Last Update: 2022-08-31
These Terms and Conditions, along with the Privacy Policy (collectively, “Terms of Use“) governs your access to and use of himlayashada.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a user or client.
Please take the time to read these Terms of Use carefully before using the Website, or purchasing any of its products and services (the “Services”). By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
The Website and the Services are owned and operated by Eat Love Chocolate Inc. (the “Company,” “we,” or “us”).
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time at our sole discretion. All changes come into effect immediately when we post them, and apply to all access and use of the Website and the Services thereafter. Your continued use of the Website and Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date of the most recent update is indicated at the top of these Terms of Use.
PRIVACY
Your use of the Website and Services is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and Services and informs users and clients of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on the Website and Services, and the resources available for download through the Website and Services, as well as any information and resources received when you subscribe to receive our content via e-mail, are for educational and informational purposes only.
NOT PROFESSIONAL ADVICE
The information contained on the Website and Services and the resources available for download through the Website and Services is not intended as, and shall not be understood or construed as, professional advice.
The Company is not intending to provide any medical advice or offer a substitute thereof, and makes no warranty whatsoever, whether expressed or implied, with respect to any advice, product, device or therapy.
Users and clients should use their own judgment and discretion, or consult a medical expert or their personal physicians or mental / psychological health professionals for specific applications to their individual health issues or problems.
It is the users and clients responsibility to do their own research and seek professional medical advice in every instance. Any individual who has a specific health problem or is taking medications must first seek advice from his or her personal physician or health-care provider. Nothing available on or through this Website should be understood as a recommendation that you should not consult with a healthcare professional to address your particular situation. Do not cease any medication without medical advice.
PERSONAL RESPONSIBILITY
By using the Website and Services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website and Services or the resources available for download from the Website and Services. You agree to use judgment and conduct due diligence before taking any actions or implementing any plan or program suggested or recommended on the Website and Services.
You certify that your level of mental and physical health as determined by yourself, your physician and/or your mental health specialist allow you to safely participate in these Services. Some products or services imply that you will be involved in physical activity, and, as with any physical activity, you understand that there is a risk of injury.
NO GUARANTEES AS TO RESULTS
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or Services, or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether users or clients of the Company or otherwise – applying the principles set out in this Website or Services are no guarantee that you or any other person or entity will be able to obtain similar results.
ERRORS AND OMISSIONS
This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in the Website and Services is accurate, but we cannot represent that the Website and Services is free of errors. You accept that the information contained on the Website and Services may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in the Website and Services.
TESTIMONIALS
At various places on the Website and Services, you may find testimonials from users and clients. The testimonials are actual statements made by users and clients and have been truthfully conveyed on the Website and Services.
Although these testimonials are truthful statements about results obtained by these users and clients, the results obtained by these users and clients are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any Services offered on the Website or by the Company.
NO WARRANTIES
The Company makes no warranties regarding the performance or operation of this website and services. the company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
ACCESSING THE WEBSITE, ACCOUNT SECURITY AND REGISTRATION
We reserve the right to withdraw or amend the Website and our Services and any material we provide at our sole discretion without notice. We will not be liable if for any reason if all or any part of the Website and Services is unavailable at any time or for any period. From time to time, we may restrict access of the Website and the Services, partly or fully, to users and clients.
To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register, including but not limited to the use of any interactive features on the Website and our Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Company is under no obligation to accept any individual as a user or a client, and may accept or reject any subscription or registration at its sole and complete discretion.
If you choose or are provided with a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or to our Services, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
COMMUNICATION SERVICES
The Website and Services may include a variety of features, such as bulletin boards, web logs, chat rooms, forums, groups, calendars, email services, and other communication services (collectively, “Communication Services”), which allow us to receive feedback as well as be in real-time interaction with users and clients, and other features which allow users and clients to communicate with each other. Responsibility for what is posted on Communication Services lies with each user and client – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Website and Services.
The Company has no obligation whatsoever to monitor any of the content or postings on the Communication Services. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We reserve the right to remove anyone from our online community and online groups, public or private, at any time, in our sole discretion.
MATERIALS PROVIDED TO THE WEBSITE, THROUGH THE SERVICES AND FUNCTIONALITIES USED BY THE SERVICES
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize the Company and affiliate companies to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with the Company for the broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website and Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and Services or any related website for violating any of the prohibited uses.
USE OF PAID SERVICES
The Company provides various products and services – courses, programs, and associated material (collectively the ”Services”) for sale on the Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Services for your own personal use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the material that are provided through the Services in any manner.
By ordering or participating in the Services, you agree that the Services you purchase or download may only be used by you for your personal use and may not be sold or redistributed.
By ordering or participating in the Services, you further agree that you shall not create any derivative work based upon the Services and you shall not offer any competing products or services based upon any information contained in the Services.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
Certain products, services or functionalities available via the Website and Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share your information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality to users and clients.
FINANCIAL TERMS
All pricing for our Services are subject to change at any time without notice, at our sole discretion. If you have made a purchase, you are required to pay the price agreed upon at the moment of your purchase.
Except expressly mentioned in the description or our product or service or the receipt of the purchase transaction, all sales are final, not transferable, and not sharable to anyone by any means, for any reason, including, but not limited to vacation, illness and injury.
Payment for the Services by credit card will be processed in American Dollars (USD) at the time of payment. The Company is not responsible for any fees, charges, exchange rates of additional charges levied by individual financial institutions, third-party processors, or credit card companies. You are advised to check with your bank and credit card issuer for details.
You hereby authorize the Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts by the payment date noted on the invoice.
If payment is defaulted, we reserve the right to suspend or terminate any Services, at our discretion.
If the Client pays in two or more instalments, the subsequent instalments will be automatically deducted from the credit card or debited from the bank account on the agreed date(s). Hereby, the Client agrees to provide the necessary information and authorizes the debit.
If the credit card bounces for any reason, attempts to charge will be made in the following 14 days.
If the card continues to bounce or rejects the payment, or if a chargeback is claimed by the Client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency at your cost. In other words, you agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.
REFUND POLICY
We offer no refund, unless otherwise specified in specific product or service description.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s Services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Montreal, Quebec, Canana. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
GOVERNING LAWS, JURISDICTION AND COMPLAINTS
These Terms of Use are governed by the law of the Province de Quebec, and the federal laws of Canada applicable therein, without regard to the principles of conflict of law.
Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us at info@eatlove.life and we will get back to you within 72 business hours.
INTERNATIONAL USERS
The Services are controlled, operated and administered by the Company from our offices within Canada. If you access the Services from a location outside Canada, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Website and Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or Services, any user postings made by you, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website and Services. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). If you violate any part of these Terms of Use your permission to access and/or use the Website and Services automatically terminates and you must immediately destroy any copies you have made of the content provided by the Website and Services or downloadable on the Website and Services.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms and Conditions, along with the Privacy Policy, constitutes the entire agreement between the user and/or client and the Company with respect to the Website and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and/or client and the Company with respect to the Website and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
MISCELLANEOUS
Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.
TRANSLATIONS
These Terms of Use are executed in English. You agree and acknowledge that you have reviewed these Terms of Use in English. To the extent that any translations of these Terms of Use are provided, they are solely for convenience and is of no binding effect. The English language version of these Terms of Use shall control.
CONTACT US
For questions or more information contact us at info@eatlove.life
The Company will use commercially reasonable efforts to promptly respond and resolve any problem or question.