WELCOME TO OUR WEBSITE!

Biome Nutrition Counselling invites you to access and use our Website under the following Terms and Conditions. You are encouraged to read these terms carefully before using our Website. By accessing or using our Website, you hereby agree to be bound by the Terms and Conditions incorporated herein, the Privacy Policy and the Disclaimer.

1. ACCEPTANCE OF TERMS

1.1 This Terms and Conditions Agreement discloses the terms and conditions of www.biomenutrition.ca (the “Website”), owned by Biome Nutrition Counselling, a business registered in the Province of Ontario (the “Company”). The following Terms and Conditions form a legally binding agreement that governs the relationship between the Company and its users, as well as anyone who interacts with the Company, and its Website. Your access to and use of this Website signifies your acceptance and agreement to the Terms and Conditions.

1.2 By using this Website, you represent that you are at least 18 years old and have the requisite mental capacity to be bound by the Terms and Conditions of this Agreement.

1.3 The material appearing on this Website is provided as information about the Company’s promotional marketing, digital products and services. The owner of this Website, and its agents, and employees assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on, or material linked to, this Website. 

2. LANGUAGE

2.1 The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice: “Client”, “User” “You” and “Your” refers to you, the person using this Website. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to the Company. “Party”, “Parties”, or “Us”, refer to both the Client and the Company. Any use of the above terminology or other words in the singular, plural, capitalization, and or he/she/they, are taken as interchangeable and therefore referring to the same. 

3. FOR INFORMATIONAL PURPOSES ONLY

3.1 Any and all information by or on this Website is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. This includes all digital content, including but not exhaustive of, email, newsletters, blogs, webinars, lead generation content, all social media and other content, whether or not they are available for purchase, as resources, or educational and/or informational use only. 

3.2 All aforementioned content does not constitute professional advice and is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Website, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk.

4. COPYRIGHT

4.1 All materials created by the Company on the Website are protected by copyright laws as original works. The absence of a registered copyright symbol does not affect the Company’s ownership or the protection of these materials.

5. LICENSE OF INTELLECTUAL PROPERTY

5.1 Unless otherwise specified, the Company and/or its licensors hold the property rights to all materials on the Website, including services or digital products sold or downloaded through the Website, and any materials on the Company’s social media platforms. All intellectual property rights are reserved. If downloadable materials are available on the Website, permission is granted to download for personal, non-commercial transitory viewing only. 

5.2 This is the grant of a license, not a transfer of title. Under this License the User may access the Website for personal use, but the User may not: 

(a) Modify, copy, republish, reproduce, or redistribute the Website materials; 

(b) Use the Website materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial); 

(c) Transfer the Website materials to another person or ‘mirror’ the materials on any other server. 

5.3 If such behaviour is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke your access to the Website, as well as any services, digital products or materials you may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

5.4 Any requests for written permission to use any content posted on this Website must be expressly made before you use any such content, and may be made by sending an email with your written request to: admin@biomenutrition.ca.

6. LIMITED LICENSE TO YOU FOR USE OF PRODUCTS OR DOWNLOADS

6.1 The User understands that by purchasing any service or downloading materials from this Website, they are being granted access to view all content and information provided for, along with any additional information or content shared by the Company. The User understands this access constitutes a limited, revocable, non-transferable license to use the information for personal or business purposes, as permitted by the Company.

6.2 As a “Licensee,” the User agrees not to: (i) copy, edit, distribute, duplicate, or otherwise misuse any information obtained or downloaded through the Website without the Company’s written consent; (ii) post, distribute, share, copy, or otherwise use any portion of the Website or its content, without the company’s written consent, recognizing that such action may constitute infringement and may lead to legal action; or (iii) share purchased materials, information, content, or information with others who have not purchased them.

6.3 The User acknowledges that any such actions, including but not limited to those outlined above, will likely constitute infringement, theft of intellectual property, and a violation of this Agreement and applicable laws.

7. LINK TO THIRD-PARTY WEBSITES

7.1 This Website and the services provided by the Company may contain links to third-party websites or resources that are not owned, operated, maintained, affiliated or controlled by the Company. These external websites and their content are provided for convenience only, and do not imply any affiliation, endorsement, or approval by the Company. The Company has no control over, and assumes no responsibility for, the accuracy, availability, legality, or content of any linked websites or resources. You acknowledge and agree that your use of any third-party websites is at your own risk, and the Company is not liable for any losses, damages or issues that may arise from your access to or reliance on such websites. The Company is further not responsible directly or indirectly for any errors, omissions, refunds, or damages resulting from interactions with third party links, the intended purposes of the links are provided solely to improve your use of the Website, to enable you to connect with the Company on various platforms, and to help the Company offer their services and conduct transactions. 

