terms of use

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WEBSITE TERMS OF USE

These Terms of Use (the "Terms") set out the terms and conditions that apply to your use of the shiftworknutrition.com website and any online courses or course material that may be offered or accessible through the website (collectively referred to as the "Website"). The Website is owned and operated by Raina Beugelink dba Shiftwork Nutrition (the “Owner”). By accessing or using the Website or registering for any course, you acknowledge and agree to be bound by these Terms, which form a legally binding agreement between you and the Owner.

If you are unwilling to accept all or any part of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.

DISCLAIMERS AND LIMITATIONS ON USE

The information and materials provided through the Website, including without limitation, text, graphics, course materials and photos, are provided for educational and informational purposes only. They are not intended to be relied upon as professional, dietary, or medical advice or treatment of any kind. 

The Owner does not endorse any specific diets or treatments and cannot guarantee the safety or efficacy of any specific diet or treatment. You should always consult with a licensed dietitian or medical professional for personalized advice before making any changes to your diet or taking any courses related to the same. If you have any medical concerns or questions, you should promptly consult a qualified health care professional.

If you wish to enter into a client-dietitian relationship with the Owner for the purposes of receiving personalized advice from a registered dietitian, a separate written Client-Dietitian Agreement must be executed between you and the Owner.

All nutrition information and recommendation are based on Canadian guidelines. Participants living outside of this geographical area should refer to the health guidelines for their region of residence. 

The Owner does not assume any responsibility for nutrition recommendations provided through My Viva Plan. 

LIMITATION OF LIABILITY AND INDEMNITY

By using the Website or any of its contents, you agree that you do so at your own risk, and acknowledge that any modifications to your diet based on the information and content provided on the Website is at your own discretion and risk. 

The Owner shall not be liable for any indirect, special, incidental, consequential or punitive damages, or for any loss of income, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, even if the Owner has been advised of the possibility of such damages. The maximum aggregate liability of the Owner to you for any and all claims arising out of or in connection to this agreement, whether in contract, tort, or otherwise, shall not exceed the amount paid by you to the Owner during the six month period immediately preceding the date of the event giving rise to the claim. The Owner shall not be held liable for any changes in your health or medical condition, including but not limited to any adverse reactions or side effects, that may result from any change to your diet. You agree to indemnify and hold the Owner harmless from and against any and all claims, demands, causes of action, damages, losses, liabilities, expenses and costs, including reasonable legal fees, arising out of or in connection with you implementation of any dietary changes. This limitation of liability shall survive the termination of these Terms and shall apply to all claims for damages, including but not limited to breach of contract, tort, and strict liability.

COURSE SCREENING

The Owner may use a process for screening potential course registrants. This process is intended to determine, based on the limited information available to the Owner, whether the any course offered through the Website is likely to be appropriate for potential registrants. The Owner shall not be obligated in any way to conduct such screening, and if completed, such screening is not intended to be a conclusive determination of whether a particular course is suitable for a registrant. It is up to each person to determine, based on a discussion with their own health professionals, whether any course or diet is suitable for their own unique circumstances and health condition. The Owner shall have no responsibility for making such determination. 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Owner, their affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages, and costs, including reasonable legal fees on a solicitor and their own client basis, resulting from any violation of these Terms of Use by you or your use of the Website.

INTELLECTUAL PROPERTY

The content and materials on the Website, including but not limited to text, graphics, photos, course materials and trademarks, are the property of the Owner or its licensors and are protected by copyright, trademark and other intellectual property laws. You may not use, reproduce, modify, distribute, or display the content or materials on the Website without the prior written consent of the Owner. This restriction shall also apply to any videos, video calls, audio or video recordings, transcripts, and other intellectual property derived therefrom, each of which shall remain the sole property of the Owner. 

COURSE REFUNDS

Refunds for courses offered through the Website are in the sole and absolute discretion of the Owner. Any request for a refund must be made in writing to the Owner within 30 days of purchase.

