Thank you for visiting epanafero.com (collectively with any related subsite, service or feature, and all content and software and applications, the “Website”) and reviewing our Terms and Conditions (“Terms”). Epanafero Ltd. (“Epanafero”, “Company”, “we”, “us”), a company registered in Jamaica that provides wellness courses, coaching, retreats, and monitoring services as well as related cardiology consultations and heart health evaluations. We make this Website, including all information, documents, catalogues, communications, files, text, graphics, audio/visual files, sounds, animation effects, links, and all other materials and software contained therein (collectively, the “Materials” or “Content”) available for your use subject to these Terms.
This Website is designed to provide information on the topics of health and wellness, and to give you an engaging and informative experience via its Materials. We are committed to protecting your rights as a user of this website as well as the rights of this Company.
Please read carefully these Terms and Conditions as they govern how you may use our Website and/or its Materials and so affect your legal rights and obligations. They also contain legal clarifications, terms and disclaimers.
By accessing, viewing, downloading in any way, or otherwise using, this Website and/or its Materials, whether automated or otherwise, you are deemed to have read and agree to be bound by these Terms and Conditions. You also agree that the exclusions and limitations of liability set forth herein are reasonable and acceptable. If you object to any of the Terms set forth below, do not access, view or otherwise use this Website or the Materials or Services made available through this Website.
These Terms and Conditions shall be deemed to include our Privacy Notice, our Payment, Cancellation and Refund Policy, and all other notices, policies, disclaimers, and other terms that may apply to the Website (or parts thereof) or to the Services available through the Website or from the Company.
The section titles used in these Terms and Conditions are purely for your convenience and have no legal or contractual effect.
The Company reserves all of its rights in this Website and in its Materials. Nothing in these Terms and Conditions grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.
This Website and all its Materials are the property of the Company, its affiliates and licensors, and are protected by national and international copyright, trademark, and other intellectual property laws.
This Website contains trademarks of the Company, including but not limited to EPANAFERO and WELLNESS AT PLAY, as well as service marks and other business identifiers owned and used by the Company in its business (the “Marks”). These Marks, registered and unregistered, are proprietary to the Company and are protected from copying and simulation under national and international laws. You may not reproduce, copy or otherwise use these Marks without the prior express written consent of the Company.
Any third-party trademarks mentioned on this Website which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Website does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
The Website as a whole, and its Materials, are provided solely for your personal, non-commercial use. You may not use the Website or its Materials in a manner that constitutes an infringement of our rights or that has not been expressly authorized by us in writing. You may not modify, copy, reprint, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any medium or any manner (electronic or mechanical), any Materials from the Website, in whole or in part, without our prior written consent. So, for example, you are prohibited from uploading any of our Materials to any third-party website or platform (including social media sites). Distribution of any of the Material to others, whether you have paid for the Materials or not, is strictly prohibited. Similarly, you may not make our Materials available to others via peer-to-peer sharing technology even if the Materials remain on your computer or device.
You may, however, download and/or print one copy of individual pages of the Website for your personal, non-commercial use provided that you follow all copyright and other proprietary notices including but not limited to these Terms and Conditions.
To request permission to use our copyrighted Materials on this Website, please contact us by email at firstname.lastname@example.org. Where the copyright of any Materials on this Website is held by a third party, requests for permission must be addressed directly to the third party concerned.
You must be 18 years or older to access or use this Website.
We reserve the right to investigate suspected violations of these Terms and Conditions, to refuse you access to this Website and/or any of its resources, and to terminate or suspend your access at any time, without notice. By accepting these Terms and Conditions, you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
You agree to use this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) compromising the security of this Website, or interrupting, limiting the functionality or rendering the Website inaccessible to others, or otherwise causing damage to the Website and/or its Materials; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by us to be inconsistent with the spirit or intent of this Website.
To access some of the resources offered by this Website, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete.
You agree not to add to, subtract from, or otherwise modify the Website’s Materials, or to attempt to access any Materials that is not intended for you so to do. You agree not to use the site in any manner that might interfere with the rights of third parties.
You agree not to violate or attempt to violate the security of this Website. You are prohibited from attempting to access any data or systems belonging to the Company’s digital network, security measures, hosts and servers. Such violations may result in civil or criminal liability. We may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website.
If you are provided with a password to access some resources of this Website, you will be responsible for the security of your password. The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that we consider insecure, we will be entitled to require that the password be changed and/or suspend your account.
You may establish a hypertext link to the Website provided that neither you nor the link portrays us or any of our products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. We may revoke this permission at any time for any reason upon notice to you.
You may not co-brand this site nor may you frame, inline link, or similarly display any of our content or property, including, without limitation, the Website, or incorporate into another website or other service any of our material, content or intellectual property without the prior express written permission of the Company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website and/or its Materials. You agree to cooperate with the Company in ceasing any unauthorized co-branding, framing or hyper-linking immediately.
Use of our Website is also governed by our Privacy Notice which is incorporated into these Terms and Conditions by this reference and which is available to view on our Website.
Please read our Privacy Notice carefully as it explains how we collect, use, retain and disclose your personal data so that you can make informed decisions when using our Website. Should you choose to provide personal information to the Website, you agree to comply with, and consent to, the terms of our Privacy Notice.
Please carefully select what you choose to disclose to the Company, and do not share personal medical information that you wish to keep confidential. While we make our best efforts to protect all your personal information (including your medical information), the information you provide is not necessarily protected under confidentiality laws that protect physician-patient communications. Additionally, whilst we attempt to prevent unauthorized access to our information databases, such access may occur.
You hereby warrant that you are the rightful owner of any and all information you submit to the Company via this Website, and you further warrant that you have complete authority to submit said information. You also agree that any personal information you provide to us will be true and accurate. Using a name other than your own legal name is prohibited.
We are pleased to enable you to share materials with us via the Website and our dedicated pages on social media as well as via email, telephone, text, delivery or otherwise. Such materials can include your questions, comments, testimonials, suggestions, ideas, data, information, blog entries, social media postings, photos and videos (collectively, “User Content”). You are responsible for all User Content you share with us.
In sharing such User Content with us, you represent and warrant to us that: you are 18 years or older; you are the owner and have the rights of your User Content, or you are sharing materials for which you have the express consent of the owner(s) of such materials or rights; and you are not violating the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You are solely responsible for obtaining permission from others for use of their materials, and for any damages resulting from unauthorized disclosures. You agree to pay for all royalties, fees, and any other monies owing to others by reason of any materials you post on this Website.