8. FEEDBACK, COMMENTS AND TESTIMONIALS

8.1 The terms herein further extend to the application and use of social media platforms, and any reviews or comments related to your use of the services, program or information provided by the Website. The Company requests You adhere to the following guidelines: (a) the Company reserves the right to remove, block, or delete any comments that may be construed as bullying, name-calling, offensive language, or otherwise contrary to the Website's intended goals of positivity, education, and encouragement; (b) by using any social media platform or group chats, or designated platforms to complete the services, You verify that all information submitted is accurate and factual; (c) any negative comments or complaints posted by You may be construed as claims about the Company and may be subject to legal claims; and (d) You further agree to privately contact the Company with any concerns or suggestions prior to, and in replacement of, posting publicly. 

8.2 You understand that any comments posted on this Website or on our social media channels represent the views and opinions of the individual who made them, not those of the Company. The Company reserves the right to comment, edit, or delete any comment or posts made on this Website or on social media channels. 

8.3 The Website and its associated social media platforms may feature testimonials from previous clients or customers of our services and digital products. These testimonials are intended to provide readers with comments, feedback, and information based on others’ experiences with our services. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Website, products, and services offered by the Company. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results, nor do these testimonials guarantee the same or similar results.

9. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED

9.1 Any information you provide or share with us, directly or indirectly, by use of this Website will not be treated as confidential or privileged.

10. PURCHASE POLICY

10.1 If you purchase any digital product or service from us, you may also enter one or more separate agreement(s) with the Company, and will be subject to the terms outlined in any accompanying agreements.

11. REFUNDS

11.1 All sales of digital products or services sold on or through the Website, are final and non-refundable, subject to the terms of third-party agreements that you may have entered into with the Company. By purchasing any digital products or services on this Website, the Client accepts the terms herein and waives any and all claims in connection with the refund policies herein.

12. RESULTS NOT GUARANTEED

12.1 The Company may share the successful results achieved by users or customers through the use of the Website and its digital products and services. These examples are not to be interpreted as a promise or a guarantee - whether implied or stated - of any specific outcome or other results. By accessing the Website and using the products offered herein, you accept that you are fully responsible for your progress and results. The Company does not guarantee that you will achieve any specific results from the use of our ideas, tools, strategies or recommendations, and nothing on the Website, or in the use of the services and

products offered herein, is a promise, warranty or guarantee to you of gaining such results. 

13. MODIFICATIONS AND CHANGES

13.1 The Company reserves the right, at our sole discretion, to modify, replace or revise the terms herein at any time, without notice. The Company further reserves the right to modify, suspend, or discontinue, whether temporarily or permanently, the services (or any part thereof) or digital products for any reason without notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop use of the Website.

14. LIMITATION OF LIABILITY; INDEMNIFICATION

14.1 The Company shall not be liable for any damages arising from the use or inability to access the materials or content on this Website, including, without limitation, damages due to loss of data, loss of profit, business interruptions, modifications, interruptions, suspensions or discontinuances even if the Company has been notified of the possibility of such damage. 

14.2 You agree to protect and defend the Company against all claims that may be considered libellous, obscene, criminal, infringing on the rights of third-party rights, or otherwise violating applicable laws.

14.3 Your decision to visit our Website, use the information contained therein, and purchase products we offer is entirely voluntary. You understand that the Company is not responsible for any harm or damage caused to you or your business resulting from direct or indirect use of materials or content contained on the Website. You agree to hold the Company harmless from any damages arising from your use of the content, digital products or services provided on the Website or distributed through email, and you agree not to make any claims against the Company in connection with such use. 

14.4 Indemnification: You agree to indemnify, defend, and hold harmless the Company, its partners, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees), that may arise from or relate to: (a) your use of the Website, (b) your violation of the terms herein, (c) your violation of any third-party rights, including intellectual property rights, or (d) any unlawful negligence conducted by you. This indemnification shall survive the termination or expiration of these terms and your use of the Website.

15. RELEASE OF CLAIMS

15.1 Release of Claims: You acknowledge that this release is a complete and unconditional release of all liability to the fullest extent permitted by law, and you voluntarily give up any right you may have to bring legal action against the Company for any losses or damages arising from your use of the Website, whether known now or discovered in the future. 

16. SEVERABILITY

16.1 If any provision of these terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

17. GOVERNING LAW

17.1 Any claim relating to the Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. 

18. ENTIRE AGREEMENT

18.1 The Terms and Conditions and any other legal notices, policies and guidelines of the Company linked to these Terms and Conditions or contained on this Website constitute the entire Agreement between you and the Company relating to your use of this Website and supersede any prior understandings of the Parties regarding such subject matter. This Agreement may not be amended or modified except by the Company. 

19. CONTACT

19.1 If you have any questions about these Terms, please contact us at: admin@biomenutrition.ca.