Terms

TERMS AND CONDITIONS 

Marsha Vanwynsberghe 

marshavanw.com 

Last Updated: April 22, 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY PROGRAM, PRODUCT, OR SERVICE. 

These Terms and Conditions (the "Terms") govern your access to and use of the website located at marshavanw.com, including all subdomains, checkout pages, member portals, digital products, coaching programs, and related services (collectively, the "Site" and "Services") operated by Marsha Vanwynsberghe, a sole proprietor based in the Province of Ontario, Canada ("we," "us," "our," or "Marsha").

By accessing, browsing, registering on, or purchasing from the Site, you ("you," "your," or "Client") agree to be bound by these Terms, our Privacy Policy, and any program-specific agreement you enter into at the time of purchase. If you do not agree to these Terms, you must not use the Site or purchase any Services.

These Terms supersede any prior agreements or understandings between you and us relating to the Site or Services, except for a signed, program-specific agreement, which will take precedence in the event of a conflict.

1. About Us

The Site and Services are operated by Marsha Vanwynsberghe, carrying on business as a sole proprietor in Ontario, Canada. References in these Terms to "the Company" refer to Marsha Vanwynsberghe in her capacity as a sole proprietor. 

For any questions, notices, or legal correspondence relating to these Terms, contact: marsha@marshavanw.com. 

2. Eligibility

You must be at least eighteen (18) years of age and legally capable of entering into a binding contract to use the Site or purchase any Services. By using the Site or purchasing a Service, you represent and warrant that you meet these requirements. 

3. Intellectual Property

3.1 Ownership of Content

The Site and all materials made available through it or through our Services — including but not limited to the UNBOTHERED™ framework, the 10-letter curriculum, the ceiling and floor methodology, call recordings, live teachings, NLP processes, hypnosis and audio recordings, workbooks, worksheets, templates, slide decks, graphics, photos, written materials, podcast episodes, blog posts, emails, and the look and feel of all of the foregoing (collectively, the "Content") — are owned by or licensed to Marsha Vanwynsberghe and are protected by Canadian and international copyright, trademark, and other intellectual property laws. 

3.2 Limited Personal License

Subject to your continued compliance with these Terms and full payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely for your own personal and internal business use. This license ends automatically if you violate these Terms. 

3.3 Trademarks

UNBOTHERED™, "Raise the floor. Reach the ceiling.", "Own Your Choices Own Your Life," and related names, logos, taglines, and program titles are trademarks of Marsha Vanwynsberghe, whether or not they are marked with ™ or ®. Nothing in these Terms grants you any right to use any of our trademarks without our prior written consent. 

3.4 Restrictions

You agree that you will not, and will not permit any third party to: 

• Copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, or otherwise commercially exploit any Content without our prior written consent;
• Record, screenshot, screen-share, transcribe, or broadcast any live coaching call, group session, or hot seat, except where we have expressly made a recording available to participants in the member portal;
• Share your login credentials, portal access, Telegram invite, or any call link with any person who has not paid for and been enrolled in the applicable program;
• Use the Content, in whole or in part, to create a derivative, competing, or substantially similar coaching program, curriculum, framework, course, membership, or mastermind;
• Remove, obscure, or alter any copyright, trademark, or other proprietary notice contained in any Content;
• Use any automated system, scraper, robot, or data-mining tool to access the Site or Content.

A violation of this Section 3.4 is a material breach of these Terms and may result in immediate termination of your access without refund, and may entitle us to seek injunctive relief and damages.

3.5 Feedback

If you submit ideas, suggestions, testimonials, feedback, or other materials to us ("Submissions"), you grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, modify, publish, and distribute the Submissions for any purpose, without attribution or compensation, unless we have agreed otherwise in writing. 

4. Programs, Fees, and Payment

4.1 Program Offerings

We offer a range of digital products, coaching programs, masterminds, and live experiences, including but not limited to the UNBOTHERED™ Entrepreneur Mastermind (the "Programs"). Each Program has its own scope, duration, delivery format, and price, which will be described on the applicable checkout page and/or in a program-specific agreement provided to you at the time of enrolment. 

4.2 Pricing and Currency

All prices are stated in Canadian dollars (CAD) unless otherwise expressly indicated. Prices are subject to change at any time; however, the price in effect at the time you complete your purchase will be the price you are charged. Applicable taxes, including HST where required, will be added at checkout. 

4.3 Payment Plans

Some Programs may be purchased by payment plan. If you select a payment plan, you authorize us (and our payment processor) to charge your chosen payment method automatically on the dates and in the amounts disclosed at checkout until the full Program fee has been paid. Selecting a payment plan does not change the total amount owed; the entire Program fee remains due even if you discontinue participation. Failed, declined, or reversed payments may result in suspension of access to the Program until the balance is resolved. 

