Terms & Conditions
Please read these Terms and Conditions carefully before using this Website.
Last updated: July, 2020
1. Introduction
These terms and conditions of use (the “Term and Conditions”) explain how you may use this website (the “Website” or “Site”). References in these Terms and Conditions to the Site includes the website https://www.shiftnutrition.ca/ and all associated web pages. You should read these Terms and Conditions carefully before using the Site. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact info@shiftnutrition.ca
2. Definitions
In these terms of use,
(a) “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
(b) “We”, “Us” or “Our” means Shift Nutrition Inc., Shift Nutrition’s registered dietitians, and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns and guests.
(c) “You” or “Your” means the person accessing or using the Site or its content and includes any persons, natural, incorporated or otherwise, that any person accessing or using the Site purports to represent.
(d) “Service” means any activities associated with Shift Nutrition Inc. that include online course programming and nutrition counselling in-person or virtually.
3. Acceptance
By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and Conditions and the documents referred to in them, and that, to the best of your knowledge, the information you provide to Shift Nutrition Inc., its representatives or agents, is complete and accurate. If you do not agree or accept any of the terms and conditions stated here, you must cease using this site immediately. If you have any questions concerning this site, please contact us at info@shiftnutrition.ca
4. Modifications
Shift Nutrition Inc. may, in its sole discretion, revise these Terms and Conditions at any time, and without any prior notice or liability to you or any other person, by updating this posting on the Site. You should visit this page frequently to review these Terms and Conditions for any changes or updates, because they are binding on you. You will be deemed to have agreed to the amended Terms and Conditions when you next use this site following any amendment.
5. Privacy Statement
By using the Site and/or the Service, you may make available to Shift Nutrition certain information about you. Shift Nutrition collects, uses, stores, and discloses information regarding your use of the Site and your Personal Information in accordance with our Privacy Policy, available at Privacy Policy, the terms and conditions of which are incorporated herein by reference. The term Personal Information (Personal Information) is defined in the Privacy Policy, available at Privacy Policy. We will use information supplied by you (including, without limitation, sensitive personal data) to facilitate providing information that may be pertinent to your interests. This involves us, among other things, processing and storing information (including, without limitation, sensitive personal data). We may use third parties to help us process your information as part of the online booking process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways. We will process any data which you provide in completing the online booking form and any further forms, assessments or personal details which you complete or provide to us when using this Site in accordance with data protection legislation. By accepting these Terms and Conditions, and each time you use the site or the service, you consent to the collection, use and disclosure by Shift Nutrition Inc. of your Personal Information in accordance with our Privacy Policy, including any updates, without any further notice to you or any liability to you or any other person.
6. Security and Passwords
When you register with this Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorized way. We accept no liability for any unauthorized or improper use or disclosure of any password.
7. Cookies
When you visit the Site and/or use the Service, we may collect certain information by automated means, including without limitation, cookies. Our cookie policy, which sets out information about the cookies on our Site, also apply to your use of our Site. Please consult the section labeled “Cookies” in the Privacy Policy, available at [Privacy Policy URL], for the full detail of how we use such automated means.
8. Eligibility
The Site is intended for and directed to residents of Canada who have reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law.
9. Accessibility
Shift Nutrition Inc. is committed to providing our services in a manner that is accessible to people with disabilities, and to providing a safe, dignified and welcoming environment for everyone. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by preventing and removing barriers to accessibility and meeting all legal accessibility requirements. If you have any problems accessing this Site or any information contained on it, please contact us at info@shiftnutrition.ca
10. Restrictions on use
The Site is for your use only. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. As a condition of your use of the Site, you agree:
(a) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms and Conditions;
(b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its content except as permitted by us under these terms or as expressly provided under applicable law;
(d) not to use the Site to distribute viruses or malware or other similar harmful software code;
(e) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
(f) to cause annoyance, inconvenience or needless anxiety
(g) to impersonate any third party or otherwise mislead as to the origin of your contributions;
(h) To reproduce, duplicate, copy or resell any part of the Site in a way that is not in compliance with these Terms and Conditions or any other agreement with us;
(i) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site; and
(j) we reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms and Conditions or any applicable law.