By sharing User Content with us, you grant us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. In granting us with such a license, you acknowledge that:
We shall be free to use any ideas, information, concepts, know-how or techniques contained in your User Content for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information;
We shall be free to reproduce, use, disclose and distribute your User Content to others, subject to the terms in our Privacy Notice;
We have the right but not the obligation to use and display your User Content, and we may choose to stop using or displaying the same (or any portion thereof) at any time and for any reason whatsoever;
We have no obligation to examine or enforce any intellectual property rights in or to your User Content;
You will not be compensated for our use of your User Content in any manner; and it will not be returned to you; and
Your User Content will be treated as non-confidential, and we shall have no obligation to protect your User Content from disclosure or unauthorized interception by third parties. Accordingly, you should not share with us any materials that you wish to keep from the public; and if you choose to send messages to us that contain confidential, private or personal information, you do so entirely at their own risk.
You may not post, send, submit, publish, or transmit in connection with this Website any material that: does not pertain directly to this Website; advertises or otherwise engages in any commercial endeavour (including, but not limited to, offering products or services for sale, conducting contests, displaying sponsorship banners); solicits funds, advertisers or sponsors; impersonates or misrepresents your connection to any other entity or person or attempts to disguise the origin of your content; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; disobeys any of our policies or regulations regarding use of this Website; or contains hyper-links to other websites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, we have the right to monitor use of this Website to determine compliance with these Terms and Conditions as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for your User Content. You acknowledge and agree that neither the Company nor any third party that provides content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission of your User Content.
Our Website may contain links to other websites belonging to third parties, which we provide solely for the information and convenience of our visitors. We have no responsibility for such third-party websites, and have not reviewed, verified or approved their content. By providing links to such third-party websites, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them; we disclaim any opinions expressed on such sites; and we make no representations, warranties or assurances as to any content in such sites. You acknowledge and agree that the Company will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any of content, goods or services or links available on or through such linked websites. It is recommended that you exercise your own judgment in accessing such linked websites; and that you check their terms and privacy policies before using them or providing any personal information.
Where we offer our own Content on or through a third-party website (whether by linking, framing or otherwise), your use or display of that Content shall be subject to these Terms.
The facilities, tools, programs, services or information that we make available through this Website, including for purchase, either now or in the future (collectively, “Service” or “Services) are subject to change. We may also change their availability, descriptions, specifications, and prices at any time, without prior notice.
We neither represent nor warrant that our Services will be available at all times and cannot necessarily confirm availability until confirming your order.
Whilst every effort has been made to ensure that all general descriptions of our Services correspond to the actual Services that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of our Services may vary depending on your individual requirements and circumstances. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
Where we include any case studies or testimonials in relation to our Services, you can assume that none of these represents the “average” or “typical” customer experience. Please also note that the images in our communications and on this Website are for illustrative purposes only.
The Services available through our Website have not been approved by any medical regulatory body. It is your responsibility to determine that the Services are suitable for you as well as the extent to which you make use of our Services; it is not our responsibility to make such determinations. Before embarking on one of our Wellness programs, it is recommended that you consult your physician or another health professional and that you discuss the possible impact of your use of our Services on your health.
Keep in mind that our Services do not necessarily take into consideration your specific conditions or ailments. Also keep in mind that any assessment or recommendation by us is made based on the information you provide. It is your responsibility to inform us if you have any condition or particular circumstances that could impact or be negatively affected by any of our Services, even that condition or those circumstances are not responsive to any questions asked of you. We have the right to assume that the information you provide is true and complete in all respects and that you have provided all relevant information. We also have the right to refuse to provide you with Services if we reasonably believe that you have not provided complete and accurate information.
Please note that we do not guarantee any results from the use of our Services and will not be liable in any way for any failure of the Services to fulfil the purpose/s for which they were intended or to perform as specified, warranted or represented. By booking/enrolling in any of our Services (Wellness Courses, Wellness Coaching, Wellness Retreats, Wellness Monitoring, online Cardiology Consultations or Heart Health Evaluations, and in-person cardiology appointments with Dr. Edwin Tulloch-Reid), you hereby assume responsibility for your actions and the results you create, or fail to create, as a result of your actions or inaction. You agree that your success in attaining results is dependent upon a number of factors beyond the Company’s control, including your understanding of the material contained in your program and your effort to apply it as well as your level of personal development, knowledge, ability, dedication to the process, personality, and mindset.
AS STIPULATED BY LAW, NO FUTURE GUARANTEES CAN BE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT AND ALL FORWARD- LOOKING STATEMENTS INCLUDED ON THIS WEBSITE ARE SIMPLY ILLUSTRATIVE AND NOT INTENDED AS PROMISES OF ACTUAL RESULTS. YOUR ACTUAL RESULTS, OR LACK OF RESULTS, WILL BE DETERMINED BY MANY OTHER FACTORS BEYOND OUR CONTROL. BECAUSE THESE FACTORS DIFFER BETWEEN INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AS YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE. BY YOUR USE OF THE CONTENT YOU AGREE NOT TO ATTEMPT TO HOLD COMPANY LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE CONTENT FOUND ON THIS WEBSITE.
We shall use all our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
As part of the process to place an order, you will need to provide mandatory registration information which includes your name, home or work address, mailing address, email address and telephone number(s). If an order has already been placed and you wish to make a change to your registration information which would affect your order details, please contact us by email at email@example.com.
After booking a Wellness Course, Wellness Coaching, Wellness Retreat or Wellness Monitoring or Heart Health Evaluation or other prescribed service with us, you will be asked to complete a Client Intake form which informs us about your health and wellness concerns and priorities, and medical history. If you have enrolled yourself in our Wellness Coaching, you will be asked to complete a Wellness Coaching Goals form and periodic Coaching Review forms which inform us of your health and wellness priorities and progress; and if you have enrolled yourself in our Wellness Monitoring, you will be asked to complete forms periodically which inform us of your health and wellness status, concerns and priorities. Following your participation in any of our Services, we may also contact you to ask about your satisfaction with our programs as well as to follow up on your health and wellness status, concerns and priorities.
