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The following Terms of Use are entered into by and between You and Hello Nutrition (“Company”, “we”, or “us”).
The following terms and conditions, including any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of hellonutrition.ca including any content, functionality and services offered on or within hellonutrition.ca (the “Website”), whether you are a guest or a registered user.
Please read the Terms of Use carefully prior to you starting to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you consent and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered and available to people who are 18 years of age or older. By using this Website, you agree you are of legal age to form a binding contract with the Company. You agree that you are able to fulfill all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF USE
At our sole discretion, we may revise and update these Terms of Use as we see fit. The current Terms of Use will go into effect immediately once posted, and apply to all who access and use the Website thereafter. Should you continue to use the Website following the posting of revised Terms of Use, implies that you accept and agree to the changes. It is our expectation that you will check this page regularly so that you are fully aware of any updates, as they are binding to you.
PRIVACY
Your use of the Website is also dependent on the Company’s Privacy Policy. It is your duty to review the Privacy Policy, which also governs the Website and notifies users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
DISCLAIMER
Your use of the Website is also dependent on the Company’s Disclaimer. It is your duty to also reveiw our Disclaimer, which governs the Website and tells users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to make adjustments to the Website or withdraw its material or this website, in its entirety at our sole discretion and without notice.
You agree that all information you provide to the Website is correct, accurate and up to date.
If you are provided any security procedures, including but not limited to, a username or password, you must treat this information as confidential. It must not be disclosed to any other person or entity. You agree that this information is personal and access is granted for you, and must not be shared. You agree that if there is a breech of security, or unauthorized access to your username or password, you must notify us immediately. You agree to log out of each session at the end of each session.
We reserve the right to disable any usernames, passwords or other identifiers, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any part of these Terms of Use.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
By using and accessing the information provided on the Website, you agree to warrant to the Company that you will not use any part of this Website or resources for any purpose that is unlawful or prohibited by these Terms. You may not obtain any material or information that was not intentionally made available to you.
All content on the Website and resources, including graphics, logos and images are property of the Company.
You do not have permission to use, modify, publish, sell or create a derivative work, whole or in part of anything on the Website.
The content provided to you is for your personal and individual use only. Any other use requires written permission from the Company.
You agree to understanding that you do not have any ownership rights to any content, as it is all intellectual property of the Company.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As detailed more fully in the Disclaimer, all information on this Website and any resources available for download through this Website are for educational and informational purposes only. The information available on the Website or any resources provided for download are not intended as legal, financial, medical, health or any other type of professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
Our best effort has been put forth to ensure that the information provided on this Website and the resources available are accurate, but no guarantee is in place to ensure this. The Company, owners, and employees will not be held liable or responsible for any errors on the Website or any damages you may endure. It is your responsibility to seek professional assistance from individuals who understand your personal situation.
You agree to taking full responsibility for any harm or damages you may endure, as a result of using this Website or the resources available for download from this Website. You will do your due diligence before implementing any advice provided through this Website or its resources.
NO GUARANTEES AS TO RESULTS
You agree that the Company does not guarantee that you will obtain results, whether recommended by this Website, the Company or its employees. The Company provides educational material and resources with the sole intention of helping others. You understand that your ultimate success or similar success is beyond the control of the Company and the Company cannot be held liable if you are not successful.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
By being on the Website or by sending emails to the Company, you acknowledge that any emails or electronic communication does not create a business or contractual relationship. As outlined in the Privacy Policy, we take reasonable measures to ensure that all communications remain confidential, but security breaches can occur. By communicating with the Company, you are aware of the risks and are choosing to proceed and thereby will not hold the Company liable for any damages that may occur.
USE OF COMMUNICATION SERVICES
The Company may utilize chat areas, groups, forums, web pages, comment sections, and communities to encourage you to communicate with a group or the public. You agree to utilize the communication methods in a manner that they were intended. You will not misuse the communication methods with profanity, advertisements, harass, stalk, threaten or otherwise make others feel uncomfortable. You are not to upload files that break legal rights, contain malware, viruses or corrupted files. The Company reserves the right to forfeit your ability to participate in the communication, without notice, at any time.
The Company has no legal obligation to monitor the communication methods, however, should suspicious activity be detected, the Company can conduct an investigation.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may showcase links to other websites. The Company is not responsible for the contents of any other website that is linked. Any included links does not imply endorsement, but rather are provided as a convenience to the user.
Some services utilized by the Website are delivered by third-party organizations. By using any product or service on the Website, you agree that data may be shared by third party organizations with whom the Company has a contractual agreement and who provide a product on behalf of the Company.
USE OF TEMPLATES AND FORMS
The Company shares various templates and forms, including meal plans and various handouts. The Company allows you permission to utilize these for your own personal use. You understand that you do not have the rights to share, reproduce, or modify the templates and forms.
They are not to be shared or reproduced or modified. . You understand that you do not have rights to modify The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company does allow sale of courses and programs on the Website. The Company grants you licensed permission to utilize the course or program for your own personal use. You do not have permission to modify the content without written permission. You are not to share you access in any manner. You do not have permission to sell or redistribute any course or program created by the Company, partially or fully.
