TERMS & CONDITIONS
Welcome to Holistic-Kier site. Please read the following terms and conditions carefully, since any user, consumer, or customer (sometimes referred to hereinafter as “you”) is subject to the terms and conditions hereunder when using Holistic-Kier site, including any service that may be offered online by Holistic-Kier, on its blog and at its online site (hereinafter called the “site”). All these terms and conditions remain applicable between you and The Holistic-Kier Inc. (hereinafter “Holistic-Kier,” “we” or “us”) each time that you use Holistic-Kier site.
The terms and conditions of use provided herein constitute an agreement (hereinafter the “Agreement”) between Holistic-Kier and you. Your use of Holistic-Kier Internet site, including its services, programs, online shop, ateliers, its blog and any other related Web platform, constitutes your agreement to be bound by the terms and conditions of this Agreement.
Holistic-Kier reserves the right to modify this Agreement from time to time at its discretion, without prior notice. Any modification to this Agreement, if necessary, will be published at Holistic-Kier site. We recommend that you consult the Agreement each time that you use Holistic-Kier site in order to confirm whether any amendments have been made based on the date of the Agreement’s most recent “update.” Use of Holistic-Kier site is conditional on accepting the terms and conditions of this Agreement.
Holistic-Kier site, including its services, programs, online shop, ateliers the blog, any article and any content in whatever form found at the site, including texts, images, illustrations, drawings, icons, photographs, videos and other content presented in written form such as texts, articles and copyrights, trademarks, and any other intellectual property (hereinafter collectively referred to as the “Content”), are fully owned, controlled and authorized by Holistic-Kier, unless expressly described by Holistic-Kier.
The site and the Content are intended solely for personal use and are NOT FOR COMMERCIAL USE. Any downloading or copying of the Content from Holistic-Kier site may be performed SOLELY for PERSONAL USE. No right, title or interest in any downloaded Content is transferred, allowed or in any way granted to you once it has been downloaded or copied. You may not reproduce, except as indicated below, publish, transmit, distribute, post, modify, create derivative works from, sell or exploit in any way the Content or the site.
Any use of the site or its Content for illegal purposes is prohibited. Holistic-Kier reserves the right to any recourse or action for damages or any other procedure considered appropriate against any person who has used or who may have used Holistic-Kier site, its online blog in such a manner as to interrupt, destroy, compromise or otherwise jeopardize the site or any service offered by Holistic-Kier.
TRANSACTIONS AT THE SITE
Holistic-Kier reserves the right to refuse any order placed through our online shop and ateliers. We may, at our entire discretion, limit or cancel the quantities of merchandise ordered or purchased at Holistic-Kier site. These restrictions may include orders made by you or using the same customer account, the same credit card or for any order whose billing or shipping address is identical, different or suspicious. Holistic-Kier reserves the right to limit or forbid orders that appear to have been made by merchants, resellers or distributors without our prior written consent or for any other reason or grounds that we consider necessary.
In the event that we limit or cancel an order, we will try to notify you by email or by using the available information provided when the order was placed.
By making a purchase at Holistic-Kier site, you consent to having any related expenses charged to your account, including the applicable taxes according to the jurisdiction in which the purchase will be delivered and transport, delivery, handling and customs costs when applicable.
RIGHT TO MAKE CHANGES TO THE SITE
Holistic-Kier may, at any time and at its sole discretion, modify, suspend or in any way interrupt operations at its site or any other service, content, product or functionality offered at its site, with or without prior notice. Holistic-Kier may stop debiting any fees or modify or waive the fees charged, and/or offer certain opportunities to some or all site users. You hereby acknowledge that we are not liable toward you or toward any third party, in particular due to a modification, suspension or interruption of the site nor due to any modification, suspension or interruption related to any service, content, product or functionality proposed by or presented or offered at the site.