Our collection, use, retention and disclosure of your personal information in the context of our Wellness Courses, Wellness Coaching, Wellness Retreats, and Wellness Monitoring are governed by our Privacy Notice, which is available to view on our Website. Any personal medical information that you provide during an online Cardiology Consultation or Heart Health Evaluation or any in-person cardiology appointment with Dr. Edwin Tulloch-Reid will be protected under confidentiality laws that govern physician-patient communications.
We use third party services to process payments for our Services on our Website. When you purchase any service from us, we do not see or have access to the information provided as part of those transactions, apart from your billing address, PayPal email address, and masked credit card information (for refunds of payments). The privacy policies of such third-party services apply to information you provide associated with those transactions. We have no responsibility or liability for such third party’s privacy policies or practices or other terms and conditions that may apply.
All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.
We take all reasonable care to ensure that the price of the Services advised to you is correct. However, it is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than the price stated to you, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your order and refund you any sums you have paid if the Services have not already been provided to you.
You agree to only purchase our Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us (as described in the following section), you represent that you have obtained the express consent of such third party to provide his/her personal information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to purchase and use our services for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular service. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Services.
Your order constitutes a contractual offer that we may, at our sole discretion, accept or refuse. No other part of this Website constitutes a contractual offer capable of acceptance.
Once you have submitted and confirmed your order on our Website, we will acknowledge receipt of the order by confirming with you the details of the ordered Services on our Website. However please note that this is not an acceptance of your order.
You represent and warrant to us that your provided payment method is valid and that you are authorized to use it. If there is difficulty authorising your payment method or it is otherwise in error, we may suspend or cancel your order. Upon failure of your payment method, we may take reasonable steps to retry your payment method and may contact you to provide an alternate method. We are not responsible for any fees you may incur when charging or retrying your payment method, including but not limited to, overdraft fees.
Our acceptance of your order will take place when we send you an email to confirm that your order has been received and that payment has been successful. At this point, a binding contract will come into existence between you and the Company (“Contract”). This order confirmation email from us will contain the order confirmation, payment details and a list of your ordered Services.
If we, for any reason, do not accept your order, we will inform you of this in writing and any sums paid by you in relation to that order will be refunded within 14 calendar days. Such non-acceptance might occur because of unexpected limits on our resources which we could not reasonably plan for, because your payment method could not be authorised, or because we have identified an error in the price or description of the Services.
In the event that the Services included in your order confirmation email and/or delivered to you are not in conformity with your order and thus incorrect, please contact us immediately by email (firstname.lastname@example.org) to inform us of the mistake.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such additional terms and conditions when placing your order.
If you wish to make a change to your order, please contact us as soon as you can by email at email@example.com. We will let you know if the change is possible. If it is possible, we will let you know of any changes in the price, date, location, topic, or anything else about the order which would be affected as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to cancel your order and thereby end the Contract between us in accordance with clause (3) in Section 7.5.
Following your order, you can always cancel your order and thereby end the Contract between us. Your rights at that point will depend on your reason(s) for seeking to cancel your order, when you decide to cancel your order, and what you have purchased, as follows:
(1) If what you have purchased is misdescribed by us, you may have a legal right to end the Contract between us (or to make a change to your order or receive some or all of your money as a refund). In such a case, please contact us by email at firstname.lastname@example.org so that we may confirm whether a change or refund is possible, and under what terms.
(2) You may want to cancel your order and thereby end the Contract between us for any of the following specific reasons:
(2.1) We have notified you about an error in the price or description of Service you have ordered, and you do not wish to proceed;
(2.3) There is a risk that we cannot deliver the Service because of events outside our control;
(2.3) If we want to make any changes to these Terms or the Services you have purchased, we will first notify you using the email address you provided when placing your order. If you do not agree to the upcoming change(s), you must contact us by email at email@example.com to cancel your order before the changes take effect;
(2.4) You have a legal right to end the Contract between us because of something we have done wrong.
If any of the reasons set out in 2.1 to 2.4 apply, the Contract between us will end immediately, and we will refund you in full for any Services you have paid for but not received.
(3) In all other cases, your cancellation of your order will be subject to our payment, cancellation and refund terms (see Section 7.6).
To cancel your order and thereby end the Contract between us, please contact us by email at firstname.lastname@example.org and provide your full name, home or work address, phone number, order number and details of the order, and your reason(s) for requesting cancellation. By email, we will confirm the end of the Contract between us and provide refund details (if applicable) within 14 calendar days of receiving your request. In both these instances, we will use the email address for you that you used to submit your request for cancellation.
Each Service has its own specific payment, cancellation and refund terms, which you will be asked to read and confirm your acceptance thereof when placing your order. They will also be included in your order confirmation email from us.
The payment, cancellation and refund terms for all our Services are detailed in our Payment, Cancellation and Refund Policy, which is incorporated into these Terms and Conditions by this reference and is available to view on our Website.
If you cancel your order and thereby end the Contract between us, you may or may not be entitled to any refund. Where a refund is due to you, it will be made within 14 calendar days of our confirming with you the end of the Contract between us. Refunds will be made using the third-party services which processed your payment for the Service(s) on our Website, and to the same payment method that you used when placing your order.
The Company makes no representation that this Website or the Materials available through it are appropriate for use in locations outside of Jamaica. Accessing this Website from locations in which this Website or any of its Materials are illegal is prohibited. It is your responsibility to comply with the laws of your jurisdiction.
Every effort has been made to ensure that the Materials on this Website, including descriptions, availability and pricing of our Services, are accurate and reliable. However, errors and/or omissions may sometimes occur, and the Company shall not be bound by any such errors and/or omissions which may occur and shall not be liable for any loss whatsoever which may result from such errors and/or omissions.
THE WEBSITE, MATERIALS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YOUR USE OF THE WEBSITE, MATERIALS AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, SEQUENCE, QUALITY, ACCURACY, CONTENT, CURRENCY, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF ANY INFORMATION, SERVICES, CONTENT OR FEATURES ASSOCIATED WITH OR ACQUIRED PURSUANT TO THE USE OF THIS WEBSITE AS WELL AS FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL IN RESPECT OF THE WEBSITE OR THE USE THEREOF.
THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE MATERIALS, SERVICES AND THIS WEBSITE AND ANY LINKS THERETO OR THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, COMPLETENESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUSES OR OTHER CORRUPTING OR DESTRUCTIVE CODES OR MACROS.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS, INJURY, COST, EXPENSE OR DAMAGES, EITHER DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) (“THE LOSSES”) ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE MATERIALS, THE MARKS, OUR SERVICES, THIS WEBSITE OR ANY LINKS THERETO AND THEREFROM, WHETHER OR NOT SUCH LOSSES ARE DUE TO THE NEGLIGENCE OF EPANAFERO’S OFFICERS OR STAFF.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR SERVICES.
