Effective Date: March 29, 2025

Website: https://equilwellness.com

Email: hello@equilwellness.com

These Terms and Conditions (“Terms”) govern your access to the website at equilwellness.com (the “Website”), your use of the content (the “Content”), and the purchase and use of our products and services (the “Products and Services”). These Terms apply to all users of the Website, including browsers, customers, and content contributors.

By accessing or using the Website, purchasing any Product, or clicking to accept these Terms, you agree to be bound by them (including any documents referenced herein). If you do not agree to these Terms, you must not use the Website or purchase Products and Services from us.

The full terms are outlined below:

GOVERN YOUR ACCESS TO THE WEBSITE AND THE CONTENT (AS DEFINED HEREIN), AND USE OF THE PRODUCTS AND SERVICES, AND APPLY TO ALL USERS OF THE WEBSITE (INCLUDING USERS WHO ARE BROWSERS, CUSTOMERS, OR CONTRIBUTORS OF CONTENT). BY ACCESSING OR OTHERWISE USING THE WEBSITE, BY MAKING A PURCHASE OF ANY PRODUCT, BY CLICKING A BOX THAT PROVIDES THAT YOU AGREE TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS (INCLUDING THE LINKED DOCUMENTS REFERRED TO IN THESE TERMS), AS REVISED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE ANY PRODUCT FROM US. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY OTHER TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE WEBSITE OR PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESS TO AND USE OF THE WEBSITE AND PRODUCTS AND SERVICES. BY USING THOSE FEATURES, YOU ACKNOWLEDGE THAT YOU HAVE ACCEPTED AND AGREE TO ABIDE BY THOSE ADDITIONAL TERMS (AS DEFINED HEREIN) AS APPLICABLE. YOU REPRESENT THAT YOU ARE AT LEAST THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION. IF YOU ARE ACCESSING OR USING THE WEBSITE OR PURCHASING PRODUCTS AND SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” WILL REFER TO SUCH ORGANIZATION. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE ANY PRODUCTS OR SERVICES FROM US.

THE WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES ARE NOT INTENDED TO BE A SOURCE OR MEDICAL ADVICE. YOU SHOULD SPEAK WITH YOUR HEALTHCARE PROFESSIONAL FOR INFORMATION REGARDING HEALTH-RELATED QUESTIONS. THE CONTENT ON THE WEBSITE OR ACCESSIBLE THROUGH THE WEBSITE SHOULD NOT BE CONSTRUED AS TAKING THE PLACE OF ANY ADVICE RECEIVED FROM YOUR HEALTHCARE PROFESSIONAL OR AS A SUBSTITUTE FOR SEEKING ADVICE, ASSESSMENT OR EVALUATION FROM YOUR HEALTHCARE PROFESSIONAL. EQUIL IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON CONTENT AVAILABLE THROUGH THE WEBSITE. SUCH CONTENT IS GENERAL IN NATURE, IS NOT COMMUNICATED TO YOU PERSONALLY, AND IS NOT INTENDED TO BE ADVICE OR INFORMATION TO BE RELIED UPON BY YOU NOR SHOULD IT BE. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY INFORMATION, INCLUDING ANY RELIANCE ON THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR APPROPRIATENESS OF SUCH CONTENT. DO NOT USE THE WEBSITE OR CONTENT TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM EXCEPT ON THE ADVICE AND SUPERVISION OF YOUR HEALTHCARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THE WEBSITE.

YOU SHOULD CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE MAKING ANY DECISION OR USING ANY PRODUCT THAT MIGHT AFFECT YOUR PHYSICAL OR MENTAL WELL-BEING. THE PRODUCTS AND SERVICES ARE NOT PRESCRIBED MEDICATION AND SHOULD NOT BE TAKEN AS A SUBSTITUTE FOR MEDICALLY SUPERVISED THERAPY. BEFORE USING ANY PRODUCT, WE STRONGLY ENCOURAGE YOU TO, AND IT IS YOUR RESPONSIBILITY TO, CONSULT WITH YOUR HEALTHCARE PROFESSIONAL REGARDING ANY POTENTIAL INTERACTIONS BETWEEN ANY MEDICATION YOU ARE CURRENTLY TAKING AND THE PRODUCTS AND SERVICES. PLEASE CAREFULLY READ ALL INFORMATION PROVIDED WITH THE PRODUCTS AND SERVICES, INCLUDING LABELLING AND PACKAGING. IF YOU EXPERIENCE A REACTION OF ANY KIND TO THE PRODUCTS AND SERVICES, OR IF A MEDICAL CONDITION OTHERWISE ARISES OR PERSISTS, YOU SHOULD SEE YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

