that your success in attaining results is dependent upon a number of factors beyond the Company’s control, including your understanding of the material contained in your program and your effort to apply it as well as your level of personal development, knowledge, ability, dedication to the process, personality, and mindset.

AS STIPULATED BY LAW, NO FUTURE GUARANTEES CAN BE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT AND ALL FORWARD-LOOKING STATEMENTS INCLUDED ON THIS WEBSITE ARE SIMPLY ILLUSTRATIVE AND NOT INTENDED AS PROMISES OF ACTUAL RESULTS. YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL.  BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE.  BY YOUR USE OF THE CONTENT, YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES.  NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.

We shall use all our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.

 

7. Online Commerce

7.1 Information Required for Orders, Payment and Services

As part of the process to place an order, you will need to provide mandatory registration information which includes your name, home or work address, mailing address, email address and telephone number(s).  If an order has already been placed and you wish to make a change to your registration information which would affect your order details, please contact us by email at care@myheartwellness.com.

After registering for our Heart Health & Wellness Membership or booking a Wellness Retreat or Heart Health Evaluation or other prescribed Service with us, you will be asked to complete  Wellness Questionnaire forms at intake and periodically thereafter which inform us about your health and wellness concerns and priorities, vital signs and physical characteristics, cardiovascular risk factors, self-efficacy measures, and use of health technologies.  You may also be asked to complete Wellness Goal Setting/Completion forms which inform us of your health and wellness priorities and progress.  Following your participation in any of our Services, we may also contact you to ask about your satisfaction with our programs as well as to follow up on your health and wellness status, concerns and priorities.

Our collection, use, retention and disclosure of your personal information in the context of our Heart Health & Wellness Membership and Wellness Retreats are governed by our Privacy Notice, which is available to view on our Website.  Any personal medical information that you provide during an online Cardiology Consultation or Heart Health Evaluation with Dr. Edwin Tulloch-Reid will be protected under confidentiality laws that govern physician-patient communications.

We use third party services to process payments for our Services on our Website.  When you purchase any service from us, we do not see or have access to the information provided as part of those transactions, apart from your billing address, email address, and masked credit card information (for recurring subscription payments and refunds of payments).  The privacy policies of such third-party services apply to information you provide associated with those transactions.  We have no responsibility or liability for such third party’s privacy policies or practices or other terms and conditions that may apply.

7.2 Prices, Currency and Purchases

All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.

We take all reasonable care to ensure that the price of the Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced.  We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than the price stated to you, we will charge the lower amount.  If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel your order and refund you any sums you have paid if the Services have not already been provided to you.

You agree to only purchase our Services for yourself or for another person for whom you are legally permitted to do so.  When making a purchase for a third party that requires you to submit the third party’s personal information to us (as described in the following section), you represent that you have obtained the express consent of such third party to provide his/her personal information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website.  You agree to purchase and use our Services for legitimate, non-commercial purposes only.  You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular Service. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Services.

7.3 Your Order

Your order constitutes a contractual offer that we may, at our sole discretion, accept or refuse.  No other part of this Website constitutes a contractual offer capable of acceptance.

Once you have submitted and confirmed your order on our Website, we will acknowledge receipt of the order by confirming with you the details of the ordered Services on our Website.  However please note that this is not an acceptance of your order.

You represent and warrant to us that your provided payment method is valid and that you are authorized to use it.  If there is difficulty authorizing your payment method or it is otherwise in error, we may suspend or cancel your order.  Upon failure of your payment method, we may take reasonable steps to retry your payment method and may contact you to provide an alternate method. We are not responsible for any fees you may incur when charging or retrying your payment method, including but not limited to, overdraft fees.

Our acceptance of your order will take place when we send you an email to confirm that your order has been received and that payment has been successful.  At this point, a binding contract will come into existence between you and the Company (“Contract”).  This order confirmation email from us will contain the order confirmation,

If we, for any reason, do not accept your order, we will inform you of this in writing and any sums paid by you in relation to that order will be refunded within 14 calendar days. Such non-acceptance might occur because of unexpected limits on our resources which we could not reasonably plan for, because your payment method could not be authorized, or because we have identified an error in the price or description of the Services.

In the event that the Services included in your order confirmation email and/or delivered to you are not in conformity with your order and thus incorrect, please contact us immediately by email (care@myheartwellness.com) to inform us of the mistake.

