TERMS OF SERVICE
(778) 743-1277
www.toniawinchester.com is owned and operated by Naturally Well Health Solutions, a sole proprietorship existing under the laws of the province of British Columbia, Canada.
Please read these Terms and Service and our Privacy Policy carefully before accessing or making use of our services. All users of our website, products and services are conditioned upon acceptance of these Terms of Service and our Privacy Policy. We may require you to accept further terms that apply to certain features or services.
By clicking to indicate your acceptance or otherwise further access or use of any part of our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you are not allowed to use our Products and Services. Any new or updated features or tools that are added to the current website, our products and services shall also be subject to these Terms of Service.
DEFINITIONS
"Our website" or "this website" - refers to www.toniawinchester.com which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by Naturally Well Health Solutions.
"We", "Us", and "Our"- shall be used interchangeably and shall refer to Naturally Well Health Solutions, its owners, affiliates, and/or subsidiaries, and any person or entities associated with Naturally Well Health Solutions.
"Visitor"- is someone who merely browses this website but has not purchased our products or services.
"Customer/Client"- is someone that has purchased our products and/or services.
"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or Customer/Client.
“Products” – refers to our book, audiobooks, and other items that are available for purchase on our website.
“Services”- shall collectively mean our coaching services, our contents, and our website.
“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes all information a user sends to us.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
PRIVACY OF PERSONAL INFORMATION
Please see our privacy policy page to read more on how we use and safeguard your personal information.
ACCOUNT REGISTRATION AND SECURITY
To use certain features of our Services, you will be required to register an account by providing us with certain identifiable personal information (such as your name, date of birth, e-mail address, in some cases, payment information, etc.) and choosing a secure password. All personal information provided is safe and secure. Kindly read our Privacy Policy to see how we use and secure your data.
All personal information you supply us must be accurate, complete, and promptly updated if there is any change, particularly your email address.
Your account is not transferable or assignable and is void where prohibited. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through your account whether authorized by you or not, including any payment. You agree to immediately notify us of any unauthorized use of your password or any other breach of
security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
ELIGIBILITY
Who is eligible to use our Services: We are happy to have you use our Services, but our Services are limited to eligible Users.
• You are not permitted to use our Services if you are below the age of 18. Users below the age of majority require a parental or legal guardian to agree to be bound by these Terms and other terms applicable to the use of our Services. Such parental or legal guardian shall be fully responsible for any acts or omissions of the User below the age of majority.
• You are not eligible to use our Services or a certain part of our Services if they are restricted in your jurisdiction. Using our Services in jurisdictions where they are restricted is at your sole risk, you are responsible for compliance with all local laws, rules, and regulations that may apply. Furthermore, we reserved the right to restrict your usage or impose additional eligibility requirements when necessary.
• You are prohibited from further use of our Services if you have been suspended or banned from our Services. You can be eligible again if your suspension or ban is lifted at our sole discretion.
LICENSED PROFESSIONAL DISCLAIMER
The information contained on this website, our products and services, and all contents you acquire through the Coach and Naturally Well Health Solutions are for educational and information purposes only and is made available to you as a self-help resource for your personal use. You acknowledge that although Tonia Winchester is a licensed Naturopathic Doctor, she is only acting as a consultant and providing an educational service to you and no doctor-patient relationship exists between you and our business. You understand and acknowledge that we do not know the intricacies of your unique situation and any advice or recommendations provided on this Site or through our products and services are general in nature. You understand that at no time are we acting as your personal coach. Should we decide to enter such relationship, we will sign an agreement that clearly defines our intention to do so.
PRICES OF BOOK
Price of book(s) displayed on our store are subject to change at any time. Prices of book(s) available on our store are marked on their respective descriptions and are subject to VAT at the prevailing rate which will be included in the total amount during cart checkout. Delivery charges will also be included when applicable. All prices are in CAD. We may sometimes provide you with offers and discounts through promotional codes. One year money back guarantee if you don’t find our book useful.
COACHING SERVICES PAYMENTS
Fees for Naturally Well Health Solutions services vary. You agree to pay the full amount indicated on the presented invoices. If you’re unclear about the payment terms at the time of purchase, please contact vitality@toniawinchester.com for clarification. You will receive a receipt upon payment. Invoiced prices for the services specifically cover the specific service you requested; it does not include incurred expenses by the CLIENT for tasks required for the designated goals to be accomplished. All Credit Card information you submit is collected through a secure third-party payment processing company in accordance with industrial security standards. We have no direct access to the raw information of your card apart from the last four digits of your card, expiration date, and country, which may be required for tax, government regulatory, and security purposes.
You agree to have read this agreement and understand that you will be held fully responsible for its terms and charges and agree not to charge back Naturally Well Health Solutions.
Due to the non-tangible nature of our services, all payments made to Naturally Well Health Solutions in connection with our coaching services are non-refundable; and Naturally Well Health Solutions does not offer and is not required to provide any refunds or credits for any reason, including, without limitation, satisfaction or unavailability of a Client. If you are unsure if a service is for you, you can send us an email with any questions to vitality@toniawinchester.com
CANCELLATION
If you need to cancel and reschedule your session, please contact us at vitality@toniawinchester.com no less than 24 hours prior to the scheduled session. Any cancellations made less than 24 hours to the session will be charged the full-service fee. Reschedule is completely free.
ORDER REFUSAL
Naturally Well Health Solutions solely reserve the right to refuse any order at our discretion. We may, at our sole discretion, limit or cancel quantities purchased by each person, each household, or each order. These restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
WAIVER
All our coaching services and communication email or otherwise, delivered by Naturally Well Health Solutions as well as information on this website are meant to help you meet your desired needs in connection with your requested service.