These Terms are effective on the earlier of the date (a) you click to accept these Terms, or (b) purchase any Product or Service, or otherwise use the Website. You agree to have these Terms, and any related information made available to you, and to otherwise have communications between you and Equil occur, electronically. You acknowledge the Equil privacy statement located at <https://www.Equilwellness.com> (the “Privacy Statement”) as revised from time to time, and you consent and agree to our collection, use and disclosure of personal information as described in the Privacy Statement.

For a summary of how Equil collects, uses and discloses personal information, please see Equil’s Privacy Statement. When you access and use the Website and purchase Products and Services, you may also interact with others, such as the provider of a Third-Party Service. The others with whom you interact may also collect, use and disclose your personal information. Equil’s Privacy Statement only describes how Equil collects, uses and discloses your personal information. To understand how others with whom you interact collect, use and disclose your personal information, you must review their privacy policies

License. Subject to these Terms and your continued compliance with these Terms, Equil grants you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Website and any content made available to you on the Website (the “Content”). These Terms permit you to use the Website for your personal use only, and not for any commercial purpose. Additional Terms. You agree to comply with these Terms and with all applicable laws. The Website, Products and Services, and Third-Party Services may have additional terms that apply to your use of the Website, Products and Services or Third-Party Services, including the Shopify Terms (“Additional Service Terms”). You agree to comply with all such Additional Service Terms. Additional Service Terms are available through the Website or at the websites of the providers of the Third-Party Services.

Products and Services (if applicable). We have made commercially reasonable efforts to display, as accurately as possible, the colours and images of our Products however, we cannot guarantee that your computer monitor's display of any colour will be accurate. You also acknowledge that despite our efforts, there may be variances between the images on our Website and the Products that you receive.

Certain Products may be available exclusively online through the Website. These Products and Services may have limited quantities and are subject to cancellation, return or exchange only according to the Equil cancellation and return policies (“Return Policy”). We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product and Services we offer for sale. All descriptions of Products and Services or Product and Services pricing are subject to change at any time without notice, at the sole discretion of Equil. We reserve the right to discontinue any Product and Services at any time.

We also reserve the right to refuse any order that you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Equil will arrange for third-party delivery of any Products purchased as part of the Products and Services with a third-party courier to your designated destination but shall not bear any risk of loss for the Product following Equil’s delivery of such Product to the designated third-party courier. For greater certainty, you shall bear all risk of loss for the Product once such Product has been delivered by Equil to the designated third-party courier. Equil does not guarantee shipment or delivery by a certain date or time. Equil shall not be liable for any loss or damage of any kind which results from delay in shipment, delivery, or failure to give notice of delay. We reserve the right to backorder any Product and to ship from backorder in such order as we determine. For more detail, please review our Return Policy.

Unacceptable Use. You will not, directly or indirectly: (a) make the Website, Content or Products and Services available to, or use the Website, Content or Products and Services for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website, Content or Products and Services, or include the Website or Content in a service bureau or outsourcing offering, (c) use the Website to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, including intellectual property rights and privacy rights, (d) use the Website to send spam, or to store or transmit any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data (“Malicious Code”), (e) interfere with or disrupt the integrity or performance of the Website or Content, (f) attempt to gain unauthorized access to the Website or Content or their related systems or networks, (g) access or use any Equil intellectual property except as permitted under these Terms, (h) copy or make derivative works from all or any part of the Website, Content or Products and Services or any part, feature, function or user interface of the Website, Content or Products and Services, (i) frame or mirror any part of the Website or Content, or otherwise incorporate any portion of the Website or Content into any product or service, (j) access or use the Website, Content or Products and Services in order to build a competitive product or service or to benchmark with a non-Equil product or service, (k) reverse engineer the Website or Content, or any software used to provide them, or the Products and Services (to the extent such restriction is permitted by applicable laws), (l) access or use any part of the Website or Content that is (expressly or implicitly) not intended for use by you, (m) use any non-Equil automation code in relation to the Website or Content (including any “bot” or “spider”), (n) collect or harvest any information from the Website or Content in a bulk or systematic way, (o) remove, alter, or obscure any proprietary notices on the Website, Content or Products and Services, (p) probe, scan, or test the vulnerability of the Website or Content or any network connected to them, or breach the security or authentication measures on them or on any network connected to them, (q) collect, harvest, reverse look-up, trace, or otherwise seek to obtain any information on any other user of or visitor to the Website, (r) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to them, or (s) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message you send to Equil or any other person on or through the Website.