Holistic-Kier appreciates receiving your comments and opinions on our products and services. Holistic-Kier is not, however, obliged to accept, apply or take into consideration any ideas, suggestions, proposals (for example, for contest entries) or other comments that you may send us. Consequently, by sending us such ideas, suggestions, proposals or comments, from time to time, either online, by email, by mail or otherwise (collectively, the “Comments”), you acknowledge that Holistic-Kier may, at any time and without notice or restriction, modify, copy, publish, distribute, translate and otherwise use on any medium the Comments that you send us. Holistic-Kier is not obliged to maintain the privacy of the Comments, to pay any compensation whatsoever for the Comments, nor respond to the Comments. Holistic-Kier has the right to use all Comments at its sole discretion and therefore may monitor, move or delete any Comments.
The Comments must not infringe on any copyright, trademark, privacy of information or any other ownership or private right. Holistic-Kier will not accept Comments that, in its sole judgment and discretion, may, in whole or in part, constitute violent, defamatory, offensive, obscene or otherwise unacceptable Comments or Comments that come from a source that may contain computer viruses or other programs that may affect site operations in any manner whatsoever.
You shall not use a false email address, pretend to be someone else or mislead Holistic-Kier concerning the origin of Comments. Holistic-Kier is not responsible for Comments made by site users and cannot be held responsible for the truthfulness or accuracy of the remarks or the content of the Comments received. Holistic-Kier is not responsible and is in no way connected to the content of the Comments that you or a third party publish at the site.
INFORMATION ON PRODUCTS AND MERCHANDISE
The products displayed at Holistic-Kier site, in the online shop, are sold from Canada and, unless otherwise indicated, all prices are in Canadian dollars.
The related information, including descriptions of the products sold at Holistic-Kier site, is provided for information purposes only. Through this Agreement, you acknowledge that Holistic-Kier cannot guarantee the truthfulness or accuracy of said information. Holistic-Kier makes no warranty, in particular against any typographic errors or omissions, nor against any other errors or omissions related to any product description, prices, promotions or offers or to their availability. Holistic-Kier reserves the right to correct errors, inaccuracies and omissions, as needed, to modify or update information, and to cancel orders at any time and without prior notice, or within a period that we consider to be reasonable, commencing when we will become aware of the error, inaccuracy or omission, if any, even after you have placed your order.
You understand that Holistic-Kier makes all reasonable efforts to display the colours of products and provide related information as accurately as possible at the site. However, we do not make any guarantee concerning the representation of colours on your computer screen, nor do we make any guarantee that these images correspond to or accurately represent the product sold.
Product quantities may be limited, and products may be returned or exchanged only in accordance with the terms and conditions of the applicable return policy.
You agree that Holistic-Kier is not responsible for any damages or adverse consequences of any kind, where relevant, that may result in or arise from the use of any product or merchandise purchased at Holistic-Kier site, and any customer or user is entirely responsible for using the products and merchandise purchased according to the procedures or instructions for use indicated or set forth by the manufacturer or the supplier of such products or merchandise and for using them solely for the purposes for which they are intended.
The use of any product offered at or purchased from Holistic-Kier site does not in any way invoke Holistic-Kier liability for any allergy or any other reaction or consequence that may arise with respect to the use of any product or merchandise offered or purchased at Holistic-Kier site.
The use of any menu plan offered and purchased by Holistic-Kier is not to be taken as medical advice. Please always consult your physician before taking on any new diet or lifestyle practice. You are responsible for ensuring you have all of the necessary technology required to access our software. Refunds will not be offered based on your technical issues. We will not be liable for any technical issues beyond the steady serving of our own website
The taxes applied to your order reflect applicable federal and provincial taxes based on the shipping address on your order. Where appropriate, sales tax will also be applied to shipping and handling charges. If you return an item for a refund, the sales taxes that you have paid for this article will also be refunded. On the other hand, the sales taxes that you have paid on the item’s shipping and handling charges will not be refunded, since shipping and handling charges are not refundable once an item has been sent, and Holistic-Kier cannot refund any shipping, handling and customs charges. If you have any questions concerning the taxes listed on your invoice, please contact us by email at firstname.lastname@example.org.
