Terms of Use

Terms Of Use
The following are the terms and conditions (“Terms”) for the use of the eatwellbewell website (“Site”), and related material and “we”, “us” and “our” refer to eatwellbewell and the terms “you” or “your” refer to any individual user of our Site.

General
It is your responsibility to carefully read these Terms prior to using our Site or purchasing or accessing any of our services, products, content or material. With each visit to the Site you signify your agreement to these legally binding Terms.

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.

Eatwellbewell owns the eatwellbewell trade name, brand and trademark and Site.

Eatwellbewell “Material” is defined as any intellectual property, legal materials, documents, contract templates, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by eatwellbewell or the Site, including any portion thereof.

Eatwellbewell “Services” is defined as any eatwellbewell service. If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or eatwellbewell Material.

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.

Use of eatwellbewell Material and Services
You agree not to use any eatwellbewell Material and Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

You are not entitled to share or distribute your purchased product with anyone who is not a party to your contract.

Eatwellbewell retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.

To access products, you must provide credit card details to eatwellbewell as required by the Site. Eatwellbewell will charge credit cards in accordance with displayed pricing in return for access to products and Services.

Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a License to evaluate the Site for that purpose only.

Programs
Eatwellbewell retains the right to implement and make changes to its affiliate program or other programs as it sees fit.

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.

License Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these Terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an internet website, or use in an automated system any eatwellbewell Material nor will you utilize eatwellbewell Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.

You agree to only use eatwellbewell Material and the Site as a customer.

Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.

The rights granted under these Terms are granted to you only.

If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.

Eatwellbewell retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or eatwellbewell Material or eatwellbewell Services at its discretion.

Assignment
This agreement cannot be assigned.

Intellectual Property
All copyright, trademarks, and other intellectual property rights (registered and unregistered) of eatwellbewell Material belong to eatwellbewell reserves all of its rights in the eatwellbewell Material. Nothing in the Terms grants you a right or license to use any intellectual property rights owned or controlled by eatwellbewell or any other third party except as expressly provided in these Terms.

Eatwellbewell Material, contains information and intellectual property that is selected and organized by eatwellbewell and represents significant work made by eatwellbewell. Nothing in the Terms should be construed as granting any license or right to use any eatwellbewell Material or intellectual property displayed or used in any eatwellbewell Material or on the Site except as expressly provided in the Terms.

You agree to the following:

Eatwellbewell Material is the property of eatwellbewell;
you will not use the eatwellbewell Material for any purpose other than is expressly permitted in these Terms;
you will not distribute in any medium any eatwellbewell Material without eatwellbewell prior written authorization or as expressly provided these Terms;
any distribution or past distribution of any eatwellbewell Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses eatwellbewell Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.

Warranties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, eatwellbewell Material and Services are provided “as is” without any kind of warranty, express or implied.

You accept full responsibility for determining whether eatwellbewell Material and eatwellbewell Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages. Eatwellbewell does not represent or warrant that eatwellbewell Material, the Site or any linked sites are free of any harmful materials.

Eatwellbewell does not authenticate users’ signatures or identities.

Release, Indemnity and Waiver
You agree to indemnify release and save harmless eatwellbewell and its agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns (collectively, “Released Parties”) for any direct or indirect loss, damage, injury, claim, liability, or consequential damage incurred as a result of your use of our Site, Materials, 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. Use of eatwellbewell Material and eatwellbewell Services is at your own risk.

Limitation of Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of eatwellbewell is the amount paid to eatwellbewell by the customer. However, where eatwellbewell has provided a Service, the maximum liability of eatwellbewell or any eatwellbewell Services is the portion of the amount paid to eatwellbewell by the customer specifically for the eatwellbewell Services as calculated by eatwellbewell.

Refunds
There are no refunds. Eatwellbewell has no obligation to refund any purchased product, Material or Service and may decide to do so in its sole discretion and 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 and Material. 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.

Client Privacy
You consent to eatwellbewell using your personal information according to its Privacy Policy.

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.

Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of Ontario, Canada. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Ontario, Canada.

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.

Dispute Resolution
Subject to exceptions specified herein, if you and eatwellbewell 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.

Entire Agreement
Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, and the Site’s Disclaimer, and our Privacy Policy constitute the whole agreement between you and eatwellbewell notwithstanding any:

Eatwellbewell Material other than this Agreement,
communication between you and eatwellbewell, including telephone, email and online chat assistance, or
announcements, newsletters or promotional materials from eatwellbewell.

Contact
If you have any questions about these Terms, please send an email to kelly.Beaton@eatwellbewell.ca