Information through the Website. Certain parts of the Website let you provide information to Equil, and to Third-Party Services providers. You agree that (a) all information you provide on or through the Website (each, a “Submission”) will be true, accurate and complete, (b) you will update each Submission as necessary so that it remains true, accurate and complete at all times, (c) you will not impersonate any person when making a Submission, (d) Equil and the providers of Third-PartyServices are entitled to rely on your Submissions, (e) you will only include the personal information of another individual in your Submission if you have the express permission of that individual or if you are otherwise entitled to do so at law, (f) you will not include any statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others, that is bigoted, hateful, or racially offensive, or that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, (g) you have obtained at your own expense all necessary consents, rights and permissions required to grant to Equil the license provided below, and (h) you will not include in any Submission or otherwise transmit any Malicious Code. By making a Submission, you thereby grant to Equil and the providers of the Services an irrevocable, unlimited, sublicensable (through multiple tiers), transferable, royalty-free, worldwide, perpetual license to use, copy, distribute, modify, make derivative works from, and disclose the information and any other content in the Submission, for any purpose whatsoever, and you hereby waive all related moral rights. For a summary of how Equil collects, uses and discloses personal information that might be included in a Submission, please see Equil’s

Privacy Statement. Reservation of Equil Rights. Equil and its licensors and the providers of Third-Party Services have and will retain all right, title and interest in and to the Website, Content and Products and Services, and the software and systems used to provide them (including all patent, copyright, trademark, trade secret and other intellectual property rights), and all copies, modifications and derivative works of any of them. You acknowledge that you are obtaining only a limited right to access and use the Website and Content. No rights are granted to you under these Terms other than as expressly set forth in these Terms. Without limitation, you have no right to use any trademarks owned or used by Equil or by the providers of Third-Party Services.

License to Use Your Feedback. You grant to Equil and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction or other feedback provided by you.

Third-Party Services. While some services are provided by Equil, the Website and Content also allow you to access Third-Party Services. You are responsible for all fees and taxes that may be charged for the use of Third-PartyS ervices outside of the Website. Your use of any Third-Party Services is at your own risk. Equil makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third-Party Services. Equil does not guarantee the continued availability of Third-Party Services, and Equil may disable a Third-Party Service in Equil’s sole discretion. Your dealings with the provider of any Third-Party Services are solely between you and the provider. Accordingly, Equil expressly disclaims responsibility and liability for all Third-Party Services, and you agree that Equil shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third-Party Services. If you have any issues with a Third-Party Service, you must contact the provider of the Third-Party Service directly. Where you use a Third-Party Service, you authorize us to provide basic account information to the provider of the Third-Party Service to allow the provider of the Third-Party Service to contact you.

Third-Party Content. When you use Third-Party Services, content is provided by providers of Third-Party Services and other third parties (collectively, “Third-Party Content”). You use any Third-Party Content at your own risk. Equil makes no representations or warranties with respect to, nor does it guarantee or endorse, any Third-Party Content. Equil does not guarantee the continued availability of Third-Party Content, and Equil may disable or remove any Third-Party Content in Equil’s sole discretion. Equil expressly disclaims responsibility and liability for all Third-Party Content, and you agree that Equil shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of your use of Third-Party Content.

Links to Other Sites.  The Website or Content may provide links to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not been reviewed by Equil and are maintained by third parties over which Equil exercises no control. Accordingly, Equil expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any Third-Partyor any website or the products or services provided by any third party.

Fees and Payment. Our fees are subject to change without notice, and we make no guarantee that a previously quoted fee will be available at the time an order is placed. Payments will be processed on behalf of Equil by a third-party payment processor. Upon submitting your order, your information will be sent to the third-party payment processor. Equil (or a Third-Party payment processor on our behalf) will invoice you on a per transaction basis for all fees due with respect to any Products and Services you purchase through the Website, as well as any processing fee charged to Equil by our Third-Party payment processor, if applicable. You are responsible for and agree to pay promptly, all fees relating to Products and Services that you purchase through the Website. Personal information that you submit during the payment process is subject to our Privacy Statement. You agree and accept responsibility for keeping all your billing and shipping information current, including your address, payment information, telephone number and email address. You represent to Equil and Equil’s Third-Party payment processor that you have the right to use any credit card or other means of payment that you provide to us and that all billing information you provide is truthful and accurate.

