By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
2. IMPORTANT HEALTH INFORMATION
People with certain serious health conditions must seek physician approval before starting any Healthee kitchen Programs. Please consult your physician before beginning any Healthee kitchen program, or any other weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. You should discuss your continued participation in the Healthee kitchen program with your physician if there is any change in your medical condition.
3. WEIGHT LOSS AND HEALTH CLAIMS
Healthee kitchen provides weight loss and health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. By purchasing from Healthee kitchen, you acknowledge that Healthee kitchen does not make any claims, guarantees, explicit or implied, for any specific results. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against Healthee kitchen. Healthee kitchen does not imply, suggest or represent that any of our programs have been approved for any individual use by one of our doctors, medical staff, supervisors or staff members. HEALTHEE KITCHEN PROGRAMS ARE NOT MEDICALLY SUPERVISED PROGRAMS. IF YOU HAVE ANY MEDICAL CONDITIONS, WE RECOMMEND AND IN SOME CASES REQUIRE YOU TO SEEK PHYSICIAN APPROVAL PRIOR TO STARTING A PROGRAM.
4 .HEALTHEE KITCHEN BILLING
When you first sign up for a subscription to a Healthee kitchen Plan (a “Plan”), you will be charged daily, weekly or monthly according to the meal plan and subscription selection. All Plans are continuous subscription plans, and you will be charged the applicable price listed for the Plan that you select on a weekly basis no earlier than six (6) days before each subsequent expected delivery date until your subscription is cancelled. If you wish to cancel or modify your subscription to a Plan, you can do so at any time by contacting us using the contact us button or call (416) 838-2951, or (416) 825-3114 however, except as noted otherwise below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the state of the order. Healthee kitchen may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of these Terms and Conditions. Price and Plan changes will take effect as of the next billing period following the date on which Healthee kitchen provided notice to you of the price or Plan change. By continuing to use Healthee kitchen after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Plan change. Please make sure you read any notifications of price or Plan changes carefully.
5. Credits and Refunds
If you are not satisfied with a meal for any reason, please contact our customer service team at firstname.lastname@example.org. All issues must be reported within five (5) days of the meal being delivered. Depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that delivery.
Following your Plan selection and placement and receipt of your first order, you may cancel or modify a subscription to a Plan at any time online by managing your account at www.healtheekitchen.ca, or by emailing us at email@example.com. Please note, however, that any amounts charged to or paid by your prior to such cancellation or modification will not be refunded, and a cancellation or modification may not impact any active order for which you have already been charged, depending on the status of the order.
It is very important that you provide us with the proper shipping information and any special instructions the delivery driver may need. For any shipping error that is caused by the carrier (including damaged packages or delayed deliveries), we will issue you a replacement delivery or replacement products at no additional charge. Please note, we may ask for pictures. For any shipping error caused by a mistake or omission of shipping information provided by the customer
Healthee kitchen reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. Healthee kitchen will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Healthee kitchen may restrict access to some parts of the Site, or the entire Site, to users, including registered users. When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Healthee kitchen for losses incurred by Healthee kitchen or another party due to someone else using your account or password. Healthee kitchen has the right to disable any user name, password or other identifier, whether chosen by you or provided by Healthee kitchen, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
9. Content Posted by You
Content posted by you may includes, but is not limited to, ratings and reviews of meals, and postings on Healthee kitchen’s social media page, and user blogs. These sites contain various pages where you and other members may post content (“Sites”). You may only post content to the Sites that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the Sites, you represent and warrant that (a) you own all of the rights to the content or are authorized to use and distribute the content to these Sites and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation. By submitting or posting content to the Sites, you grant Healthee kitchen, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Healthee kitchen will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Healthee kitchen owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Healthee kitchen, using or incorporating content posted to the Sites. You should carefully choose the information you post on the Sites. Any content that you post to the Sites will be considered non-confidential and non-proprietary. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on these Sites and the consequences of posting anything on these Sites. HEALTHEE KITCHEN IS NOT RESPONSIBLE, OR LIABLE TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY CONTENT POSTED BY YOU OR ANY OTHER USER OF THE SITES.
