Website Terms & Conditions

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Please read these Terms & Conditions carefully and in their entirety before using holistico.ca (hereinafter referred to as the “Website” or “Site”). The Site and its content are owned by Holistico Inc.

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PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

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1. Definitions:

“Company”, “We”, “Our”, or “Us” means Holistico Inc. and its website, holistico.ca

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from any personnel acting on behalf of Holistico Inc., and/or holistico.ca and any and all written or downloadable material purchased, viewed, or otherwise offered by Holistico Inc. and/or on holistico.ca including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, videos, templates and materials.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, birthday, etc.

“Site, Programs, Services, and/or Products” means holistico.ca, Content (as defined herein), email list/newsletters, social media posts, blog posts, Programs, coaching services, guides, E-Books, forms, worksheets, workbooks, webinars, website materials, logos, videos and/or templates available on the Site.

“Website” or “Site” means holistico.ca and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

 

2. Acceptance of the Website Terms and Conditions of Use

These Site Terms and Conditions of use for holistico.ca constitute a legal agreement and are entered into by and between you and Holistico Inc. The following Terms and Conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through the website.

By using the website, you accept and agree to be bound and comply with these Terms and Conditions and our Privacy Policy, incorporated herein by reference. if you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or use the website.

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

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3. Site Rules

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

Without limiting the foregoing, you warrant and agree that your use of the Website shall not:

• In any manner violate any applicable federal, provincial, local, or international law or regulation.

• In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.

• Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.

• Transmit, or procure the sending of, any "spam", "junk mail", or advertising or any other similar solicitation.

• Post copyrighted materials, photographs, or content which do not belong to you.

• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights. 

 

4. Disclaimer

By using the Site, you understand that Holistico Inc. provides access to Functional Diagnostic Nutritional Practitioners and Registered Holistic Nutritionists. We are not dietitians, therapists, or licensed medical professionals, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only and is based on our personal experience.

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5. Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

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6. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites, and If you choose to access any such sites, you do so at your own risk. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms and conditions.

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7. Intellectual Property Rights and Ownership:

You understand and agree that the Website and its entire Content, are solely owned by Holistico Inc., its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

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8. Our Limited License to You:

If you view, access, or Purchase the Site, Programs, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Programs, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Programs, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Programs, Services, and/or Products very seriously.

You may not use the Site, Programs, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy or which violate Canada’s intellectual property laws unless authorized by us in writing beforehand.

 

9. Your License to Us:

By commenting on the Site, or submitting documents to Holistico Inc. via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. By providing any submission to the Website, you grant Holistico Inc. the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any submission.

You understand and agree that you, not Holistico Inc., are fully responsible for any submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any submissions submitted by you or any other user of the Website.

 

10. Purchase & Access Terms

During the course of your use, Purchase, and/or Download from the Site, Programs, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

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11. Sharing the Site & Its Content

You must request and receive written permission by email at: katie@holistico.ca before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Holistico Inc. and/or Katie McKersie.

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12. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by Holistico Inc. are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

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13. Payment & Purchase:

When you Purchase or Download one of our Programs, Services, and/or Products from us or the Site, you may pay by Debit or Credit Card. By doing so, you give Holistico Inc. permission to automatically charge your debit or credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

If you elect any membership or subscription, you agree that Holistico Inc. has permission to automatically charge, without checking with you before each instalment transaction is charged, the amount due each month.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Programs, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

 

14. Refund Policy – No Warranties, Guarantees or Representations

We will do everything within our ability (and within reason) to ensure your satisfaction. However, we do not offer any refunds or warranties, of any variety, regarding the Site, Programs, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Programs, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties or refunds of any kind, neither express nor implied, to the extent permitted by law.

Refunds will not be issued for coaching services, coaching packages, E-books, labs, Programs, memberships or subscriptions, or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please send an email to: katie@holistico.ca.

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15. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Holistico Programs, Services, and Products, you agree to release, forgive, and forever discharge Holistico Inc., its subsidiaries, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

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16. Errors & Omissions:

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.

You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date. Your use of the Website is at your own risk and neither Holistico Inc. nor its subsidiaries, agents, contractors, subcontractors, and affiliates have any responsibility or liability whatsoever for your use of this Website.

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17. Governing Law and Choice of Forum:

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

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18. Arbitration Clause:

If you have any complaint or should any issue arise in the use of the Site or Holistico’s Programs, Services, and/or Products, please contact us directly first by emailing the Company at: katie@holistico.ca.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Holistico shall submit your dispute to binding arbitration with the https://canadianarbitrationassociation.ca/ before an arbitrator that is mutually agreed upon, in accordance with the Canadian Arbitration Association’s rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30km of Toronto, ON.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the Province of Ontario. The only award that can be issued to you is a refund of any payment made to Holistico for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

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19. Limitation on Liability:

Holistico Inc., its subsidiaries, agents, contractors, subcontractors, and affiliates are not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Programs, Services, and/or Products.

We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

 

20. Indemnification:

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Holistico Inc., its subsidiaries, agents, contractors, subcontractors, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms & Conditions.

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21. Termination of Your Use:

At our sole discretion, we are permitted to terminate your use or access to the Site, Programs, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy or Disclaimer or any other terms to which you have agreed to. No refunds will be granted.

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22. Entire Agreement:

These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Programs, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Programs, Services, and/or Products.

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23. Severability:

If any term or provision of these Terms & Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms & Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

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24. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

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Contact:

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

• Website: holistico.ca

• Email: katie@holistico.ca