Terms & Conditions
As used in this Agreement, “www.holisticnutritionlifestyle.com”, “we,” “us,” and “our” shall mean www.holisticnutritionlifestyle.com and its subsidiaries and affiliates. By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.holisticnutritionlifestyle.com in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.
We may, at our sole discretion, modify or revise these Terms of Service and policies at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. Although www.holisticnutritionlifestyle.com may attempt to notify you, when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
Account shall mean the account created by the Customer on the Application for availing the Services provided bywww.holisticnutritionlifestyle.com.
General Advice: Our Site and services do not offer medical advice and no content on our Sites creates a patient-doctor relationship
Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
Website shall mean the mobile application “www.holisticnutritionlifestyle.com”, as updated by www.holisticnutritionlifestyle.com from time to time.
Convenience Fee shall mean the fee payable by the Customer to www.holisticnutritionlifestyle.com for the Service i.e., for availing the technology services offered by www.holisticnutritionlifestyle.com. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
Customer/ You is a person who completes www.holisticnutritionlifestyle.com account registration process.
Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the www.holisticnutritionlifestyle.com.
Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
www.holisticnutritionlifestyle.com Content means all Content that www.holisticnutritionlifestyle.com make available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Customer Content.
Collective Content means Customer Content and www.holisticnutritionlifestyle.com’s Content.
Service Availability: The Sites may not be accessible at all times. We may change or discontinue any of the features of the Sites. We cannot promise to store or keep showing any information or content you’ve posted.
No Warranties: The Sites are provided on an “as is” without any warranties. There may be errors, omissions or interruptions.
Limitation of Liability: These are the limits of legal liability we may have towards you.
Indemnification: You agree to defend, indemnify and hold harmless www.holisticnutritionlifestyle.com, its licensors and partners and their respective employees, officers, directors, or agents from any and all claims, liabilities, costs and expenses, relating to or arising out of your use of our Sites including your use or access
Third Party Website Links, Content and Services
The Website and Content available through the Website may contain links to other third-party website (“Third Party Websites“). If you link to Third Party Websites, you may be subjected to those Third-Party Websites’ terms and conditions and other policies. www.holisticnutritionlifestyle.com makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Website is completely at your own risk and www.holisticnutritionlifestyle.com disclaims all liability thereto.
Any and all contents and services (including advertising) withinwww.holisticnutritionlifestyle.com that are not owned by www.holisticnutritionlifestyle.com are “third party content and services.” www.holisticnutritionlifestyle.com acts merely as an intermediary service provider of, and accepts no responsibility or liability for third party content and services. In addition, and without limiting the generality of the foregoing, www.holisticnutritionlifestyle.com may include links to Websites operated by third parties, including advertisers and other content providers. Those Websites may collect data or solicit personal information from you. www.holisticnutritionlifestyle.com does not control such Websites, and is not responsible for their content, policies, or collection, use or disclosure of any information, those Websites may collect.
www.holisticnutritionlifestyle.com shall charge Convenience Fee for the Service as shall be determined and amended at the sole and absolute discretion of www.holisticnutritionlifestyle.com. The Convenience Fee shall be payable by you to www.holisticnutritionlifestyle.com and you shall be informed of it before you purchase the service. The payment can be made via third party payment gateway.
The Customer shall pay in full for the services at the rates agreed to by the parties. Please note all the service fees shall be considered final and no refunds shall be granted.
Obligations of Users
Customers will not use the Services if any applicable law in their Province/State prohibits them from doing so and or have not previously been their right to use the Services.
By posting any Content on the Website, you hereby grant www.holisticnutritionlifestyle.com a perpetual, world- wide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any such Content which you may provide. You hereby waive all rights to any claim against www.holisticnutritionlifestyle.com for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to www.holisticnutritionlifestyle.com that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to www.holisticnutritionlifestyle.com all rights, title and interest as set forth herein in and to such Content.
The information contained on this Website is not a substitute for medical advice or treatment, and again we strongly encourage patients and their families to consult with qualified medical professionals for treatment and related advice on individual cases. If you are pregnant, nursing, diabetic, on medication, have a medical condition or are beginning a health or weight control program, consult your physician before using products or services discussed on this website and before making any other dietary changes.
Neither www.holisticnutritionlifestyle.com nor its Affiliates and contributors shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information.
When you send an e-mail or chat electronically with www.holisticnutritionlifestyle.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that www.holisticnutritionlifestyle.com provides to you electronically satisfy legal requirements that such communications be in writing.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub- licensable license to access, and use the Platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by www.holisticnutritionlifestyle.com or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
www.holisticnutritionlifestyle.com will not be liable on account of any inaccuracy of information on its Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download, publish, modify and distribute material on www.holisticnutritionlifestyle.com unless specifically authorized by www.holisticnutritionlifestyle.com in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or of anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Canada.
You acknowledge and agree that www.holisticnutritionlifestyle.com owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
- modify or copy the idea of trade, layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at www.holisticnutritionlifestyle.com.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Limitation of Liability
WWW.HOLISTICNUTRITIONLIFESTYLE.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WWW.HOLISTICNUTRITIONLIFESTYLE.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WWW.HOLISTICNUTRITIONLIFESTYLE.COM SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS. THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY WWW.HOLISTICNUTRITIONLIFESTYLE.COM FROM ITS FACILITIES IN CANADA. WWW.HOLISTICNUTRITIONLIFESTYLE.COM MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WWW.HOLISTICNUTRITIONLIFESTYLE.COM IS TO STOP USING THE WWW.HOLISTICNUTRITIONLIFESTYLE.COM PLATFORM, AND TO CANCEL ANY AND ALL OF YOUR WWW.HOLISTICNUTRITIONLIFESTYLE.COM ACCOUNTS, IF APPLICABLE.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of www.holisticnutritionlifestyle.com, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either www.holisticnutritionlifestyle.com or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
www.holisticnutritionlifestyle.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law and Arbitration
The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Ottawa, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario.
Therefore, you agree that: Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of Canada, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in, Canada, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non- privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.
Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at www.holisticnutritionlifestyle.com