TERMS AND CONDITIONS OF USE

Last updated on June 8, 2024

IMPORTANT: PLEASE READ THESE TERM AND CONDITIONS OF USE CAREFULLY

BEFORE USING THIS WEBSITE!

This website (“Site”) is owned and operated by Kim Desmarais Holistic Nutrition & Wellness,

business operating under the laws of British Colombia, Canada. In these Terms and Conditions

of Use (“Terms”), “we”, “us” and “our” refer to Kim Desmarais Holistic Nutrition & Wellness and

the terms “you” or “your” refer to any individual user of our Site.

It is your responsibility to carefully read these Terms prior to using our Site or purchasing or

accessing any of our services, products, content, webinars, courses, resources or member’s

platforms (collectively, “Services”). These Terms govern and define your use of the Site and

Services and are legally binding on you.

We reserve the right to update and change these Terms at any time and it is your responsibility

to review these Terms periodically. You can review the most current version of our Terms at any

time by visiting this page. Your continued use of or access to the Site and/or Services affirms

your acceptance of any changes to our Terms.

USE OF OUR SITE AND SERVICES

Acknowledgement and Consent to Terms

When you accessed our Site, you were given reasonable notice that these Terms existed. By

accessing and continuing to use our Site and/or Services, and by actively clicking the

acknowledgement box agreeing to these Terms and our Privacy Policy, you are legally bound to

these Terms and our Privacy Policy whether or not you have read them. If you do not agree

with any of our Terms, please discontinue use of our Site and Services immediately. If you wish

to have any of your personal information and/or access to our Site removed, you may email us

at hello@kimdesmarais.com and we will make reasonable efforts to do so. More information

about how we collect, process and store your personal information can be found in our Privacy

Policy.

Minimum Age

You warrant to us that you are at least 18 years old or the minimum legal age of majority in your

province and/or country of residence to use our Site and/or Services. Using our Site and

Services if you are under 18 years old or the minimum age in your province and/or country is a

violation of use, and we reserve the right to terminate your access if it is discovered you are a

minor.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site or Services, including but not

limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically

harmful material that would harm the functionality of, or jeopardize the security of our Site. We

will immediately report any such breach or what we deem in our discretion to be harmful

activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold

us harmless from any and all third-party claims, liability, damages and/or costs arising from your

use and misuse of our Site and/or your breach of these Terms.

Updates and Changes to Site

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content

on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to

modify or discontinue, in whole or in part, any Services offered, or prices for Services on our

Site, without notice, at any time. We are not liable to you or any third-party for any modification,

price change, suspension or discontinuation of any Services.

FEES AND REFUNDS

Fees

Fees for our Services are as listed on our Site and are in CDN dollars. We reserve the right to

change our Fees at any time and without notice.

Refunds

Any refunds issued will be in our sole discretion and determined on a case-by-case basis.

No Chargebacks

You acknowledge and agree that these Terms supersede the terms of use and refund policies

of any third-party payment processor or platform used by us to administer the Services. You

further agree to be responsible for any fees, including legal fees, incurred by us as a result of

recouping payments owing to us as a result of your initiation of any chargeback.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

Intellectual Property Rights

All images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks,

copyright and service marks (collectively, “Intellectual Property”) are owned by us, unless

attributed otherwise. All content on the Site is proprietary to us.

If you wish to use, publish or refer to any of our Intellectual Property, you must do so by first

requesting permission by emailing us at hello@kimdesmarais.com Permission is not granted

until you receive such express permission in writing from us and any terms we outline for use,

which may include you providing obvious credit to us and including a link back to the webpage

on our Site and/or to the social media platform where our Intellectual Property was originally

posted. In no event do you obtain any rights or ownership in our Intellectual Property, or may

you claim that it is your own content or creation.

Use of Materials

When as part of our Services, you are provided with certain materials for your personal use

such as meal plans, worksheet and courses you acknowledge that you do not obtain any

ownership interest or other rights to the materials and all copyrights and intellectual property

remain with us. As a condition of your use of any materials provided to you through this Site or

Services, you may not, under any circumstances, reproduce, copy, modify, sell or use such

materials except as it was originally intended when it was provided by us to you.

