TERMS & CONDITIONS

Effective Date: 16th day of February, 2022

These terms and conditions (the "Terms and Conditions") govern the use of www.thriveonsimple.com (the "Site"). This Site is owned and operated by Amanda Loewer. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. Accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.

This website uses cookies and similar tracking technology. By using this website or agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.


Intellectual Property
All content published and made available on our Site is the property of Amanda Loewer and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions
The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.


Disclaimer

Information and products on this Site are meant for general use only and are not intended to diagnose, cure, or treat disease. The content within is for educational purposes and nothing should be considered as a medical diagnosis or advice. You are advised to do your own research and make decisions in partnership with your primary healthcare provider. The information contained on the Site is not a substitute for the knowledge, skill, and expertise of medical doctors or other healthcare professionals involved in direct patient care.


We aim to accurately represent the information provided in our e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children, and all decisions now or in the future.


Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;

  • Violate the rights of other users of our Site;

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Hack into the account of another user of the Site;

  • Act in any way that could be considered fraudulent; or

  • Post any material that may be deemed inappropriate or offensive.


If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.


User Contributions
Users may post the following information on our Site:

  • Public comments.


By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.


Accounts
When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.


We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.


Description of Coaching

Coaching is a partnership (defined as an alliance, not a legal business partnership) between coach and client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.


Coach-Client Relationship

When entering into an agreement for services between you and Amanda Loewer, we agree to maintain the ethics and standards of behavior established by the Canadian Association of Holistic Nutrition Professionals (“CAHN-Pro”) (https://cahn-pro.org/code-of-ethics/). It is recommended that you review the CAHN-Pro Code of Ethics and the applicable standards of behavior.


You are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and your coaching calls and interactions with us. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by us. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.


You further acknowledge that you may terminate or discontinue the coaching relationship at any time by giving one full week’s written notice to Amanda Loewer.


You acknowledge that coaching is a comprehensive process that may involve different areas of your life, including work, finances, health, relationships, education and recreation. You agree that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively your responsibility.


You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, it is recommended that you promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by you and Amanda Loewer. 


You understand that in order to enhance the coaching relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.


Sale of Services
These Terms and Conditions govern the sale of services available on our Site.


The following services are available on our Site:

  • Nutrition and Health Coaching.

The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.


We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.


Payments
We accept the following payment methods for our services:

  • Credit Card;

  • PayPal;

  • Debit;

  • Direct Debit; and

  • E-transfer.


When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.


Refunds for Services
We provide refunds for services sold on our Site as follows:

  • The services will be fully refunded if the services are cancelled at least 48 hours before the services were scheduled to be provided.


Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.


Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.


Limitation of Liability
Amanda Loewer and our affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.


Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Amanda Loewer and our affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.


Applicable Law
These Terms and Conditions are governed by the laws of the Province of Alberta. Amanda Loewer resides in Alberta and is operating subject to Alberta laws. We are not soliciting customers outside of Alberta. If you choose to use our services, you are subject to your local governing laws.


Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Amanda Loewer are unable to resolve any dispute through informal discussion, then you and Amanda Loewer agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Amanda Loewer.


Notwithstanding any other provision in these Terms and Conditions, you and Amanda Loewer agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.


Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.


Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.


Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(403) 852-5532
amanda@thriveonsimple.com
73 West Grove Pt SW, Calgary, AB, T3H 1V3


You can also contact us through the feedback form available on our Site.



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