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Terms and Conditions "Terms"

Terms and Conditions ("Terms")

Last updated: October 25, 2020

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE AND OUR SERVICES, AND YOUR LEGAL RIGHTS, AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.IF YOU DO NOT AGREE TO THESE TERMS, IN WHOLE OR IN PART, PLEASE DO NOT ACCESS OR USE THE WEBSITE AND OUR SERVICES.

This website (www.spiritualityismedicine.com “Website”) and any content, offerings, and services obtained or registered for via the Website (collectively, "Services") are provided to you by Spirituality Is Medicine ("us", "we", or "our"). Your access to and use of the Website and our Services is based on your compliance with these Terms.

Permitted Users

Due to the nature of our Services, our Website and our Services may only be accessed and used by persons who are 18 years of age or older.  Certain Services and parts of our Website may be restricted to paying customers only. Our Website and our Services shall not be accessed or used in jurisdictions where such access or use is illegal or prohibited, whether in whole or in part.

No Health Care Provider – Patient Relationship

No health care provider – patient relationship is created between you and us, or any of our organizers, representatives, contractors, agents, suppliers, presenters, instructors, sponsors, founders, volunteers, employees, officers, directors, and staff (collectively, “SIM Stakeholders”). 

Not Medical Advice

Neither we, nor SIM Stakeholders, provide professional medical advice, diagnosis, treatment, care, or any other form of professional advice via our Website, our Services, or otherwise in connection with Spirituality Is Medicine. The Services are not designed to replace any medical, psychiatric, psychotherapeutic or other treatment. Never disregard professional medical advice or delay in seeking it because of something you have accessed, read or viewed on this Website. Always seek the advice of a physician or other qualified health provider licensed to practice medicine or general health care in your jurisdiction concerning any medical questions or concerns you may have. If you need immediate medical attention, please contact your health care provider or go to your local hospital emergency department.

Nature of our Services

You understand the nature of our Services, and the physical and/or mental requirements for use of any of our Services. We recommend that you consult with your health care provider prior to use of any of our Services. If you have a history of physical or mental illness, please consult with your healthcare provider to determine whether any condition, limitation or reason exists that would make it dangerous or inadvisable to access, view, or participate in, any of our Services.  Your use of our Services is your agreement that you have either consulted with your health care provider or had the opportunity to do so, and have freely decided to participate in Services. 

Personal Information & Privacy

We collect, use and disclose your personal information in accordance with our Privacy Policy.

Online Purchases

General:

Any purchase of our Services made through our Website ("Purchase(s)") are subject to the following:

• You agree to pay for all charges and applicable taxes for your Purchase.
• All our prices are displayed in Canadian Dollars, and all payments will be processed in Canadian Dollars.
You may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (if applicable). 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons (including if fraud or an unauthorized or illegal transaction is suspected.) We will not be held responsible or liable for any failure for your Purchase to complete, or any resulting loss or damages to you.

Subscriptions

Certain Purchases may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

We may, at our sole discretion, offer any Services with a free trial for a limited period of time ("Free Trial") as will be specified to you.  At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

In our sole discretion and at any time, we may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, payment for Purchases (including Subscriptions) are non-refundable.

Accounts

When you create an account (“Account”) on the Website to become a member you must provide us information that is accurate, complete, and current at all times; failure to do so constitutes a breach of the Terms. You are responsible for safeguarding, and keeping confidential, your account username and password and for any activities or actions under your username and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is prohibited by law or otherwise offensive, vulgar or obscene.

Intellectual Property & License to Use

The Website, the Services and all their contents, including but not limited to articles, opinions, photographs, images, illustrations, information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, products, services, product names, company names, trade-marks, logos and trade names, including the manner in which such content is presented, is protected by copyright and are owned or controlled by us or used by us with permission. We grant you a limited, revocable, non-exclusive, non-transferable license to display, download or print a copy of portions of the Website and the Services only for your own lawful, personal, non-commercial use provided that you may not make any modifications to such materials.  Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use our trade-marks. You further agree not to use, change or delete any proprietary notices from materials accessed or downloaded from the Website.