4.4 Payment Processors

Payments are processed through third-party payment processors (such as Stripe and Kajabi). By submitting your payment information, you agree to be bound by the terms of service and privacy policies of those processors in addition to these Terms. We do not store your full credit card or banking information on our servers. 

4.5 No Refunds — All Sales Final

ALL SALES ARE FINAL. Given the small-group, capped-seat, intimate nature of the UNBOTHERED™ Mastermind and our other Programs, your enrolment reserves a seat that we cannot offer to another participant once the Program has opened. For that reason, and in consideration of the time, curriculum, live coaching, digital toolkit, and community access provided: 

• No refunds, credits, or exchanges will be issued for any Program, digital product, or service, whether paid in full or through a payment plan;
• Your obligation to pay the full Program fee is not contingent on attending any particular call, consuming any particular resource, or achieving any particular result;
• If you choose to stop participating, you remain responsible for any outstanding balance on your payment plan;
• Chargebacks, payment disputes, or reversals initiated in bad faith (where Services have been delivered in accordance with these Terms) may be contested by us and may be referred to collections and reported to credit bureaus where legally permitted.

Consumer Protection Rights: Nothing in this Section 4.5 limits any statutory right you may have under the Ontario Consumer Protection Act, 2002 or other applicable law that cannot be excluded by contract. If you believe you are entitled to a refund under an applicable statutory right, please contact us at marsha@marshavanw.com.

4.6 Transfers

Program enrolments are personal to you and may not be transferred, assigned, gifted, or resold to another person without our prior written consent, which may be withheld at our sole discretion. 

4.7 Program Changes

We reserve the right to reschedule, substitute, or modify any live call, guest expert, or Program component for reasons including illness, emergency, technical issues, or other circumstances. We will provide reasonable notice and a replacement session or recording where possible. Minor changes to schedule or delivery do not entitle you to a refund. 

5. Important Disclaimers About Coaching Services

5.1 Not Medical, Psychological, or Therapeutic Advice

Our Programs, including UNBOTHERED™, are educational and coaching services. They are not medical care, psychotherapy, counselling, psychiatric treatment, diagnosis, or a substitute for any of the foregoing. Marsha Vanwynsberghe is a coach and educator, not a licensed physician, psychologist, psychotherapist, psychiatrist, social worker, or registered mental health professional. Nothing in any Program, audio recording, hypnosis or NLP process, workbook, post, email, podcast, or live call constitutes medical, psychological, or mental health advice. 

If you are experiencing a mental health crisis, suicidal thoughts, severe trauma, a psychiatric condition, a medical condition, or any other condition requiring professional care, you must consult a qualified licensed professional. If you are in crisis, please contact 9-8-8 (Canada Suicide Crisis Helpline) or your local emergency services immediately. 

5.2 Not Legal, Financial, Tax, or Business Advice

Any business, financial, marketing, or strategic information shared through the Site or within a Program is provided for general educational purposes only. It is not, and should not be relied upon as, legal, accounting, tax, financial, investment, or professional business advice. You are solely responsible for your own business decisions and should consult qualified licensed professionals in your jurisdiction before acting on any information provided. 

5.3 NLP, Hypnosis, and Subconscious Work

Certain Programs include Neuro-Linguistic Programming (NLP) processes, guided visualization, hypnosis-style audio recordings, somatic work, nervous system regulation practices, and similar modalities (collectively, "Modalities"). These Modalities are offered as self-development and coaching tools; they are not clinical hypnotherapy, psychotherapy, or medical treatment. 

You agree that: 

• You will not participate in any Modality while driving, operating machinery, or doing anything else that requires your full attention;
• You will not participate if you have been diagnosed with epilepsy, a seizure disorder, psychosis, dissociative identity disorder, PTSD, or any similar condition, without first consulting and obtaining clearance from your qualified licensed healthcare provider;
• Participation is voluntary and you may pause, skip, or stop any Modality at any time;
• You accept full responsibility for how you choose to engage with any Modality and for any decision you make as a result.

5.4 No Guarantee of Results

We do not and cannot guarantee any specific outcome, result, income, revenue, profit, business growth, emotional state, transformation, healing, or other result from participation in any Program. Any testimonials, case studies, examples, or references to the experiences of past participants are individual results and are not typical, promised, or predictive of what you will experience. Your results depend on many factors within and outside your control, including your own effort, circumstances, implementation, existing skills, market conditions, and many other factors. 

You expressly acknowledge that you are solely responsible for your own results, for the application of any tools or teachings shared through a Program, and for any action or inaction you take as a result of participating. 

