Terms of Service
Last updated: October 8, 2024
Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the dynamixtraining.com website (the “Website”) operated by Devanand Prasad (“us,” “we,” “our”),
as these Terms contain important information regarding limitations of our liability.
Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms.
These Terms apply to everyone, including but not limited to visitors, users, and others who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer goods, services, and digital products on this Website.
The price of these goods, services, and digital products can be found listed on the Website.
This price includes all applicable taxes and other fees.
Purchases
When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment.
You may make purchases using the following third-party payment processors: PayPal, Intrac, E transfer and Stripe.
We are not responsible for the collection, use, sharing, or security of your billing information by these third-party payment processors.
The following payment methods are accepted: American Express, bank transfer, Discover, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information you supply to us and to the third-party payment processor(s) is true, correct, and complete.
Buyout Eligibility / Cancellation policy
At Dynamix, we are committed to delivering exceptional results through our program. By enrolling, clients agree to fulfill all obligations outlined in the Client Agreement including full financial commitment to the program.
However, we understand that life circumstances can sometimes create unavoidable situations. Therefore, a partial contract buyout (50% of the remaining balance)is only available under the following strict conditions.
Important Notes:
A buyout is not a cancellation but an early termination option under extreme circumstances.
Clients must submit official documentation supporting their request.
Approval is not guaranteed and is subject to review.
The performance guarantee remains separate and does not apply to buyouts.
Clients may request a 50% buyout only under the following situations, with official proof required:
Must provide an official proof of relocation, such as:
Job offer or employment contract in the new country
Immigration approval or residency documentation
Lease agreement or property deed in the new country
Relocation must be to a low-income or economically disadvantaged country(as classified by the World Bank or other recognized economic indexes).
Moves betweenhigh-income countries(e.g., U.S. to U.K., Canada to Australia)do not qualifyfor a buyout.Must be apermanent move(temporary travel or extended stays do not qualify).
Must provide aformal medical attestation from alicensed physician stating:
The client is physically or mentally unable to participatein any capacity.
The condition developedafter program enrollment(pre-existing conditions do not qualify).
Examples of qualifying conditions:
Severe injury requiring prolonged rehabilitation.
Diagnosis of a terminal or debilitating illness.
Must provide a certified medical report confirming permanent disability.
Must be a condition that prevents participation in any fitness, nutritional, or coaching activities.
A certified death certificate must be submitted by a legal representative or next of kin.
Any remaining balance will not be charged post-confirmation.
Must provide official deployment orders or a government-issued letter confirming:
Mandatory relocation for military service.
Government-mandated duty requiring extended leave.
Must provideallof the following:
Official termination letter from the employer.
Proof of unemployment benefits or financial hardship (e.g., bankruptcy filing).
Documentation must confirmloss of primary income source with no alternative financial support.
Clients stillemployed, self-employed, or financially stable do not qualify.
Only considered under verifiable legal or financial hardship.
Must submit official documentation, such as:
Court documents verifying financial hardship (e.g., bankruptcy).
Legal injunctions impacting financial stability.
Requestswithout legal verification will be denied.
The following do not qualify for a buyout under any circumstances:
Lack of motivation or personal preference.
Not seeing results fast enough.
Change of financial priorities(e.g., choosing to spend money elsewhere).
Moving within the same country(buyout only applies to permanent relocation to a low-income country).
Relocation between high-income countries(e.g., U.S. to U.K., Canada to Germany, Australia to France, etc.).
Finding a different or cheaper program.
Personal life stress(unless legally documented as extreme hardship).
By signing the Client Agreement, clients legally commit to fulfilling their financial obligations for the entire duration of the program.
Failure to make payments or attempting to evade financial responsibility (e.g., ghosting, ignoring payment requests, or failing to complete a buyout process when eligible) will result in the following legal and financial consequences:
Debt Collection
Unpaid balances will be forwarded to athird-party collections agency.
Additional collection fees and interest chargesmay apply.
Credit Reporting & Damage to Credit Score
Failure to pay may result in the delinquent account being reported to credit bureaus, negatively impacting the client’s credit score.
A damaged credit report can affect future loan approvals, mortgage applications, and employment background checks.
Contract Enforcement
The agreement is legally binding. If necessary, our legal team will pursue enforcement through civil claims, requiring full payment plus any applicable legal fees.
