TERMS AND CONDITIONS
Effective October 18, 2019
The Nourish Company, an Ontario sole proprietorship (“company”, we”, and “us”) reserves the right to change any terms or conditions at any time, effective upon their posting. However, in the rare event that we make a substantial change that would impact how your personal data is used or other important rights you have, we will inform you of such changes by sending you an email to your account on file and/or by posting a prominent notice within the membership site to give you an opportunity to decide whether to accept such changes and continue with our service, or whether you wish to decline such change and cancel your service.
Company or its service providers, parents, affiliates and business associates may impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability; company may also terminate your use of the services at any time in its sole discretion. In the rare event that company ever decides to discontinue a particular service you have paid for, company will either fulfill the services for the duration of the term that you paid for, or, in company’s sole discretion, will offer you a refund for the services that were not yet rendered.
Except as specified elsewhere herein, your use of the services after any changes are implemented constitutes your acceptance of the changes. As a result, Company encourages you to consult the terms and conditions each time you use any of the services.
Please read carefully, and note our mandatory arbitration provision and waiver of class action provision.
1. Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items on our Web Site and/or contained in the Services (hereinafter “Content”) constitute the sole and exclusive property of COMPANY or its subsidiaries, affiliates, licensors and content providers (excluding any personal content that you provide or upload). Upon paying the applicable fees for accessing the Content (including our nutrition coaching services), You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without COMPANY’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any Content or design elements of the Services is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us at email@example.com.
2. Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3. Health Disclaimer
Please read the Health Disclaimer carefully regarding certain limitations of liability and health precautions you should be aware of. The Health Disclaimer is hereby incorporated by reference as part of these Terms and Conditions.
5. Billing Procedures
A. Billing Procedures. If you sign up for a nutrition coaching program or personalized nutrition coaching, you agree and understand that you will be charged a specified amount for that program on a one-time only or monthly basis. By signing up for the nutrition coaching program or personalized nutrition coaching, you are committing to a minimum of three months on the program or one-on-one coaching services.
B. Updating Your Credit Card. If you purchased the coaching program through Practice Better you can access your account and update your information through your client page.
C. Cancellations/refunds. The Company does not warrant, either expressly or by implication, to any aspect of the Program nor is it responsible for the success of the Program. The Client confirms and agrees that they are wholly responsible for the progress and results and that the Program (and Company) offers no warranties or guarantees of future success. The Company does not warrant or guarantee that the Client will achieve any level of result or success using any of the materials provided by or created by the Program. This program is non-refundable. It is your responsibility to ask for support when needed. Your results will be based on many different variables, many of which the Company cannot control, and therefore the Company cannot make any guarantees as to your outcome.
6. Membership Site/ Additional User Conduct Guidelines
A. For services that you purchase from COMPANY that are delivered through the Practice Better or My Fitness Pal sites, you will be given a user name and password to access the coaching services and tools. In such instances, you agree not to share your login information with other people who did not purchase the services. You will not sell access to the Services or duplicate and sell any of its content without written permission.
B. You also agree and understand that either we or the third-party vendor we licensed the software from can terminate your access to the membership site at any time, in our sole discretion, such as for a violation of these Terms of Conditions.
C. Where applicable, the Services are meant for informational purposes only. The Services are not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information from any of the Services are at your own risk.
D. Your use of Content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute Content, print multiple copies, or use the Content for public display or performance unless otherwise stated.
E. COMPANY requests that you not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked web sites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
F. COMPANY reserves the right to discontinue or modify without notice or liability, any portion of the Services. However, in the rare event that Company decides to discontinue a particular service you have paid for, Company will either fulfill the services for the duration of the term that you paid for, or in Company’s sole discretion, Company will offer you a refund for the services that were not yet rendered.
G. You affirm, represent, and warrant that your participation on the Services and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
I. You agree that any ideas, suggestions, or improvements that you provide to COMPANY about the Services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
7. Third Party Links and Sites
In order to identify third party sites or resources, the Services may make use of third party trademarks, images or branding. Usage of these items does not imply endorsement or certification by the third party. Logos and trademarks displayed within the Services are the property of their respective owners and are used in accordance with existing agreements between COMPANY and the third party or by usage guidelines and policies set forth by the third party.
