Terms and Conditions
Collection of Personal Information
iHEALTHe® WELLNESS TERMS AND CONDITIONS
Last updated on April 21, 2021,
Welcome to iHEALTHe® Wellness.
Thank you for using our products and services. These Terms and Conditions of Service (the “Terms”) apply to the use of the www.ihealthwellness.com website domain (the “Website”), including the use of any and all features, products or offerings found on our website (together, the “Services”) by any user or visitor of our website domain (“you”, “your”). The Services are operated and provided by iHEALTHe™ Wellness, incorporated as 11605194 Canada Inc., also known as iHEALTHe™ Institute, together with our affiliates and subsidiaries (referred to collectively as “iHEALTHe™”, “us”, “we”, “our”), located at 389 Signet Drive, North York, Ontario, M9L 1V3, Canada.
Please read these Terms carefully before using our Services. By using or accessing any part of our Services, you are agreeing to be bound by these Terms. These Terms are a legal contract between iHEALTHe™ and you. You confirm that you possess the legal right and capacity to understand and agree to these Terms, and you are not a minor. If you do not agree with these terms in whole or in part, you are not permitted to use our services. We reserve the right to change these Terms from time to time by changing them on this page. By using this Website after we post any changes to these Terms or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms, you should not use our Services and, if applicable, you should arrange to cancel your registered user account or subscription with us.
Table of Content
- Restrictions on Use
- License Grant to and by User
- Intellectual Property Ownership
- Business uses of our Services
- Health Disclaimer
- Cancellation Policy
- Refund Policy
- Modifying and Terminating our Services
- Limitation of Liability
- Disclaimer of Conditions and Warranties
- Third-Party Website
- Miscellaneous Terms
- Governing Law
- Choice of Language
- Contact Us
By using our Services, you are entering into a contract with iHEALTHe™ under these Terms. In order to use our Services, you must agree to these Terms. By using our Services, you agree to be legally bound and to abide by these Terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof).
You must be at least the age of majority or older in your jurisdiction of residence to use our Services, except on consent of your parent or legal guardian. If you reside in a jurisdiction that restricts the use of the Services because of your age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use our Services.
Restrictions on Use
You warrant that the information you provide us is accurate and complete and that you will keep this information current through your account, which is accessible via our website. You acknowledge that our Services contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content“) that are protected by copyrights, patents, industrial designs, trade-marks, trade secrets and/or other intellectual property or proprietary rights, as the case may be, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under Canadian copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the “look and feel,” selection, co-ordination, arrangement, and enhancement of such Content. All trade-marks appearing on this Website are trade-marks of their respective owners.
By using our Services, you agree that you will:
- follow any policies made available to you within the Services.
- only use the Services for your sole, personal use and will not resell the Services to a third party.
- will consult a qualified health care provider before starting our program or using any of our Services.
- not authorize others to use your account.
- not assign or otherwise transfer your account to any other person or legal entity.
- not use the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- not use the Services to cause nuisance, annoyance or inconvenience.
- not impair the proper operation of our network.
- not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit any parts of the Services, except as expressly permitted in these Terms.
- not remove, obscure, or alter any legal notices displayed in or along with our Services.
- not reuse any Content from our Services unless you obtain written consent from us or are otherwise permitted by law.
- keep secure and confidential your account password or any identification we provide you which allows access to the Services.
- provide us with whatever proof of identity we may reasonably request.
- only use our Services through a secure internet connection that you are permitted to use.
- not use the Services with an incompatible or unauthorized device; and
- comply with all applicable laws including, secondary legislation of the area in which you are present while using the Services.
iHEALTHe™ reserves the right to immediately terminate the Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
License Grant to and by User
Subject to your compliance with these Terms, iHEALTHe™ grants you a limited, revocable, non-exclusive, non-transferable license to view, download and print any iHEALTHe™ Content to which you are permitted to access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in these Terms.
We may, at our sole discretion, permit users of our Services to post, upload, publish, submit or transmit content generated by users of our Services (“User Generated Content”), such as a personal weight loss story, for the purposes of public sharing. User Generated Content will be deemed non-confidential and non-proprietary. By providing User Generated Content to iHEALTHe™ for the purposes of public sharing, you grant iHEALTHe™ a non-exclusive, perpetual, transferable, worldwide, royalty-free, right to use, copy, distribute, display, modify, make derivative works from, and disclose to third parties any User Generated Content that has been provided to us for the purposes of public sharing.
You agree to indemnify and hold harmless any member of iHEALTHe™ against all costs, expenses, damages, losses and liabilities incurred or suffered by any member of iHEALTHe™ related to any User Generated Content provided by you.
You agree to promptly notify iHEALTHe™ in writing of any User Generated Content which breaches these Terms. You agree to provide to iHEALTHe™ sufficient information to enable us to investigate whether such User Generated Content breaches these Terms. We agree to make good faith efforts to investigate such complaints and shall take such action as iHEALTHe™ as our sole discretion decides. However, iHEALTHe™ does not warrant or represent that it will block or remove (in whole or in part) or monitor such User Generated Content.
Intellectual Property Ownership
iHEALTHe™ alone (and its third-party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to all components of our Services, including the Website, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by iHEALTHe™. Our name, logo, and the product names associated with the Services are trademarks of iHEALTHe™, its affiliated companies or third parties, and no right or license is granted to use them.
