Terms and Conditions

OVERVIEW

Please read these Terms and Conditions carefully before you engage with our website or create an account on our website. These terms and conditions shall govern your use of www.merkaba-health.com (collectively “Website”).

By accessing our website, information, resources, purchasing any goods or services , accessing our offering or content and/or using Merkaba’s “service” or any Third Party Provider Providers “service” offered on our website, you acknowledge and agree to be bound to the following terms and conditions (the “Terms and Conditions”, “Terms of Service”, “Terms of Use” “Terms”), including and not limited to those additional terms and conditions and policies outlined herein.

This website is operated by Merkaba Health Collective Inc. Throughout these terms and conditions and the website, the terms “we”, “us”, “our”, “our company”, refer to Merkaba Inc.

Throughout these terms and conditions and the website, the terms “partners”, “users”, “you”, “your”, “members”, “affiliates” and “practitioners”, refer to Third Party providers and /or you, whichever applies.

These Terms and Conditions apply to all visitors, members, users, and Third-Party providers who access or use the website, including without limitation users who are browsers, customers, practitioners, affiliates, partners, vendors, merchants, and/or content contributors. If you are not in agreement with any part of our Terms and Conditions, you may not access the website or use any services.

By using our website, you are agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. We do not assume any legal responsibility for false statements about age.

These Terms and Conditions are subject to change by us at any time at our sole discretion.

Section 1 - Health Disclaimer

Merkaba does not render medical, psychological, or other professional advice or treatment, nor does Merkaba provide or prescribe any medical diagnosis, treatment, medication, or remedy.

Merkaba encourages you to seek the care of a licensed healthcare professional if you believe such care is required.

If you are in crisis and experiencing suicidal thoughts, please contact Talk Suicide Canada Text 456.4566 or call 1.833.456.4566

THE INFORMATION ON THE WEBSITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT 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. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. 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 THIRD-PARTY PROVIDER MEDIA, PRODUCTS OR SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE “PRACTICE OF MEDICINE AND COUNSELING” INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Do not listen to any meditation recording while driving or operating equipment or machinery.

Merkaba expressly disclaims any liability of any kind or nature relating to any person’s use of this content.

Section 2 – General Conditions and Acceptable Use

If we believe you are using our website illegally or in any manner that violates these Terms and Conditions, Merkaba reserves the right to limit, suspend or terminate access to our website to anyone for any reason at any time. We also reserve the right to take any legal steps necessary to prevent you from accessing our website.

1. You may only use our website for your own personal purposes, and you must not use our Website for any other purposes, except with written permission from Merkaba.

2. You agree to not use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

3. You agree to not use our Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, violating, or harmful purpose or activity; engage in any activity that may be deemed inappropriate or offensive; or promote, engage in any form of exploitation of minor children under the age of 18.

4. You agree to not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is connected or linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; Hack into the account of another user of the website.

5. You agree to not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent or the consent of Third-Party Provider on this website;

6. You agree to not access or otherwise interact with our Website using any robot, spider, or other automated means, except for the purpose of search engine indexing; or

7. You agree to not use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).

8. You must not use data collected from our Website to contact individuals, companies or other persons or entities.

9. You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete, and non-misleading.

10. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

11. Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

Section 3- Products and Services

These Terms and Conditions govern the goods and services available through our website.

The following goods are, or will be available through our Website:

• Merkaba Merchandise

• Third-Party Providers products.

The following services are available through our website:

• Merkaba Annual Memberships

• Holistic Health & Wellness Advertising space

• Third-Party Holistic Health and Wellness services, sessions, courses, training, content, information, and resources, etc.

Section 4- Third-Party Providers and Links

Merkaba is NOT a health care provider. Merkaba does not claim to be a health care provider.

Merkaba website hosts Third-Party Providers (service practitioners, affiliates, and partners) information to assist in the deliver and support of the Merkaba website. These Third-Party Provider provide their holistic health support products and services accessible through Merkaba. Merkaba, provides you access to their website and contact information for users to utilize these various products and services such as self guided tools, courses, information, resources, peer to peer support, coaching and one on one and group sessions, etc.

Merkaba does not monitor nor have any control nor input of Third-Party Providers websites, content, material, services, or products. All information, descriptions, or images that we provide about Third-Party Provider’s goods and services are as accurate as possible. Merkaba is not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services provided by Third Party Providers.

You acknowledge and agree that we provide access to such Third Parties, without any warranties, representations, or conditions of any kind and without endorsement. Merkaba shall have no liability whatsoever arising from or relating to your use of Third-Party Provider services or products and is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms and conditions on which the services or products are provided by the relevant third-party provider.

When you use any of the Third-Party Provider services or products, you form a direct relationship with the provider. Third-Party Providers are responsible for the personal information which they collect from you. The use of their services and products is subject to those Third-Party Provider “terms of use” and privacy policies. Third-Party Providers may need to collect and use your personal information to provide the requested services or products to you. They may also require you to share more information about yourself. You do so at your own risk.

Merkaba does not collect or refund any funds for Third-Party Provider goods or services. This is the sole responsibility of those entities.

Merkaba is not responsible or liable of any claims, disputes, or any resolutions related to Third-Party Providers.

Merkaba does not share any personal information with any Third-Party Provider which is accessible through the Merkaba website.

Section 5 – Errors & Omissions

Merkaba acknowledges that at times here may be information on our website which may contain typographical errors, inaccuracies or omissions that may relate to service or product descriptions, pricing, promotions, offers, charges, or availability. Merkaba reserves the right to correct any such errors, inaccuracies, or omissions, and to update or revise the information or cancel the service or product if any information in the service on our Website or on any related website is inaccurate at any time without prior notice.

