IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
H.N.H. Holistic Nutrition Hub Ltd (the “Company”) operates the www.holisticnutritionhub.ca website (the “Site”). This Agreement governs your use of the Site, and is subject to change by H.N.H. Holistic Nutrition Hub Ltd in its sole discretion at any time, with or without notice. Your continued use of the Site after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
H.N.H. Holistic Nutrition Hub Ltd may offer additional services or revise any of the services or pricing, at its discretion, and this Agreement will apply to all additional services or revised services. H.N.H. Holistic Nutrition Hub Ltd also reserves the right to cease offering any of the Services.
1.1 Creation of Your Account. In order to access the Services you must create an Account and will be required to provide information, including but not limited to your name and email address.
1.2 Refusal of Account Creation or Services. H.N.H. Holistic Nutrition Hub Ltd reserves the right to refuse to permit the opening of an account, or the provision of service, to anyone at any time for any reason.
1.3 Accuracy of Information. You agree to provide (a) true, accurate, current and complete information as prompted by the Website’s registration form (the “Data”); and (b) maintain and promptly update the Data to keep it true, accurate, current and complete. If you provide any Data that is (or which H.N.H. Holistic Nutrition Hub Ltd has reasonable grounds to suspect is) untrue, inaccurate, not current or incomplete, H.N.H. Holistic Nutrition Hub Ltd has the right to suspend or terminate your account and refuse any and all current or future use of our services, the Website, or any portion thereof.
1.4 Sole Responsibility. You are solely and fully responsible for maintaining the confidentiality of your username and password. You agree to immediately notify H.N.H. Holistic Nutrition Hub Ltd of any unauthorized use of your username and password or any other breach of security of you User Profile.
1.5 Age of Majority. By registering an account, you represent and warrant that you are at least 18 years of age or the age of majority and legal consent in the jurisdiction in which you reside. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
1.6 Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that H.N.H. Holistic Nutrition Hub Ltd is not responsible for third party access to your account that results from theft or misappropriation of your username(s), password(s), or other data provided.
2. Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
2.1 Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, submit, or otherwise make available (“post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
2.2 Risk Assumption and Precautions. YOU HEREBY ACKNOWLEDGE THAT YOU, NOT H.N.H. Holistic Nutrition Hub Ltd, ARE PERSONALLY RESPONSIBLE FOR THE CONTENT, DELIVERY, AND RECEPTION OF ANY AND ALL INFORMATION PROVIDED BY YOU AND TO YOU THROUGH THE WEBSITE. “INFORMATION” INCLUDES BUT IS NOT LIMITED TO CONSULTING QUESTIONNAIRES AND FORMS, ASSESSMENT TOOLS, COACHING, DOWNLOADABLE CHECKLISTS, BLOG POSTS AND THE SUBMISSION OF EVENTS. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT CHANGING ONE’S EATING HABITS OR THE BEGINNING, ALTERATION, OR CESSATION OF AN EXERCISE PROGRAM IS AN INHERENTLY DANGEROUS ACTIVITY AND CARRIES WITH IT THE POTENTIAL FOR DEATH, SERIOUS HEALTH ISSUES, AND LONG-TERM SICKNESS. YOU UNDERSTAND AND AGREE THAT YOU ASSUME ANY AND ALL LIABILITY RELATED TO THE PROVISION OF INFORMATION TO BOTH REGISTERED AND NONE-REGISTERED USERS THROUGH THE SITE. YOU ARE RESPONSIBLE FOR ASSURING THAT ANYTHING YOU ASK OR RECOMMEND TO A REGISTERED OR NONE-REGISTERED USER IS SAFE AND APPROPRIATE FOR THAT USER. YOU ARE RESPONSIBLE FOR REVIEWING ANY QUESTIONNAIRE, FORM, ASSESSMENT TOOL, INSTRUCTIONS, OR OTHER CONTENT AND DOCUMENTS PROVIDED BY H.N.H. Holistic Nutrition Hub Ltd BEFORE MAKING IT AVAILABLE TO A CLIENT/USER TO ENSURE IT IS CORRECT, SAFE AND SUITABLE.
2.3 Reporting of Violations. You will promptly report to H.N.H. Holistic Nutrition Hub Ltd any violation of the Agreement by others, including but not limited to Registered Users.
