Updated: May 31st, 2021.

These Terms of Use ("Terms") govern all use of MyWellnessSchool.com ("Site"). By using and accessing the Site, you agree to these Terms, the Privacy Policy, Medical Disclaimer, the School Rules, other policies, and all applicable laws and regulations.

1.0 Defintions

• ‘Site’ means the website located at MyWellnessSchool.com, the mobile version, subdomains, and any pages therein.
• ‘School rules’ means the School Rules that detail the code of conduct on the Site.
• 'Member’ means a member of the Site and ‘membership’ shall be interpreted accordingly.
• ‘Member Content’ means any information that a Member enters or uploads to the Site, excluding Personal Information entered to register, but including information entered to activate an account, in the Account Settings and User Profile sections of the Site.
• ‘Member Name’ means the username You select to identify Yourself to other Members.
• ‘Personal Information’ means information about an identifiable individual, including You and others, e.g. Your name and email address.
• ‘Terms’ means the Member Terms which incorporate our School Rules, Privacy Policy, and Health Disclaimer detailed on the Site.
• ‘We’ or ‘Us’ means the Site owner, team, volunteers, and employees behind the Site.
• ‘You’ means you, the user of the site and ‘Your’ and ‘Yourself’ shall be interpreted accordingly.
• 'Customer', an individual who has purchased a paid product from the Site.
• 'Merchant', an independently contracted, third-party creator and licensor of products and services sold on the Site.
• 'Ajay Rampersad', the owner and operator of the Site.

2.0 Your Acceptance of the Terms of Use

These Terms are important and apply where You choose to use the Site or register as a Member. Please read these Terms carefully before registering as a Member or making any purchase on the Site. If you use, You will be deemed to have consented to these Terms. If You do not agree to these Terms, then YOU ARE NOT PERMITTED TO register as a Member.

IF YOU DO NOT AGREE TO THE TERMS OF USE, IMMEDIATELY STOP ACCESSING OR USING THE SITE. BY USING THE SITE, YOU HAVE ACCEPTED THE TERMS.

We reserve the right, at our sole discretion, to change or update these Terms from time to time without further notice, subject to Your termination right as set out below. It is therefore Your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these Terms or any future terms then You must discontinue using the Site.

3.0 About the Site, Product Offers, and Refunds

3.1 The Site, offers an online marketplace (the “MWS Marketplace”) through which certain third-parties (“Merchants”) offer products and services (“Products”) for purchase by consumers (“Customers”). Merchants are the creators and licensors of their Products and are solely responsible to Customers for the quality of the Products provided. Ajay Rampersad and My Wellness School are not responsible for interactions between Merchants and Customers. Additionally, Ajay Rampersad and My Wellness School shall not be liable for any claims, disputes, losses, injuries, or damages of any kind arising out of or relating to the Products, including but not limited to, any claims for false advertising, product defects, personal injury, or property damages. Additionally, we shall not be liable for any representations or guarantees as to the Product’s merchantability or fitness of use.

3.2 The Site, or communications you receive from Ajay Rampersad or the Site may include third-party content that we do not control, maintain, or endorse. Ajay Rampersad and My Wellness School are not responsible for such third-party content and shall not have any liability in connection with such third-party content. We make no representations or warranties regarding third-party content. You are solely responsible for assessing and verifying the identity and trustworthiness of any third-party source and content.

3.3 Refund Policy. Due to the nature of digital products, all sales on the Site are final. Unless otherwise indicated on a specific product sales page, all purchases are non-refundable. In some cases, refunds may be processed in the form of store credit. See specific product sales page for details.

4.0 Merchant Terms

4.1 Product Approval and Launch. Merchants interested in selling their Product in the MWS Marketplace must submit regarding their Product to our team for approval. We are not obligated to list the Product. Inclusion of the Product in the MWS Marketplace is dependent on MWS team’s final approval. Whether a Product is listed in the Marketplace and when it is listed will be at the sole discretion of Ajay Rampersad and My Wellness School. Products are typically listed on a first-come, first-serve basis once a Merchant has completed pre-launch tasks and its Product has been approved by My Wellness School. Failure to complete such tasks on a timely basis will result in the launch date being pushed back. Merchant shall ensure that it is ready to handle Customer questions beginning on the launch date and for the lifespan of the product listing or at least three (3) months following removal of the Product from the MWS Marketplace.

4.2 Term. Unless otherwise stated herein, these Merchant Terms shall be in effect from the time Merchant submits Product specifics for approval until one hundred-twenty (120) days after the Product is removed from the MWS Marketplace. Approved Products will be listed in the MWS Marketplace for a minimum of one hundred-twenty (120) days unless removed earlier by My Wellness School. Inclusion of the Product in the MWS Marketplace is at the complete and sole discretion of My Wellness School. We reserve the right to remove any Product on the MWS Marketplace at any time, with or without notice, for any or no reason. Upon removal of the Product from the MWS Marketplace, we will pay any Revenue Share, as defined herein, owed Merchant in accordance with the provisions of these Merchant Terms and Joint Venture Agreement. Upon suspicion of fraud or impropriety, Revenue Share payments may be delayed, withheld, or cancelled in accordance with the provisions of these Merchant Terms.