Chargebacks or unauthorized payment disputes will be legally challenged.
Permanent Blacklisting
Clients who default on payments or violate the agreement may be permanently blacklisted from:
Any future programs, services, or coaching opportunities.
Partnered programs and associated services.
Special offers, discounts, or VIP opportunities.
To request a buyout, clients must:
Submit a formal Buyout Request via [email protected]
Attach required supporting documents(as outlined above).
Await review and approval(processing time: 7–14 business days).
If approved, a 50% buyout fee will be invoiced.
Once payment is received, the contract will be officially terminated.
Important:
Failure to provide documentationwill result in an automatic denial.
The remaining balance is still due if buyout is not granted.
Choosing to leave the group or failing to make payments, as outlined in the client agreement, will result in a lifetime ban and immediate removal from the program.
Refund policy
We do not offer refunds or exchanges unless explicitly stated in the agreement.
Intangible online items are non-refundable unless specified otherwise.
As our services are digital products, they are considered “used” once they have been emailed, downloaded, or opened.
If your agreement explicitly includes a performance-based guarantee, please contact us at [email protected] for further instructions.
If we cancel your purchase due to our failure to comply with the agreement, we will issue you a refund of the full purchase price you paid.
Please note that we do not offer refunds for any other reasons than those listed above
Shipping policy
When you purchase our goods, either we or a third party will ship these goods to you.
If a third party is used for shipping, the shipping will be governed by that third party’s Terms of Service and other applicable policies.
The cost of the shipping will be calculated and presented to you during the checkout process.
We or a third party will ship the goods to you within a reasonable time from the date that you made your purchase.
No warranty on purchases
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none.
You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue, and class action waiver” section below.
These remedies are intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Subscriptions
This Website features products or services that are offered via a subscription model.
A subscription model requires regular payments to receive a product or service.
The initial term of the subscription is depending on which plan you choose.
WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.
THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.
Automatic renewals of subscriptions
WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW DEPENDING ON WHICH PLAN YOU CHOOSE.
WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:
EMAIL – [email protected]; THROUGH THE WEBSITE.
PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
YOU MUST PROVIDE US WITH 30 DAYS’ NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.
Accounts
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion.
You can terminate your account by contacting us or through your account on the Website.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant Devanand Prasad, "the website" a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment or content.
When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information.
You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations.
We reserve the right to remove any content or comment at any time at our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
Content that harasses others;
Content that is discriminatory or offensive;
Swearing, name-calling, and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting, or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times.
The following is a non-exhaustive list of prohibited uses of this Website.
You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate Devanand Prasad or its employees, representatives, subsidiaries, or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.
No Warranty on Website
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website.
We may experience delays in updating information on this Website and in our advertising on other websites.
The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current.
Products or services may be incorrectly priced or unavailable.
We expressly reserve the right to correct any pricing errors on our Website.
The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us
Damages and Limitation of Liability
IN NO EVENT SHALL Devanand Prasad "the website" BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE;
ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE,
EVEN IF Devanand Prasad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, DESPITE THE LIMITATION ABOVE, Devanand Prasad, "the website" IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Devanand Prasad WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Devanand Prasad , "the website" IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Devanand Prasad, "the website"
THE AGGREGATE LIABILITY OF Devanand Prasad , "the website" ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY Devanand Prasad, "the website" FROM YOU.
Links to Third Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us.
We provide such hyperlinks for your reference only.
We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature.
Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are ©2024 Devanand Prasad , "the website" or third parties.
All rights reserved.
Unless specified otherwise, this Website and all content and other materials on this Website, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of Devanand Prasad, "the website" and are either registered trademarks, trademarks, or otherwise protected intellectual property of Devanand Prasad, "the website" or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Devanand Prasad at
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.”
Your notice to us must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address, and telephone number; and A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete.
You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Devanand Prasad
Dynamix Training
Governing Law, Severability, Dispute Resolution and Venue
These Terms shall be governed and construed in accordance with the laws of the province of Nova Scotia, Canada, without regard to its conflict of laws provisions.
THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms, including but not limited to the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Nova Scotia, Canada.
YOU AND Devanand Prasad AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time.
We will notify you immediately of making any changes to these Terms of Service by posting the updated terms of service to this website.
Questions
If you have any questions about our Terms of Service,
please contact us at [email protected]