2.4 Content Removal. H.N.H. Holistic Nutrition Hub Ltd reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public or private areas of the Services. H.N.H. Holistic Nutrition Hub Ltd has the right to remove any such information or material that in its sole opinion violates or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
2.5 Posting and Communication Restrictions. You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
2.5.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.5.2 is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
2.5.3 is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
2.5.4 contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
2.5.5 contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
2.5.6 promotes or enables illegal or unlawful activities, such as violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
2.5.7 intended to defraud, swindle or deceive other users of the Services;
2.5.8 contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
2.5.9 promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
2.5.10 disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
2.5.11 is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
2.5.12 impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
2.5.13 solicits gambling or engages in any gambling or similar activity;
2.5.14 uses scripts, bots or other automated technology to access the Site or Services;
2.5.15 uses the Site or Services for chain letters, junk mail or spam e-mails;
2.5.16 collects or solicits personal information about anyone under 18; or
2.5.17 is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
2.6 No False Information. You will not provide inaccurate, misleading or false information to H.N.H. Holistic Nutrition Hub Ltd or to any other user. If information provided to H.N.H. Holistic Nutrition Hub Ltd or another user subsequently becomes inaccurate, misleading or false, you will promptly notify H.N.H. Holistic Nutrition Hub Ltd of such change.
2.7 No Advertising or Commercial Solicitation. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to H.N.H. Holistic Nutrition Hub Ltd, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay H.N.H. Holistic Nutrition Hub Ltd CAD $50 for each such unsolicited communication you send through the Services.
2.8 No Harassment of H.N.H. Holistic Nutrition Hub Ltd Employees or Agents. You will not harass, annoy, intimidate or threaten any H.N.H. Holistic Nutrition Hub Ltd employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights
3.1 Ownership of Proprietary Information. You hereby acknowledge and agree that H.N.H. Holistic Nutrition Hub Ltd is the owner of highly valuable proprietary information, including without limitation, its consulting questionnaires/forms, assessment tools, business documents, marketing sheets, written content, and videos. H.N.H. Holistic Nutrition Hub Ltd owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
3.2 No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
3.3 Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any H.N.H. Holistic Nutrition Hub Ltd or third party proprietary information available via the Services or the Site.
3.4 License to Posted Content. By posting information or content to any pages or area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to H.N.H. Holistic Nutrition Hub Ltd and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information
4.1 Privacy Statement. For information about the collection and possible use of information and material provided by you, please see H.N.H. Holistic Nutrition Hub Ltd’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of the Privacy Statement.
4.2 Disclosure By Law. You acknowledge and agree that H.N.H. Holistic Nutrition Hub Ltd may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend H.N.H. Holistic Nutrition Hub Ltd’s, or a third party’s rights or property; or (3) protect someone’s health or safety; or (4) collect a debt or protect H.N.H. Holistic Nutrition Hub Ltd or another from fraud.
4.3 Use of Anonymous Information for Research. By using the Services, you agree to allow H.N.H. Holistic Nutrition Hub Ltd to anonymously use the information from you and your experiences through the Services to continue H.N.H. Holistic Nutrition Hub Ltd’s research into successful nutrition and consulting programs and to improve the Services. This research, conducted by wellness professionals and healthcare research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
4.4 Dissemination of Personal Information. While we strive to use commercially acceptable means to protect your personal information, you acknowledge and agree that no method of transmission over the Internet, or method of electronic storage is 100% secure. H.N.H. Holistic Nutrition Hub Ltd makes no guarantee as to the absolute security of your personal information. H.N.H. Holistic Nutrition Hub Ltd is not responsible for charges, damages, liabilities or losses incurred or suffered as a result of the dissemination of your personal information.
5. Content Sold Using H.N.H. Holistic Nutrition Hub Ltd
5.1 You acknowledge that you are entirely responsible for the content, quality, and suitability of any content you sell via H.N.H. Holistic Nutrition Hub Ltd.
5.2 You agree not to attempt to sell any content that does not fit the sales description you have provided or are in any other way not fit for purpose or do not meet the expectations of the customer.
5.3 H.N.H. Holistic Nutrition Hub Ltd reserves the right to refund any Registered User for any content you sell at any time for any reason or no reason and to charge you the full amount of that refund.
6. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
6.1 The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of H.N.H. Holistic Nutrition Hub Ltd. H.N.H. Holistic Nutrition Hub Ltd is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. H.N.H. Holistic Nutrition Hub Ltd provides these links to you only as a convenience, and the inclusion of any link does not imply that H.N.H. Holistic Nutrition Hub Ltd endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that H.N.H. Holistic Nutrition Hub Ltd will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to H.N.H. Holistic Nutrition Hub Ltd with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.
7. Non-Endorsement of Individuals or Events
7.1 Non-endorsement of Individuals. H.N.H. Holistic Nutrition Hub Ltd does not endorse any individual or service. You are responsible for determining and confirming the identity and suitability of the individuals interacted with as a result of your use, or use by any third party, of the Site or Services. H.N.H. Holistic Nutrition Hub Ltd does not attempt to confirm and does not confirm any Individual’s purported identity. H.N.H. Holistic Nutrition Hub Ltd is not your agent or the agent of any individual. H.N.H. Holistic Nutrition Hub Ltd is not responsible for any damage or harm resulting from your interactions, or those of anyone else, with other Users of the Site or Services.
