Privacy Policy
Last updated: September 1, 2023
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Template.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
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Account means a unique account created for You to access our Service or parts of our Service.
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Thrive on Simple, 73 West Grove Pt SW, Calgary, AB, T3H 1V3.
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Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
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Country refers to: Alberta, Canada
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Personal Data is any information that relates to an identified or identifiable individual.
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Service refers to the Website.
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Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
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Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
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Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
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Website refers to Thrive on Simple, accessible from https://www.thriveonsimple.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
GDPR
For users in the European Union, We adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
Consent
By using Our Site You agree that You consent to the conditions set out in this Privacy Policy.
When the legal basis for Us processing Your personal data is that You have provided Your consent to that processing, You may withdraw Your consent at any time. If you withdraw Your consent, it will not make processing which We completed before You withdrew Your consent unlawful.
You can withdraw Your consent by contacting Amanda Loewer.
Legal Basis for Processing
We collect and process personal data about Users in the EU only when We have a legal basis for doing so under Article 6 of the GDPR.
We rely on the following legal bases to collect and process the personal data of Users in the EU:
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Users have provided their consent to the processing of their data for one or more specific purposes; and
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Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are that We cannot fulfill a contract with You.
Collecting and Using Your Personal Data
We only collect data that helps Us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying You first.
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
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Email address
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First name and last name
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Phone number
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Address, State, Province, ZIP/Postal code, City
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Usage Data
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Health Concerns
This data may be collected using the Client Intake Form.
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
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Google
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Facebook
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Twitter
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
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Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
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Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
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Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Use of Cookies by Free Privacy Policy.
We use both Session and Persistent Cookies for the purposes set out below:
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Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
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Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
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Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
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To provide and maintain our Service, including to monitor the usage of our Service.
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To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
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For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
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To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
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To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
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To manage Your requests: To attend and manage Your requests to Us.
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For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
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For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
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With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
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For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
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With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
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With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
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With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
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Comply with a legal obligation
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Protect and defend the rights or property of the Company
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Prevent or investigate possible wrongdoing in connection with the Service
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Protect the personal safety of Users of the Service or the public
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Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Your Rights as a User
Under the GDPR, You have the following rights:
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Right to be informed;
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Right of access;
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Right to rectification;
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Right to erasure;
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Right to restrict processing;
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Right to data portability; and
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Right to object.
How to Access, Modify, Delete, or Challenge the Data Collected
If You would like to know if we have collected Your personal data, how we have used Your personal data, if We have disclosed Your personal data and to who We disclosed Your personal data, if You would like Your data to be deleted or modified in any way, or if You would like to exercise any of Your other rights under the GDPR, please contact Our privacy officer here:
Amanda Loewer
amanda@thriveonsimple.com
(403) 852-5532
Calgary, AB
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of Our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, We provide the following specific opt-out methods for the forms of collection, use, or disclosure of Your personal data specified below:
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You can opt-out of the use of Your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating Your email preferences under "Your Account"
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
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By phone number: 403-852-5532
By email: amanda@thriveonsimple.com
Terms & Conditions
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:
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Harass or mistreat other users of our Site;
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Violate the rights of other users of our Site;
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Violate the intellectual property rights of the Site owners or any third party to the Site;
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Hack into the account of another user of the Site;
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Act in any way that could be considered fraudulent; or
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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:
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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:
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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
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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 Consulting/Coaching (hereafter referred to as "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:
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Nutrition Consulting 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:
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Credit Card
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Debit
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Direct Debit
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E-transfer
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PayPal
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:
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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
Calgary, AB
You can also contact us through the feedback form available on our Site.
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