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terms and conditions

Terms and Conditions

TERMS AND CONDITIONS

 

By accessing or using the website operated at www.hhhwcoaching.com and such other site locations made available from time to time (collectively, the “Site”) and the services offered through the Site, you (“you” and, together with all persons accessing or using the Site, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Heavenly Health and Holistic Wellness Coaching Ltd. (also referred to as “the Company”, “us”, “we” or “our”), in all respects with respect to the Site.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. By using this Site, you signify

your consent to these terms of use. If you do not agree to these Terms of Use, you are not permitted to use or access this Site. You acknowledge and agree that the Site and its Content are intended only for residents of Canada.

1.                   Privacy

 

You acknowledge that you have read the Privacy Policy as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. The Privacy Policy is incorporated herein by reference and forms an integral part of these Terms and Conditions.

 

2.                   License

 

We grant to you a non-exclusive, non-transferable and revocable limited license to access and use this Site for your personal, non-commercial use, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us.

3.                   Proprietary Rights & Prohibited Use

 

Unless expressly stated otherwise in these Terms and Conditions, the contents of the Site, including but not limited to text, designs, videos, photographs, graphics, multimedia elements, sound recordings, information, data HTML code, CSS, and Java code (collectively referred to as the “Content”) are protected by copyright and other intellectual property laws, and are owned by the Company and/or its Licensors. You are not permitted to copy, reproduce, republish, upload, post, transmit, distribute or modify any the Content without the express prior written consent of the Company. Words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of the Company or third-parties.

You may not access the Site or use the Site or the Content in any way or for any purpose that is unlawful.

4.                   Website Content – INFORMATION ONLY, NO ADVICE OR TREATMENT PROVIDED

 

Content provided on the Site is for general information purposes only. It is not, and should not be taken as medical or dietitian advice, diagnosis, treatment, counselling or therapeutic care of any kind, or a

 

substitute therefore. Always seek the advice of a physician, dietitian, counsellor or other qualified health care provider with any questions you may have regarding a specialized health matter, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, DELAY SEEKING TREATMENT OR ATTEMPT SELF-TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS

SITE. Information on this Site is not exhaustive and does not cover all health matters, and is not intended to.

Do NOT use this Site for emergencies. If you have a medical or other emergency, call a physician, qualified healthcare provider, or CALL 911 IMMEDIATELY.

The presentation of general information on this Site does not establish a health care provider-patient relationship between you and the Company or any of its representatives, contractors or employees. The Company provides health coaching services only, and does not provide medical, dietitian or counselling services.

6.                   No endorsement

 

Unless specifically stated, the Company does not recommend or endorse any specific brand of products, services, procedures or other information that appears or that may be advertised on this Site.

7.                   Links to Third-Party Sites & Content

 

The Site may contain links to other third-party sites as well as Content posted and/or prepared by third- parties. Links are provided solely as a convenience to you. The Company does not endorse the information or services contained in any third-party websites or Content, nor does it make any representation or warranty of any kind regarding any third-party website including, but not limited to, the quality, accuracy, reliability, completeness, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under the control of the Company and as such, your choice to access any such website is done entirely at your own risk. The Company expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the site, or any advertiser or sponsor of the site (third-party).

Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on this Site or on any site linked to this Site, is that of the respective author or distributor and not of the Company.

 

8.                   NO LIABILITY

 

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONTRACTORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF BUSINESS FINES, FEES, PENALTIES, PERSONAL/MEDICAL INJURY, WRONGFUL DEATH, IMPROPER DIAGNOSIS, INACCURATE INFORMATION OR IMPROPER TREATMENT), RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO MAKE USE OF, THE SITE AND THE CONTENT. THE FOREGOING LIMITATION SHALL APPLY WHETHER OR NOT THE COMPANY KNEW OR OUGHT TO HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES OR LOSS AND

 

REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.

9.                   Disclaimer of Warranties

 

THE SITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY OR REPRESENTATION IS MADE THAT: (I) THE WEBSITE AND THE CONTENT IS COMPATIBLE WITH YOUR ELECTRONIC DEVICE AND/OR SOFTWARE; (II) THE WEBSITE AND THE CONTENT IS ACCURATE, CURRENT OR COMPLETE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE WITHOUT INTERRUPTION, ERRORS OR OMISSIONS; (IV) THAT DEFECTS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND USE OF THE WEBSITE.

 

10.               Release and Indemnity

 

To the extent permitted by law, you agree to indemnify and hold the Company and directors, officers, employees and contractors harmless from and against any claims, demands, liabilities, damages and expenses (including all legal fees and disbursements) arising out of (i) your use of the Site and Content (including but not limited to your access, misuse, reliance upon or inability to access or use the Site and your publication, communication, distribution, uploading or downloading of anything (including the Content) on or from the Site), (ii) your breach of these Terms of Use or (iii) your violation of any third- party’s rights.

11.               Security

 

While The Company makes reasonable efforts to ensure that the Site and all Content do not contain any harmful elements, it does not represent, warrant or guarantee that the Site or the Content is compatible with your computer systems or that the Site or the Content is or will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Site. Access to, and use of, the Site and the downloading of Content are done at your own risk. The Company cannot guarantee the security or confidentiality of any communication to or from the Site.

12.               Modifications

 

The Company reserves the right to modify or amend these Terms of Use at any time without notice to you. We will ensure that the latest, fully amended version of these Terms of Use is published on the Site. By accessing or using the Site after any such modifications, you will be conclusively deemed to have accepted such amended Terms of Use then posted. If any modification is not acceptable to you, you must cease accessing and using the Site. You are responsible for regularly reviewing the Site to obtain timely notice of any amendments.

 

The Company also reserves the right any time, and from time-to-time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. The Company shall have no liability to any user or third-party for any modification, suspension or discontinuation of the Site or any part thereof.

 

13.               Termination

 

The Company may restrict, suspend or terminate your right to access and use this Site and the Content at any time, without liability or notice to you if we, in our sole and absolute discretion, determine or believe you have violated any of these Terms of Use.

14.               Governing Law

 

The interpretation, validity, effect and enforcement of the Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residence or physical location. Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of British Columbia with respect to any legal proceeding related to the Site and agree not to commence any such proceeding except in Victoria, British Columbia, Canada.

 

15.               Use Prohibited Where Contrary to Law

 

Use of this Site is unauthorized in any jurisdiction where the Site or any of the Content may violate any law or regulations. You agree not to access or use the Site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of these Terms of Use) is entirely at your own risk.

 

General

 

These Terms of Use, including any documents referenced herein, constitute the entire agreement between the Company and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or the Content. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. Any failure by the Company to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court. These Terms of Use are for the benefit of the Company, its directors, officers, employees, contractors and third-party content providers and licensors, and each shall have the right to enforce such provisions directly or on their own behalf.