Legal

TERMS & CONDITIONS

You agree at all times to defend, indemnify and hold harmless Umar Agha, their affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Umar Agha shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site 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 product or service. You agree to only purchase goods or 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 or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

GENERAL

This website (the “Site”) is owned and operated by Umar Agha “https://www.existentia.co” (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site, from time to time, in which case we will post the revised.

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By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. Any use of the term Lifetime Access refers to lifetime access of the program/course/product not to be confused with the lifetime of the client/customer/purchaser or Umar Agha.

HEALTH DISCLAIMER

The information found on this Website is for general information purposes only. Any and all information found on this Website does not constitute a medical opinion and is not intended to substitute a professional psychological, psychiatric or medical advice, therapy, diagnosis, or treatment. The Website is not to be perceived as professional advice in regards to health or any other related field. I do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on this Website, other than the services expressly provided for by me as set out on this Website.

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The determination to take or withdraw from any medical intervention resides within the legislative authority of physicians, nurses and nurse practitioners. We support the distribution of current research and information relating to all topics and likewise encourage clients to make informed health care decisions having researched and understood all balanced and accurate information to which those decisions pertain. In every case, please consult your medical physician regarding any changes you make to your medical, diet or fitness regimen, as doing so without consultation or supervision by a qualified practitioner may be dangerous. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold Umar Agha liable for any such decisions, actions or results, at any time, under any circumstance.

Client understands Umar Agha is not a psychotherapist, doctor, nutritionist, registered dietician.

REPRESENTATIONS AND WARRANTIES

The information, products and services offered on or through the site and by company and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible, pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

LIMITATIONS OF LIABILITY

Reliance on any information found on this Website or any action you may take upon the information found on this Website, including user-submitted posts, is solely at your own risk. Umar Agha assumes no liability for any diagnosis, treatment, decision made or action taken, losses or damages that result out of the use of the information found on this Website.

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Always seek the advice of your physician or other qualified mental health provider with any questions you may have regarding a medical condition or serious mental disorder. If you think you need immediate assistance, call your local emergency number or the mental health crisis hotline listed in your local phone book’s government pages If you think you may have a medical emergency, call your doctor or 911 immediately.

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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

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THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this program.

NON-DISCLOSURE OF COACHING MATERIALS

Material given to Client in the course of Client’s work with Umar Agha is proprietary, copyrighted, and developed specifically for Umar Agha’s enterprise. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.

CLIENT RESPONSIBILITY

Client accepts and agrees that the Client is 100% responsible for their progress and results from Private coaching or the Program. Coach will help and guide Client however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties, or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary.

NON-DISPARAGEMENT

In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.

ASSIGNMENT

This Agreement may not be assigned by either party without express written consent of both parties.

TERMINATION

Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive or difficult to work with, or upon violation of the terms. Client will still be liable to pay the total contract amount.

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

RESOLUTION OF DISPUTES

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the Canadian Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

REFUND POLICY

All sales are final. We do not accept returns on products and our programs, including coaching are non-refundable.

CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with Credit- Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If the client used a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. The client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. The client shall not change any of the credit card information provided to the Company without notifying the Company in advance.

NO ENDORSMENTS

From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.

LINKS

This Website have external links to other websites that are for the sole benefit of the user. Any and all information found on any external website not expressly connected to, or created by, Umar Agha is strictly for informative purposes. The content and availability of these websites are not controlled or monitored by Umar Agha. As such, the inclusion of any links to external websites does not necessarily imply a recommendation or endorsement of the views expressed therein.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

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We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

PRIVACY POLICY

Umar Agha, through his website Existentia (“Company,” “we,” or “us”), respects your privacy and is committed to protecting it through this Privacy Policy.

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Our privacy commitment is based on the ten principles contained in the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).

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This Privacy Policy governs your access to and use of https://existentia.co including any content, functionality and services offered on or through existentia.co (the “Website”), whether as a guest or as a registered user. This policy applies to Personal Information we collect on the Website and in email, text, forms or other electronic messages between you and the Website.

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Please read the Privacy Policy carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.

Personal Information

Personal Information under PIPEDA is any information about an identifiable individual, but does not include the name, title, business address or telephone number of an employee of an organization.

Why do we collect Personal Information?

We collect Personal Information in order to provide counseling and coaching services to you.

The Company collects your information in order to record and support your participation in the activities you select. If you register to download a PDF or resources, sign up for our newsletter, and/or purchase a service from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services.

How do we collect personal information?

We collect personal information only by lawful and fair means, and only collect personal information that is reasonably necessary for the legitimate purposes identified and for which consent has been obtained.

Information You Provide To Us.

The Website provides a contact form where users are asked for their personal information, including their name and email address.

We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

Information We Collect Through Automatic Tracking Technology

As you navigate through our Website, we may use automatic data collection technologies including Google Analytics, Google Tag Manager and Active Campaign to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

Use of Cookies And Pixels

Similar to other commercial websites, our Website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and websites visited just before and just after our own, as well as your IP address.

The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.

Third Party Use Of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

Email Information

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.

Email Policies

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as required by law.

All e-mails sent by us will be in compliance with the Canadian Anti-Spam Legislation (“CASL”), including clearly stating who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

How do we use your information?

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.

From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

Disclosure of Information

As a general rule, we do not sell, rent, lease or otherwise transfer any information collected either automatically or through your voluntary action.

We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.

We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.

We may provide your information to any successor or assign in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business.

We may disclose information when legally compelled to do so when we, in good faith, believe that the law requires it, or for the protection of our legal rights, or when compelled by a court or other governmental entity to do so.

Security Measures

We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. Such measures will vary depending on the sensitivity, amount, format, nature and storage of the personal information and will involve, as applicable, physical, organizational and electronic security measures, including premises security, restricted file access, technological safeguards including security software and firewalls to prevent unauthorized computer access, and password and security policies. In communicating with us, you should be aware that e-mail is not a fully secure medium.

Updating Information and Correcting Errors

Since we use your personal information to provide goods or services to you, it is important that the information be accurate and up-to-date. If any of your information changes, is inaccurate or incomplete, please inform us so that we can make any necessary changes.

Access to Personal Information

We will respond promptly to any request for access to your personal information and will advise you of the cost, if any, prior to the retrieval of such records or information. We will not respond to requests for access to personal information that are frivolous, vexatious or repetitious. In certain circumstances, we may be unable to provide access to some or all of the personal information that we hold about you.

Visitor GDPR Rights

If you are visiting this Website from within the European Union (“EU”), you are entitled to certain information and have certain rights under the General Data Protection Regulation of the EU which include the following:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) We decide that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that we store and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the our processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

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You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

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We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

For more information about your rights as a website visitor from the EU and the GDPR, please see the European Commission website here – https://ec.europa.eu/commission/priorities/justice-and-fundamental-rights/data-protection/2018-reform-eu-data-protection-rules_en.

Privacy Policy Changes

We may change our Privacy Policy from time to time without notice. Please check our Website for the most up-to-date version of the policy.

Questions, concerns or requests for access

If you have any questions or concerns regarding our Privacy Policy, please contact us as follows:

Umar Agha, umar@existentia.co

Policy Last Updated: May 15, 2024

Your Consent

 By using our site, you consent to our online privacy policy.

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