10 .CONTENT POSTED BY OTHER USERS
Healthee kitchen is not responsible for, and does not endorse, content in any posting made by other users on the Sites. You are solely responsible for your reliance on anything posted by another member on the Sites. Under no circumstances will Healthee kitchen be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites. If you become aware of any misuse of the Sites by any person, please contact Healthee kitchen at firstname.lastname@example.org. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Healthee kitchen has the right to remove any user contributions from these Sites for any or no reason. Healthee kitchen reserves the right to take necessary legal action against users.
11. Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Healthee kitchen reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of Healthee kitchen, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
- Using the site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Healthee kitchen in its sole discretion or pursuant to local community standards. Healthee kitchen takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Healthee kitchen, exposes Healthee kitchen or any of its customers or suppliers to any liability or detriment of any type.
Healthee kitchen reserves the right-but is not obligated-to do any or all of the following:
- Record the dialogue or content posted on any pages of the Site;
- Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
- Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate a user’s access to the site upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any posting on the site; and
- Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
Healthee kitchen may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Without limiting the foregoing, Healthee kitchen has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Healthee kitchen to disclose the identity or other information of anyone posting any materials on or through the Site or any Sites. YOU WAIVE AND HOLD HEALTHEE KITCHEN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEALTHEE KITCHEN, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY HEALTHEE KITCHEN, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES. Healthee kitchen does not undertake to review any materials before you have posted them on the Sites and cannot ensure prompt removal of objectionable material after it has been posted. Healthee kitchen assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Healthee kitchen has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Healthee kitchen has the right to terminate your account and your access to the Site or Sites for any reason, including, without limitation, if Healthee kitchen, in its sole discretion, considers your use to be unacceptable. Healthee kitchen may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Site or Sites.
12. HEALTHEE KITCHEN INTELLECTUAL PROPERTY
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the Canada and other copyright laws. Healthee kitchen holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Healthee kitchen or its affiliates, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site. You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Healthee kitchen. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Healthee kitchen name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Healthee kitchen, or its affiliates or licensors. You must not use such marks without the prior written permission of Healthee kitchen. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
14. CHANGES TO THE SITE
Healthee kitchen may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Healthee kitchen is under no obligation to update such material.
15. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
16. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
17. LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Healthee kitchen has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Healthee kitchen, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Healthee kitchen. Healthee kitchen is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHEE KITCHEN, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Healthee kitchen makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Healthee kitchen cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Healthee kitchen cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Healthee kitchen cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. Healthee kitchen does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
19. LIMITATION OF LIABILITY
HEALTHEE KITCHEN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH HEALTHEE KITCHEN IS TO DISCONTINUE YOUR USE OF THE SITE. HEALTHEE KITCHEN AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HEALTHEE KITCHEN HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree to indemnify, defend, and hold Healthee kitchen, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
21. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws rules.
22. RESOLVING DISPUTES — ARBITRATION
For any complaints, please call: (416) 838-2951 or (416) 825-3114. If Healthee kitchen’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Healthee kitchen has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
23. WAIVER AND SEVERABILITY
No waiver by Healthee kitchen of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Healthee kitchen to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
24. TELEPHONE CALLS AND SMS TEXT MESSAGES
Upon signing up for the program, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Healthee kitchen can reach you with informational calls related to your transactions. All calls to and from Healthee kitchen may be monitored or recorded for quality and training purposes.
25. ENTIRE AGREEMENT
These Terms and Conditions constitute the sole and entire agreement between you and Healthee kitchen with respect to the Sites and/or Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and/or Site.
For more information or questions about your use of our website, please contact us using the “Contact Us” page. You can also reach us at: email@example.com or call (416) 838-2951 or (416) 825-3114