TERMS AND CONDITIONS

Kayla Terry Nutrition

WEBSITE AND PURCHASES TERMS AND CONDITIONS

“Kayla Terry Nutrition” website located at www.kaylaterrynutrition.com (the “Website”) is owned, controlled and operated by Kayla Terry Nutrition (The Honest Holistic)

The terms and conditions set out below (the “Terms and Conditions”) apply to the use of the Website and all purchases by you (the “User”, “you”, “your”). The Website is available for you to use conditional on your acceptance of these Terms and Conditions. By accessing or using the Website, you agree to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not access or use the Website.

We reserve the right to amend these Terms and Conditions at any time. Notice of any amendments will be displayed on the Website. Your continued use of the Website following any amendment to the Terms and Conditions shall constitute acceptance by you of that amendment and you will be bound by the Terms and Conditions as amended. You should familiarise yourself with these Terms and Conditions and check for updates regularly.

A. DEFINITIONS

Where a definition is used for the first time in the Terms and Conditions, it will appear in bold text.

“Content” means all content on the Website, including without limitation text, photographs, logos, names, designs, information, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.

“Intellectual Property” means all intellectual property and quasi-intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade or services marks, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layouts, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).

“Order” means an order for purchase of the Products and/or Services placed through the Website.

“Personal Information” means any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, and is not limited to information in a material form.

“Privacy Policy” means the privacy policy on the Website (Privacy Policy) as amended or updated from time to time.

“Products” means the recipes, meal programs, nutritional guides, health programs and other related products made available for purchase from the Website, or provided through using the Services.

“Services” means the recipes, meal program and nutritional services and other related services made available for purchase from the Website.

“User Content” means any Content shared via, or submitted or uploaded to, the Website by a User of the Website.

B. TERMS AND CONDITIONS

  1. Application of Terms and Conditions

    1. These Terms and Conditions apply to all Users of the Website. By visiting, viewing, browsing, accessing or otherwise using the Website, you accept and agree to comply with these Terms and Conditions.

  2. Description of Website

    1. The Website is dedicated to:

      1. Providing general information about nutrition, food, health and wellbeing; and

      2. Promoting, offering for sale and selling the Products and Services.

  3. Privacy

    1. We will handle any Personal Information about you received by us in relation to the Website in accordance with our Privacy Policy which is available on the Website. You agree that these Terms and Conditions also include our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

  4. Your Obligations

    1. Your access to, and use of the Website, is subject to all conditions specified in these Terms and Conditions.

    2. You warrant to Kayla Terry Nutrition that you will not:

      1. Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms and Conditions;

      2. Interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to the Website or any Content through hacking, use of automated devices, scripts or bots, or other illegitimate means;

      3. Scrape or otherwise obtain any data from the Website for any purpose or use any Content to spam third parties; and

      4. Interfere or attempt to interfere with the proper working of the Website, or with any other person's use of the Website, including by transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature.

    3. You must comply with all laws and regulations applicable to the use of the Website and you are solely responsible for your conduct in the course of using the Website.

  5. Purchase of Products and Services

    1. By placing an Order via the Website, you are offering to purchase Products and/or Services (as applicable) from Kayla Terry Nutrition subject to these Terms and Conditions. Each Order you place will be a separate and binding contractual agreement between you and Kayla Terry Nutrition and with respect to the supply of the Products and/or Services in accordance with these Terms and Conditions.

    2. You agree that Kayla Terry Nutrition reserves the right in its sole discretion to accept or reject an Order, and that Orders are subject to availability of the relevant Products and/or Services.

    3. To purchase the Products and Services via the Website, you need to possess:

      1. A valid credit or debit card issued by a bank acceptable to Kayla Terry Nutrition. Your card issuer agreement will govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder; or

      2. A PayPal account, provided by PayPal Holdings Inc. (“Paypal Holdings”). The use of your PayPal account on the Website will be governed by the applicable terms and conditions set by PayPal Holdings.

  6. Pricing & Fees

    1. The prices of Products and Services are specified on the Website (“Price”). Unless otherwise stated, all Prices quoted are in Canadian Dollars. Prices are subject to change without prior notice.

