TERMS & CONDITIONS.
1. INTRODUCTION
The "Terms and Conditions of Use" (the "Terms") outline the rules for using this website (the "Website" or "Site"). Whenever the Terms refer to the Site, they are referring to www.livithealthandnutrition.ca and all its associated web pages. It's important to carefully read and understand these Terms before using the Site. By accessing or using the Site, or by indicating your consent, you agree to follow these Terms and any other referenced documents. If you do not agree with or accept any of these Terms, please stop using the Site immediately. If you have any questions about the website, feel free to contact livitinfo23@gmail.com.
2. DEFINITIONS
These terms of use contain the following definitions: (a) "Content" refers to any multimedia content, software, or other material submitted to, available on, or accessible from the Site, including text, images, video, and audio. (b) "We," "Us," or "Our" refer to LIVIT Health & Nutrition Counselling ("LIVIT"), its Registered Health & Nutrition Counsellors, and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns, and guests. (c) "You" or "Your" refer to anyone accessing or using the Site or its content, including any individuals or entities represented by such persons. (d) "Service" refers to any activities associated with LIVIT, including online course programming and in-person or virtual nutrition counselling.
3. ACCEPTANCE
When you access or use this Site, or indicate your consent to do so, you agree to follow these Terms and Conditions and any referenced documents. You also confirm that any information you provide to LIVIT, its representatives, or agents is complete and accurate to the best of your knowledge. If you do not accept or agree with any of the terms and conditions outlined here, you must stop using this site immediately. If you have any questions about this site, please contact us at livitinfo23@gmail.com.
4. MODIFICATIONS
LIVIT reserves the right to revise these Terms and Conditions at any time, and without any prior notice or liability to you or any other person, by updating the posting on the Site. It is recommended that you visit this page regularly to stay informed of any changes or updates, as these Terms and Conditions are binding upon you. If you continue to use this site after any amendments have been made, you will be considered to have agreed to the revised Terms and Conditions.
5. PRIVACY STATEMENT
When you use the Site and/or Service, you may provide certain information about yourself to LIVIT. LIVIT handles the collection, use, storage, and disclosure of information related to your use of the Site and your Personal Information according to our Privacy Policy, which is available at www.livithealthandnutrition.ca/privacy-policy, and incorporated into these Terms and Conditions. The term Personal Information is defined in the Privacy Policy.
We may use the information you supply, including sensitive personal data, to provide you with information that may be relevant to your interests. This includes processing and storing information and using third parties as part of the online booking process. We may also collect and aggregate data to better understand our users and provide a better service. We may share this aggregated information with selected third parties, without revealing individual names or identifying information. By accepting these Terms and Conditions, you agree to LIVIT collecting, using, and disclosing your Personal Information in accordance with our Privacy Policy, without any further notice or liability to you or any other person. We will process any data you provide in accordance with data protection legislation.
6. SECURITY AND PASSWORD
If and when functionality permits, you may have to register on this Site, at which time you will be required to create a unique username and password. It is your sole responsibility to ensure the security and proper use of your password, and you must keep it confidential at all times without sharing it with anyone. If you suspect that someone else may have access to your password or it has been used in an unauthorized way, you must notify us immediately. We cannot be held liable for any unauthorized or improper use or disclosure of your password.
7. COOKIES
If you visit the Site or use the Service, we may collect some information using automated methods, such as cookies. Our cookie policy, which explains how we use cookies on our Site, also applies to your use of our Site. You can find more details on how we use these automated methods in the "Cookies" section of our Privacy Policy, which is available at www.livithealthandnutrition.ca/privacy-policy.
8. ELIGIBILITY
This Site is designed and aimed at individuals who are residents of Canada and have attained the age of majority in their respective jurisdiction of residence, and have the legal capacity to enter into binding agreements under applicable laws.
9. ACCESSIBILITY
At LIVIT, we are dedicated to ensuring that our environment is safe, respectful, and welcoming for all. We strive to meet the needs of all individuals. If you encounter any difficulties accessing this Site or the information it contains, please contact us at livitinfo23@gmail.com.
10. RESTRICTIONS ON USE
You may use the Site only for your personal use. You agree to use the Website and its Content for lawful and non-commercial purposes only, and not for fraudulent, speculative, false, or illegal purposes.