Course, Guide or Program Use and License

Subject to and in accordance with these Terms and any additional guidelines provided by us,

upon purchasing a Course, Guide or Program (collectively, “Course”), we grant you a limited,

non-transferable, non-assignable, non-exclusive, revocable license (“License”) to make

individual use of the Course, including any Course updates. This License provides you the

ability to view the Course in accordance with this License. Specifically, you may not modify,

copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works,

exploit or distribute in any manner or by any means (including by email, on any social media

platform or other electronic means) any materials or content provided by us as part of the

Course. You may however, from time to time, download and/or print the Course materials as

needed for your personal and individual use only, and provided that you keep intact all copyright

and other proprietary notices. You may not assign or transfer your obligations or rights granted

under this section to any person at any time. We reserve the right at any time to revoke the

License and terminate your access to the Course at any time if we, in our sole discretion,

discover or determine that you have violated these Terms. We will make reasonable efforts to

notify you of any violation of the Terms and the opportunity to remedy your violation. If,

however, you fail to remedy the violation or continue to violate these Terms, we will terminate

your access to the Course and you will not be entitled to any refund of fees. Any refunds issued

will be in our sole discretion and determined on a case-by-case basis.

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We expressly

reserve the right to take whatever legal steps necessary to protect and defend our Intellectual

Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to

indemnify, defend and hold us harmless for any and all damages, costs and expenses, including

legal fees, arising from your use of our Intellectual Property and our enforcement of our rights.

SECURITY

Security

If at any time you are required to create a username and password to access any Services, it is

your responsibility to protect your username and password from theft or any other means of

unauthorized use that would violate these Terms. If you become aware that your password has

been compromised or your account has been breached, it is your responsibility to notify us

immediately by sending an email to hello@kimdesmarais.com

Use of Third-Party Applications

In order to run our Site and provide our Services, we use a number of third-party applications for

processing payment, delivering electronic newsletters and booking systems. For more

information as to how your personal information is collected, stored and processed, please refer

to our Privacy Policy. You understand that it is your responsibility to review the terms of use for

any such third-party applications. If you do not agree with the terms of use for any third-party

application used by our Site, please discontinue use of our Site and Services immediately.

Confidentiality

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly

stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary

duty.

Your Communication with Us

Any communications made through our ‘contact’, blog, blog comments, newsletter sign up,

appointment booking, contact page or other related pages, or directly to our phone(s), mailing or

email addresses, is not held privileged or confidential and may be subject to viewing and/or

distribution by third-parties. We own any and all communications displayed on our Site, servers,

comments, emails, social media, or other media as permitted under law and will not give credit

or pay royalties for unsolicited user-generated content such as blog comments or emails. For

more information on when and how we store and use your communications or any information

provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain the right to republish any communication or submission, in whole or in part, as

reasonably necessary in the course of our business. You agree not to submit any content or

communications that contain sensitive information or that could be illegal or serve an unlawful

purpose, including, but not limited to communications that are potentially libelous or maliciously

false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right,

in our sole discretion, to block your access to our Site and Services as a result of any such

behaviour that we deem inappropriate.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk

You expressly acknowledge and assume all risk associated with your access to the Site and

Services and any subsequent actions you choose to take, or not to take, as a result of the

information, influence or educational materials provided to you.

Warranties Disclaimer

We make no warranties as to our Site, the Services or any related materials. You agree that all

Services and related materials are provided “as is” and without warranty of any kind either

express or implied. To the fullest extent permissible pursuant to applicable law, we expressly

disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a

particular purpose and non-infringement.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect,

or consequential loss or damage incurred by you or others in connection with the use of our Site

or the Services, including without limitation any liability for any accidents, delays, injuries, harm,

loss, damage, death, lost profits, personal or business interruptions, misapplication of

information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue,

loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill,

and for any other loss or damage of any kind, however and whether caused by negligence,

breach of contract, or otherwise, and whether foreseeable or unforeseeable.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are

not indicative of guaranteed results. Each individual user approaches our Services with different

backgrounds, disposable income levels, motivation, and other factors that are outside of our

control. We cannot guarantee your success, business growth or financial gain, or increased

social media following merely upon access of our Site or your use of Services.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal

conduct of any other participant or user, including you.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and

platforms from which to access our Site and Services. In the event of a technological failure, you

accept and acknowledge that we are not in any way responsible or liable for said failure and any

resulting damages to you or your business. While we will make reasonable efforts to support

you, some technological issues are outside our control and you may need to access support

from a third-party provider. We do not warrant that the Site or Services will be functional,

uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that

any part of the Site or Services are free of viruses or other harmful components. We do not

warrant or make any representations regarding the use or the results of the use of our Site,

Services or related materials, or on third-party websites in terms of their correctness, accuracy,

timeliness, reliability, or otherwise.

No Guarantees

While we may reference certain results, outcomes or situations on this Site or Services, you

understand and acknowledge that we make no guarantee as to the accuracy of any third-party

statements or the likelihood of success for you as a result of any statements or testimonials

contained on our Site or as part of the Services.