Merkaba is not responsible if any information made available on this site that is not accurate complete, or current. Any reliance on the material on this site or any Third-Party Provider website is at your own risk.

We are under no obligation to update, revise, amend or clarify information in the service or Third-Party website, including without limitation, pricing information, except as required by law. No update or revised date applied in the service of any Website, should be taken to indicate that all information in that service or on any related website has been modified or updated.

Merkaba is not responsible for Third-Party pricing or goods or services.

Section 6- Personal Information

When you provide Merkaba with your personal information through our Website it is governed by our Privacy Policy. See Privacy Policy.

Section 7 –Billing, Payment, and Membership Account Information

We accept the following payment methods on our website:

• Credit Card via PayPal and Stripe.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Merkaba reserves the right to refuse any service to anyone at anytime.

When you create a membership account on our website you agreed to the following:

1. When you purchase a membership on our website, you will be asked to choose a user ID, which will be an email address, and password.

2. You are solely responsible for your account and the security and privacy of your account, including passwords and sensitive information attached to your account. You must not use your account or user ID for or in connection with the impersonation of any person. You must keep your password confidential. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

4. You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete, and non-misleading.

5. You must not use any other person's account to access the Website unless you have that person's express permission to do so.

6. You agree that you will not share your account access with anyone and that your membership account is for the sole use for yourself.

7. Your annual membership automatically renews, and you will be automatically billed until we receive written notification that you want to cancel the subscription.

8. To cancel your subscription, please provide written notice 30 day prior to auto renew of your annual subscription.

Section 7 –Price Changes and Refunds

Merkaba prices are subject to change without notice.

We reserve the right at any time to modify or discontinue any service (or a part of the content) or goods provided on the website without notice at any time. Merkaba will not be liable to you or any Third-Party Provider for any modification, price adjustment, suspension of discontinuation of any service, product, or goods offered.

All services and goods are subject to applicable provincial and federal sales tax.

We do not provide refunds for services sold on our Website as follows:

• Refunds for goods and/or services provided through our Website by Third-Party Provider (Affiliates, Partners, Practitioners, etc.) are not the responsibility of Merkaba Inc.

Merkaba does not refund or collect funds for Third-Party Provider’s goods and services on the Website.

Section 7 – Copyright Notice

Copyright (c) 2023 Merkaba.

Subject to the express provisions of these terms and conditions:

We, together with our Third-Party Provider, licensors, partners, practitioners, and affiliates, own and control all the copyright and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Merkaba reserves the right to restrict access to areas of our Website, or our whole Website, at our discretion.

Cookies

Our website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit the cookies Squarespace uses.

Section 8- Intellectual Property

All content published and made available on our website is the property of Merkaba Inc and/or Third-Party Providers website's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website.

Section 9-Consumer Protection Law

Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These

Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Sections 10- Links to Other Websites

Our Website contains links to Third-Party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any Third-party website or service linked to on our Website. It is your responsibility to read the terms and conditions and privacy policies of these Third-party websites before using these websites.

Section 11-Limitation of Liability and Warranty Disclaimer

Merkaba Inc and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, death, personal injury damages, liabilities and expenses including legal fees from your use of the Website or any Third-Party Provider’s services, information, products, or goods offered on the Website.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Merkaba will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

Merkaba will not be liable to you in respect of any loss or corruption of any data, database, or software.

We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

Merkaba does not warrant or represent:

• the completeness or accuracy of the information published on our Website;

• that the material on the Website is up to date; or

• that the Website or any service on the Website will remain available.

Merkaba reserves the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

Merkaba reserves the right:

• to pass on any information that gives us concern to the relevant authorities; and

• to disclose your identity to any third party (or their legal adviser) who claims that any of your information or actions constitutes a violation of their intellectual property rights, or of their right to privacy.

Section 12-Indemnification

Except where prohibited by law, by using this Website you indemnify and hold harmless Merkaba Inc and our directors, officers, partners, practitioners, members, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these Terms and Conditions.

Sections 13- Applicable Law

These Terms and Conditions are governed by the laws of the Province of British Columbia.

Section 14- Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Merkaba Inc are unable to resolve any dispute through informal discussion, then you and Merkaba Inc agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Merkaba Inc. The costs of any mediation or arbitration will be shared equally between you and Merkaba Inc.

Notwithstanding any other provision in these Terms and Conditions, you and Merkaba Inc agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Section 15 - Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Section 16- Miscellaneous

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website. We will notify users by email of changes to these Terms and Conditions or post a notice on our Website.

The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the Website, and you must stop using the Website.

• Force Majeure: We are not responsible for delays or interruptions due to events beyond our control.

• Cessation of Operation: We reserve the right to cease Website operations or product offerings at any time.

• Governing Law: This Agreement is governed by the laws of British Columbia, Canada.

• Statute of Limitations: Claims must be filed within one year.

• Waiver of Class Action Rights: Claims must be filed individually, not as part of a class action.

• Termination: We reserve the right to terminate your access to the Website at any time for breach of this Agreement.

Section 17- Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

• Using our Contact Form here

• By mail, 323 Chino Place, Kamloops BC V2E 2R2 Attn: Merkaba Inc.

• Via email, at hello@merkaba-health.com

This Website is owned and operated by Merkaba Inc, trading as Merkaba.

We are registered in British Columbia Canada.