TERMS & CONDITIONS,
REFUND POLICY AND DISCLAIMER
The Agreement was last updated on September 15th, 2017
1. Thank you for engaging our services and/or placing an order with Ketovation a site operated by Ketovation (“the Company”) at ‘www.ketovation.com (“Website”).
2. By placing an order, clicking to accept this Agreement or using and/or accessing any of the Company or related services, you agree to all the terms and conditions of the Agreement.
3. If you are using the Company’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
4. The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
5. No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
6. The following words used herein have the following definitions and meanings :-
6.1 ‘Authorised Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Client.
6.2 ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
6.3 ‘Materials’ refers to any materials, goods, parts or items the Company needs to buy for the performance of the Services.
6.4 ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
6.5 ‘Services’ refers to the products and/or services hereinafter displayed on the Website (as the case may be) (subject to change).
6.6 ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
6.7 ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
6.8 ‘You or Your’ refers to the Client.
7. General terms of Services
7.1 The Company shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Client or such other terms and conditions as may be agreed in writing between the Company and the Client.
7.2 The Company shall provide to the Client all Services as specified on the Company’s website.
7.3 If in any event, the Company is unable to provide the Services, it will inform the Client as soon as reasonably possible.
8. Responsibilities, Obligations and Due Diligence
8.1 At the absolute discretion of the Company, it will provide the Client with the Services in its best endeavour to the Client.
8.2 In the event that the Company is unable to provide the Services within a reasonable period from the dates(s) and time(s) and the Company have agreed or notified the Client then the Client will have the rights subject to the terms and conditions contained herein to exercise the Client’s option to wait until the Company is available to start performing the Services.
8.3 In the event that the Company has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
8.4 Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any loses and damages incurred as a result of the termination.
8.5 The Client shall not request the Company to perform Services, which are immoral or unlawful in nature (to the extent applicable). The decision will be at the absolute discretion of the Company.
8.6 The Client shall endeavour to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
8.7 The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorised entities of the Company may experience any form of abuse, bodily harm or death.
9.1 The Company offers the following services :-
(a) Online nutritional guidance
(collectively referred to as the “Charge”)
9.2 The Company requires payment for Services to be made prior to the performance of Service.
9.3 The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Client before any payment is made.
10. Termination and Refunds
10.1 After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Company when performance by the Company has not begun.
10.2 Any refunds made by the Company will be with reduction of the direct costs including any handling costs.
10.3 Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
10.4 On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
10.5 In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
LIABILITY, EXCLUSION AND LIMITATIONS
11. The Company warrants to the Client that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s request.
12. The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
13. The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
14. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.
15. The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
16. Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
18. Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest to the Client.
19. The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect upon the next Service.
20. Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
21. If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
22. Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
23. Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client where permitted to do so.
24. The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
25. The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
27. This Agreement is governed by the laws in the province of Ontario, without regard to choice or conflict of law rules thereof.
28. The Company welcomes your questions or comments regarding the foregoing Terms.
Email : [email protected]
Effective as of September 15th, 2017
1. Ketovation (“the Company”) with its website at ‘www.ketovation.com’ (“the Website”) provides online nutritional guidance.
2. The Company stands behind the quality of everything we sell and hope you are happy with your products.
3. Our products are fully warranted against defects in materials and workmanship.
4. Subject to the final discretion and approval of the Company, if you are unsatisfied with your products you purchased from the Company, you can return your item(s) as follows :-
(a) Customers will receive a full refund or exchange credit towards other Ketovation products if returned in brand new condition within 14 days of purchase.
(b) Digital products, which are purchased and downloadable such as the Ketovation Program and The Complete Keto Diet are not eligible for return or refund.
5. Need to make a change? At this time, we do not offer product exchanges. You may return your t-shirt within 14 days using our free returns option for a full credit and re-order your replacement item.
6. We will process your return within 7-10 business days of receipt and apply a credit to your original payment method. You’ll receive an email from us when this is complete. A credit will appear on your next statement, depending on the issuing bank and billing cycle. We do not refund shipping charges.
7. The Company welcomes your views in respect of the foregoing terms.
Email : [email protected]
Address: PO Box 87546, L3T7R3 Thornhill, ON, Canada
Effective as of September 15th, 2017.
2. The Company provides nutritional services.
3. Your privacy on the Internet is of the utmost importance to us. We will never share your personal information with any third party, but because we may gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
4. The private information you provide on the Website will be used only for its intended purpose.
5. By using the Website, you consent to the data practices described hereinafter.
6. As a general rule, the Company does not collect personal information about you when you visit the Website, unless you choose to provide such information to us. Submitting personal information through the Website is voluntary. By doing so, you are giving the Company your permission to use the information for the stated purpose. However, not providing certain information may result in the Company the inability to provide you with the Services (hereinafter defined in Clause 7).