CHARGEBACKS

You agree that in the event of any chargeback initiated by you or your financial institution with respect to any payment made by you through the Website, the Owner shall be entitled to retain the full amount of the payment and, if necessary, seek reimbursement from you for any costs associated with the chargeback, including but not limited to any processing fees or other costs incurred by the Owner in connection with such chargeback. You agree to cooperate with the Owner in the event of any chargeback and to provide any information or documentation requested by the Owner in connection with such chargeback.

THIRD-PARTY LINKS

The Website may contain links or other information regarding third-party websites, products, services and service providers. The Owner does not control, endorse, or assume any responsibility for such third-party websites, products, services, or service providers. You use these third-party websites, products, services, and providers at your own risk. The content, accuracy, and services offered by these third-party websites and providers are not under the control of the Owner and therefore the Owner cannot be held responsible for their content, accuracy or services. Additionally, the Owner shall not be liable for any damages or loss arising from your use of these third-party websites, products, services, or providers.

NO REPRESENTATIONS OR WARRANTIES

The Website, including without limitation the content of any courses and course materials are provided "as is" without warranty of any kind, whether express or implied. The Owner makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, or the information, products, services, course materials or related graphics contained therein for any purpose. Any reliance you place on such information is strictly at your own risk. The Owner does not warrant that the Website will be uninterrupted or error-free, and the Owner will not be liable for any interruptions or errors. To the full extent permissible by applicable law, the Owner disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

USER CONDUCT

You agree not to use the Website for any illegal purpose, or in any manner inconsistent with these Terms of Use. You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any services, user accounts, or computer systems or networks connected to the Website, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

PRIVACY

You acknowledge and agree that all information gathered by the Owner through your use of the Website shall be governed by our Privacy Policy, which is available here.

TERMINATION

The Owner may, in its sole discretion, at any time terminate or suspend all or a portion of the Website, or your use of all or a portion of the Website, with or without notice and with or without cause. The Owner may discontinue any aspect of the Website at any time. You agree that the Owner shall not be liable to you or any third party for any termination of your access to the Website.

GOVERNING LAW AND DISPUTE RESOLUTION

The Terms and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, excluding its choice of law provisions. Any disputes arising from or relating to this Agreement shall be resolved through final and binding arbitration in accordance with the Arbitration Act of Alberta, Canada, or any successor statute in force from time to time. The arbitration shall be conducted by a single arbitrator appointed in accordance with such legislation. The place of arbitration shall be in the Province of Alberta, Canada. The parties agree that the arbitration shall be confidential and that the existence of the arbitration, the proceedings and any awards arising therefrom shall not be disclosed beyond the parties and their professional advisors, except as required by law. The parties further agree that the arbitrator shall have the authority to award any remedies available under applicable law.

ASSIGNMENT

You may not assign these Terms of Use or transfer any rights to use the Website, or to take any course offered through the Website, without the prior written consent of the Owner. The Owner may assign its rights and duties under these Terms of Use at any time without notice to you.

ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the Website, constitute the entire agreement between you and the Owner with respect to the use of the Website. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

SURVIVAL AND SEVERABILITY

The provisions of these Terms of Use shall survive termination of these Terms of Use for any reason, including, but not limited to, the survival of any representations, warranties, indemnification obligations, and limitations of liabilities set forth in these Terms of Use. If any provision of These Terms, or part thereof, is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these Terms, or any valid and enforceable parts thereof, which shall remain in full force and effect. The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the intent of the original provision.

FORCE MAJEURE

The Owner shall not be liable for any failure to perform their obligations under this agreement if such failure is due to circumstances beyond their control, including acts of God, natural disasters, war, terrorism, pandemics, strikes, or other labour disputes.

CHANGES TO TERMS OF USE

The Owner reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes.

By using the Website, you acknowledge that you have read and understood these Terms of Use and agree to be bound by them. If you do not agree to these Terms, please do not use the Website.

LAST UPDATED

These Terms of Use were last updated on February 3rd, 2023.