6. Client Conduct and Community Standards

6.1 Confidentiality of the Group

Live calls, group sessions, hot seats, and Telegram channels often involve participants sharing personal, sensitive, or confidential information. You agree to treat everything another participant shares as strictly confidential. You will not record, screenshot, quote, forward, reference, or disclose any participant's shares — by name or in identifying detail — outside the Program, whether publicly or privately, during or after the Program. 

6.2 Respectful Participation

We are committed to a supportive, professional, and respectful environment. You agree to engage with Marsha, other participants, guests, and our team respectfully. The following conduct is prohibited and may result in immediate removal from the Program without refund: 

• Harassment, bullying, intimidation, or discriminatory language of any kind;
• Disclosing or distributing another participant's personal information, shares, or image;
• Soliciting other participants for your own business, MLM, course, or program without express prior permission from Marsha;
• Disruptive behaviour during live calls;
• Violating any of the intellectual property or confidentiality provisions of these Terms;
• Any unlawful conduct.

6.3 Removal

We reserve the right, in our sole discretion, to suspend or remove any participant from a Program or the community for violation of these Terms or the conduct standards above. A participant removed for cause forfeits all remaining access to the Program and any refund of fees paid, and remains responsible for any unpaid balance on a payment plan. 

7. Communications and Electronic Consent

When you register on the Site, purchase a Service, or subscribe to a list, you consent to receive communications from us electronically, including by email, SMS (where you have opted in), and messages via platforms such as Telegram. This includes transactional communications (receipts, portal access, schedule updates) and, where you have opted in, marketing communications. You may opt out of marketing communications at any time using the unsubscribe link in any such email, or by contacting marsha@marshavanw.com. Transactional communications related to a Program in which you are actively enrolled may continue for the duration of that Program regardless of marketing opt-out. 

8. Disclaimer of Warranties

THE SITE, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. 

We do not warrant that the Site or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant any specific result or outcome from your use of the Site, the Content, or any Program. You assume all risk associated with your use of the Site and Services. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, some of the above exclusions may not apply to you. 

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: 

• We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, or emotional distress, arising out of or in connection with your use of the Site, the Content, or any Service, even if we have been advised of the possibility of such damages.
• Our total aggregate liability arising out of or in connection with these Terms, the Site, the Content, or any Service — regardless of the cause of action (whether in contract, tort, negligence, statute, or otherwise) — will not exceed the total amount you actually paid to us for the specific Service giving rise to the claim in the twelve (12) months preceding the event that gave rise to the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in such jurisdictions, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Marsha Vanwynsberghe, her assistants, contractors, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your violation of any law or the rights of any third party; (iii) any content or material you post, share, or transmit through the Site or any Program community; (iv) your use of the Site or Services; or (v) your conduct in connection with other participants or third parties. 

11. Third-Party Services and Links

The Site and Services rely on third-party providers (including but not limited to Kajabi, Stripe, Telegram, Zoom, email service providers, and hosting platforms). We are not responsible for the performance, availability, policies, or acts of any third-party service, and your use of any such service is governed by that provider's terms and privacy policy. The Site may also contain links to third-party websites. We do not endorse and are not responsible for the content, products, or practices of any linked site. 

12. Termination

We may suspend or terminate your access to the Site, any member portal, any community channel, or any Program at any time, with or without notice, for any violation of these Terms or for any other reason we deem appropriate in our sole discretion. Termination for cause does not entitle you to any refund and does not relieve you of any outstanding payment obligations. The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law. 

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any conflict-of-laws principles. 

13.2 Informal Resolution

Before filing any claim, you agree to attempt in good faith to resolve the dispute by first contacting marsha@marshavanw.com with a written description of the issue. We will attempt to respond within thirty (30) days. 

13.3 Jurisdiction

Subject to Section 13.2, you and we agree that any dispute arising out of or relating to these Terms, the Site, or any Service will be brought exclusively in the courts located in the Province of Ontario, Canada, and you submit to the personal jurisdiction of those courts. If you are a consumer, this provision does not deprive you of the protection of any mandatory consumer-protection provision of the law of the country or province in which you ordinarily reside. 

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any program-specific agreement, constitute the entire agreement between you and us regarding the Site and Services and supersede all prior understandings. 

14.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. 

14.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severable from the remaining provisions, which will remain in full force and effect. 

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice, including in connection with the sale or transfer of our business. 

14.5 Changes to These Terms

We may revise these Terms at any time by posting an updated version on the Site. The "Last Updated" date at the top of these Terms reflects when the most recent changes took effect. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the revised Terms. Material changes affecting an active Program enrolment will be communicated to active participants by email. 

14.6 Language

The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces Conditions ainsi que tous les documents s'y rattachant soient rédigés en anglais. 

15. Contact Us

If you have any questions about these Terms, please contact: 

Marsha Vanwynsberghe 

Email: marsha@marshavanw.com 

Website: marshavanw.com 

Ontario, Canada 

— End of Terms and Conditions —