Terms & Conditions

Effective Date – 27/04/2020

Agreement for purchase of Products

  1. This Agreement
    • What this agreement covers. This is the agreement on which we supply the Products to you.
    • Why you should read them. Please read this agreement carefully before you submit your order to us. This agreement tells you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in this agreement [or require any changes], please contact us to discuss.
    • This is our entire agreement with you. This agreement constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in this agreement and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  2. Information about us and how to contact us
    • Who we are. We are Wes Myron Ltd a company registered in Canada, referred to as we/us throughout. [Our company corporation number is [BC1091404] and our registered office is at 104-9710 Second Street, Sidney, BC, Canada, V8L 3C4.
    • How to contact us. You can contact us by writing to us at [email protected]
    • How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us in your order.
    • “Writing” includes emails. When we use the words “writing” or “written” in this agreement, this includes emails.
    • Our Products . We offer the following Products.
      • The Elite Performance Lifestyle smartphone application license and application, purchased through the Apple App Store and/or the Google Play Store, via a monthly subscription.
      • The Elite Performance Lifestyle smartphone application Monthly license and application, purchased through this website, via a monthly subscription.
      • The Elite Performance Lifestyle smartphone application Lifetime license and application, purchased through this website, via a one-time-only payment.
      • The Elite Performance Lifestyle one-to-one coaching services, purchased through this website and/or by payment via electronic transfer.
  3. Our contract with you if you are purchasing any or all of our Product(s) through this website.
    • How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Products. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we are unable to meet a delivery deadline you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
  4. What we offer. If the contract is for monthly subscription as mentioned at clause 2.5 (b) the contract will renew automatically on the same day you signed up every month. The application is designed by coaches to help your workforce become happier, healthier, and more productive.
  5. Our rights to make changes
    • Minor changes to the Products. We may change The Elite Performance Lifestyle smartphone application:
      • to reflect changes in relevant laws and regulatory requirements; or
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes may result in the seminar being rescheduled or the coaches or athletes being substituted; or the Elite Performance Lifestyle wellness app being altered to improve function or security.
    • Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  6. Providing the licence(s) of the Elite Performance Lifestyle smartphone app, if you have purchased via this website
    • When we will provide the licenses. Within two business days of receiving your order, we will email you with a welcome email. Within this email will be a unique Company Code allocated with the number of licenses you have purchased. The Elite Performance Lifestyle smartphone application is available for free download by you and/or the beneficiaries of your purchased license(s) at any time from the Apple App Store and/or the Google Play Store. You and/or the beneficiaries of your purchased license(s) will have the option to use your unique Company Code in the initial login of the application, to access the Product.
    • We are not responsible for delays outside our control. If access to any of our Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
    • Reasons we may suspend access to the Products to you. We may have to suspend the supply of the Products to:
      • deal with technical problems or make minor technical changes;
      • update the product to reflect changes in relevant laws and regulatory requirements; or
      • make changes to the product as requested by you or notified by us to you (see clause 5).
    • Your rights if we suspend access to the Products. We will contact you in advance to tell you we will be suspending access, unless the problem is urgent or an emergency.
    • We may also suspend access to the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 9.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the Product(s) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending access to the Product(s). We will not suspend access to the Product(s) where you dispute the unpaid invoice (see clause 9.8). As well as suspending access to the Product(s) we can also charge you interest on your overdue payments (see clause 9.6).
  7. How do I end this Agreement if I have purchased Monthly license(s) of the Elite Performance Lifestyle smartphone application? To end this agreement, you must email us at [email protected], You must provide via email at least seven Business Days ’ before your next payment is due. If you do not provide 7 Business Days we cannot guarantee that your next monthly payment will not be taken. In this eventuality, this payment will not be refundable.
  8. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected] Please explain in as much detail as possible what your problems are with the product.

  1. Price and payment
    • The Price. The prices of all Products purchased through this website are available on the relevant Product’s specific website page. The price of Products purchased through the Apple App Store and/or the Google Play Store are available on these platforms.
    • Free Trial for Monthly licenses purchased through this website. We offer a free four week trial for you to try out The Elite Performance Lifestyle smartphone application, if purchased through this website, via a monthly subscription. Your first payment will be taken 28 days after the license(s) is issued.
    • How you must pay. We accept payment with Visa, American Express, and Mastercard.
    • When you must pay. For purchases, made through this website, of Lifetime license(s) of the smartphone application, and/or one-to-one coaching, payment is due upon ordering the Product. For purchases, made through this website, of Monthly license(s) of the smartphone application we offer a free 28 day trial, so your first payment will be taken 28 days after the licenses for The Elite Performance Lifestyle smartphone application are issued.
    • Our right of set-off. You must pay all amounts due to us under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    • Refund Policy. No refunds will be considered for any of the Products, with the exception of purchasers of Lifetime license(s). Purchasers of Lifetime license(s) only may claim a refund by emailing [email protected] within 14 days of purchasing. Any refund requests received after 14 days of purchase will not be accepted.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. Our responsibility for loss or damage suffered by you
    • When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  3. Our responsibility for loss or damage suffered by you if you are a business
    • Nothing in this agreement shall limit or exclude our liability for:
      • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Subject to clause 10.1:
      • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
      • nothing in this agreement or in other correspondence is intended as a guarantee that your business or its staff will become more successful, efficient, healthy or improve in any other way; and
      • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount you have paid in the last year.
      • If purchasing the smartphone application through Google Play or the App Store we accept no liability for any hurt caused by the smartphone application.
  1. Other important terms
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of this agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this agreement, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we provide the Products, we can still require you to make the payment at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Canada and the courts of Canada shall have exclusive jurisdiction to settle any such dispute or claim.
    • All the information on this Website, belongs to Elite Performance Lifestyle.If you’re wanting to use any of the information on this Website you must get written approval from a representative of Elite Performance Lifestyle.