Other than the terms and conditions of this Agreement, any contest, draw, game, promotional campaign and any other similar promotion offered at Holistic-Kier site (collectively, the “Promotions”) may be subject to the terms of existing laws and regulations in the province of Ontario, which are not incorporated into this Agreement. You hereby understand that by participating in any Promotions, you are subject to the terms of these applicable laws and regulations, which may differ from the terms and conditions herein. In the event of conflicts between the terms and conditions herein and the terms of applicable laws and regulations, the terms of applicable laws and regulations on contests and promotions shall take precedence.
OTHER INTERNET LINKS PRESENTED OR PROPOSED
Holistic-Kier may, from time to time, present or offer links to other Internet links that are in no way related to Holistic-Kier. Holistic-Kier is not responsible for the content of any other Internet link that may be presented or offered at its site, and the display of an Internet link does not in any way constitute approval of any content, remarks or images displayed through said link. Links are provided and presented to users of the Holistic-Kier site solely as a matter of convenience and for information purposes, as is, and with no direct representation or responsibility, by implication or otherwise, on the part of Holistic-Kier.
Holistic-Kier is not responsible for maintaining the privacy of passwords and other data related to users’ accounts. It is your responsibility to inform us immediately in the event of known or apparent unauthorized use of your user account, or of any known or apparent security irregularities, including the loss, theft or unauthorized disclosure of your password. Each user is solely responsible for all activity in his or her user account. You hereby agree to immediately inform us of any unauthorized use of your user account and any irregularity of which you become aware that threatens the security of your user account or the site.
Information on Holistic-Kier site is for education and entertainment purposes only. It is general information and should not be taken as medical advice. Consult your physician before you change your diet, supplement or exercise program. Any changes you make are at your own risk based on your own judgment. We are not medical doctors or naturopaths. Any testimonials provided are examples of happy clients, and we cannot guarantee results.
THE SITE’S CONTENT IS PRESENTED “AS IS,” WITH NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF TITLE, ANY IMPLICIT OR MERCHANTABILITY WARRANTY, WARRANTY OF SPECIFIC USE OR OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
HOLISTIC-KIER CANNOT GUARANTEE THAT THE SITE AND ALL ITS RELATED SERVICES WILL NOT BE INTERRUPTED OR WILL BE FREE OF DEFECTS, ERRORS AND OMISSIONS OR THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THE SERVERS THAT HOST THE SITES DO NOT CONTAIN VIRUSES OR OTHER SUSPICIOUS COMPONENTS.
HOLISTIC-KIER IS UNDER NO OBLIGATION TO UPDATE OR EDIT THE SITE’S CONTENT, EVEN IF WE MAY MODIFY THE CONTENT AT ANY TIME. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO USE OF THE SITE AND ANY RELATED SERVICE. HOLISTIC-KIER CANNOT BE HELD RESPONSIBLE FOR DAMAGES, OF ANY KIND, RELATED TO YOUR USE OF THE SITE OR OF ANY PRODUCT OFFERED OR PURCHASED AT HOLISTIC-KIER SITE.
LIMITATION OF LIABILITIES
In no event shall Holistic-Kier, its affiliates or any of their respective directors, officers, employees, agents, mandataries, consultants or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, goodwill, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: the Services or Site; any Holistic-Kier materials, information, qualification and recommendations appearing on the site; any tools, tips, links, functionalities or services offered through, contained in or advertised on the Services or Site; your account and password; failure of performance, error, omission, interruption, defect, delay in operation, computer virus, communication line failure, theft, destruction or unauthorized access to, or alteration of, or inability to use the Site whether or not arising from breach of contract, tort, civil liability or otherwise and even if Holistic-Kier has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of the Services or Site and Content. Holistic-Kier shall not be responsible for your Content or the content of any other users submitted to the Site. You acknowledge that Holistic-Kier is not liable for any libelous, defamatory, offensive or illegal conduct of other members and/or users of the Services or Site or third parties and that the risk of injury from the foregoing rests entirely with you. You use the Services or Site at your sole risk.