4.3 Changes to Product. Upon listing the Product in the MWS Marketplace, Merchant shall not reduce any feature or offering of the approved Product. If any changes are made to the Product, Merchant will notify My Wellness School in order to ensure proper communication to Customers and avoid confusion and support issues. We reserve the right to remove any Product if any feature or offering is reduced after the Product is listed in the MWS Marketplace.

4.4 Merchant Revenue Share. Merchant will receive a revenue share commission as outlined in the Joint Venture Agreement for each sale of a Merchant product on the Site before standard PayPal processing fees have been deducted. Partner payouts will be paid and processed via PayPal. The Site does not store or process personal financial information. If the Partner does not have a verified Business PayPal account, one must be setup by the Partner before selling the Product on the Site.

5.0 Eligibility

You must be 18 years or over to use the Site or register as a Member. If We discover or have any reason to suspect that You are not over 18 years of age, We reserve Our right to suspend or terminate Your membership to the Site immediately and without notice and to take any other actions in accordance with applicable law.

6.0 Your Promises to Us

You confirm that:

• You are over 18 years of age.
• You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below and in our School Rules.
• You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use and Membership or arising from any breach or suspected breach of these Terms by You or Your violation of any law or the rights of any third party.

7.0 Your Account

When You register as a Member, You will select a password and Member name that You can use to access Your profile and to log on to the Members’ area of the Site. You are responsible for maintaining the confidentiality of Your password and Member name and are responsible for all activities that occur under them. We do not have the means to check the true identity of people using the Members’ area of the Site and will not be liable where Your password or Member name are used by someone else. You agree to notify Us immediately of any unauthorized use of Your password or Member name or any other breach of security of which You become aware. You agree to be fully responsible for all use of Your account and for any actions that take place using Your account and to maintain and promptly update any information You provide to Us when You register, to keep it accurate, current and complete.

8.0 Member Content

You are solely responsible for Member Content that You post or create on the Site including any questions asked and shares or posts on the Site. We respect the intellectual property rights of others and We prohibit Members from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When We receive notification of a potential copyright infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. We may remove Member Content from the Site for any reason or no reason, including without limitation Member Content that in Our sole judgment violates these Terms, that might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of other Members, or other people in general or Member Content that has generated a complaint which warrants further investigation. You may not post, transmit, or share Member Content on the Site that You did not create or that You do not have permission to post. You understand and agree that We are not obliged to review the Site for copyright infringement and are not responsible for Member Content posted by third parties without Our knowledge.

When You post Member Content to the Site, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such Member Content. By posting Member Content to any part of the Site, You grant, and You promise that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content. You waive any moral rights that You may have to Your Member Content. You may remove Your Member Content from the Site at any time by deleting yourself or using our support chat at htttps://help.mywellnessschool.com.

9.0 My Wellness School Content

All content made available on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are Our property or are licensed to Us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent. This excludes Member Content that You legally post to the Site.

Subject to the above, You may download insubstantial excerpts of Our content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use of Our content other than as specifically authorized in these terms, without Our prior written consent, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at Our sole discretion, at any time and without notice.

10.0 Links and Third-Party Websites and Content

Please be aware that the Site may link to other websites that may be accessed by You through the Site. Such third party websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any websites You may access via a recommendation or suggestion on the Site. Inclusion of, linking to or permitting the use or installation of any third party website or any third party applications, software or content does not imply approval or endorsement by Us. If You decide to leave the Site and access a third party website or to use or install any third party applications, software or content, You do so at Your own risk. We are not responsible for the policies, content or security of these linked websites, including how they protect Your privacy and collect, use and disclose Personal Information. We strongly encourage You to review the privacy policies applicable to any linked websites You visit.

11.0 Code of Conduct

We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, under normal circumstances, although We reserve the right to do so. However We do seek to balance this aim with our obligations to other Members and at law. We therefore require that You do not:

• Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others.
• Advertise or promote third party or Your own products or services including by way of the distribution of spam mail.
• Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate.
• Make insulting remarks to or about other Members or any person generally.
• Distribute illegal, copyright infringing, indecent or offensive material or any messages or Member Content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors.
• Impersonate another person or Member or a moderator.
• Transfer files that contain viruses, trojans or other harmful programs.
• Use the Site to conduct any fraudulent activity including any ‘pyramid scheme’; ‘ponzi scheme’ or ‘chain letter’.
• Access or attempt to access Members’ accounts or to penetrate or attempt to penetrate the Site security measures.