Additional terms and conditions may apply to the provision of certain Services.  You will be asked to read and confirm your acceptance of any such additional terms and conditions when placing your order.

7.4 Changes to Your Order

If you wish to make a change to your order, please contact us as soon as you can by email at care@myheartwellness.com.  We will let you know if the change is possible.  If it is possible, we will let you know of any changes in the price, date, location, topic, or anything else about the order which would be affected as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order and thereby end the Contract between us in accordance with clause (3) in Section 7.5.

7.5 Cancelling Your Order

Following your order, you can always cancel your order and thereby end the Contract between us.  Your rights at that point will depend on your reason(s) for seeking to cancel your order, when you decide to cancel your order, and what you have purchased, as follows:

(1) If what you have purchased is misdescribed by us, you may have a legal right to end the Contract between us (or to make a change to your order or receive some or all of your money as a refund).  In such a case, please contact us by email at care@myheartwellness.com so that we may confirm whether a change or refund is possible, and under what terms.

(2) You may want to cancel your order and thereby end the Contract between us for any of the following specific reasons:

(2.1) We have notified you about an error in the price or description of Service you have ordered, and you do not wish to proceed;

(2.2) There is a risk that we cannot deliver the Service because of events outside our control;

(2.3) If we want to make any changes to these Terms or the Services you have purchased, we will first notify you using the email address you provided when placing your order.  If you do not agree to the upcoming change(s), you must contact us by email at care@myheartwellness.com to cancel your order before the changes take effect;

(2.4) You have a legal right to end the Contract between us because of something we have done wrong.

If any of the reasons set out in 2.1 to 2.4 apply, the Contract between us will end immediately, and we will refund you in full for any Services you have paid for but not received.

(3) In all other cases, your cancellation of your order will be subject to our payment, cancellation and refund terms (see Section 7.6).

To cancel your order and thereby end the Contract between us, please contact us by email at care@myheartwellness.com and provide your full name, home or work address, phone number, order number and details of the order, and your reason(s) for requesting cancellation.  By email, we will confirm the end of the Contract between us and provide refund details (if applicable) within 14 calendar days of receiving your request.  In both these instances, we will use the email address for you that you used to submit your request for cancellation.

Specific to our heart health & wellness membership, which is billed in advance on a recurring and periodic basis, you may cancel the automatic renewal of your subscription at any time either through your online account management page or by contacting us by email at care@myheartwellness.com.

7.6 Payment, Cancellation and Refund

Each Service has its own specific payment, cancellation and refund terms, which you may be asked to read and confirm your acceptance thereof when placing your order.  These may also be included in your order confirmation email from us.

The payment, cancellation and refund terms for all our Services are detailed in our Payment, Cancellation and Refund Policy, which is incorporated into these Terms and Conditions by this reference and is available to view on our Website.

If you cancel your order and thereby end the Contract between us, you may or may not be entitled to any refund.  Where a refund is due to you, it will be made within 14 calendar days of our confirming with you the end of the Contract between us.  Refunds will be made using the third-party services which processed your payment for the Service(s) on our Website, and to the same payment method that you used when placing your order.

 

8. International Users

The Company makes no representation that this Website or the Materials available through it are appropriate for use in locations outside of Jamaica.  Accessing this Website from locations in which this Website or any of its Materials are illegal is prohibited.  It is your responsibility to comply with the laws of your jurisdiction.

 

9. Disclaimer of Warranties

Every effort has been made to ensure that the Materials on this Website, including descriptions, availability and pricing of our Services, are accurate and reliable.  However, errors and/or omissions may sometimes occur, and the Company shall not be bound by any such errors and/or omissions which may occur and shall not be liable for any loss whatsoever which may result from such errors and/or omissions.

THE WEBSITE, MATERIALS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  YOUR USE OF THE WEBSITE, MATERIALS AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.

THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, SEQUENCE, QUALITY, ACCURACY, CONTENT, CURRENCY, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF ANY INFORMATION, SERVICES, CONTENT OR FEATURES ASSOCIATED WITH OR ACQUIRED PURSUANT TO THE USE OF THIS WEBSITE AS WELL AS FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THE WEBSITE OR THE USE THEREOF.

THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE MATERIALS, SERVICES AND THIS WEBSITE AND ANY LINKS THERETO OR THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, COMPLETENESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUSES OR OTHER CORRUPTING OR DESTRUCTIVE CODES OR MACROS.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, INJURY, COST, EXPENSE OR DAMAGES,  EITHER DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) (“THE LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE MATERIALS, THE MARKS, OUR SERVICES, THIS WEBSITE OR ANY LINKS THERETO AND THEREFROM, WHETHER OR NOT SUCH LOSSES ARE DUE TO THE NEGLIGENCE OF MY HEART WELLNESS’ OFFICERS OR STAFF.

THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR SERVICES.

9.1 Medical and Therapeutic Disclaimer

Any communications sent to you via the Website or otherwise from the Company (including, without limitation, in the form of newsletters, electronic mail or via telephone) and the Materials on this Website are provided only for informational and educational purposes, including in the areas of health, wellness, fitness, nutrition and lifestyle.

This Website, including its Materials, is not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment.

You should not rely on health- or wellness-related information or recommendations on this Website (including, without limitation, text, graphics or images) to diagnose or treat any health issues, illnesses or diseases.  Such information or recommendations are not a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment.  If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. You should not disregard, avoid or delay obtaining medical or health related advice from your health-care professionals because of something you may have read, viewed or heard on this Website.

The information on this Website or otherwise provided by the Company is not intended to constitute a comprehensive guide concerning all aspects of a therapy, service, product or treatment described on the Website; and nor does such information in any way endorse or support such therapy, service, product or treatment unless explicitly stated.  You should always seek advice from your health-care professionals for diagnosis and answers to your medical questions and to ascertain whether a therapy, service, product or treatment described on the Website is suitable in your circumstances.

The Company, its subsidiaries and affiliates neither endorse nor are responsible for the accuracy and reliability of any Materials (including, without limitation products, services, events, opinions, advice, or statements) on this Website made or provided by anyone other than an authorized representative of the Company while acting in their official capacity.

No oral or written information or recommendations given by the Company, or its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors, shall create a warranty of any kind.

THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY OF THE COMPANY’S WELLNESS SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE PRACTICE OF MEDICINE AND COUNSELLING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Please note that a physician-patient relationship between you and the Company may exist only in the context of the following Services: our online Cardiology Consultations and Heart Health Evaluations with Dr. Edwin Tulloch-Reid.  It does not exist in the context of any of our other Services: Heat Health & Wellness Membership or Wellness Retreats.

If you have any questions specific to the health- and wellness-related Content on this Website, you may contact us by email at medical@myheartwellness.com.

 

10. Limitation of Liability

Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering or managing the content of this Website (collectively the “Site Providers”), be liable to you or any third party, whether under contract, tort or otherwise, for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, any physical or mental illness, pain, suffering or emotional distress, loss of data or information of any kind, loss of revenue or income, loss of business goodwill or opportunity, loss of prospective economic advantage) arising from or in connection with the use of, the improper use of, or the inability to use, or the reliance upon the Website, or any communications sent to you via this Website or otherwise from the Company, or the Materials or Services made available throughout the Website including, without limitation, any damages suffered as a result of omissions or inaccuracies in such Materials or Services, the transmission of confidential or sensitive information to or from the Site Providers, and inconvenience, delay or loss of use of the Service, even if any one of or all of the Site Providers is advised of the possibility of such damages. Without limiting the foregoing, the Site Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of, or the inability to use, or the reliance upon any product, information, idea, or instruction contained in the Content of this Website.  In no event will the Site Providers’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.

The laws in certain states of other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of this Website.  If you are dissatisfied with the Website, any Materials or Services on the Website, or with any of the Website’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and the Materials and/or Services.

 

11. Indemnity

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of the Website and Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses (including, without limitation, reasonable attorneys’ fees and costs) of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

 

12. Dispute Resolution and Arbitration

Should we ever have any differences, it is hoped that we would be able to work them out amicably through a phone conversation and/or email correspondence.

In the event of any claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of these Terms and Conditions, you and we agree first to communicate by writing to the other using the contact addresses used in connection with this Website, providing the facts and circumstances and, where possible, a proposed resolution.  Your notice to us must be sent to us at our contact details below.  Please note that if the Company does not have a current address for you, then we have no obligation under this section.  You and we also agree to allow the recipient of such notice at least THIRTY (30) DAYS to respond and attempt to or settle the dispute prior to taking any other form of action, including legal action.