Any communications sent to you via the Website or otherwise from the Company (including, without limitation, in the form of newsletters, electronic mail or via telephone) and the Materials on this Website are provided only for informational and educational purposes, including in the areas of health, wellness, fitness, nutrition and lifestyle.
This Website, including its Materials, is not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment.
You should not rely on health- or wellness-related information or recommendations on this Website (including, without limitation, text, graphics or images) to diagnose or treat any health issues, illnesses or diseases. Such information or recommendations are not a substitute for, nor do they replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. You should not disregard, avoid or delay obtaining medical or health related advice from your health-care professionals because of something you may have read, viewed or heard on this Website.
The information on this Website or otherwise provided by the Company is not intended to constitute a comprehensive guide concerning all aspects of a therapy, service, product or treatment described on the Website; and nor does such information in any way endorse or support such therapy, service, product or treatment unless explicitly stated. You should always seek advice from your health-care professionals for diagnosis and answers to your medical questions and to ascertain whether a therapy, service, product or treatment described on the Website is suitable in your circumstances.
The Company, its subsidiaries and affiliates neither endorse nor are responsible for the accuracy and reliability of any Materials (including, without limitation products, services, events, opinions, advice, or statements) on this Website made or provided by anyone other than an authorised representative of the Company while acting in their official capacity.
No oral or written information or recommendations given by the Company, or its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors, shall create a warranty of any kind.
THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY OF THE COMPANY’S WELLNESS SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE. FOR PURPOSES OF THESE TERMS AND CONDITIONS, THE PRACTICE OF MEDICINE AND COUNSELLING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Please note that a physician-patient relationship between you and the Company may exist only in the context of the following Services: our online Cardiology Consultations and Heart Health Evaluations, and any in-person cardiology appointment with Dr. Edwin Tulloch-Reid. It does not exist in the context of any of our other Services: Wellness Courses, Wellness Coaching, Wellness Retreats, or Wellness Monitoring.
If you have any questions specific to the health- and wellness-related Content on this Website, you may contact us by email at email@example.com.
Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering or managing the content of this Website (collectively the “Site Providers”), be liable to you or any third party, whether under contract, tort or otherwise, for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, any physical or mental illness, pain, suffering or emotional distress, loss of data or information of any kind, loss of revenue or income, loss of business goodwill or opportunity, loss of prospective economic advantage) arising from or in connection with the use of, the improper use of, or the inability to use, or the reliance upon the Website, or any communications sent to you via this Website or otherwise from the company, or the Materials or Services made available throughout the Website including, without limitation, any damages suffered as a result of omissions or inaccuracies in such Materials or Services, the transmission of confidential or sensitive information to or from the Site Providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the Site Providers is advised of the possibility of such damages. Without limiting the foregoing, the Site Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of, or the inability to use, or the reliance upon any product, information, idea, or instruction contained in the Content of this Website. In no event will the Site Providers’ total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.
The laws in certain states of other jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of this Website. If you are dissatisfied with the Website, any Materials or Services on the Website, or with any of the Website’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website and the Materials and/or Services.
You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by you, including any use of the Website and Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses (including, without limitation, reasonable attorneys’ fees and costs) of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
Should we ever have any differences, it is hoped that we would be able to work them out amicably through a phone conversation and/or email correspondence.
In the event of any claim, action or dispute arising out of or related to any transaction conducted on this Website, or the breach, enforcement, interpretation, or validity of these Terms and Conditions, you and we agree first to communicate by writing to the other using the contact addresses used in connection with this Website, providing the facts and circumstances and, where possible, a proposed resolution. Your notice to us must be sent to us at our contact details below. Please note that if the Company does not have a current address for you, then we have no obligation under this section. You and we also agree to allow the recipient of such notice at least THIRTY (30) DAYS to respond and attempt to or settle the dispute prior to taking any other form of action, including legal action.
If we are unable to resolve such a dispute on terms with which you and we, in each of our sole discretion, are comfortable, we agree that we will submit to binding arbitration before a single arbitrator, selected jointly in Jamaica, in accordance with the Jamaican Arbitration Act 2017. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Statute of Limitations
Class Action Waiver
You may only resolve disputes with the Company on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. An arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Conduct in the Event of a Dispute
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, the Company, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
The Company reserves the right to cancel or terminate your right to use the Website or any part of the Website and/or our Services at any time without notice. In the event of such cancellation or termination, you will no longer be authorised to access or use the Website or part(s) therefore affected by such cancellation or termination. The restrictions imposed on you, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access or use, and apply in full force.
The Company also reserves the right to cancel your bookings and purchases and to refuse provision of Services to any persons in its sole discretion without notice and without any liability if it appears that such bookings, purchases or provision of Services would be for any fraudulent or inappropriate purpose, or otherwise contrary to the interests of the Company.
In the event of termination of these Terms and Conditions for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to the Company, and all other provisions for which survival is equitable or appropriate.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof), Materials and Services from time to time, for any or no reason and without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
We reserve the right to make such changes without any obligation to notify past, current or prospective visitors to the Website. Please note that the posted information on our Website may not immediately reflect such changes.
We reserve the right to change these Terms and Conditions at any time, without notice. When we do, we will make changes to these Terms and Conditions on this Website and update the Effective Date at the top of this page. We will notify you any material changes by an announcement on the Website’s home page. It is your responsibility to review these Terms and Conditions periodically to become aware of any changes, revisions, or modifications.
Your subsequent use of this Website and/or its Materials after the date on which the changes come into effect will be subject in all respects to the Terms and Conditions in force at the time of such subsequent use.
If we are required to make any changes to these Terms and Conditions pertaining to the sale of Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
These Terms and Conditions shall be deemed to include our Privacy Notice, our Payment, Cancellation and Refund Policy, and all other notices, policies, disclaimers, and other terms that may apply to the Website (or parts thereof) or to the Services available through the Website or from the Company. Together, they constitute the entire and exclusive agreement between you and the Company relating to your access to and use of this Website, the Materials and our Services (“Agreement”).