Fees are exclusive of, and you are responsible for payment of, all taxes, levies, duties, tariffs, assessments, export and import fees, or other similar local, state, provincial, federal or foreign jurisdiction governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes imposed by any jurisdiction arising from the payment of the fees or Equil’s provision of the Website, Content or Products and Services, except taxes based on Equil’s income, property or employees (collectively, the “Taxes”). If Equil has the legal obligation to pay or collect Taxes for which you are responsible under this section, Equil will invoice you and you will pay that amount unless, prior to your purchase, you provide Equil with a valid tax exemption certificate authorized by the appropriate taxing authority. You will make all payments of fees to Equil without reduction for any withholding taxes, except as required by law, and any such taxes imposed on payments of fees to Equil will be your sole responsibility and shall increase the amount payable as necessary so that after making all required deductions and withholdings, Equil receives an amount equal to the amount it would have received had no such deductions or withholding been made. Further, you will provide Equil with official receipts issued by the appropriate taxing authority, or such other evidence as Equil may reasonably request, to establish that such taxes have been paid.

Disclaimer of Warranties; Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOUR USE OF THE WEBSITE, CONTENT AND PRODUCTS IS AT YOUR OWN RISK. EQUIL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, COVENANTS, CONDITIONS AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY, IN CONNECTION WITH THE WEBSITE, CONTENT AND PRODUCTS AND SERVICES INCLUDING ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, NON-INFRINGEMENT OR THOSE ARISING OUT OF COURSE OF PERFORMANCE OR DEALING OR USAGE OF TRADE.

EQUIL MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR CONTENT ARE OR WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT THE WEBSITE WILL BE SECURE, OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF MALICIOUS CODE. EQUIL IS NOT RESPONSIBLE FOR THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE WEBSITE. EQUIL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY THIRD-PARTYSERVICES, THIRD-PARTYCONTENT, OR THIRD-PARTY WEBSITES OR RELATED CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEBSITE OR CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE USE THEREOF.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF EQUIL (OR EQUIL’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD-PARTYSERVICES AND THIRD-PARTYCONTENT) FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) (COLLECTIVELY “LOSSES”) TO YOU RELATED TO THE WEBSITE, CONTENT, PRODUCTS AND SERVICES, OR THESE TERMS, EXCEED THE LESSER OF (A) THE DIRECT DAMAGES SUFFERED BY YOU, AND (B) $100. ANY ACTION COMMENCED BY YOU AGAINST EQUIL MUST BE BROUGHT WITHIN 12 MONTHS OF THE CAUSE OF ACTION ARISING.

IN NO EVENT WILL EQUIL (OR EQUIL’S DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS OR AGENTS, OR THE PROVIDERS OF THIRD-PARTYSERVICES AND THIRD-PARTYCONTENT) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT (INCLUDING UNDER AN INDEMNITY), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Indemnity. You will indemnify and hold Equil (and Equil’s directors, officers, employees, partners, suppliers and agents, and the providers of Third-Party Services and Third-Party Content) harmless from all Losses arising from your use of the Website, Content, or your breach of any of these Terms, or your purchase or use of any Product, and from all Losses resulting from any Comment that is untrue, inaccurate or incomplete.

Termination and Suspension. If you fail to comply with these Terms, then, without limiting any other right or remedy available to Equil, Equil may suspend or terminate your license to use all or any part of the Website, with or without notice to you, and without any liability to you or any other person. If Equil terminates or suspends your license to use all or any part of the Website, then these Terms will nevertheless continue to apply in respect of your use of the Website or Content, or purchase of Products and Services prior to such termination or suspension.

Export Controls. These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America or Canada of any of the Content or Products and Services, or any information about any of them, which may be imposed from time to time by the governments of the United States of America or Canada. You shall not export any of the Content or Products and Services, or any information about any of them without the prior written consent of Equil and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.