    2. The Prices listed on the Website are not inclusive of GST (unless otherwise stated).

  7. Delivery of Products:For Products available electronically on our Website:

      1. The Products you purchased will be available for digital download once you have placed an Order;

      2. It is your responsibility to ensure your device is technically suitable to download the Products prior to placing an Order. Kayla Terry Nutrition takes no responsibility where the Products fail to download to your device due to a technical error; and

      3. If you encounter a technical error in attempting to download the Products, please contact kayla@kaylaterrynutrition.com for assistance.

    1. Delivery of Services

    2. For Services that are purchased on our Website, you may be required to schedule an appointment with Kayla Terry Nutrition for provision of the purchased Services (“Appointment”). If that is the case:

      1. You can schedule an Appointment by accessing the booking calendar at https://www.kaylaterrynutrition.com/book-online or telephoning or emailing Kayla Terry Nutrition

      2. You must schedule an Appointment with the appropriate duration relative to the Services that you have purchased (to be advised and directed by Kayla Terry Nutrition);

      3. If you need to cancel or reschedule an Appointment, you must provide Kayla Terry Nutrition with 36 hours notice, otherwise you will permanently forfeit the right for Kayla Terry Nutrition to provide the purchased Services;

    3. For the Services:

      1. If the Services involve any e-mail contact with Kayla Terry Nutrition, you must allow at least 48 hours for a response to an e-mail sent by you given the high volume of e-mails that Kayla Terry Nutrition receives; and

      2. You must procure Kayla Terry Nutrition to provide the Services within one year of purchase, otherwise you will permanently forfeit the right for Kayla Terry Nutrition to provide the purchased Services and refunds will not be provided.

  8. Returns Policy

    1. Kayla Terry Nutrition does not provide refunds or exchanges for our Products or Services purchased for change of mind.

    2. Kayla Terry Nutrition will only provide a repair, replacement or refund for any Products purchased via the Website if the Products do not meet the “consumer guarantees” provided for products under the Canadian Consumer Law as set out in BUSINESS PRACTICES AND CONSUMER PROTECTION ACT

    3. (but not limited to) that the Products are faulty, not of acceptable quality or do not do the things someone would normally expect them to do.

    4. Kayla Terry Nutrition will only provide a repair, replacement or refund for any Services purchased via the Website if the Services do not meet the “consumer guarantees” provided for products under the BUSINESS PRACTICES AND CONSUMER PROTECTION ACT (“Service Consumer Guarantees”), including (but not limited to) that the Services are provided with the acceptance care and skill or technical knowledge, are fit for purpose or are delivered within a reasonable time when there is no agreed end date.

    5. If you consider that any Products were sent to you in error, any Products do not meet the Product Consumer Guarantees, or any Services do not meet the Service Consumer Guarantees, you must notify Kayla Terry Nutrition by e-mail at kayla@kaylaterrynutrition.comas soon as possible after purchase.

    6. If you consider that the Products do not comply with the Product Consumer Guarantees, or the Services do not comply with the Service Consumer Guarantees, Kayla Terry Nutrition will inspect the relevant Products or Services and determine whether that is the case. If the relevant issue in a minor, Kayla Terry Nutrition will at its discretion repair or replace the Products or Services at no cost to you within a reasonable timeframe. If the relevant issue is a major problem, you will have the option to choose a replacement of, or refund for the Products or Services.

  9. Reliance on Products, Services and Content

    1. Kayla Terry Nutrition takes reasonable efforts to check the accuracy of all information contained in the Products and Content prior to publication, or in the Services when they are provided to you. However, Kayla Terry Nutrition cannot guarantee the accuracy, completeness or reliability of any information contained in the Products, Services and Content, including without limitation any nutritionist, food, health, medical or wellbeing advice. You acknowledge and agree that your use and reliance of the Products, Services and Content is on an “as-is” basis for which we hold no responsibility or liability.

    2. Kayla Terry Nutrition makes no warranty, guarantee or representation as to the quality, benefit or any other characteristic of any Products, Services or Content. You solely assume the risk of the non-medical nature and limitations of nutritional services when using the Products, Services or Content. Without limiting the foregoing, Kayla Terry Nutrition does not warrant, guarantee or represent that using or relying on the Products, Services or Content will result in weight loss, improve or alter your health in any specific way, treat a specific medical condition, or achieve any desired result(s) within a specific timeframe.