Not Professional Advice

We are not medical, legal, financial, or other government regulated professionals, or if we are,

your use of our Site does not mean we are providing our professional services to you. You

expressly acknowledge and agree that we are not acting in any professional capacity, including

medical, legal, financial, or otherwise during the course of any Service. No part of our Site, the

Service or any related content or materials are to be construed as medical, legal or financial

advice. We expressly disclaim any and all responsibility for any actions or omissions you

choose to make as a result of using this Site and/or Services.

Third-Party Contributors

We may provide content to you written or presented by third-party contributors on our Site.

While we make our best effort to ensure all of our writers or contributors are qualified in their

industry and reflect our values, we make no guarantees of quality or accuracy. All written or

visual content on the Site are opinion pieces and must not be interpreted as our opinion or as

specific advice. We are not liable for any third-party contributors’ content or opinions. You must

not rely on Site content or third-party contributors’ opinions and always seek the appropriate

professional advice.

Online Store Disclaimer

Certain Services may be available exclusively online through the Site and in limited quantities.

We have made every effort to display as accurately as possible the colours and images of our

products that appear on the Site. We cannot guarantee that your computer monitor's display of

any colour will be accurate. We reserve the right, but are not obligated, to limit the sale of

Services to any person, geographic region or jurisdiction. We may exercise this right on a case-

by-case basis. All descriptions of Services and pricing of Services are subject to change at any

time without notice and we reserve the right to discontinue any product at any time.

We do not warrant that the quality of any Services will meet your expectations, or that any errors

in the Service will be corrected.

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

Release, Indemnity and Waiver

Our Site and related materials are provided for educational and informational use only. You

agree to indemnify release and save harmless Kim Desmarais Holistic Nutrition & Wellness and

its agents, employees, contractors, volunteers, heirs, executors, administrators, successors,

and assigns (collectively, “Released Parties”) for any direct or indirect loss or damage incurred

as a result of your use of our Site, Services or any related communications, including as a result

of any consequences incurred from technological failures such as a payment processor errors

or technological malfunctions. You further waive any right you may have against the Released

Parties and any legal recourse for any damages, costs, losses or expenses you may incur as a

result of your use of the Site or Services. You acknowledge this release of liability is binding on

your heirs, executors and anyone else who may be able to bring a legal action on your behalf in

the future.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products, or materials

that you request or receive through or in relation to our Site or the Services. We do not assume

liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative

outcomes as a result of your access of our Site and Services.

Affiliates

We may use affiliate links to sell certain products or services on our Site. In doing so, we

disclaim any and all liability as a result of your purchase through one of the links, including but

not limited to, the delivery, quality and safety of the purchased product or service. We will use

reasonable efforts to notify you when and where we have placed affiliate links in addition to this

disclaimer located in these Terms. You accept express liability for any and all consequences or

benefits of clicking the affiliate links contained on our Site or related communications. You agree

it is your obligation to read the terms and conditions for any affiliate site, services or products.

Termination of Your Use

If at any time we believe that you have violated these Terms, we shall immediately terminate

your use of our Site, the Services and any related communications as we deem appropriate and

in our sole discretion. At any time, we may block or revoke your access of our Site and Services

without notice, and if necessary, block your IP address from further visits to our Site.

Full Agreement

You acknowledge that these Terms, together with our Privacy Policy constitute the full

agreement relating to your use of the Site and Services.

Governing Law and Jurisdiction

These Terms as well as our Privacy Policy are governed by and interpreted in accordance with

the laws of British Columbia and the federal laws of Canada where applicable. Any disputes

arising directly or indirectly from this Agreement will be submitted and heard exclusively in the

courts of North Vancouver, British Columbia.

Dispute Resolution

If we are unable to resolve any dispute related to these Terms by informal negotiations, then

any resolution of this dispute will be conducted by mediation prior to pursuing any other

available remedy in relation to the dispute. The Parties may agree to virtual mediation, when

available.

Severability

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the

validity, legality and enforceability of the remaining provisions will not, to the extent permitted by

law, in any way be affected and will remain enforceable.

Survival

These Terms shall survive and will continue to be in full force and effect notwithstanding your

decision to discontinue your use of our Site.

Waiver of Breach

The waiver by us of any breach of these Terms by you will not be taken to be a waiver of any of

your future breaches. We reserve the right to exercise or enforce our rights at a later date.

All Rights Reserved

All rights not expressly set out and granted in these Terms and/or our Privacy Policy are

reserved by Kim Desmarais Holistic Nutrition & Wellness.

Contact

If you have any questions about these Terms, please send an email to: hello@kimdesmarais.com