Posting to Website

Use of our Website may include your uploading or posting of submissions to the Website which may be viewed by other visitors to our Website (“Submissions”).  If you choose to upload or post a Submission to our Website, you acknowledge and agree that we shall not be responsible for any secondary uses of your Submission by other visitors to our Website. You agree that you shall not upload or post any Submissions that are prohibited by law or otherwise offensive, vulgar or obscene; we reserve the right to remove your Submission at our discretion from our Website. You grant SIM a royalty-free, perpetual, nonexclusive, transferable, irrevocable, unrestricted, worldwide licence to use, reproduce, translate, modify, make derivative works from, distribute, or display such Submissions for any purpose, and you waive all moral rights in your Submission in favour of SIM.  You consent to your name or username appearing as the contributor of your Submission, where applicable, and to the disclosure and display of your Submission alongside other information and visuals on our Website.

Links

The Website may contain links to third-party web sites, which are not under our control and are provided as a convenience and for your information only. We make no representations whatsoever about any such third party websites, and your access and use of such websites is at your own risk.  We are not responsible for the accuracy or reliability of any information on these websites, nor have we endorsed, investigated or verified their content.

You may provide a link (but not a framed link) to this Website from any other website, but not in any way which creates the impression that we are associated with or have approved such other site. You must always acknowledge the source via use of a clearly visible link to www.spiritualityismedicine.com.

Termination

We may terminate or suspend your access to our Website or the Services for any reason without prior notice or liability, except that your access to the Website or the Services for the purposes of fulfilling your Purchase will be revoked only if you breach these Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Website and the Services will immediately cease. You may terminate your Account on our Website by accessing your account or by contacting us.

Indemnification

You agree to indemnify, defend and hold harmless us and SIM Stakeholders from and against any claims, losses, damages, losses, obligations, costs, actions or demands caused by (a) legal and accounting fees resulting from your use of the Services; (b) your breach of any of these Terms; (c) anything you post on or upload to the Website; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Services using your account whether such access is obtained via fraudulent or illegal means.

Disclaimer, Limitation of Liability, and Waiver of Rights

The Services and Website are provided on an "AS IS" and "AS AVAILABLE" basis without any guarantees, representations or warranties of any kind (whether express or implied), including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, availability, accuracy, completeness, all of which are hereby disclaimed by us to the fullest extent permitted by law.  Without limiting the generality of the foregoing, we do not guarantee, represent or warrant that:

• the Services or the Website will function uninterrupted, be secure or available at any particular time or location, or be errors, virus, or defect free.
• any information, including prices, product images, specifications, availability, and services will be accurate. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
• your use of our Website or receipt of our Services will have any resulting effect or outcome on your physical or mental state, or otherwise. You accept all responsibility for the reactions and outcomes that you experience as a result of your participation in our Services, and you agree that you should seek medical assistance if you experience any unwanted or unusual reactions.
Neither we, nor SIM Stakeholders, shall be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, personal injury (including death), or other losses, resulting from your access to or use of the Website and receipt of Services whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage. You waive (for yourself, your family, your heirs, executors, administrators and assigns, insurers and estate or anyone else who might claim on your behalf) any right or recourse your may have against us and SIM Stakeholders, and release and discharge us and SIM Stakeholders from all legal claims, demands, damages, actions or causes of action howsoever arising, and absolve us and SIM Stakeholders from all responsibility for any loss, damage, injury (up to and including death) and costs (including legal fees) that may arise in any way in connection with your use of the Website and receipt of any of our Services.

Assign

You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If you breach any of these Terms and we choose not to immediately act, or choose not to act at all, we will still be entitled to all rights and remedies at any later date. We shall not be responsible for any purported breach of these Terms caused by circumstances beyond our control. A person who is not a party to these Terms shall have no rights of enforcement. We may assign these Terms to any successor in interest to SIM, whether by incorporation, amalgamation, asset transfer or other transaction.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms, including any documents referenced in these Terms, constitute the entire agreement between us regarding our Services and our Website, and supersede and replace any prior agreements, oral or otherwise, except that we may require you to sign additional written terms when you participate in our live in-person or online sessions or seminars, which additional terms, once signed, form a part of these Terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation.  If we do this, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were “Last updated”.Such changes will be effective when the revised Terms are posted to our Website.  You should check the Terms frequently for any revisions, and especially before your use of our Website and Services. By continuing to access or use our Website and our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Website and our Services. You may not make any changes to these Terms.

Contact Us

If you have any questions about these Terms, please contact us:

info@spiritualityismedicine.com
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