By using the Site, you agree:
(a) not to use the Site for any unlawful purpose or in violation of these Terms and Conditions;
(b) not to make defamatory or derogatory comments about anyone, or use the Site or its content in a manner that discredits us or any third party or subjects us to liability to any third party;
(c) not to copy, modify, distribute, transmit, display, sell, sublicense, publish, create derivative works, or exploit the Site or its content except as permitted by us or under applicable law;
(d) not to use the Site to distribute viruses, malware, or other harmful software;
(e) not to suggest that we endorse any other business, product, or service unless we have agreed to do so in writing;
(f) not to cause annoyance, inconvenience, or needless anxiety to anyone;
(g) not to impersonate any third party or mislead as to the origin of your contributions;
(h) not to reproduce, duplicate, copy, or resell any part of the Site that is not compliant with these Terms and Conditions or any other agreement with us;
(i) that you are solely responsible for all costs and expenses you incur when using the Site; and
(j) we reserve the right to prevent or suspend your access to the Site if you do not comply with these Terms and Conditions or applicable law.
11. OWNERSHIP, USE, AND INTELLECTUAL PROPERTY RIGHTS
The content available on this Site, including all underlying HTML, text, images, videos, audio, software, trademarks, logos, online course materials, and other materials, is protected by copyright laws and treaties around the world. LIVIT Health & Nutrition Counselling is the owner or licensee of all intellectual property rights in the Site and its contents. You may print one copy or download extracts of any page from the Site for personal use and share the content with others in your organization. However, you must not modify, use, or reproduce any part of the content for commercial purposes without obtaining a license or agreement to do so from us or our licensors. Additionally, you must not attempt to alter or remove any intellectual property notices contained on the Site. If you breach these terms, your right to use the Site will cease immediately, and you must return or destroy any copies of the materials you have made. Our Site does not grant any license or right to use any intellectual property rights without our prior written permission. Finally, you agree not to attempt to decipher, disassemble, reverse engineer, or modify any software, coding, or information comprising the Site or post any material that infringes any third-party intellectual property rights.
12. SUBMITTING INFORMATION TO THE SITE
The Site cannot guarantee the confidentiality of any information you provide, and is not a secure means of communication. It is strictly forbidden to undermine the security of the Site or any information available through it. This includes unauthorized access, alteration, or deletion of information, as well as attempts to overload the system through spamming or flooding. You are responsible for ensuring that any information you submit is accurate, up-to-date, and not misleading, discriminatory, obscene, offensive, defamatory, or illegal. You must also ensure that all data and files are free of viruses before submission. We reserve the right to remove any information provided by you at any time without explanation, and to prevent your use of the Site without notice. Please note that there are no cancellation or "cooling-off" rights in relation to these Terms and Conditions, as our Services are available immediately.
When communicating with us or other users of the Site, you must not transmit harmful or offensive material. While we reserve the right to monitor and remove any communications that violate our standards, we assume no responsibility for any content posted on the Site. Our right to use any material you provide is non-exclusive and freely transferable, subject to applicable law. Any communication with us through email or online booking shall not be considered for publication without your express written consent.
13. ACCURACY OF INFORMATION
While we strive to ensure that the information on our Site is accurate and complete, some of it may be provided by third parties, and we cannot guarantee its accuracy or completeness. We assume no liability for any inaccuracies or omissions in the information on our Site, whether provided by us, other users, or third parties. Your reliance on any information on our Site is at your own risk, and we reserve the right to suspend or terminate the Site at any time at our discretion. These Terms and Conditions do not affect your mandatory statutory rights. The content on our Site is provided for general information purposes only, to inform you about us, our news, features, services, and other websites that may be of interest. We may change these Terms and Conditions without notice, and by using our Site, you agree to the current Terms and Conditions, whether or not you have read them. If you do not agree with these Terms and Conditions, please refrain from using our Site.
14. AVAILABILITY OF THE SITE
Although we strive to make sure that the Site remains accessible, we cannot assure, represent, or warrant that the Site will always be available or that you will be able to use the Site without interruptions. LIVIT retains the right to modify, suspend, or terminate the services offered on the Site, or any part thereof, at any time, at LIVIT's discretion, without being obligated to give a justification and with or without prior notification to you.