If we are unable to resolve such a dispute on terms with which you and we, in each of our sole discretion, are comfortable, we agree that we will submit to binding arbitration before a single arbitrator, selected jointly in Jamaica, in accordance with the Jamaican Arbitration Act 2017.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this Website, Terms and Conditions, or Privacy Policy must be filed within ONE (1) YEAR of the date of the act, omission, or other conduct complained of as submitted by you in email, failing which any and all liability as may otherwise have obtained shall be excluded.

Class Action Waiver

You may only resolve disputes with the Company on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. An arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Conduct in the Event of a Dispute

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, the Company, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

 

13. Termination

The Company reserves the right to cancel or terminate your right to use the Website or any part of the Website and/or our Services at any time without notice.  In the event of such cancellation or termination, you will no longer be authorized to access or use the Website or part(s) therefore affected by such cancellation or termination. The restrictions imposed on you, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access or use, and apply in full force.

The Company also reserves the right to cancel your bookings and purchases and to refuse provision of Services to any persons in its sole discretion without notice and without any liability if it appears that such bookings, purchases or provision of Services would be for any fraudulent or inappropriate purpose, or otherwise contrary to the interests of the Company.

In the event of termination of these Terms and Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to the Company, and all other provisions for which survival is equitable or appropriate.

 

14. Changes to our Website and Services

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), Materials and Services from time to time, for any or no reason and without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.

We reserve the right to make such changes without any obligation to notify past, current or prospective visitors to the Website.  Please note that the posted information on our Website may not immediately reflect such changes.

 

15. Changes to these Terms and Conditions

We reserve the right to change these Terms and Conditions at any time, without notice.  When we do, we will make changes to these Terms and Conditions on this Website and update the Effective Date at the top of this page.  We will notify you any material changes by an announcement on the Website’s home page.  It is your responsibility to review these Terms and Conditions periodically to become aware of any changes, revisions, or modifications.

Your subsequent use of this Website and/or its Materials after the date on which the changes come into effect will be subject in all respects to the Terms and Conditions in force at the time of such subsequent use.

If we are required to make any changes to these Terms and Conditions pertaining to the sale of Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

16. Miscellaneous

Entire Agreement

These Terms and Conditions shall be deemed to include our Privacy Notice, our Payment, Cancellation and Refund Policy, and all other notices, policies, disclaimers, and other terms that may apply to the Website (or parts thereof) or to the Services available through the Website or from the Company.  Together, they constitute the entire and exclusive agreement between you and the Company relating to your access to and use of this Website, the Materials and our Services (“Agreement”).

This Agreement inures to the benefit of, and is binding upon, you and the Company.  Any and all references in this Agreement to the Company shall, where the context so permits, include the Company’s subsidiaries, affiliates, employees, agents, officers, directors, and contractors.

This Agreement supersedes all previous communications, representations or agreements, either oral or written, between you and the Company with respect to the subject matters contained therein.

Severability

The provisions of this Agreement are intended to be severable.  In the event that any part or provision of this Agreement is declared fully or partially invalid, unlawful or unenforceable by a court of competent jurisdiction, that part or provision will be severed from the Agreement, and the remainder of the Agreement will remain in full force and effect.

Such a part or provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent.

If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.

No Waiver

No modification or waiver of any provision in this Agreement shall be valid or enforceable unless in writing and signed by an authorized representative of the Company.

Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right or remedy contained therein shall not be construed as a waiver of that provision, right or remedy.

Assignment

The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Third Party Rights

Nothing in this Agreement shall confer any rights upon any third party.

 

17. Applicable Laws and Jurisdictions

These Terms and Conditions shall be governed by and construed in accordance with the laws of Jamaica, without regard to conflicts of law provisions.  Subject to the provisions contained herein in relation to the resolution of disputes by arbitration, every dispute arising out of, or relating to, these Terms and Conditions or Services provided in connection therewith shall be resolved exclusively by the Courts located in Jamaica.  You agree that the jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms and Conditions, will be in Jamaica, and you hereby consent and submit to the exclusive jurisdiction and venue of the Courts in Jamaica.

 

18. Contact Information

If you have any questions or comments about these Terms and Conditions, or your experience with the Website, please contact us:

By email: legal@myheartwellness.com

By letter:  Attn: Terms and Conditions, Epanafero Ltd., Temple Court, 85 Hope Road, Kingston 6, Jamaica