We may take any or all of the following actions at Our sole discretion:

• Remove any Member Content or information (including Member profile photographs) that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these terms or where We are required to do so by law.
• Issue Members with verbal or written warnings and take such further action as We deem appropriate if such warnings are not heeded.
• Suspend or terminate a Member’s access to certain areas of the Site or a Member’s account without notice at any time.
• Inform the appropriate authorities and provide them with information regarding any suspected illegal activity.
• Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

We will determine what action is appropriate to be taken against a Member on a case by case basis.

You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between You and other Members.

Without limiting any of the foregoing, you also agree to abide by Our School Rules that provide further information regarding the authorised conduct of Members while on the Site and which form part of these Terms.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

12.0 Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our Site constitutes an infringement on your copyright, please provide notification to the address listed below setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

Contact information for My Wellness School’s Copyright Agent for notice of claims of copyright infringement is as follows:

Ajay Rampersad 4481 Mayflower Drive, Mississauga, ON Canada L5R 1S7 hello@mywellnessschool.com.

13.0 Privacy

Your privacy and that of all our Members is very important to us. Please read Our Privacy Policy for important information regarding the collection, use, disclosure and retention of Your Personal Information and Your rights in relation to this. Our Privacy Policy is incorporated by reference into, and accordingly is part of, Our Terms.

14.0 Termination

Your Membership term is lifetime unless otherwise stated. You may also cancel Your Membership at any time by notifying us through our support chat at https://help.mywellnessschool.com.

We may terminate Your Membership, delete Your account and Your Member Content and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 18.

15.0 Our Legal Obligation and Limits on Liability

While We have taken every care in compiling the Site with resources (which is based on evidence-based information and professional practice), You acknowledge that the information contained on the Site does not constitute medical or professional advice. The Site is provided for information purposes only and all content, products, and services on the Site are provided on an ‘as is’ and ‘as available’ basis. We do not make any promises to You in respect of the Site or its content, including, without limitation, information provided by or regarding other Members, Member Content, or Merchants. Do not use the information on the Site to diagnose or treat any medical condition. You should never disregard or delay seeking medical advice because of something that You have read on the Site.

Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk. You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Site. So far as is permissible by law, We do not accept any liability to any person relating to the use of the Site.

While We will use all reasonable endeavours to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, We do not promise that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions. We shall not be liable for any failure or suspension of the Site, or for termination of access to the Site or access to content, including Member Content.

Due to the fact that many technical aspects of the Site and the content provided is supplied by or otherwise dependent on third parties, We are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content and Member Content contained in or accessed through the Site.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify MyWellnessSchool.com, its owners, members, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AJAY RAMPERSAD OR MY WELLNESS SCHOOL, HIS AND ITS AFFILIATES, SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING WITHOUT LIMITATION, ANY PERSONAL INFORMATION AND ANY OTHER INFORMATION CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE (B) YOUR INABILITY TO USE THE SITE OR ANY SITES LINKED TO IT; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) AFFILIATE OFFERINGS, PRODUCTS ACCESSIBLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A THIRD-PARTY CONTENT PROVIDER OR VENDOR; (F) THESE TERMS OF USE OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL AJAY RAMPERSAD OR MY WELLNESS SCHOOL'S LIABILITY IN CONNECTION WITH A PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A THIRD-PARTY CONTENT PROVIDER OR VENDOR.

We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.

16.0 Indemnification and Release

You agree to defend, indemnify and hold harmless Ajay Rampersad and My Wellness School, his and its affiliates, licensors and service providers, and his, its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to (a) any violation of the Terms of Use by you (b) your use of the Site (c) information provided by you to My Wellness School that you submit, transmit or otherwise make available through the Site or (d) any violation of any rights of another or harm you may have caused. My Wellness School shall retain sole control of the defense of any such claim. This indemnification provision shall be construed broadly in favour of Ajay Rampersad and My Wellness School. You are solely responsible for your interactions with other users of the Site.

My Wellness School is not responsible for interactions between Merchants and Customers. To the extent permitted under applicable laws, Customer hereby releases Ajay Rampersad and My Wellness School from: (i) any and all claims or liability related to any Product, regardless of whether such Product is available through the Site, (ii) any action or inaction by a Merchant, including, without limitation, any harm caused to Customer by action or inaction of a Merchant, or (iii) a Merchant’s or any third-party’s failure to comply with applicable law and/or failure to abide by the terms of a Product wherever purchased or obtained by Customer from the Merchant or any other third-party.

17.0 General

By accessing the Site, You agree that these Terms of Use and all matters relating to the access to, or use of, the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles.

All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the Courts of the Province of Ontario. By using the Site, you submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action, or proceeding arising out of or in connection with same.

If any part of these terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

18.0 Complaints and Feedback

If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by using our support chat at: https://help.mywellnessschool.com.