Governing Law and Jurisdiction. These Terms, and any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website, the Content or the Products and Services, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, shall be governed by and interpreted according to the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to any conflicts of law rules that might apply the laws of any other jurisdiction. You and Equil each attorn to the exclusive jurisdiction of the courts of Ontario in respect of any such dispute, controversy or claim, except that, notwithstanding the foregoing, (i) you agree that Equil shall be entitled to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and (ii) you agree that Equil shall be entitled to seek and be awarded an order from a court of competent jurisdiction anywhere in the world for the purpose of recognizing and enforcing any interim or final judgement, order, injunction, award or other relief granted or provided by the courts of Ontario, and you hereby waive any defence you might then have to the granting of such an order

Injunction. You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable harm to Equil, such harm would not be quantifiable in monetary damages, and Equil would not have an adequate remedy at law. You agree that Equil shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction anywhere in the world restraining any breach, threatened or actual, of your obligations under any provision of these Terms, and without the necessity of showing or proving any actual or threatened damage or harm, notwithstanding any rule of law or equity to the contrary. You hereby waive any requirement that Equil post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Equil to enforce any provision of these Terms.

Class Action Waiver. Any proceedings to resolve or litigate any dispute, controversy or claim arising under, out of, in connection with, or related to (a) the Website or the Content, or (b) these Terms, or their subject matter, negotiation, performance, renewal, termination, interpretation, or formation, will be conducted solely on an individual basis. Neither you nor Equil will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.

Amendments, Errors, Inaccuracies and Omissions. We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “last revised” notice at the top of this document shall be amended to reflect the last date of such changes. We will notify you in advance of any changes to these Terms, which may occur by email to your email address or by notifying you online through posting the changes to the Website. The changes will become effective thirty (30) days after that day on which you are so notified or, if later, the specified effective date. For certainty, prior use of the Website, including purchases of Product, under an earlier version of the Terms will continue to be subject to the version of the Terms that was in effect at that time. You acknowledge that a new contract is formed between you and us each time you purchase Product through the Website based on the version of the Terms that is presented at the time of that purchase, which may be different from the current or previous versions of these Terms. If you object to the Terms presented to you at the time of your purchase, you must not use the Website or the purchase of any Product.

We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Website or the Product, including: (a) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Website; (b) removing, adding, modifying or otherwise changing the purchase price of the Product or any other fees or charge arising out of use of or purchase of Product or use of the Website; and (c) removing, adding, modifying or otherwise changing the list of Products and Services available for sale on the Website or the features and functionality of the Website.  We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website or the Content at any time without notice but confirm that we have no duty to do so.

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or regarding the Product is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Website, Content or Product, including pricing information, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website (including the Content) has been modified or updated.

Notices. All notices to us shall be in writing and shall be made via email.  Notices to us must be sent to the attention of our customer service representatives at <hello@Equil.com>. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership. In addition, we may broadcast notices or messages through the Website to inform you of changes or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Questions about these Terms should be sent to us at <hello@Equil.com>.

Entire Agreement. These Terms, together with any Additional Service Terms, represent the entire agreement between you and Equil with respect to use of the Website and Content, and they supersede all prior or contemporaneous terms, agreements, communications and proposals, whether electronic, oral, or written between you and Equil with respect to any of the foregoing.

General. If any provision of these Terms is unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. All rights and remedies of Equil granted or recognized in these Terms are cumulative, are in addition to and not in substitution for any rights or remedies at law, and may be exercised at any time and from time to time independently or in any combination. In these Terms (a) references to currency are to the lawful money of Canada, (b) “person” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other organizations and entities recognized by law, and (c) “including” (and similar variations) means including without limitation. Failure by Equil to insist on strict performance of any of the terms or conditions of these Terms or any Additional Service Terms will not operate as a waiver by Equil of that or any subsequent default or failure of performance. Equil’s affiliates, Equil’s directors, officers, employees, partners, suppliers and agents, and Third-Party Services and Third-Party Content, are Third-Party beneficiaries of the sections titled “Disclaimer of Warranties; Limitation of Liability” and “Indemnity”. There are no other Third-Party beneficiaries of these Terms. You may not assign these Terms without the prior written consent of Equil. Equil may assign these Terms without restriction. These Terms will enure to the benefit of and will be binding on you and Equil and your and its respective successors and permitted assigns.

Language. Il est convenu par le présent acte que les parties demandent que ce contrat et tout avis, consentement, autorisation, communication et approbation soient rédigés en langue anglaise. It is hereby agreed that the parties specifically require that these Terms and any notices, consents, authorizations, communications and approvals be drawn up in the English language.