This Agreement inures to the benefit of, and is binding upon, you and the Company. Any and all references in this Agreement to the Company shall, where the context so permits, include the Company’s subsidiaries, affiliates, employees, agents, officers, directors, and contractors.
This Agreement supersedes all previous communications, representations or agreements, either oral or written, between you and the Company with respect to the subject matters contained therein.
The provisions of this Agreement are intended to be severable. In the event that any part or provision of this Agreement is declared fully or partially invalid, unlawful or unenforceable by a court of competent jurisdiction, that part or provision will be severed from the Agreement, and the remainder of the Agreement will remain in full force and effect.
Such a part or provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent.
If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.
No modification or waiver of any provision in this Agreement shall be valid or enforceable unless in writing and signed by an authorised representative of the Company.
Our failure to insist upon or enforce strict performance of any provision of this Agreement or any right or remedy contained therein shall not be construed as a waiver of that provision, right or remedy.
The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Third Party Rights
Nothing in this Agreement shall confer any rights upon any third party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Jamaica, without regard to conflicts of law provisions. Subject to the provisions contained herein in relation to the resolution of disputes by arbitration, every dispute arising out of, or relating to, these Terms and Conditions or Services provided in connection therewith shall be resolved exclusively by the Courts located in Jamaica. You agree that the jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to these Terms and Conditions, will be in Jamaica, and you hereby consent and submit to the exclusive jurisdiction and venue of the Courts in Jamaica.
Welcome! Thank you for visiting our website epanafero.com or our dedicated pages on social media. This website is owned and managed by Epanafero Ltd. (“Epanafero”, “Company”, “we”, “us”), a company registered in Jamaica that provides wellness courses, coaching, retreats, and monitoring services as well as related cardiology consultations and heart health evaluations. For clarity, we refer to our website as the “Website” and, collectively with our dedicated pages on social media as the “Site” in this document.
Please read this Privacy Notice carefully as it explains how we collect, use, retain and disclose your personal data so that you can make informed decisions when using our Site.
By visiting and using our Site, you are deemed to have agreed to the provisions of this Privacy Notice. In all circumstances you acknowledge that you have been provided with this Privacy Notice. If you do not wish to be bound by this Privacy Notice, then you should not access our Site.
This Privacy Notice is subject to and incorporated within our Terms and Conditions.
Through our Site, we aim to provide you with information about our company, our services, our team, and related developments including news and content about health and wellness. Additionally, we aim to provide you with various channels to interact with us (contact forms, social media, online diagnostic tools etc) and for any questions and comments you may have.
Our purpose for collecting and using your Personal Information is to fulfil our commitment to providing you with the best possible experience when you interact with the Company. We have created and adhere to this Privacy Notice to demonstrate our firm and continuing commitment to the privacy of information collected from all end users of our Site (“Users”), including those who purchase services from us (“Clients”) as well as those who access our Site otherwise (“Visitors”).
Our Company’s Privacy Notice meets the requirements of the laws applicable to Epanafero Ltd. in its jurisdiction of incorporation concerning data protection, privacy and the transfer of personal data.
As a visitor to the Site, you can engage in most activities without providing any Personal Information. It is only when you register for services, seek to download resources, and/or request that we contact you that you are required to provide such information.
While you are visiting the Site, we will not require or collect any Personal Information about you unless you choose to provide that information to us. The term “Personal Information” in this Privacy Notice refers to any information that can be used to identify you as an individual. It can include, among other things, your name, address, email address, phone number, identification number, location etc.
Here is a summary of how we collect and use your information:
Use of your information and the legal basis: We use your Personal Information to provide you with individualized service for our wellness programs and health services, to process and facilitate bookings, respond to your requests for information, to inform you of our services, and other purposes as set out in this Privacy Notice.
Disclosure: We will not share or otherwise make available your Personal Information to third parties except as provided in this Privacy Notice.
Your rights: You have certain rights to your Personal Information under applicable laws.
You understand and agree that we may collect, use, and share your Personal Information in accordance with this Privacy Notice.
When you visit our Site, you may provide us with two types of information: Personal Information you knowingly choose to disclose that is collected on an individual basis; and website use information that is collected on an aggregate basis as you and others browse our Site.
We do not collect Personal Information about you unless you choose to provide such information to us. Non-personal information related to your visit to our Site, however, may be automatically collected.
The information we collect may vary by jurisdiction/region as well as by your preferred method of interaction with us.
Some of the information we may collect about you and store in connection with the provision and fulfilment of our services to you may include:
Contact and Identification Information such as your name, contact details (e.g. home or work address, mailing address, email address, phone numbers), business title, date of birth, birthday and special anniversaries, country of residence, and image;
Demographic Information such as your gender, age, marital status, employment, and profession;
Health-related Information including health and wellness concerns and priorities, daily routines (e.g. diet/nutrition, exercise frequency, sleep patterns, activities for relaxation etc), use of health technologies; and health conditions (including contraindications) as relates to specific accommodation or service requests. We use this health-related information, subject to your prior and explicit consent as may be required under applicable law, to tailor our programs to your health and wellness needs and concerns (taking into account, where known, your medical conditions), to monitor your progress in achieving your wellness goals, and to fulfil your special requests. Additionally, some of our resources may use health information that you voluntarily provide that is not identifiable with your other Personal Information, or otherwise individually identifiable health information. In these instances, such information is used only to allow you to take advantage of the resource.
Please note that any personal medical information that you provide during an online Cardiology Consultation or Heart Health Evaluation or any in-person cardiology appointment with Dr. Edwin Tulloch-Reid will be protected under confidentiality laws that govern physician-patient communications.
If you participate in one of our retreats, we may collect information related to your travel profile such as accommodation and travel preferences, booking history, dates of arrival and departure, dietary requirements, allergies, and special health accommodations;
Payment Processing Information: we use third party services to process payments for access to certain features and resources on our Site. We do not see or have access to the information provided as part of those transactions, apart from your billing address, PayPal email address, and masked credit card information (for refunds). The privacy policies of such third-party services apply to information you provide associated with those transactions.
Marketing and Other Preferences including information, feedback or content you provide regarding your marketing preferences in response to our surveys, questionnaires, contests or promotional offers, or to our Site and those of third parties;
Social Media Accounts: in addition to information that we may collect from you directly, we may gather information associated with your social media account(s) if available to us. This may include your name, email address, profile information, and posted photographs.
Audio and Visual Information: if you contact us, we may record our customer service calls and these may include your voice and/or image. We will additionally keep a record of any other associated communications and correspondence with you.