8. Contacting Us
If you need to contact us for assistance related to your coaching and other services, you can email firstname.lastname@example.org. If you need technical support with the Practice Better site, you can contact them through the ‘Help Center’.
9. Disclaimer of Warranties
User expressly agrees that use of the services is at user’s sole risk. Neither company, its parents, affiliates, employees, agents, service providers, third party information providers, licensors or the like, warrant that the services will be uninterrupted, secure or error free; nor do they make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy, reliability, security or content of any information or service contained in or provided through the services.
The services, all content and information provided therein, and all downloadable software is provided on an “as is,” “as available” basis without warranties of any kind, and all such warranties, whether oral or written, express or implied, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose are hereby disclaimed and expressly negated. No oral advice or written information given by company, any of its parents, affiliates, employees, contractors, agents or any service providers, third party information providers, licensors or the like, shall create a warranty; nor shall user rely on any such information or advice. User hereby acknowledges that company is not responsible for any intercepted information sent via the internet, and user releases company from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
10. Limitation of Liability
Under no circumstances, including negligence, shall company, its parents, affiliates, employees, agents or any third party information provider, service providers, licensor, or anyone else involved in creating, producing or distributing the services, be liable for any direct, indirect, incidental, exemplary, economic, punitive, lost profit, special or consequential damages or for any damages that result from or are related to the use of or inability to use the services; or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft or destruction.
11. Use of Apps
These Terms and Conditions apply to COMPANY’s apps and affiliated apps as well. Use of COMPANY’s apps and affiliated apps is also at your own risk. They are provided as a service to our members and guests, and COMPANY disclaims any and all responsibility for them. In order to use the apps, you must agree to the terms and conditions for use separately. COMPANY does not screen any users, so please use good judgment and common sense in deciding whom to meet or trust with your personal information. COMPANY does not provide contact details to other members through any of our apps and instead routes all messages through us. If at any time you wish to stop receiving messages from another member through a service such as Facebook, you can “block” them. You can also report threats, abuse or any other inappropriate conduct by contacting us using one of the methods listed in the Contacting Us section herein.
You agree to indemnify, defend and hold harmless, COMPANY, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third party providers of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions. COMPANY reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification, in which event you will fully cooperate with COMPANY in asserting any available defences.
13. Opt Out of Receiving Further Web Based Marketing
14. Severability and Integration
These Terms and Conditions are not intended to alter the terms or conditions of any other agreement you may have with COMPANY or its affiliates, parents, service providers or business associates to the extent that those agreements govern issues other than your use of the Services.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to these Services and supersedes all prior or contemporaneous communications between you and COMPANY with respect to the Services. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario. You hereby consent to binding arbitration in the Province of Ontario to resolve any disputes arising under this Terms and Conditions.
16. Arbitration of Disputes
Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of the Services or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Toronto, Ontario. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Ontario. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the Canadian Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
Notice: by using this web site or the services offered hereunder, you are agreeing to have any dispute arising out of the matters included in this “arbitration of disputes” provision decided by neutral arbitration and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. You are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the “arbitration of disputes” provision. If you refuse to submit to arbitration after agreeing to this provision you may be compelled to arbitrate anyhow pursuant to a court order. Your agreement to this arbitration provision is voluntary. If you do not wish to agree to arbitration, then you may not use this web site or the services offered through this web site.
17. Class action waiver
Arbitration or any other legal action arising in connection with the use of this web site, the services offered through this web site, or these terms and conditions must be on an individual basis. This means neither you nor company may join or consolidate claims by or against other customers, or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
18. Attorneys’ Fees
In any dispute, action, proceeding, or arbitration regarding the use of the Services or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
WHAT IS CONSIDERED PERSONAL INFORMATION?
Personal information refers to information such as your name, address, email address, geographic location, purchase history, gender, credit card information and browsing habits on our site.
WHAT INFORMATION DO WE COLLECT?