PRIVACY STATEMENT

Equil and its affiliates (collectively, “Equil”, “we”, “our” or “us”) recognizes the importance of privacy. The purpose of this privacy statement (“Privacy Statement”) is to inform you about our privacy practices, including how we collect, use and disclose your Personal Information (as defined herein).

This Privacy Statement relates to all of our operations in Canada or operations in connection with Canada, unless we have provided you with a separate Privacy Statement for a particular product, service or activity.

Privacy Statement Updates

This Privacy Statement is current as of the “updated” date which appears at the top of this page. We may modify this Privacy Statement from time to time. When changes are made to this Privacy Statement, they will become immediately effective when published in a revised Privacy Statement posted on our website, unless otherwise noted. We may also communicate the changes through our services or by other means.

Please review this Privacy Statement carefully. By submitting your Personal Information to us, by registering for or using any of the services we offer, by using our website, or by voluntarily interacting with us, you consent to our collecting, using and disclosing your Personal Information as set out in this Privacy Statement, as revised from time to time.

What this Privacy Statement Covers

This Privacy Statement covers the following topics: 

• Meaning of Personal Information

• Your Consent to Collection, Use and Disclosure

• Personal Information We Collect

• How We Use Your Personal Information

• How We Share Your Personal Information

• Opting Out of Communications

• Retention of Personal Information

• Information Security

• Accessing and Updating Your Personal Information

• International Transfer and Storage of Information

• Third Party Websites and Services

• Children’s Information

• How to Contact Us

Meaning of Personal Information

"Personal Information" means information about an identifiable individual. This information may include (without limitation) your name, mailing address (including postal code or zip code), e-mail address, telephone number and payment information.

Personal Information does not include any business contact information that is solely used to communicate with you in relation to your employment, business or profession, such as (without limitation) your name, position name or title, work address, work telephone number, work fax number or work electronic address.

Personal Information also does not include information that has been anonymized or aggregated in such a way that there is no serious possibility it can be used to identify an individual, whether on its own or in combination with other information.

Your Consent to Collection, Use and Disclosure

We collect, use and disclose your Personal Information with your consent or as permitted or required by Canadian privacy laws. How we obtain your consent (i.e., the form we use) will depend on the circumstances, as well as the sensitivity of the information collected. Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the Personal Information in question.

If you choose to provide Personal Information to us, we assume that you consent to the collection, use and disclosure of that Personal Information as outlined in this Privacy Statement, when deemed appropriate.

If you wish to withdraw your consent to our collection, use or disclosure of your Personal Information, please contact us using the contact information in the “How to Contact Us” section below. However, before we implement the withdrawal of consent, we may require proof of your identity. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

If you provide Personal Information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose his or her information as described in this Privacy Statement under all applicable circumstances.

Personal Information We Collect 

The Personal Information we collect is generally in one or more of the following categories.

• Products and Services. For individuals located in Canada who use our products and services, we may collect information from you or from your use of our products or services.

• We collect Personal Information that you submit through your creation of a user account and your use of our products or services, such as (without limitation) your name, e-mail address, fax number and other contact information.

• Website. For individuals located in Canada who visit our website located at https://www.Equilwellness.com/ or any of our related websites (collectively, “our website”), we may collect information from you or from your activities on our website.

• Like most websites and other Internet services, we may collect certain technical and device information about your use of our website. Such information may include (without limitation) your Internet protocol address, information about your device, browser and operating system, and the date and time of your visit.

• We may also use “cookies” or enlist third party services which use cookies to track your preferences and activities on our website. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences, making your subsequent visits to the site more efficient. Cookies may store a variety of information, including the number of times that you access a website, your language preferences and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their users. Most browsers are designed to accept cookies, but they can be modified to block cookies. See your browser’s help files for more information. You should note, however, that without cookies some of our website’s functions may not be available.

• Other Interactions. For individuals who otherwise interact with us, whether in person, by phone or email, through social media or otherwise, including individuals who might be interested in acquiring our products or services, who sign-up to receive newsletters or other communications, or who respond to surveys and questionnaires, we may collect information that you provide to us during these interactions. This information may include (without limitation) your name, e-mail address and other contact information.

We do not collect or store payment card information, unless you provide it to us directly (for example, by phone) or register for a subscription service. If you make an online payment using a payment card, such as a credit card or debit card, you are connected directly to our online payment processing service provider and your payment card information is collected and processed by that service provider. This service provider collects your voluntarily provided payment information necessary to process your payment. Such service provider’s use and storage of information is governed by its applicable terms of service and privacy statement.