    3. The Products, Services and Content must not be used or relied on as a substitute for medical, nutritionist, healthcare or other relevant professional advice, or for the purpose of diagnosis or treatment of any medical condition. You should not use the Products, Services or Content for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

    4. Before purchasing or using any Products, Services or Content, you should seek medical advice from a suitable medical professional.

    5. Kayla Terry Nutrition is not responsible in any way for any hyperlinks to third party websites or host third party information or content on the Website. All third party content is the responsibility of its author, and Kayla Terry Nutrition does not endorse or represent the views or opinions contained therein.

  10. Intellectual Property

    1. The Intellectual Property in the Website and all Content and Products is exclusively owned and controlled by Kayla Terry Nutrition and/or our third party affiliates, licensors and/or licensees and is protected by Canadian and international law governing intellectual property rights. The Website IP and Products IP remains Kayla Terry Nutrition's exclusive property throughout the world in perpetuity.

    2. You are not permitted to save, download, reproduce, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website IP unless you have the express prior written authorisation of us. Any unauthorised use of Website IP by you is strictly prohibited.

    3. For Products purchased via the Website, you will have a non-exclusive, non-transferable and non-assignable right to view and use the Products, and for Products obtained through digital download via the Website, display one copy of the Products on a device of your choosing, for private, domestic and non-commercial purposes only.

  11. Disclaimers & Limitation of Liability

    1. Your use of, and reliance on, this Website (including all Content, Products and Services) is entirely at your own risk, and to the extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content, Products and Services), however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise), including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, computer viruses or health issues, or any indirect or consequential loss, resulting from your use of this Website, Content, Products or Services.

    2. If we are able to limit your remedy for a breach of the Non-Excludable Conditions, notwithstanding clause 10, then our liability for breach of the Non-Excludable Conditions is limited to one or more of the following at our option:

      1. For goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

      2. For services, the supply of the services again, or the payment of the cost of having services supplied again.

    3. Subject to the application of any Non Excludable Conditions, Users hereby release Kayla Terry Nutrition from all claims and Kayla Terry Nutrition is not responsible nor liable for any injury, illness, direct or indirect damage, loss (financial, reputational or otherwise) or consequential, exemplary or aggravated damages arising from:

      1. Your use of, or inability to use, the Website;

      2. Your use of, or reliance on, the Products, Services or Content;

      3. Any User Content that is created, or otherwise appears, via the Website;

      4. Any failure by Kayla Terry Nutrition or other third parties to provide any information, service, feature or functionality via the Website; and

      5. Your use of third-party services (including any sharing to third-party websites) in conjunction with the Website.

    4. Users hereby acknowledge and confirm that they are on notice of Kayla Terry Nutrition's disclaimer of warranties and limitation of liability set forth in this clause or elsewhere in these Terms and Conditions (“Disclaimers & Limitations”) and expressly agree to these Disclaimers and Limitations as a condition of using the Website.

  12. Indemnity

    1. As a further condition of using the Website, you must indemnify Kayla Terry Nutrition against all quantifiable and reasonable loss and/or damage suffered by Kayla Terry Nutrition (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a direct result of your breaching a term of these Terms and Conditions.

  13. Jurisdiction & Choice of Law

    1. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of British Columbia, Canada without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these Terms and Conditions or relating to the use of the Platform will be resolved exclusively in the Supreme Court of Canada or applicable lower court, and Users agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.

  14. Miscellaneous

    1. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall be construed as if such provisions had never been contained herein.

 

WEBSITE PRIVACY POLICY

Kayla Terry Nutrition website located at www.kaylaterrynutrition.com  (the “Website”) is controlled and operated by Kayla Terry Nutrition (The Honest Holistic)

IMPORTANT WARNING

If you do not consent to us collecting, handling or using their Personal Information in accordance with this Privacy Policy, you should not use this Website.

We can be contacted via kayla@kaylaterrynutrition.comwith any questions about the application and scope of this Privacy Policy.

DEFINITIONS

Below are some key definitions used throughout this privacy policy (the “Privacy Policy”).

  • When we say “we”, “our”, or “us”, we mean Kayla Terry Nutrition , and our officers, employees, contractors, agents, licensees and other representatives.

