Terms & Conditions for
(i) Payment Plans for Weight Loss Programs and
(ii) Product & Kit Subscriptions
(i) Monthly or Bi-Weekly Payment Plans
- You are purchasing a Herbal Magic Corp. Weight Loss Program (the "Program"). Your Program begins on the date you accept the Terms and Conditions of this Agreement, and will continue until you reach the end of your program duration or cancel the program (the "Term").
- Subject to timely payment in accordance with this Agreement, during the term of your Program, you are entitled to the Herbal Magic Corp. services of regular online coaching sessions and to the essential Natural Health Products applicable to your Program (the "Products"). You understand that the Program provides weight loss Services and Products which are tailored to your individual needs and, if you follow the service protocol below, they should allow you to lose weight at a steady pace.
- You understand that to achieve your results you must adhere to the following service protocol:
- Adhere to the Herbal Magic Corp. Real Food Plan and complete your Food Journal accurately.
- Consume the Essential Natural Health Products applicable to your Program, in accordance with the guidance from your Herbal Magic Corp. Coach.
- You have the option to terminate this Agreement on thirty (30) days' notice to your coach (unless otherwise specified in writing) for the 3 Month Plan, sixty (60) days' notice for the 6 Month Plan, and one hundred twenty (120) days' notice for the 1 Year Plan. Termination will be effective the day following the end of the notice period. Any payment dates scheduled within the notice period will be applied.
IMPORTANT WAIVERS, DISCLAIMERS, TERMS AND CONDITIONS:
- You understand that:
- the Program is designed to help healthy individuals lose weight and achieve a healthier lifestyle;
- the Program is intended to assist you in your personal weight goals; and
- the Program provides weight loss and weight management coaching services, and its Personal Health Coaches are there to assist you in reaching these goals.
- However, you also acknowledge and agree, and waive any right to contest, that:
- you are responsible for your own health; it is solely your responsibility to discuss all medical conditions and your current health status with your physician prior to beginning this, or any other, weight loss program; and you agree to do so;
- the coaches and its services are not a substitute for medical advice, diagnosis or treatment;
- the coaches are not medically licensed individuals and are not providing you with any medical advice;
- the Program is a recommended dietary program only, it is not a medically-supervised program and in no way represents medical treatment or medical advice, and further, employees of Herbal Magic Corp. are not health practitioners and so they cannot be taken to diagnose or treat individual health problems or dietary issues;
- the Program may not accommodate for physical or medical conditions, food allergies or the taking of any medications (prescription or over-the counter) of which Herbal Magic Corp. is not made aware; and
- there is no guarantee that you will lose any amount of weight in any amount of time on the Program, and achieving and maintaining weight loss and achieving a specific amount of weight loss depends on numerous individualized factors.
- You hereby grant permission to Herbal Magic Corp., and their employees to provide you with weight loss services.
- YOU HEREBY RELEASE HERBAL MAGIC CORP. AND ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES OR DAMAGES FOR PERSONAL INJURIES WHICH YOU MAY SUFFER DIRECTLY OR INDIRECTLY RESULTING FROM ANY PARTICIPATION IN THE PROGRAM.
- You understand that any coaching tool, including the Herbal Magic Corp. Real Food Plan, and all written materials describing the service and the weight loss program or any of its parts, and all applicable trademarks, copyrights and other intellectual property in or to the weight loss program and related materials, are and remain the absolute property of Herbal Magic Corp. You acknowledge that you are purchasing only a non-exclusive, non-transferable license to use the Program and the related written materials for your own use and you have no right to duplicate or to sell, lend or otherwise transfer to any other person, or to make commercial use of the Program or related written materials.
- You agree to indemnify Herbal Magic Corp. from and against any claims, damages, costs or losses resulting from or arising out of your improper use of the Products, your breach of this Service Agreement or your infringement of any intellectual property or other right of Herbal Magic Corp. or its affiliates.
- This Agreement shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein.
- If any section of this Service Agreement is unlawful or unenforceable (for any reason) then that section will be severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.
- Herbal Magic Corp. will take all steps necessary to ensure that they meet privacy principles and requirements with respect to your personal information under applicable Canadian privacy legislation. Please be advised that in connection with the recurring payment authorization, you consent to the collection, use and disclosure of your personal information outside Canada where it may be subject to the lawful access requirements of foreign governments.
- Default: You will be in default under this Agreement if you fail to make a payment on any Payment Date or if any payment made by you is returned or is noncollectable, or if any bankruptcy proceedings are initiated by or against you or you otherwise become insolvent. If you are in default, then, in such circumstances: (i) we may accelerate your Program Fee payments by requiring that you pay to us all of the outstanding balance of any amount of Program Fees financed, as permitted by applicable law and/or (ii) we may suspend your right to participate in the Program and require you to remedy the default before being entitled to rejoin the Program.
You acknowledge that accepting the Terms and Conditions of this Agreement terminates all previous Service Agreements with Herbal Magic Corp.
(ii) Product & Kit Subscriptions
- You are purchasing a Herbal Magic Corp. product or kit. Your subscription begins on the date you accept the Terms and Conditions of this Agreement, and will continue until you cancel your subscription.
- You have the option to terminate this Agreement at any time. Termination will be effective the next business day. Any payment dates scheduled within the notice period will be applied.
- You will be in default under this Agreement if you fail to make a payment on any Payment Date or if any payment made by you is returned or is noncollectable, or if any bankruptcy proceedings are initiated by or against you or you otherwise become insolvent.