We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
We also collect information about gift recipients so that we can fulfill the gift purchase.
WE MAY PROCESS THE FOLLOWING CATEGORIES OF PERSONAL DATA ABOUT YOU:
- Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
- Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
- User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
- Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
- Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as sales offers, affiliate offers, free contests with give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
- We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.
You can ask us or third parties to stop sending you marketing messages at any time simply by unsubscribing from emails via the unsubscribe button which can be found at the bottom of each email or by sending email@example.com an email with your request to stop receiving emails.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURE OF YOUR PERSONAL DATA:
We may have to share your personal data with the parties set out below:
- Service providers who provide IT and system administration services.
- Professional advisers including lawyers, bankers, auditors and insurers.
- Government bodies that require us to report processing activities.
- 3rd party technology platforms and advertisers that support the running and growth of The Nourish Company.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
HOW DO WE USE YOUR INFORMATION?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests. To quickly process your transactions.
- To administer a contest, promotion, survey or other site feature.
- If you have opted-in to receive our email newsletter, free challenges, or a free ebook, we will send you educational and marketing emails.
- If you would no longer like to receive promotional email from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below.
- If you have not opted-in to receive email newsletters, you will not receive these emails.
- Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our email list and receive e-mail communications from us.
We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.
We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they stop being customers.
In some circumstances we may anonymous your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
As you browse Nourished: The Weight Loss System for Busy Moms, advertising cookies will be placed on your computer so that we can understand what you are interested in. Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. To opt out of cookies, find and select the settings tab of your internet browser and click “block third party cookies and site data” or de-select the “accept cookies” box.
ORDERING PRODUCTS ON OUR SITE
We will request information from you on our order forms for purchase of products. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
HOW DO WE PROTECT VISITOR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
DO WE DISCLOSE THE INFORMATION WE COLLECT TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. It does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
HOW CAN YOU OPT-OUT, REMOVE OR MODIFY INFORMATION YOU HAVE PROVIDED TO US?
To modify your email subscriptions, you can find an unsubscribe link at the bottom of each email. Please note that due to email production schedules you may receive any emails already in production. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
THIRD PARTY LINKS
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
YOUR ACCESS TO AND CONTROL OVER INFORMATION
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
CHANGES TO OUR POLICY
QUESTIONS AND FEEDBACK
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue via email at: firstname.lastname@example.org.
I am not a doctor. The information I provide is based on my personal experience, studies of Fitness Nutrition (ISSA) and my experience as a Fitness Nutritionist. Any recommendations I may make about nutrition, supplements or lifestyle, or information provided to you in person or on this website or through the, Practice Better or MyFitnessPal platforms should be discussed between you and your doctor and should not be taken as Medical Nutrition Therapy.
The information contained on this platform, http://www.thenourishcompany.ca website, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as wellness and weight loss/management tools for your own use. While I draw on my prior professional expertise and background in many areas, you acknowledge that I am supporting you exclusively as a fitness nutrition and lifestyle coach only.
I provide information concerning, but not limited to: General nutrition suggestions; calorie management strategies; good food selection strategies; good food timing strategies; supplement suggestions; and healthy lifestyle choices.
I aim to accurately represent the information provided on this website, The Nourish Company website, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using my website or in any of my other e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
CLIENT ASSUMPTION OF RISK
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, agent or employee affiliated with us engaged in rendering service or carrying out an assessment or educational sessions in any location, including but not limited to, a private home or business.
We are not liable for any act or omission by any of our agents or employees that may transpire during a home visit or assessment, and you accept full responsibility for any risk or damage that might occur during a home visit or assessment.
In the event that you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.
Every effort is made to ensure the accuracy of published information on or through this website, the The Nourish Company website, e-mails, programs, services and products; however, the information may inadvertently contain inaccuracies or typographical errors.
We are not responsible for the views, opinions, or accuracy of facts referenced in this website, the The Nourish Company website, blogs, e-mails, programs, services, and products. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of nutrition, health and wellness research is constantly evolving, we cannot be held responsible for the accuracy of our content.