7.2 Non-endorsement of events. H.N.H. Holistic Nutrition Hub Ltd does not endorse any events and you are responsible for determining the suitability and safety of events encountered as a result of your use, or use by any third party, of the Site or Services. H.N.H. Holistic Nutrition Hub Ltd is not responsible for any damage or harm resulting from your participation in an event encountered as a result of your use, or use by any third party, of the Site or Services.
8. Disclaimer of Warranty
8.1 No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. H.N.H. Holistic Nutrition Hub Ltd PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. H.N.H. Holistic Nutrition Hub Ltd DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. H.N.H. Holistic Nutrition Hub Ltd DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
8.2 Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by H.N.H. Holistic Nutrition Hub Ltd, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. H.N.H. Holistic Nutrition Hub Ltd DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN H.N.H. Holistic Nutrition Hub Ltd. UNDER NO CIRCUMSTANCES WILL H.N.H. Holistic Nutrition Hub Ltd BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, THE SITE, OR TRANSMITTED TO OR BY ANY USERS.
8.3 Beta Features. From time to time, H.N.H. Holistic Nutrition Hub Ltd may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at H.N.H. Holistic Nutrition Hub Ltd’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
9. Limitation of Liability and Indemnification
9.1 In no event will H.N.H. Holistic Nutrition Hub Ltd be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if H.N.H. Holistic Nutrition Hub Ltd knows or has been advised of the possibility of such damages. In consideration of this agreement, you agree to indemnify, defend and hold harmless H.N.H. Holistic Nutrition Hub Ltd, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (1) your use of or inability to use the site or services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses; (2) any user postings made by you; (3) your violation of any terms of this agreement or your violation of any rights of a third party; or (4) your violation of any applicable laws, rules or regulations. H.N.H. Holistic Nutrition Hub Ltd reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with H.N.H. Holistic Nutrition Hub Ltd in asserting any available defenses. This agreement shall be binding upon your heirs, assignees, successors and personal representatives. You hereby further state that you currently suffer from no physical or mental condition that would impair your ability to fully participate in this agreement.
10. Communication and Privacy
10.1 We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
11. Term and Termination
11.1 This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or H.N.H. Holistic Nutrition Hub Ltd may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. H.N.H. Holistic Nutrition Hub Ltd reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to H.N.H. Holistic Nutrition Hub Ltd by you will be nonrefundable and all outstanding or pending payments will immediately be due.
12.1 In order to provide continuous service, H.N.H. Holistic Nutrition Hub Ltd automatically renews all paid memberships for Services before such memberships expire. Such renewals are generally for the same duration as the original membership term. For example, a 1-month membership will renew on a monthly basis, a 12-month membership will renew on a 12-month basis, and so on. In addition, H.N.H. Holistic Nutrition Hub Ltd sometimes offers special promotions that have renewal periods of different duration than the original membership term. H.N.H. Holistic Nutrition Hub Ltd always communicates renewal periods to you upon confirmation of your membership and in the body of any special promotions that have renewal periods of different duration than the original membership term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals.
12.2 Any extra usage charges (E.g., the use of extra features or courses) will be added to your subscription charges according to your usage. You agree that you understand what these charges may be and that you are solely responsible for your usage and that H.N.H. Holistic Nutrition Hub Ltd has no requirement or responsibility to notify you of any events that may affect the usage charges added to your subscription or account.
13.1 Refunds will be given at the sole discretion of H.N.H. Holistic Nutrition Hub Ltd.
14. Client’s information
14.1 You confirm that you have been given permission from any clients or other third parties to give us any information concerning them before you do so.
14.2 You are responsible for ensuring your clients read and accept our terms and privacy statement before they use the site.
14.3 You are responsible for any and all information provided or submitted to you by your client through the Site and/or Services.
14.4 You are responsible for any and all information that you provide, submit, or send to your client through the Site and/or Services.
15. General Provisions
15.1 Entire Agreement. These Terms of Service, including all referenced and/or incorporated exhibits, policies, programs and guidelines, constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Site and Services and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service.
15.2 Modification of The Agreement. H.N.H Holistic Nutrition Hub Ltd reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced and/or incorporated exhibits, policies, program, and guidelines. H.N.H Holistic Nutrition Hub Ltd will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Services are unacceptable to you or cause you to no longer be in compliance with these Terms of Services, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to these Terms of Services constitutes your complete and irrevocable acceptance of any and all such changes.
15.3 Assignment of Terms. H.N.H Holistic Nutrition Hub Ltd may assign these Terms of Service or any other agreement with you in whole or part at any time.
15.4 Jurisdiction. These Terms of Service and the relationship between you and the Company shall be governed by the laws of the Province of British Columbia and the Country of Canada.
15.5 No Waiver. Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
15.6 Severability. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
15.7 Dispute Resolution. All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Agreement and the Terms of Service (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator pursuant to the Arbitration Act, R.S.B.C. 1996, c. 55.
16. Revision Date
This Agreement was last revised on 24 October 2017.