7. If you choose to provide us with personal information on the Website, through methods such as submitting information through our Website, giving the Company a call and/or sending us an email at [email protected], we may use that information to help us provide you with information and/or service(s) (collectively referred to as (“the Services”)).
8. We may also use the personal information to respond to any of your message(s) and/or feedback(s). The information we may receive from you varies based on what you do when visiting the Website.
COLLECTION OF PERSONAL INFORMATION
9. By using the Website and its functions, you may provide basic information such as, including but not limited to, your name, phone number, address and email address which allows us to send information, provide updates and/or process the type of Services you so desire.
10. If you sign up with the Company and/or purchase services through the Company, we may also collect, inter alia, billing and credit card information.
11. The Company encourages you to review the privacy statements of the Websites you choose to link to and from the Company so that you can understand how those Websites collect, use and share your information (“Third Party Website”). The Company is not responsible for the privacy statements or other contents on the Third Party Website outside of the Company’s Website.
THE NATURE OF PERSONAL INFORMATION WE COLLECT
12. Personal information we collect which you may provide to us includes, inter alia:-
12.1 ‘Identifying information’ (i.e. name, date and place of birth, gender, age);
12.2 ‘Contact information’ (i.e. home / office address, home / mobile / office phone numbers); and
12.3 ‘Financial information’ (i.e. bank account and number, credit card number and details).
13. As a general rule, you have the right not to provide the foregoing information when dealing with the Company and/or when we provide the Services to you. However, not providing certain information may result in the, inter alia, inability to provide you with the Services.
AUTOMATICALLY COLLECTED INFORMATION
14. We collect and temporarily store certain information about your visit for use in site management and security purposes only. We collect and analyse this information because it helps us to better design the Website to suit your needs. We may also automatically collect information about the web content you view in the event of a known security or virus threat.
The information includes, inter alia :-
14.1 The internet domain name from which you access our Website (for example, “xcompany.com” if you use a private internet access account, or “yourschool.edu” if you connect from an educational domain);
14.2 The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;
14.3 The type of browser used to access our Website;
14.4 The operating system used to access our Website;
14.5 The date and time you access our Website;
14.6 The Universal Resource Locators (“URLs”) or address of the pages you visit;
14.7 Your username, if it was used to log in to the Website; and
14.8 If you visited this Website from another website, the URL of the forwarding site.
INFORMATION COLLECTED FOR TRACKING AND CUSTOMIZATION (COOKIES)
15. A ‘cookie’ is a small file that a website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the Website that provided it, and no other Website can request it. There are two types of cookies:
15.1 ‘Session’: Session cookies last only as long as your web browser is open. Once you close your browser, the cookie is deleted. Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site.
15.2 ‘Persistent’: Persistent cookies are saved on a user’s hard drive in order to determine which users are new to the site or are returning.
USE OF YOUR PERSONAL INFORMATION
16. The Company collects and uses your personal information to operate the Website and deliver the Services.
17. The Company does not sell, rent or lease its customer list to third parties.
18. The Company may, from time to time, contact you on behalf of, including but not limited to, third parties about a particular offering that may be of interest to you. In those cases, your personal information (i.e. email, name, address, telephone number) is transferred to the third party.
19. The Company may share data between/with, inter alia, the third parties to help perform statistical analysis send you email, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these Services to the Company and they are required to maintain the confidentiality of your information.
20. The Company may keep track of the Website and pages our users visit within the Company, in order to determine what the Company services are the most popular. The data is used to deliver customized content and advertising within the Company to customers whose behaviour indicates they are interested in a particular subject area.
DISCLOSURE OF YOUR PERSONAL INFORMATION
22. Personal information may be disclosed and/or supplied between the third parties. When personal information is disclosed and/or supplied between the third parties all terms and conditions contained herein shall have effect for the purpose of protecting your personal information.
23. Compliance with legal requirements for the enforcement of law, regulations, court orders, subpoena, warrant during the course of a legal proceedings or otherwise may render our need to disclose personal information.
24. Personal information may also be used to protect and safeguard the copyright, trademarks, legal rights, intellectual property rights or safety of the Company.
SECURITY OF YOUR PERSONAL INFORMATION
25. The Company secures your personal information from unauthorized access, use or disclosure.
CHILDREN UNDER THIRTEEN
26. The Company does not knowingly collect personal information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Website.
OPT-OUT & UNSUBSCRIBE
27. The Company respects your privacy and gives you an opportunity to opt-out of receiving information in respect of the Services by contacting us at [email protected]
29. The Company welcomes your questions or comments regarding the foregoing Terms.
Please find us [email protected]
Effective as of September 15th, 2017
1. Welcome to Ketovation (“the Company”).
2. This website is owned and operated by Ketovation.
3. Our principal place of business is at PO Box 87546, L3T7R3 Thornhill, ON, Canada
4. In the context of electronic messaging, “spam” means unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
5. We have a zero-tolerance spam policy.
6. Our messaging systems automatically scan all incoming email and other messages and filter out messages that appear to be spam.