Feedback, Ratings and Testimonials including your Net Promoter Score (NPS), which we use as a proxy for gauging your overall satisfaction with us and your loyalty to our brand. We may use testimonials and social media comments on our Site with your authorization, or anonymized. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org.
Inferences: we may make inferences regarding what we believe to be your preferences and characteristics based on the composite of Personal Information we have.
You may always choose what (if any) Personal Information you wish to provide to us. If you choose not to provide certain details, some of your experiences with us may be affected (e.g. we cannot take a reservation without a name). Your transmittal of your Personal Information shall constitute your acknowledgment and agreement to the terms contained in this Privacy Notice. If you submit Personal Information and later would like us to remove it from our records, please contact us at email@example.com.
Please note that some information listed above may be considered “Sensitive Personal Information” under the privacy laws of some countries or regions. This includes, for example, your physical or mental health or condition, medical treatment, religious or similar beliefs, and information about your sexual life or sexual orientation. We will only process Sensitive Personal Information if and to the extent permitted or required by applicable law.
When you browse our Site, we automatically collect and retain a variety of information about your visit through cookies and other technologies. This may include:
Your IP address, which also may provide us with your location at the time of your visit
Your Internet browser characteristics
Domain you use to access the Internet
Your device characteristics and operating system
Your activity on the Site, including the date and time of your visit and purchases, duration of your visit, the pages and documents you access and the amount of time you spend on each, your search terms on the Site , your language preferences etc.
URLs of any websites that you visited before and after visiting our Site (including any advertisement that referred you to our Site)
We may receive website usage reports from our service providers or partners on an individual as well as aggregated basis. We use the aggregated information from all visits for our Website analytics in order to improve our Site and provide a better user experience to our Users. As such, we do not ordinarily associate this information with you as an individual. However, to the extent that such web usage information is combined with identifying Information, we treat the combined information as Personal Information for the purposes of this Privacy Notice.
We use Local Storage Objects (LSOs) such as HTML5, Flash or Silverlight to store content information and preferences. Third parties with whom we partner to provide certain features on our site, or to display advertising based upon your web browsing activity, may also use LSOs to collect and store information.
Additionally, our system uses certain security plugins which protect our Site from attack and misuse. Normal, non-damaging website accesses are usually not logged by the plugins. However, as soon as there is the suspicion that our system is subject to an attack, data relating to the visitor’s computer system are automatically logged and stored for forensic purposes; this includes the IP address, the data and time, the browser user and the reason for the suspicious activity.
Site usage data is deleted when it is no longer necessary to achieve the purpose for which it was collected.
We may use the Personal Information you supply to us for the following purposes:
As required to conduct our business and pursue our legitimate interests, in particular:
responding to your requests and enquiries, submitted via our Site or otherwise, and to deal with on-going matters relating to such requests and enquiries;
providing you with better or more personalized customer support;
presenting you with information relating to the Company, including content from our Site, in the way that we consider most effective;
authorizing your access to our Site, making its functionalities available to you, and customizing its features for you based on personal characteristics or preferences where doing so we believe would improve your enjoyment and use of the Site;
evaluating, analyzing, and improving our Site, our services, and the Company;
communicating with you about our relationship, such as updates to this Privacy Notice or other important legal or business changes;
To fulfil contractual obligations to you, to anyone acting on your behalf and/or to vendors, or take steps linked to a contract, for example: processing and facilitating bookings, verifying your identity, taking payments, providing the services you request (including tailoring these to your health and wellness concerns and priorities), and communicating with you in relation our services to ensure that we meet your needs;
Where you give us consent, to provide you with information and promotional details about services that may be of interest to you, as well as personalized mailings or other communications including in accordance with your health and wellness concerns and priorities. This may include notifications, email or print marketing, telephone calls or text messages, and advertising on the Site. You always have the choice to unsubscribe and not to receive marketing information, as described in Section 10;
To conduct market research, customer satisfaction and quality assurance surveys, including to enhance, develop and evaluate new services and Site features;
To perform accounting, administrative and legal tasks, including to meet legal and regulatory requirements;
To investigate any complaints received from you or from others, about our Site or our services;
To prevent, investigate and/or report possible fraud, misrepresentation, violations of this Privacy Notice, security incidents, crime or other illegal activity, in accordance with applicable law;
To provide for the safety and security of our staff, partners as well as clients;
To verify your identity if you make requests regarding your Personal Information pursuant to this Privacy Notice. The verification process may vary depending on the sensitivity and nature of your request;
To resolve disputes, troubleshoot problems, enforce our Terms and Conditions (when necessary to protect our intellectual property or proprietary rights, or those of a third party), to alert you to changes in our policies or agreements that may affect your use of the Site, or when we, in good faith, believe that the law requires us to do so.
In connection with other legal claims, compliance, regulatory and investigative purposes as necessary, for example to respond to requests by law enforcement authorities; and
If you choose to use our “Refer a Friend” feature to tell a friend about our Site, we will ask you for his/her name and email address. We will automatically send that person a single email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
If you wish to apply for an internship or employment with us, we and/or our recruitment partners, will use the information you submit in an application only for the purposes of evaluating and interacting with you for that specific job posting.
On other occasions, to fulfil other purposes which we explain at the time in accordance with applicable law or with your consent.
We use and retain your Personal Information for as long as is necessary to fulfil the purpose for which it is being processed, and in line with our legal and regulatory obligations. This is further detailed further in Section 7.4.
We collect Personal Information from the following types of sources:
Directly from you: Much of the Personal Information we collect is what you directly and voluntarily provide to us while using our Site or in responding to a feature provided on the Site. For example, you may provide us with information when you purchase our service(s) or make a booking (including your initial registration; also our Client Intake form which provides your health and wellness concerns and priorities, and medical history); register online and/or create a Guest Profile; participate in a survey or customer research; fill out a form on the Website or by email that asks for your information (for example, if you are enrolled in our Wellness Coaching or Wellness Monitoring); use any of our personal diagnostic tools; sign up to receive our newsletter and/or promotional e-mails; contact customer service; or contact us via email, text, or chat, over the phone, in person, or through third parties. Whichever means you choose to correspond with us, we may collect and retain the content of your communications and our responses until the matter is concluded.