15. WARRANTIES AND LIMITATIONS OF LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may apply to our Site or any Content on it, whether express or implied. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with (but not limited to) your use of the Site or reliance on any Content displayed on it. This includes any loss or damage caused by viruses, distributed denial-of-service attacks, or other harmful material that may infect your computer or other equipment due to your use of our Site or downloading of any Content on it. We are not responsible for the Content of websites linked on our Site, and we will not be liable for any loss or damage that may arise from your use of them. We exclude all liability (whether arising in contract, tort, breach of statutory duty, or otherwise) that we may otherwise have to you due to any error or inaccuracies in any content, the unavailability of the Site for any reason, or any representation or statement made on the Site. We will not be held responsible for any information, products, or materials that you request or receive through or on the Site, or 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, or otherwise, due to any act or default of anyone or any business affiliated with us. This includes owners, staff, agents, joint venture partners, contractors, vendors, or affiliates. We also assume no liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged in rendering the Site or any other information provided by us or affiliated with us.
16. RELEASE OF CLAIMS
We shall not be held liable to any party for any direct, indirect, special, incidental, equitable, or consequential damages resulting from the use or reliance on our Site or any of our affiliates. By using our Site, you release us from any and all claims, including but not limited to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, issue, or otherwise, even if we are explicitly advised of the possibility of such damages or difficulties.
17. NOTICE
Any communications from you to us that are over and above those reserved for the client/counsellor interaction, unless explicitly specified in these Terms and Conditions, must be in written form and delivered to our email address at livitinfo23@gmail.com. Conversely, we will communicate with you by posting notices on our website periodically.
18. ASSIGNMENT
You are not permitted to transfer, assign, or sublicense any of your rights or obligations under these terms to any other individual.
19. INDEMNITY
You agree to indemnify, defend, and hold each of the Indemnified Parties, including LIVIT, its affiliates, service providers, suppliers, and subcontractors, and all of their respective agents, directors, officers, employees, information providers, third-party service providers, suppliers, subcontractors, licensors, and licensees, harmless from and against any and all liabilities, expenses, and costs, including reasonable legal fees and expenses, resulting from any claim or demand arising from your use of the Site or your violation of these Terms and Conditions. You also agree to fully assist and cooperate with the Indemnified Parties in the defense of any such claim or demand.
20. HYPERLINKS AND THIRD PARTY SITES
Automatic links to other websites may be found on this Site. However, we cannot be held responsible or liable for the content of those websites, and the owners of those websites may not have any connection, commercial or otherwise, with us. LIVIT does not review or approve of these websites or their contents, nor can we guarantee that any links to these sites will work or be up to date. As a user, it is your responsibility to read and adhere to the terms and conditions and other policies of third-party websites. Using automatic links to access such websites is at your own risk.
21. TERMINATION
We reserve the right, at our sole discretion, to terminate any services offered on the Site and to remove any materials from the Site. We may also terminate your access to the Site, the Service, or any part thereof at any time, with or without cause or notice, for any reason. If you wish to terminate your account, you may do so by discontinuing your use of the Site, and we will not be liable for preserving or returning any of your submissions or other materials that you have provided to us.
22. EXCLUSIVE JURISDICTION
The use of this Site and any matters related to it are subject to these Terms and Conditions and governed by the laws of the Province of British Columbia and applicable Federal laws. Any dispute arising from the use of this Site shall be settled in the courts located in the Province of British Columbia. However, this does not restrict LIVIT’s ability to seek injunctions and remedies in other jurisdictions to halt ongoing breaches of this Agreement.
23. SEVERABILITY
If any provision of these Terms and Conditions is deemed unlawful or unenforceable, such provision shall be deemed severed and shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions. The remaining provisions shall continue to be in full force and effect.
24. CONTACT INFORMATION
Any questions concerns or comments about the Site, Services, or Terms and Conditions can be sent to:
LIVIT Health & Nutrition 214-255 Newport Drive Port Moody, BC CANADA V3H 5H1
livitinfo23@gmail.com