7. We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.
SPAM FILTERING ISSUES
8. No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
9. If you believe that a legitimate message you have sent has been filtered out by our systems, please advise the message recipient by another means.
10. You can reduce the risk of a message being caught by the spam filters by:
(a) sending the message in plain text (instead of, or in addition to, HTML);
(b) removing any message attachments;
(c) avoiding the terminology and text styling typically used by spammers; and/or
(d) ensuring that your messages are scanned for malware before dispatch.
11. We provide a facility that enables users to send email messages OR private messages.
12. Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
RECEIPT OF UNWANTED MESSAGES FROM US
13. In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.
14. We may amend this policy at any time by publishing a new version on our website.
15. The Company welcomes your questions or comments regarding the foregoing Terms.
You may contact us at [email protected]
Effective as of September 15th, 2017.
1. Ketovation (“the Company”), located at ‘www.ketovation’ (“the Website”) is an online nutrition platform that provides nutritional guidance.
2. The Company is not, inter alia, professionals and in no event whatsoever is the Company claiming to be.
3. The contents on the Website are not, without limitations, advice and/or professional advice and should not be construed and/or considered to be.
4. For the avoidance of doubt, the Company is not in any way whatsoever licensed or certified doctors and in no way whatsoever is it or any of the staff representing the Company be construed as such. You are hereby strictly advised to consult your family doctor and/or consult a physician before engaging any of the Company’s services.
5. In order to follow this program, you must first undergo a health screen to rule out any rare conditions or contraindications with your health or medications with a Ketogenic Diet.
6. This diet is not appropriate for people with any stage of kidney disease, or any pre-existing liver, pancreatic or kidney issues or conditions. Some rare conditions such as Muscular Dystrophy and other conditions may complicate and severely distress the pancreas, liver or kidneys.
7. This diet is not appropriate under any circumstances if you currently have blood sugar issues such as hypoglycemia or type 1 diabetes. It may or may not be appropriate if you have type 2 diabetes however it will require doctor supervision.
8. This diet may not be appropriate or safe for people who are pregnant, nursing or who have Gestational Diabetes.
9. This diet may not be appropriate for anyone suffering or recovered from an eating disorder.
10. By agreeing to these terms, you are affirming that you do not have any of the above medical conditions, and you are proceeding at your own risk, with your doctor’s approval.
11. No warranties
11.1 The general information and services on the Website is provided without any representations or warranties express or implied.
11.2 Without limiting the scope of Section 4.1, we do not warrant and/or represent that the information and/or the services on the Website:-
(a) will be constantly available, or available at all; or
(b) is true, accurate, complete, current or non-misleading.
12. Interactive features
12.1 The Website may include interactive features that allow users to communicate with us.
12.2 You acknowledge that, because of the limited nature of communication through the Website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.
12.3 Any assistance you may receive using any of the Website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.
CONTENTS ON THE WEBSITE
13. All information contained, posted and/or displayed on the Website is for information purposes only.
14. The Company is not and will not be liable, either expressly or in an implied manner, and is not responsible for any physical and/or emotional problems that may and/or could occur from any of the information on the Website.
DISCLAIMER OF WARRANTIES
15. You agree that use of the Website is at your sole risk. All information and content are provided on an “as is” and “as available” basis.
16. The Company, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and/or content available through the Website.
17. The Company does not guarantee the Website to be error-free, secure, continuously available or free of viruses or other harmful components.
18. You also agree that if you rely on any data or information obtained through the Website, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.
19. The Company and the contents and/or information on the Website are provided with the understanding that neither the Company nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counselling or other professional services or advice. The contents and/or information on the website are not substitute for professional services or advice.
20. The Company its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through the Websites including without limitations, references to websites, other than those express warranties the Company itself specifically makes.
LIMITATION OF LIABILITY
21. Under no circumstances will the Company or its affiliates, agents or licensors be liable to you or anyone else for including but not limited to any loss and/or damages arising out of your use of any of the Website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.
22. Without prejudice to Clause 14 herein, nothing in this disclaimer will :-
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liability that may not be excluded under applicable law.
THIRD PARTY LIABILITY
23. By using the Website, you agree and consent that any loss and/or damages arising out of or in connection to, without limitation to the negligence, fault, mistake, misrepresentation and/or fraud of any third party and/or any services provided to you by the third party is the responsibility and liability of the individual and/or group of third party, and you hereby agree that you will only claim against and seek relief against the third party and the Company will be free of any liability/responsibility whatsoever.
24. In the event that the Company becomes a party to the third party proceedings, you agree to indemnify, defend and hold harmless, without limitations, 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 without limitations, the negligence, fault, mistake, misrepresentation and/or fraud of the third party.
Effective as of September 15th, 2017.