To access certain content and/or services, it may be necessary for you to register with the Website. The registration form contains data fields that are necessary and obligatory for you to complete, marked with the * symbol. If such fields are not completed, the registration will not be carried out and you will not be able to access the content and/or services.
If you apply for an internship or employment with us, we may collect Personal Information from your résumé and other employment-related submissions.
We may also collect your Personal Information when you click on one of the sponsored advertisements that we may now or hereafter provide for our Users to view while on our Site.
From other businesses or individuals: We work with business and marketing partners and social media platforms that give us Personal Information about you that they have collected either directly or indirectly from you. We also use features that let someone else give us your Personal Information, for example when that person refers you or makes a booking on your behalf (for example, a family member or friend, or your employer in the case of corporate programs).
From social media: If you choose to follow, like, friend, comment or post to one of our dedicated pages on a social media site, certain Personal Information associated with your social media account (such as your profile and posts) may be made available to us based on your privacy settings in those websites.
Our cookies do not contain any personally identifying information, although your computer is automatically assigned an ID number whenever you visit our Site. This anonymous information is not matched to your Personal Information.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish to have your online activities tracked over time and across different websites. Our Site does not support Do Not Track requests at this time, which means that we may collect information about your online activity while you are using and after you use the Site.
We may also place web beacons (also known as “transparent GIFs” or “tracker GIFs”) on our Site, in online advertising with third parties, and in our emails. We use these beacons, in connection with cookies, to collect non-personal data on the usage of our Site, the performance of our online advertising, and the interaction with content in our emails.
Third Party Service Providers such as Google Analytics and Advertisers
We use Google Analytics, a web analytics service of Google, to evaluate and provide us with information about the use of the Site including traffic sources and content viewing. Google Analytics uses its own cookies and other tracking technologies as well as your IP address for this purpose. You may opt out of Google Analytics by visiting the Google Analytics Opt-out page: http://tools.google.com/dlpage/gaoptout.
The collection and use of your information by any of our third-party service providers are governed by their respective privacy policies and are not covered by this Privacy Notice.
We understand the utmost importance of protecting the Personal Information that you share with us. The Company implements and maintains reasonable safeguards, including technical, contractual, administrative, and physical security measures, to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
For site security purposes and to ensure that this service remains available to all Users, we reserve the right to monitor all network traffic to the Site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Site in any fashion. Anyone using this Website expressly consents to such monitoring.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your Personal Information, WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU TRANSMIT ANY INFORMATION AT YOUR OWN RISK. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you so that you can take the appropriate actions for the due protection of your rights. In the event of a data breach, or if we suspect a data breach, we will in addition notify the competent authorities in accordance with applicable law.
Whilst we strive to protect your Personal Information, we also urge you to take every precaution to protect your Personal Information while you are on the Internet. You are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website. To be prudent, please be sure to always close your browsers when you have finished making a transaction or completing a form on our Site; and please bear in mind that email communication is not secure. As such, we recommend that you do not include any confidential information when using email; and we will not include any confidential information in our email responses to you.
Within the Company, access to your information is limited to those designated persons who require access for the purposes outlined in Section 5.
As part of our commitment to your privacy, we have appointed an internal data protection officer (“DPO”). Our DPO reviews our Privacy Notice periodically to make sure it remains compliant with key international legislation, and monitors our Company’s activities for adherence to this Privacy Notice. You may contact our DPO by email or letter using the addresses given in Section 14.
Please note that any personal medical information that you provide during an online Cardiology Consultation or Heart Health Evaluation or any in-person cardiology appointment with Dr. Edwin Tulloch-Reid will be protected under confidentiality laws that govern physician-patient communications.
We take reasonable steps to ensure that your Personal Information is kept accurate and up-to date for the purposes for which it was collected.
If at any time you wish to update or access your Personal Information, you can do so by contacting our DPO via email (firstname.lastname@example.org) or by letter (Attn: DPO, Epanafero Ltd., Regal Plaza, 15 Old Hope Road, Kingston 5, Jamaica).
To protect your Personal Information, however, we require that you prove your identity to us at the time your request is made. Depending on the nature of your request, you may need to submit it in writing and include a copy of a government issued identification and signature. We may also require home and/or business address and phone numbers so we can check them with our files and satisfy ourselves as to your identity. The above information is required to create an audit trail of how your request has been handled. Where a request is made, any correspondence or application may be kept and added to your Personal Information. We reserve the right to decline access to your Personal Information under certain circumstances. If your Personal Information will not be disclosed, you will be provided with the reasons for this non-disclosure.
The Company retains your Personal Information only for as long as necessary to fulfil the purpose for which it was collected and/or we believe that we have reason to access it or refer to it, as well as to comply with our legal and regulatory obligations. Personal Information may be maintained for longer periods if subject to a legal hold or specific country/region requirements.
From time to time, we may delete your Personal Information when we determine that you are no longer active within our system. Should you withdraw your consent to have us collect and/or use your Personal Information, we will keep a record of this so that we can respect your request in future.
When we have no ongoing legitimate business need to process your information, we will either delete or anonymise it. Data whose retention period has been reached is automatically deleted once a month.
You may request the deletion of your Personal Information at any time, subject to any retention obligations imposed on us. Within 30 days of receiving your written request for deletion of your Personal Information together with proof of your identity, we will delete or destroy all copies of your Personal Information in our systems or otherwise in our possession or control. We may retain de-personalized (anonymous) information after the deletion of your Personal Information.
We do not sell or rent any information that we collect to third parties, nor do we share your information with third parties for commercial purposes in violation of the commitments set forth in this Privacy Notice.
We will share your Personal Information outside the Company, without prior notice to you, only in the following circumstances:
when it is required to provide you with the service(s) you have requested, in which case you will be considered to have implied your consent;
if your program is booked and/or paid for by a third party, in which case we will provide the booking and billing information to that party;
to enforce our Terms and Conditions or any other agreement between you and the Company, including to assist with collecting amounts owed to us;
if needed to protect the rights, property and safety of us or a third party;
if we believe there is a serious and imminent threat to the life, health or safety of yourself or another person;
if needed to respond to the request of law enforcement in cases where we believe disclosure is required and/or in accordance with applicable law, regulation or legal process; or
if we suspect any unlawful activity is taking place, we may investigate and/or report our findings or suspicions to the police or other relevant law enforcement agency.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you (for example, we may feature aggregated results and/or testimonials on our Site or newsletter).
We may outsource the processing of certain functions and/or information to third parties which support our business and manage or provide our services.