By participating in the course or program, you acknowledge you do not have permission to create any derivative material or create any competing products based upon any information provided by the Company.
USE OF FREE DOWNLOADABLE CONTENT
By providing an e-mail address, users may access the resources provided by the Company on this website. By providing your email address, you are granted a limited, personal, non exclusive, non-transferable license to use our resources (the “Free Content”) for your own personal or internal business use by the Company. You consent that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Free Content in any manner unless otherwise provided.
You agree that by downloading the Free Content that the downloaded content may only be used for your personal use and cannot be sold or redistributed without the express written consent of the Company.
You further agree that by downloading the Free Content, you will not create any derivative work based upon the Free Content and will not offer any competing products or services based on any of the information contained in the Free Content.
GUESTS
On occasion the Company may provide information from a third party in the form of a podcast guest interview, interview on other various platforms, guest blog posts, or other medium. There is no control by the Company about the information that is provided by such third-party guests and is not responsible for investigating the truth and validity of any information provided and cannot guarantee the accuracy of any statements made by such guests.
Those individuals who agree to appear as guests on any podcasts by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
CANCELLATION / REFUND POLICIES
For Surviving to Thriving Nutrition Coaching Program
The Company has done its best to create a coaching program that supports you to be successful. Due to the nature of this program, being a service based program, there are no refunds.
If you’d like to reschedule your meeting, you are required to message Anisha Gupta (hereby known as “the Coach”) in writing (via email anisha@hellonutrition.ca or direct message in Better) that you would like to reschedule a meeting. Any scheduled meetings, which are canceled less than 24 hours in advance are subject to dismissal and are rescheduled upon the Coach’s discretion. Legally, the Company is not able to provide you with a receipt for missed sessions. The Company and Coach are not required to reschedule the session. The Coach will make every effort to notify clients as soon as possible if a scheduled meeting needs to be moved, but the Coach does not need to adhere to time restrictions.
For Master Diabetes as a South Asian:
The Company always wants you to be satisfied with your purchase but we also want you to give your best effort to apply all the strategies in the program(s). You must show that you have attempted to implement the program without success. This requirement is to be met by you, the individual. You must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund for in order to be eligible for the refund.
Master Diabetes as a South Asian: Please click here to review the program terms and conditions.
The Company will promptly issue an instruction to its payment processor to issue a refund once determined that you are entitled to a cancellation/refund pursuant to this policy. The Company will not be able to expedite any refunds.
Any refunds received of any purchases through the terms and conditions, that will immediately terminate any and all licenses that have been granted for you to use the material provided to you under these Terms of Use or any other agreement. You will immediately stop using the material and shall destroy all copies of any information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
NO WARRANTIES
The Company makes no assurance regarding the performance or operation of this website. The Company further makes no representations or assurance of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. The Company negates all assurances, express or implied.
LIMITATION OF LIABILITY
You and any person or entity associated with may agree to acquit the Company of any liability or loss you may suffer or encounter as a result of use of the information contained on the website and/or the resources you may download from the website. You agree that the company will not be liable to you for any type of damages including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of
Any of the information, software, products and services included or available through the website may include typographical errors or inaccuracies. Changes are periodically added to the information. Changes and/or improvements to the website may occur at any time by the Company and/or suppliers.
The Company and/or its suppliers make no depiction about the availability, reliability, suitability and accuracy of the information, software, products, services and related graphics on the website for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind to the maximum extent permitted by applicable law. All warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement are hereby disclaimed by all warranties by the Company and/or its suppliers.
The Company and its suppliers are not to be held liable, to the maximum extent, for any direct or indirect damages whatsoever, without limitations, including failure to provide services. If you are unhappy with any part of the website, or these terms of use, you are advised to discontinue use of this website.
ARBITRATION
Any claims you may have, now or in the future, stemming out of or relating to this website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services are hereby waived by you.
To the extent that you try to declare any such claim, you hereby agree to present such claim only through binding arbitration to occur in Toronto, Ontario, Canada. You further agree to waive any right to class arbitration and agree, instead, to conduct an arbitration related strictly to any individuals claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you are responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL USERS
Services are controlled, operated and administered by the Company from our office in Ontario, Canada. Any access to the services that occur from a location outside the province of Ontario, you are responsible for compliances with all local and provincial laws. You agree that Company content accessed through the website will not be used by you in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree not to hold the Company and its employees accountable for any losses, costs, expenses or liabilities (including fees for attorneys) due to your inability to use the services, programs or the Website. The Company reserves the right to seek its own legal counsel and control the situation with any indemnification pursuit from you. You agree to cooperate with the Company in its defense.
TERMINATION AND ACCESS RESTRICTION
The Company has the right, in its exclusive discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice. You hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above to the maximum extent permitted by law. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
ENTIRE AGREEMENT
Unless otherwise specified, this agreement, along with the Privacy Policy and Disclaimer, establishes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or synchronous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the WebsiteX
CHANGES TO TERMS
The Company has the right, in its own discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
Should you have questions or comments regarding the terms:
Hello Nutrition
8-6033 Shawson Drive,
Mississauga, Ontario
L5T 1H8
Email: anisha@hellonutrition.ca
Last Updated: January 4, 2023