11. Ownership, use and intellectual property rights
All the Content contained in this Site is the Copyright © of Shift Nutrition Inc. “Content” means any underlying HTML, text, image, video, audio or other multimedia content, software, trademarks, logos, online course materials, or other information or material that is made available to you on the Site, or that is submitted to, subsisting on, or accessible from, the Site. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. The works on this Site are protected by copyright laws and treaties around the world.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to Content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You agree not to alter, circumvent or remove any intellectual property notices contained on the Site. Our status (and that of any identified contributors) as the authors of Content on our site must always be acknowledged. You must not use any part of the Content on our site for commercial purposes without obtaining a licence or other agreement to do so from us or our licensors. If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Nothing contained on the Site shall be construed as granting, by implication or otherwise, any license or right to use any intellectual property rights without our prior written permission.
You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.
12. Submitting Information to the Site
The Site is not a secure means of communication; any information you supply to us via the Site may not be kept confidential. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorized access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
You are solely responsible for any information submitted by you to this Site and for ensuring that such information is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this Site.
We reserve the right to remove any information supplied by you from the Site at our sole discretion, at any time and for any reason without being required to give any explanation. Shift Nutrition Inc. also reserves the right to prevent you from using the Site immediately and without prior notice for any reason without being required to give an explanation.
As the Services on the Site are made available to users and employers immediately, you do not enjoy any cancellation or “cooling-off” rights in relation to these Terms and Conditions.
Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
Any communications to our email or online booking system shall not be deemed to have been submitted for publication without your express written consent.
13. Accuracy of information
Although we make every effort to ensure that the information on this Site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this Site or any liability in respect of information on this Site supplied by you, any other user of the Site or any other person. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion.
Nothing in these Terms and Conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our news, features, services and other websites, which may be of interest.
We reserve the right to change the Terms and Conditions on the Site at any time without notice, and by using the Site you are agreeing to the Terms and Conditions as they appear, whether or not you have read them. If you do not agree with these Terms and Conditions, please do not use our Site.
14. Availability of the Site
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site. Shift Nutrition Inc. reserves the right to suspend or vary the service provided to you on the Site or any part thereof, at any time at Shift Nutrition’s sole discretion without being required to provide a reason and either with or without prior notice to you.
15. Warranties and limitation of liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any Content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (but not limited to):
use of, or inability to use, the Site; or
use of, or reliance on any Content displayed on the Site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any Content on it, or on any website linked to it. We assume no responsibility for the Content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Linked websites include affiliates of Shift Nutrition and third-party service providers such as online booking systems.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on the Site. We do not assume liability for 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, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering the Site, or in any way or in any location. In the event that you use the Site or any other information provided by us or affiliated with us, we assume no responsibility.
Notwithstanding any other provision of these Terms and Conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
16. 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 the Site, 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.
17. Notice
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our email address info@shiftnutrition.ca, and all notices from us to you will be displayed on our website from to time.
18. Assignment
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
19. Indemnity
You agree to indemnify, defend and hold harmless each of Shift Nutrition Inc. and 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 (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Site or your breach of these Terms and Conditions; and you agree to assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
20. Hyperlinks and Third-Party Sites
On this Site, you may encounter automatic links to other websites. We do not accept any responsibility for or liability in respect of the content of those websites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Shift Nutrition Inc. should not be taken as having reviewed or approved such websites or their contents, nor does it warrant that any links to such sites work or are up to date. It is your responsibility to read and comply with the terms and conditions and other policies of third-party websites. Using automatic links to gain access to such websites is entirely at your own risk.
21. Termination
We have the right, in our sole discretion, to terminate any services of the Site and remove any materials from the Site. We may also terminate your access to the Site or the Service, or any part thereof, at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your use of the Site and we will not be responsible for maintaining or returning any of your submissions or other materials provided to us.
22. Exclusive Jurisdiction
These Terms and Conditions, and any matter applicable to your direct or indirect use of this Site, shall be governed by the laws of the Province of British Columbia and the Federal laws applicable in the Province of British Columbia. Any dispute shall be settled in the courts located in the Province of British Columbia, though the foregoing shall not limit the ability of Shift Nutrition, Inc. to seek injunctions and remedies in other jurisdictions which are required to stop continuing breaches of this Agreement.
23. Severability
The provisions of these Terms and Conditions are severable. If any provision is found to be unlawful or unenforceable, it shall not affect the validity or enforceability of the remainder of these Terms and Conditions, which will continue in full force and effect.
24. Contact Information
Our offices are located at:
#412 - 119 West Pender Street, Vancouver, BC
Any questions concerns or comments about the Site, Services, or Terms and Conditions can be sent to:
info@shiftnutrition.ca