TERMS & CONDITIONS

Accepting these Terms

Please read these Terms of Service ("Terms") carefully before using www.vitaltweaks.ca  (the "Site") or engaging our digital products, programs, and coaching services operated by Vital Tweaks Wellbeing.("Company," "we," "us," or "our").

By accessing or using any content on the Site or engaging our services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site or use our services.

Your use of the Site is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

By purchasing or using any of our Programs, Products, or Services, you agree to abide by these Terms of Use as well as our Refund Policy, and Privacy Policy, and any other terms and conditions that may apply, and are you are required to act in accordance with them.

Accessing, purchasing, or using our Programs, Products, Services, or Program Materials, in any manner constitutes the use of the Program, Products, Services, and Program Materials, and your agreement to be bound by these Terms of Use.

All of our Programs, Products, Services, and Program Materials are intended solely for users who are eighteen (18) years of age or older.

Any registration by, use of, or access to any Program, Product, Service, or Program Materials by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

Services Provided

Vital Tweaks Wellbeing provides digital course and program training and coaching, and related services ("Services"). Our Services may include but are not limited to:

-One-on-one coaching sessions

-Group coaching programs

-Strategic planning assistance

-Service Engagement and Payment Terms

-Service Agreements

All coaching services are provided under separate service agreements that specify the scope, duration, fees, and deliverables. These Terms supplement and are incorporated into all service agreements.

Payment

Payment terms are specified in individual service agreements or digital product fees. Unless otherwise agreed, payment is due in advance of services. Late payments may result in suspension of services and may incur additional fees.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us.

Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a very strict refund policy.

Most of our content is digital and therefore, a lengthy refund policy could result in the theft of our materials.

Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Services, and no refunds will be provided to you.

Once services have been scheduled or commenced, no refunds will be provided regardless of circumstances, including but not limited to:

-Client dissatisfaction with services

-Client's inability to attend scheduled sessions

-Client's change in business circumstances

-Failure to achieve desired outcomes

-Cancellation of services by client

-Client Responsibilities and Expectations

-Client Commitment

If you are unhappy with your purchase, we welcome your feedback by email at [email protected] .

Your Conduct

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way.

You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only.

You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

-for fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

-to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening,

objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others

-to send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or

similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters,

mass mailings, or any spam, whether intended or not

-to cause annoyance, inconvenience, or needless anxiety

-to impersonate any third party or otherwise mislead as to the origin of your contributions

-to reproduce, duplicate, copy or resell any part of our Programs, Products, Services, or Program Materials in a way that is not in compliance

with these Terms of Use or any other agreement with us.

Success in coaching and in training of any kind requires active participation and commitment from the client.

You acknowledge that:

-Results depend on your effort, commitment, and implementation of recommendations

-We cannot guarantee specific business outcomes or results

-Your success is ultimately your responsibility

Confidentiality and Information Sharing

You agree to provide accurate and complete information necessary for the provision of services.

You are responsible for the accuracy of all information provided to us.

Professional Disclaimers

No Guarantee of Results

While we strive to provide valuable guidance and support, we make no guarantees regarding:

-Specific outcomes or personal results

-Achievement of particular goals or objectives

-Success of strategies or recommendations implemented

-Timeline for achieving any results

-Professional Advice Limitation

Our services constitute wellbeing, self care and self leadership training and coaching advice only.

We do not provide:

-Medical or specific diagnostic advice

-Legal advice (consult with an attorney for legal matters)

-Financial or investment advice (consult with a financial advisor)

-Tax advice (consult with a tax professional)

Disclaimer

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other Program, Product, Service, or Program Materials participant or user, including you.

Medical Disclaimer.

Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered healthcare professional.

Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider, or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.

Warranties Disclaimer.

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS.

YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS, WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

Technology Disclaimer.

We try to ensure that the availability and delivery of our Programs, Products, Services, and Program Materials are uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, google or other handouts, e-books, or any other materials provided by us to you.

However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services, or Program Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, an overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Errors and Omissions.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Release of Claims.

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Programs, Products, Services, or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties

Independent Contractor Relationship

The relationship between Company and client is that of independent contractors. No partnership, joint venture, or employment relationship is created.

Intellectual Property (Company IP)

All methodologies, frameworks, tools, materials, and content provided by Company remain our exclusive intellectual property. You are granted a limited, non-exclusive license to use such materials solely for your personal purposes.

Client Materials

Any materials, information, or content you provide remains your property, though you grant us license to use such materials as necessary to provide our services.

Cancellation and Rescheduling

Client Cancellations

-Cancellations made less than 24 hours before scheduled sessions may result in forfeiture of that session

-Rescheduling requests should be made at least 24 hours in advance when possible

-Repeated cancellations or no-shows may result in termination of services

Company Cancellations

We reserve the right to cancel or reschedule sessions with reasonable notice when necessary.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

-Your use of our services

-Your implementation of recommendations or strategies

-Your personal or decisions

-Any breach of these Terms

Purchase and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product, or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product, or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual, or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours.

We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly

.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Privacy and Confidentiality

Your use of the Site and services is subject to our Privacy Policy. We maintain confidentiality of client information and expect the same regarding our proprietary methods and materials.

Communication and Electronic Records

By engaging our services, you consent to electronic communications and agree that all communications, agreements, and notices provided electronically satisfy legal requirements for written communications.

Links to Third Party Sites

The Site may link to other websites ("Linked Sites"). These Linked Sites are not under the control of the Company. Company is not responsible for the contents of any Linked Sites. The Company provides these links as a convenience to you. The links do not constitute endorsement by the Company of the site or any association with its operators.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration administered by the ADR Institute of Canada under its Commercial Arbitration Rules. The arbitration shall take place in Alberta, Canada. Prior to seeking arbitration, you must send an email to us at [email protected] and include all of your reasons for dissatisfaction with your Program, Product, or Service.

You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products, or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Edmonton, Alberta, Canada, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Termination

You have the right to terminate your use of or participation in our Programs, Products, or Services at any time by sending an email to [email protected]

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an email to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, the release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Confidentiality obligations survive termination

Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and services at any time without notice.

International Clients

Vital Tweaks Wellbeing is owned and operated in Alberta, Canada. If you access the Site or services from outside of Canada, you are responsible for compliance with your local laws.

General Provisions

Governing Law

These Terms are governed by the laws of Alberta, Canada, without regard to conflict of law principles.

Consumer Protection

These Terms are subject to applicable consumer protection laws in Alberta. Where consumer protection laws provide greater rights than these Terms, such laws shall prevail to the extent of any inconsistency.

Severability

If any provisions of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other provisions which shall be given full force and effect.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, any service agreements and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Modifications

The Company reserves the right to modify these Terms at any time. Continued use of services after modifications constitutes acceptance of the updated Terms.

Force Majeure

The Company is not liable for any failure to perform obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or other unforeseeable events.

Contact Information

For questions about these Terms or our services, please contact us at:

Vital Tweaks Wellbeing,

Email: [email protected]