  • When we say “you” or “User”, we mean any person who accesses, browses or uses the Website.

  • When we say the “Privacy Act”, we mean the Privacy Act (R.S.C., 1985, c. P-21)

  • When we say “Personal Information”, we mean that term to include any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established, not limited to information in a material form, and includes Sensitive Information and Health Information.

  • When we say “Sensitive Information” we mean the definition of Sensitive Information as provided in clause 3 of this Privacy Policy.

  • When we say “Health Information” we mean the definition of Health Information as provided in clause 3 of this Privacy Policy.

SUMMARY

In order for us to operate the Website, we need to handle Personal Information. We take the privacy of Personal Information seriously. We comply with the Privacy Act as a matter of best practice.

This Privacy Policy sets out how we collect, handle and use Personal Information in connection with our operation of the Website. The Privacy Policy should be read in conjunction with the Terms and Conditions for the Website available at (“Terms and Conditions”).

This Privacy Policy may change. If we change our Privacy Policy, we will display notice of changes on the Website. Please check for updates regularly.

  1. Application and Consent
    This Privacy Policy applies to the way we handle, collect and use Personal Information in connection with the Website.
    By using the Website, you consent to our collection, use and disclosure of your Personal Information which is governed by the terms of this Privacy Policy.
    It is important that Users who do not agree to the terms of this Privacy Policy should immediately stop using the Website.

  2. Supply of Personal Information
    Before supplying any Personal Information via the Website, you should ensure that there are no restrictions on you doing so.
    We are not responsible for any mistake or negligence or other conduct on your part where you supply Personal Information which you are not entitled to supply, but we will take reasonable steps to destroy or de-identify any such wrongfully supplied Personal Information within a reasonable timeframe after you have given us notice.

  3. What kinds of information do we collect on the Website?
    The kinds of Personal Information we may collect about you includes your name, address, e-mail address, telephone number, occupation, gender, age, date of birth and credit card details.
    We may also ask you to provide the following information:

    1. Information about your racial or ethnic origin, and/or information about your religious beliefs or affiliations or philosophical beliefs (“Sensitive Information”); and/or

    2. Information or an opinion about your health, including an illness, disability or injury, or a health service that has been or will be provided to you; and/or personal information collected to provide a health service (“Health Information”).

  4. If you supply us with any Sensitive Information or Health Information, you will be taken to have provided us with consent to collect that information in accordance with this Privacy Policy.
    We may also collect non-personal statistical information, in accordance with clause 12 below.

  5. How do we collect Personal Information?
    We collect Personal Information where reasonably necessary for the proper function of the Website. The ways in which we may collect Personal Information include:

    1. When you access the Website using the internet;

    2. When you register an account for use of the Website;

    3. From third party payment services when details of your transactions on the Website are provided to us;

    4. From you as part of using the functionality of the Website, such as by placing an order through the Website for the purchase of goods or services;

    5. When we receive enquiries or correspondence via the Website or by e-mail;

    6. When you sign up to the mailing list provided on our Website; and

    7. From you through any use we may make of browser ‘cookies' or trackers on the Website.

  6. This Privacy Policy does not exhaustively list the ways in which we may collect Personal Information or the kinds of Personal Information we may collect.

  7. How do we use your Personal Information once we have collected it?
    You agree that we may use or disclose Personal Information we collect for the following purposes:

    1. To understand usage trends and patterns and improve Users' overall experience of the Website;

    2. To fix problems and respond to feedback and complaints;

    3. To enforce any agreements between a User and us, such as the Terms and Conditions; and

    4. To allow us to run the Website and perform administrative and operational tasks.

    5. To promote our business through testimonials, success stories and reviews.

  8. We will not sell or license any Personal Information to any third parties, however we may share and license non-personal statistical data to third parties, including analytics and research entities. We endeavour to aggregate this data in such a way as will de-identify individual Users.
    In addition, the Privacy Act caters for particular situations called “Permitted General Situations” where Personal Information may be disclosed outside of the purposes listed above, such as to lessen or prevent a serious threat to public health or safety, or to assist in locating missing people. Other laws, or a court, might also legally compel us to disclose Personal Information.