You agree to indemnify and hold harmless Holistic-Kier and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising out of or in any way connected with your access to or use of the Services and products including: (a) your breach of the Terms; and (b) your use of the Services or Site including without limitation transmission or placement of information or material by you as related to the Services or Site; and (c) any claim or allegation that your Content infringe the intellectual property or other proprietary rights of any third party.
You are solely responsible for paying taxes, customs duties and all expenses related to any purchase made at Holistic-Kier site.
You hereby represent to Holistic-Kier and its directors, managers, employees, shareholders, agents, representatives, successors and assigns that no liability may be apportioned to us and that there shall be no recourse against us for any claims, damages, costs or expenses, including any legal costs, that may arise from or be related to your use of the site and/or with respect to your breach of any representation, warranty, condition, obligation or any other obligation that you may have under the terms and conditions of this Agreement.
In the interest of saving time, costs and resources, you hereby agree that this Agreement will be subject to the following dispute settlement procedure: except within the limits of applicable laws, including in the event of litigation, claim, legal action, recourse or any dispute arising from or otherwise related to this Agreement, upon use of Holistic-Kier site, related to any transaction made at Holistic-Kier site, or with respect of the application, interpretation or validity of this Agreement (hereinafter a “Dispute”), the party asserting the Dispute shall first try to settle such Dispute in good faith by sending prior written notice to the other party by special or registered mail, in order to substantiate the facts and circumstances (including any relevant documentation) of the Dispute. With this done, Holistic-Kier and you both agree to grant a period of thirty (30) days to be used to respond to or settle the Dispute.
Notice must be sent:
To your attention at your last billing address or to the billing and/or shipping address appearing in your online profile.
To our attention at:
To the extent permitted by law, Holistic-Kier and you mutually agree that this dispute settlement procedure is a necessary prerequisite to initiating any litigation or filing any complaint, action, recourse or claim or any Dispute against one party or the other.
This Agreement is interpreted and subject to the relevant laws and regulations in the province of Ontario and in accordance with the laws and regulations of Canada, without regard to conflict of law principles. Any dispute that may arise under this Agreement shall be submitted to the jurisdiction of the competent courts and tribunals of the province of Ontario.
A challenge or invalidation of any of the provisions of this Agreement shall not result in cancellation of the entire Agreement, nor in the invalidation of any other term or condition set out in any specific provision. You are obliged to comply with each condition and each term set forth in this Agreement. If one provision of the Agreement is invalidated by a competent court of the jurisdiction for any reason, only the provision that has been found invalid, where relevant, shall be null and void and all the other provisions shall remain in force. This Agreement between Holistic-Kier and you constitutes a whole and applies to any use of Holistic-Kier site and all related services.
Holistic-Kier may assign its rights and duties under this Agreement. The rights and obligations continue to apply to its successors, assigns and any other person authorized under any assignment agreement, if any.
Our return policies is governed by our Cancellation and Return Policy, which you can access by clicking on the Cancellation and Return Policy link in the section at the bottom of the site’s pages (the “Cancellation and Return Policy”. This Agreement incorporates by reference the Cancellation and Return Policy terms and conditions.
The terms and conditions set forth in this Agreement shall continue in full force and effect at all times, except in the event of a cancellation by you or Holistic-Kier. This Agreement may be cancelled at any time and without prior notice at the initiative of Holistic-Kier and, consequently, we may refuse you access to the site if, at our sole discretion, we determine that you do not comply with the terms and conditions as set forth in this Agreement. The parties’ obligations and liabilities incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
If you have any questions about this Agreement, please contact us at email@example.com.