Terms and Conditions – Holistic & Whole (the “Provider”, “Company”, “Us” or “Our”) agrees to provide you (the “Purchaser”, “you”, or “your”) with access to the Product (the “Product” or the “Offering”) upon the following terms and conditions. By purchasing the Offering, You agree to be bound by and to abide by the following terms and conditions.
Effective Date – This Agreement shall start upon purchase by the Purchaser and shall be enforceable between the parties starting on that purchase date.
Product – The Provider agrees to provide access to all of the Product features as described in the specific Product sales page on the Effective Date. These Product features may include images, worksheets, checklists, or e-books. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
Limited License – There are currently two types of licenses that apply to Our Products. a) Commercial Extended License – You Can: Give away the digital PDF in exchange for an email address or in a contest under personal use license. Sell the digital PDF as your own under personal use license. Use it to create final product for your clients under personal use license. You Cannot: Sell or give away the editable source documents e.g. PowerPoint, Word, (where included) or assets (e.g. images). Sell or give away the product with private label, reseller, master reseller, or similar licenses. Use our name or website in connection with your products.
b) Personal Use License – You Can: Download as many copies as you want for multiple devices or make copies as long as it is only for your own use.
You Cannot: Share/distribute the product and any other assets that come with it.
Copyright – The material in the Program is covered by the provisions of the Copyright Act (Canada) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Product, including modification, transmission, presentation, distribution, republication, or other exploitation of the Product, whether in whole or in part, is prohibited without the prior written consent of the Provider.
Registration – The Purchaser agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Purchaser is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Product access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Purchaser to the Product and the related services or any portion thereof at any time, if the Purchasers fails to follow the Product guidelines. In the event of a termination of the Product, the Purchaser shall not be entitled to a refund of any portion of the fees.
Refunds – Due to the digital nature of the Product(s), refunds are not provided.
Earnings Disclaimer – You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Product(s) with different backgrounds, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Product(s) or related material(s).
Passwords– Any passwords and user IDs used for the Product are for the Purchaser’s individual use only. The Purchaser is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Purchaser agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Purchasers to change passwords. The Purchaser further agrees that the Provider will not be responsible for the unauthorized use of a Purchaser profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Purchaser’s failure to comply with these provisions.
Privacy – The Provider agrees to protect all personal information collected from the Purchaser for the purpose of providing the Product in accordance with applicable privacy legislation in the Province of Manitoba.
Legal Disclaimer – Not Professional Advice – The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors or coaches, and participation in any social media groups or chats, and shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate.
Legal Disclaimer – Technology – The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Product being unavailable or unusable for any reason whatsoever.
LIMITATION OF LIABILITY. Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Product, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES. The Product is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Product, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Product including, without limitation, the Providers provide no representation or warranty that (i) the Product will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the product hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Product will be corrected, (iv) that the product hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the product hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Product at your own risk and liability.
RELEASE AND INDEMNITY. The Purchaser hereby agrees to release the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Product (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Product. The Purchaser will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Product or otherwise relating to this Agreement (including any breach by you thereof). The Purchaser will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Product or its content.
Governing Law and Jurisdiction. The Product is provided by the Provider within the Province of Manitoba, Canada. By accessing or using the Product, the Purchaser agrees that all matters relating to your access to, or use of the Product and its content shall be governed by the laws of the Province of Manitoba, and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The Purchaser agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of the Province of Manitoba, with respect to all matters relating to their access to and use of the Product.
Customer Service Requests – If you have questions or comments or need to provide notice of any kind to the Provider regarding Product including or refunds of your Product fees, please e-mail us at contact@holisticnwhole.com.
Entire Agreement – This is the entire agreement between the Purchaser and the Provider relating to your access and use of the Product and the content therein.