Business uses of our Services
If you are using our Services on behalf of a business and/or other legal entity, you warrant that you are authorized to enter into and bind the business to these Terms. You warrant that the business will hold harmless and indemnify iHEALTHe™ and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.
If you wish to purchase any product or service made available through the Services, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email, address, phone number and fat loss goals, among others.
iHEALTHe™ uses a third-party payment processor to link the payment card you provide for the Services. The processing of payments in connection with your use of the Services will be subject to the terms, conditions and privacy policies of your credit card issuer as well as the terms, conditions and privacy policies of the payment processor. iHEALTHe™ is not responsible for any errors by or incidents involving the payment processor.
Our Services provide fat loss information and related Content and products and is intended only to assist users in addressing personal fat loss efforts. We are not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in our Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You should consult with your physician before beginning our Services.
Cancellation of the iHEALTHe™ Kit is only accepted if the Kit has not yet been shipped to you. You may cancel your product order anytime with a minimum of 24 hours’ notice of cancellation prior to cancellation taking effect. Such notice may be given by email or phone and will be accepted subject to written confirmation.
No refund will be provided when a service is deemed to have commenced and is, for all intents and purposes, in progress. This includes the shipment of the iHEALTHe™ Kit which is non-refundable once shipped. Any amount paid to us that constitutes payment for any part of our Services is non-refundable.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. iHEALTHe™ reserves the right, at our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue our Content or Services (including without limitation, the availability of any feature, database, or element) at any time by posting a notice on our website or by sending you notice through the email provided to us by you.
If a revision is material, we will try to provide notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of our Service.
If there is a conflict within our Terms, the more specific provision shall prevail. These Terms control the relationship between iHEALTHe™ and you. They do not create any third-party beneficiary rights.
Both you and iHEALTHe™ have the right to terminate use of the Services for any reason whatsoever, including the termination of services already in progress. However, there is no refund once the iHEALTHe™ Kit has been opened, and there is no refund for payments already made to iHEALTHe™. iHEALTHe™ may also stop providing Services to you or add or create new limits to our Services at any time.
We will provide you thirty (30) days’ prior notice in advance of these changes taking effect, if required by law. If you are a Quebec resident and the modified Terms either increase your obligations or reduce our obligations, you may send us a notice thirty (30) days after the modified Terms come into force to indicate your refusal of the modified Terms and to request the termination of our Services by closing and deleting your iHEALTHe™ account. Upon receipt of such notice, we will close your iHEALTHe™ account without cost or penalty.
By accepting these Terms and using our Services, you agree that you shall indemnify, hold harmless and, at our option, defend iHEALTHe™, its affiliates, subsidiaries, partners, parent company, sister company, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: your violation or breach of these Terms, your improper use of this Website or our products or offerings, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Limitation of Liability
The legislation of certain jurisdictions including Quebec’s Consumer Protection Act does not allow for certain exclusions of liability, so that some of the provisions below or anywhere else in these terms may not apply to you. For the avoidance of doubt nothing in these terms shall affect your applicable statutory rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON OUR WEBSITE; (F) ANY OTHER MATTER RELATING TO OUR WEBSITE; OR (G) any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Disclaimer of Conditions and Warranties
The Content and Services are provided on an “as is” basis, used or accessed at your sole risk. iHEALTHe™ does not make any warranty, representation, or condition that:
- any part of our Services will meet your requirements.
- the Services will be available, uninterrupted, timely, secure or free of errors, defects, malware and viruses or that our Services and Content are correct, complete, up to date, accurate, fit for a particular purpose, or non-infringing.
- the quality of any products, services, information or other material purchased or obtained by you through us will meet your personal expectations.
The above exclusions and limitations apply only to the extent permitted by law. We recognize that in some countries, you might have legal rights as a consumer. For the avoidance of doubt nothing in these Terms shall affect your statutory rights. Nothing in these Terms shall limit or exclude our liability to you to the extent that, by applicable law, such liability may not be so limited or excluded.
Our Service may contain links to third-party websites or services that are not owned or controlled by iHEALTHe™.
iHEALTHe™ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The opinions expressed or material appearing on these websites are not necessarily shared or endorsed by us and should not be considered as the publisher of such opinions or material. iHEALTHe™ is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third-party websites or services.
You should evaluate the security and reliability of any other websites linked to or accessed through our Services before disclosing any personal information to them. iHEALTHe™ is not liable for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.
The Terms (including any referenced documents) constitute the entire agreement between you and iHEALTHe™ and governs your use of our website, mobile application, and any other aspect of our Services, superseding any prior version of these Terms between you and iHEALTHe™.
These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign your rights under these Terms without prior written approval of iHEALTHe™. We may assign our rights and obligations under these Terms.
These Terms shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded. If you are a resident of the Province of Quebec, Canada, the laws in that province will apply and the courts in that province will have jurisdiction over any dispute.
The courts in some countries will not apply Canadian law to some types of disputes. If you reside in one of those countries, then where Canadian law is excluded from applying, your country’s laws will apply to such disputes related to these terms.
Choice of Language
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s’y rattache, soient rédigés en langue anglaise