We use service providers in connection with operating and improving our Site as well as to assist with certain business functions, such as customer relationship management and support, fulfilling sales, payment processing, email and newsletter transmission, managing our ads, administering surveys, analytics, Site maintenance and data hosting, and technical support. Using contractual or other arrangements, we will take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, and in a manner consistent with the principles of this Privacy Notice.
After booking a Wellness Course, Wellness Coaching, Wellness Retreat, Wellness Monitoring or Heart Health Evaluation or other prescribed service with us, you will be asked to complete a Client Intake form which informs us about your health and wellness concerns and priorities, and medical history. If you have enrolled yourself in our Wellness Coaching, you will be asked to complete a Wellness Coaching Goals form and periodic Coaching Review forms which inform us of your health and wellness priorities and progress; and if you have enrolled yourself in our Wellness Monitoring, you will be asked to complete forms periodically which inform us of your health and wellness status, concerns and priorities. Following your participation in any of our Services, we may also contact you to ask about your satisfaction with our programs as well as to follow up on your health and wellness status, concerns and priorities. We may share some of your Personal Information contained therein with our partners (e.g. our venues) and health and wellness service providers (e.g. our Medical Experts or Wellness Coaches) if they are involved in providing services to you within the context of your program. In such cases, we would provide them only the minimum information necessary to provide their specific service, and we would ensure that they are contractually obligated to keep strictly confidential any such information that we share with them. If you do not wish for us to share your Personal information with our partners and service providers in this way, please advise us after you have received your order confirmation by sending an email to: email@example.com.
Please note that any personal medical information that you provide during an online Cardiology Consultation or Heart Health Evaluation or any in-person cardiology appointment with Dr. Edwin Tulloch-Reid will be protected under confidentiality laws that govern physician-patient communications.
We reserve the right to disclose information about you to third parties if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms and Conditions or related guidelines and policies, or if necessary to protect the rights, property, legitimate interests, or safety of, or prevent fraud or abuse of, the Company or others in compliance with applicable laws.
As we continue to develop our business we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or that the Company or substantially all of our assets are acquired, your Personal Information, or control of such information, may be one of the transferred assets. As such, we may share your Personal Information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
For our group courses and retreats, the Company prepares a list of each participant’s name, city and/or country. This will be included in each participant’s welcome kit which will be shared at the start of the course or upon arrival at the retreat. If you do not wish for your name to appear on this list, please let us know and we will be happy to remove your name.
In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries.
Please note that your information will be stored and processed on servers in Jamaica and possibly in jurisdiction(s) other than Jamaica. Additionally, some of the third parties to which we transfer your Personal Information (as described in Section 8.1) may be based in these and/or other locations. The jurisdictions where your information will be stored or processed may have lower standards of data protection and privacy than in your home country.
By using our services and agreeing to this Privacy Notice, you are, to the extent required and permitted under your local law, granting your consent to such a transfer of your Personal Information. If you do not consent to this transfer, then please do not register on our Website as we will be unable to provide you with our services.
You can always choose whether to receive any or all communications from us, other than communications regarding your bookings and billing and administrative emails such as updates to our Privacy Notice or Terms and Conditions if we choose to provide such notices to you in this manner.
All emails from us will have a clear “From” field that identifies us as the sender and will contain our address for contact purposes.
You may review, change, or delete your email preferences or the name you provided us for email services. To do so, please click the “unsubscribe” or “change your preferences” or “manage your preferences” link in the footer of one of our informational or marketing emails. You may also opt out by sending an email to firstname.lastname@example.org and stating that you would like to opt out of email communications from the Company. We will remove you from our mailing list as soon as technically feasible. In such cases, your contact details will be “suppressed” rather than deleted in order to ensure that your request is recorded and retained unless you provide a later consent that overrides it.
In accordance with applicable laws, you may have rights in relation to your Personal Information. These include:
You have the right to know whether and which of your Personal Information is processed by us and for what purposes.
You have the right to request a copy of your Personal Information, and to request that it be rectified (corrected or completed) or deleted.
You have the right to data portability, whereby your Personal Information be moved to you or another controller whom you designate in a structured, machine-readable format.
You can object to the processing of your Personal Information, request that its processing be restricted, or opt out of receiving informational or marketing communications.
You have the right to withdraw any express consent that you have provided to the processing of your Personal Information at any time without penalty. This does not affect the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to present a compliant to your local data protection authority should you have unresolved concerns about our collection and use of your information.
These rights may be limited, for example if fulfilling your request would reveal Personal Information about another person, where they would infringe the rights of a third party (including our rights), or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions in applicable data protection laws that we rely upon when responding to any request you make.
To exercise any of these rights, or to obtain other information, please send us a written request by letter or email to the addresses given in Section 14. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. We will take reasonable steps to verify your identity prior to responding to your requests. The verification steps will vary depending on the sensitivity of the Personal Information and whether you have an account with us.
The Company and its services are not directed at persons under the age of 18, and we do not knowingly solicit or collect or maintain information of any kind from such persons without prior verifiable parental or guardian consent.
Protecting the privacy and safety of minors online is very important to us. If we become aware that we have inadvertently received personally identifiable information from a minor, we will delete such information from our records. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should contact us via email at email@example.com and we will delete the child’s information from our records.
The Company reserves the right to change this Privacy Notice, without notice, at its own discretion. When we do, we will post the changes to this Privacy Notice on the Site and update the Effective Date at the top of this page. The changes will apply to the use of the Site after such notice. We will notify you any material changes by an announcement on the Site’s home page or using the email address you have provided upon registration. It is incumbent upon you to review the Privacy Notice thereafter to become aware of the changes, revisions, or modifications.
Where permitted by law, if you use the Site after the date on which the changes come into effect, you will be deemed to have accepted the Privacy Notice as modified. Please be assured that we will always handle your Personal Information in accordance with the Privacy Notice that was in effect at the time of collection except as may be required by law.
If you have any questions about this Privacy Notice, or any concerns or complaints with regard to its implementation, or if you would like to submit a request to exercise your rights in relation to the Personal Information that we maintain about you, please contact our Data Protection Officer:
By letter: Attn: DPO, Epanafero Ltd., Regal Plaza, 15 Old Hope Road, Kingston 5, Jamaica
When we receive formal written complaints, it is our policy to contact the person regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints that cannot be resolved between the Company and the individual concerned.