However, coaching is not professional mental health care, medical care, or physical care. If at any point you feel psychologically stressed to the point that it is interfering with your ability to function adequately, we advise you seek the help you need in the form of a professional counselor. In that spirit, by employing our coaching services, you confirm that you have read and agreed to each statement and that you wish to proceed by consenting to the following:
- Using our products and services does not constitute a doctor/patient relationship.
- You understand that the coaching services you will be receiving from Naturally Well Health Solutions do not substitute for professional mental health care or medical care or physical care and are not intended to diagnose, treat, or cure any mental health or medical complications. You also understand that Naturally Well Health Solutions is not acting as a medical professional or a mental health counselor.
- You understand that, at present, coaching is an unregulated industry, and that Naturally Well Health Solutions is not licensed by any internationally recognized regulator. You also understand that for all legal purposes, the services provided by Naturally Well Health Solutions will be considered to be provided from any remote location worldwide or otherwise in Canada.
- You agree and understand that you are solely responsible for your well-being throughout the coaching sessions, and subsequently, including my choices and decisions.
- You understand that our coaching does not substitute for counseling, mental health care, psychoanalysis, psychotherapy, or substance abuse treatment, and you agree not to use it in place of any form of therapy.
- You understand that all comments, ideas, guidance, advice, and suggestions offered by Naturally Well Health Solutions are solely for the purpose of aiding you in achieving your defined goals. You have the ability to give your consent, and you hereby give such consent to Naturally Well Health Solutions to assist you in achieving such goals and aims.
- You understand that Naturally Well Health Solutions' role is to give you support and assist in reaching your desired goals, but your success primarily depends on your effort, commitment, motivation, and implementation. You hereby affirm that you understand results differ for each Client. Each Client’s results primarily depend on his or her unique background, application, dedication, desire, motivation, implementation, actions, and other numerous factors. You fully understand and agree that there are no guarantees as to the specific result or outcome you can expect from using our services.
By using/hiring the services Naturally Well Health Solutions, you hereby release, waive, acquit and forever discharge Naturally Well Health Solutions, its agents, successors, assigns, personal representatives, executors, heirs, and employees from every claim, injuries, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself or Naturally Well Health Solutions as a result of the advice given throughout the coaching sessions or otherwise resulting from the service relationship contemplated by this agreement. You further declare and represent that no promise, inducement, or agreement not expressed in this agreement has been made to you to sign this agreement. These terms shall bind your heirs, executors, personal representatives, successors, assigns, and agents.
Naturally Well Health Solutions will not be liable for:
• Any circumstance beyond our control.
• Any loss, injury, or damage.
• Physical, medical, or psychiatric conditions developed during or after our services.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
This website may contain certain information which is not updated. We reserve the right to modify the contents of this website at any time without prior notice, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. We assume no responsibility if information made available on this website is not accurate, complete, or outdated.
INTELLECTUAL PROPERTY; USER LIMITED LICENSE
Naturally Well Health Solutions and our related Services: All contents provided to you through our Services are owned and licensed to Naturally Well Health Solutions. Our contents and all associated Services are trademarked, copyrighted, and have obtained worldwide intellectual property rights. All rights are reserved. Naturally Well Health Solutions, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF NATURALLY WELL HEALTH SOLUTIONS WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site 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; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; and (l) to post any nude photos nor any type of solicitation from Clients.
We reserve the right to terminate your use of the Service or any related website for violating any of the
prohibited uses.
CONFIDENTIALITY
This service relationship, communications with Clients about their personal life, finances, career, goals, plans, and health, as well as all other information (documented or verbal) that the Client shares with us as part of our services, is bound by the principles of confidentiality. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. Naturally Well Health Solutions agrees not to disclose any information pertaining to the Client without the Client’s written consent. Naturally Well Health Solutions will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without the use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Naturally Well Health Solutions and its owner(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Condition or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
COPYRIGHT NOTICES/COMPLAINTS
Naturally Well Health Solutions takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. Naturally Well Health Solutions reserves the right to terminate services of any User that infringes the intellectual property rights of others.
USER COMMENTS, FEEDBACK, AND UNSOLICITED IDEAS
The comments on our website represent Clients' experiences, their testimonials, and some insights about other people’s experiences with our services for illustration purposes only. The testimonials, comments, examples, and User contents are of actual clients and results they achieved by using our services, or they are comments from individuals who voluntarily speak of our character and/or the quality of our Services. They are not intended to guarantee or represent that our current or future Clients will achieve similar or the same results; rather, these testimonials and comments represent what is possible for illustrative purposes only.
We may require you to leave us feedback on certain features through a customer insights program. Your decision to leave feedback is optional but we would like you to do so. If we require feedback from you through a program, your feedback is subject to the guidelines of the specific program.
All feedback, information, or idea you send to us voluntarily is subject to our unsolicited ideas.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. Naturally Well Health Solutions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NATURALLY WELL HEALTH SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. NATURALLY WELL HEALTH SOLUTIONS MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. NATURALLY WELL HEALTH SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR OWN RISK.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL NATURALLY WELL HEALTH SOLUTIONS OR ITS OWNER(S), EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF NATURALLY WELL HEALTH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NATURALLY WELL HEALTH SOLUTIONS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT A CLIENT PAID FOR OUR SERVICES.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the province of British Columbia, Canada.
CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at vitality@toniawinchester.com
FOR SUPPORT ISSUES OR QUESTIONS, PLEASE EMAIL: vitality@toniawinchester.com
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