  9. How do we store Personal Information?
    We may store Personal Information in a variety of ways including in the cloud or other types of networked or electronic storage.
    We may store and make back-up copies of Personal Information to ensure that we are able to recover information if our systems experience a fault or outage.

  10. Are we going to contact you with direct marketing?
    We may use Personal Information to offer you new products and services or for other commercial communications from us. By continuing to use the Website, you hereby consent to receiving such marketing communications. In delivering such communications, we may contact you via e-mail.
    If you do not wish to receive direct marketing communications from us, that you may opt-out by contacting kayla@kaylaterrynutrition.com. We will always give you an opportunity to opt-out of receiving future marketing communications.

  11. How will our payment provider or appointment scheduling system handle Personal Information?
    Any handling of your Personal information disclosed to any payment provider or appointment scheduling system we may use via the Website (such as PayPal) is out of our control and is entirely the responsibility of that payment provider or appointment scheduling system. We will not be liable or responsible for the handling of your Personal Information by those third parties.
    We recommend that you make enquiries as to how any payment provider or appointment scheduling system will handle your Personal Information (by, for example, requesting a copy of the privacy policy).

  12. Are we responsible for the privacy practices of other third parties, where we provide links to those third parties, or redirect you to those third parties?
    This Privacy Policy applies solely to information collected by us with regard to the Website. We take no responsibility for the privacy practices of any third parties that we may provide links to on the Website.

  13. Can you access your Personal Information, and correct it if it is wrong?
    You can ask us to provide you with a copy of the Personal Information we hold about you. You do not need a reason for asking, but we may charge you for our reasonable expenses for preparing and sending you a copy of the requested Personal Information. We will try to respond to any such request within a reasonable timeframe. If the request would have an unreasonable impact on the privacy of others, the information is commercially sensitive, giving access would be unlawful or the request is frivolous or vexatious, we may not give you the Personal Information requested. We will take reasonable steps to see that the Personal Information we collect and store about Users is accurate, up-to-date and complete. To assist us, Users should provide correct details where requested for upload to the Website, and let us know if they believe the information we have about them is inaccurate, incomplete, out-of-date or misleading. If Users believe the Personal Information collected or used by us is false or inaccurate, they have a right to have this information corrected and we will endeavour to do so within a reasonable timeframe, at no expense to the relevant individual.

  14. How do we keep Personal Information secure?
    We take the security and safety of your Personal Information seriously. We will take all reasonable steps to protect Personal Information from misuse, interference and loss, and unauthorised access, modification or disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure and we cannot guarantee that your Personal Information will only be viewed by persons who you wish to view your Personal Information. We also cannot guarantee that the Website will be completely free from viruses, surveillance or interception.
    We will take reasonable steps to destroy or de-identify Personal Information when we do not need it. However, it is your responsibility to ensure that you do not provide us with any Personal Information that we did not request. We may retain and use de-identified information.

  15. Do we use cookies, trackers and analytics?
    We may use “cookies” to store data on a User's device when they access the Website. The information stored in the cookie would be used to identify a User's browser or device. We use this information in order to enable us to operate an efficient service, to track the patterns of behaviour of Users of the Website and to collect statistical information about visitors to the Website, including but not limited to IP addresses, geographical location, how Users arrived at the Website and information about the device being used to access the Website such as the browser, operating system and/or mobile device type. We would collect this information in order to improve our Website, direct the most appropriate content to Users and remember a User's preferences for next time they access the Website.
    Please note that Users are able to opt out of cookie technology through changing the settings on their browser, but this may affect the way Users experience our Website.

  16. Will we transfer Personal Information to anybody?
    If we change our business structure (for example by incorporating, or by bringing on board new partners), then, in our sole discretion, we may transfer, sell, license or assign your Personal Information collected to one or more relevant third parties. This may make your Personal Information subject to a different privacy policy and if that is the case, we will post notice of this on the Website.

  17. Who can I contact with questions and complaints regarding this Privacy Policy?
    If you have any questions or if you think something is not quite right, please contact us at any time by emailing kayla@kaylaterrynutrition.com:.

 

AFFILIATE DISCLOSURE

This website contains affiliate links, which means we may receive a percentage of any product or service you purchase using the links in the articles or advertisements. You will pay the same price for all products and services, and your purchase helps support our website. Thanks for being a part of Kayla Terry Nutrition.