How We Use Your Personal Information

We may use your Personal Information for purposes such as:

• to provide you with our products and services and to support your use of our products and services;

• to contact you relating to our products and services;

• to monitor the usage of our products and services to support their proper functioning and further improvement;

• to analyze the needs and activities of our customers to help us better serve them;

• to conduct research and analysis related to our business, products and services (including generating de-identified data for this purpose);

• to respond to inquiries and other requests; 

• to collect opinions and comments about our products and services;

• to provide you with information that we think may interest you, including information about our products and services; and

• to investigate legal claims.

We may use your Personal Information for purposes for which we have obtained your consent, and for such other purposes as may be permitted or required by applicable law.

We may use the information we collect to advertise third party products and services or targeted advertising of Equil products and services across third party websites or service offerings. 

How We Share Your Personal Information

We rely on third-party services providers to perform a variety of services on our behalf, such as (without limitation) e-commerce providers, payment card processors, telephone and technical support providers, hosting, data storage and processing service providers, and research and analytics providers. 

If we provide your information to service providers, then we require that the service providers keep your Personal Information secure and only handle it for limited purposes for which it is provided.  We do not authorize the service providers to disclose your Personal Information to unauthorized parties or to use your Personal Information for their direct marketing purposes. If you would like more information about our service providers, please contact us using the contact information in the “How to Contact Us” section below.

Additionally, we may use and disclose your information when we believe such use or disclosure is permitted, necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce the terms of the agreements for our products and services; (e) to protect our rights, operations or property; and (f) to allow us to pursue available remedies or limit the damages that we may sustain. In addition, we may transfer your Personal Information and other information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets.

If we otherwise intend to disclose your Personal Information to a third-party, we will identify that third party and the purpose for the disclosure and obtain your consent. 

Opting Out of Communications

If you no longer want to receive marketing-related emails from us, you may opt-out of receiving marketing-related emails by clicking the “unsubscribe” link at the bottom of any email you receive from us. You may also opt-out by contacting us directly using the contact information in the “How to Contact Us” section below. 

We will endeavour to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of our products or services, or other matters.

Retention of Personal Information

We will use, disclose or retain your Personal Information only for as long as necessary to fulfill the purposes for which that Personal Information was collected and as permitted or required by law. 

Information Security

We have implemented physical, organizational, contractual and technological security measures with a view to protecting your Personal Information and other information from loss or theft, unauthorized access, disclosure, copying, use or modification. We have taken steps to ensure that the only personnel who are granted access to your Personal Information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

Despite the measure outlined above, no method of information transmission or information storage is 100% secure or error-free, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any information that you provided to us has been compromised), please contact us immediately using the contact information in the “How to Contact Us” section below.

Accessing and Updating Your Personal Information

We expect you, from time to time, to supply us with updates to your Personal Information, when required. We will not routinely update your Personal Information, unless such a process is necessary.  

You may make a written request to review any Personal Information about you that we have collected, used or disclosed, and we will provide you with any such Personal Information to the extent required by applicable laws. You may also challenge the accuracy or completeness of your Personal Information in our records. If you successfully demonstrate that your Personal Information in our records is inaccurate or incomplete, we will amend the Personal Information as required.

We may require that you provide sufficient identification to fulfill your request to access or correct your Personal Information. Any such identifying information will be used only for this purpose.

International Transfer and Storage of Information

Your Personal Information may be stored and processed at our offices in Canada or at the offices of our third-party service providers, or data centers managed by us or our third-party service providers, in Canada and the United States. As a result, your personal information may be transferred to countries outside your country of residence, which may have different data protection rules than in your country. While your Personal Information is outside of your country, it is subject to the laws of the country in which it is located. Those laws may require disclosure of your Personal Information to authorities in that country. 

Third Party Websites and Services

This Privacy Statement does not extend to any websites or products or services provided by third parties. We do not assume responsibility for the privacy practices of such third parties, and we encourage you to review all third-party privacy statements prior to using third party websites or products or services.

Children’s Information

Our products and services are not intended for children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 18. Children under the age of 18 should not use our products and services and should not provide us with their Personal Information.

How to Contact Us

All comments, questions, concerns or complaints regarding your Personal Information or our privacy practices should be sent to our Privacy Officer as follows:

hello@equilwellness.com