TERMS OF SERVICE

Last update: December 8, 2021 

INTRODUCTION & ACCEPTANCE OF AGREEMENT

 

Throughout the Website, the terms “we”, “us” and “our” refer to Claudia Cheng Nutrition. Use of all information, tools, products, and services available from this Website is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website or Services. These Terms of Service create a binding agreement (“Agreement”) between you and all persons you represent and Claudia Cheng Nutrition. This Agreement governs your access and use of our Website, and all content, information, products, and services available on or through the Website. By accessing, downloading, or using any part of the Website or Service, you acknowledge and represent that you have read, understood, and accepted the Terms of Service, and agree to be legally bound by them. If you do not agree to all these Terms of Service or are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access the Website or use any products or services.

Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. These Terms of Service limit our liability and obligations to you and allow us to change, suspend, or terminate your access to and use of our Service at any time at our sole discretion.

 

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We endeavour to provide current and accurate information. However, the products or services available on the Website may contain errors, misprints, inaccuracies, and/or omissions, and/or be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice or liability to you or any other person. We have no obligation to update any information on our Website. You agree that it is your responsibility to monitor any changes to our Website.

The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.

The Website depends on various factors such as software, hardware, and communications networks, and other factors outside of its control. You understand that we do not guarantee that the Website will be uninterrupted or that it will be timely, secure, and error-free.

 

MODIFICATIONS TO THE SERVICE AND PRICES

All descriptions and prices for our products or services are subject to change at any time without notice, at the sole discretion of us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

PRODUCTS OR SERVICES

Our products and services are available exclusively online through the Website. These products or services may have limited quantities and are subject to refund, reschedule, or cancellation only according to our Return & Cancellation Policies.

We have made every effort to display as accurately as possible the true colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. 

Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


PURCHASES, ACCURACY OF BILLING & ACCOUNT INFORMATION

All Services are listed in Canadian dollars. If you wish to purchase any product or service through the Service, you may be asked to provide certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, billing address, and shipping address.

You warrant that you have (a) the legal right to use any credit card(s) or the legal right to use other payment methods that are related to any purchases you make on the Website and that (b) the information you have provided is current, complete and accurate. 

By providing us with the information mentioned above, you grant us the right to share the information with third parties for the purpose of completing the transaction for any purchases.

We reserve the right to refuse or cancel your orders at any time for any reason including but not limited to: (a) when fraud or an unauthorized/illegal transaction is suspected, (b) if we believe you have breached the Terms (c) product or service availability (d) errors in the description or price of the product or service (e) error in your order or other reasons. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

In addition, we reserve the right to limit or cancel quantities purchased per person, per household, or per order. These restrictions may include 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, billing address and/or 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.

You agree to update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You are solely responsible for any fees or other charges from your internet service provider and wireless communications provider for any data, video, audio, or message services.

 

THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of third-party tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


THIRD-PARTY LINKS

This Website may contain links to third-party sites that are not owned or controlled by Claudia Cheng Nutrition. Third-party websites are independent of us, and we have no responsibility or liability for or control over these third-party websites, their business, goods, services, or content. We do not sponsor, endorse, or warrant the offerings of these third-party websites or their business, goods, services, or content unless expressly indicated in writing. Your use of third-party websites and your dealings with the owners or operators of the third-party websites is at your own risk, and you will not make any claim against us arising from, connected with, or relating to your use of these third-party websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through the third-party websites.

We strongly advise you to read the Terms of Service, privacy policies, and other conditions of use of any third-party websites that you visit, and make sure you understand them before you engage in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 


RISKS ASSOCIATED WITH THE INTERNET

Claudia Cheng Nutrition makes reasonable efforts to ensure that the Website is free of errors, interruptions, and viruses. We make no warranties, either expressed or implied, (a) that the Website will operate without interruption, virus, or error or in a secure and timely manner, (b) that the information on the Website is accurate and error-free nor (c) that defects in the software and applications, if any, will be rectified. You alone will be responsible for any damage to your computer and for any loss of data that may result when downloading material.


USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


PERSONAL HEALTH INFORMATION

Claudia Cheng Nutrition will implement and maintain reasonable procedures to protect personal health information. Your submission of such information is governed by our Privacy Policy.


PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. All products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

To the maximum extent permitted by applicable law, in no event Claudia Cheng Nutrition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss of reputation or goodwill, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

 

The content of the website such as texts, graphics, images, information, and other material contained are for informational purposes only. The content provided is in no way intended to diagnose, cure or treat any medical condition, disease or ailment, and is in no way intended to be a substitute or replacement for professional medical advice or treatment. Always seek the advice of your dietitian or physician with any questions you may have regarding a health condition. You acknowledge, confirm and agree that the Service is not designed for use in emergencies, for any medical or psychological purposes, whether it be for therapy or treatment. In addition to all other limitations and disclaimers herein, we expressly disclaim any liability or loss in connection with the content provided via our Website. 

You rely on or act upon the words and advice provided on the Website and Service solely at your own risk and by your own free and voluntary election and volition. You bear sole responsibility and liability for the content that you submit and any acts or omissions undertaken by you in connection with any of the information or advice provided by us. 


INTELLECTUAL PROPERTY

You acknowledge that the content on the Website, including graphics, scripts, service names, features, and functionality (the “components”) are and will remain the exclusive property of Claudia Cheng Nutrition and its licensors. The Website and its components are registered or unregistered trademarks, service marks, trade names, copyrights, and logos owned or licensed by Claudia Cheng Nutrition or its respective owners or licensees. Any use of the Website and its components, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of its contents. You agree that you will not change, sell, translate, repurpose, or distribute the contents on the Website except as expressly authorized by Claudia Cheng Nutrition. You also agree that you will not use the contents on the Website in any way to infringe on Claudia Cheng Nutrition or any third party’s intellectual property or other rights.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Claudia Cheng Nutrition and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: (i) your use and access of the Website; (ii) a violation or breach of these Terms, the Privacy Policy, or any other agreement that governs your use of the Website; (iii) a violation of any of your representations or warranties made to us, (iv) a violation of any law or the rights of any third party; or (v) any user content, third-party content, third-party websites and any other content which you posted or uploaded on the Website.

 

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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service 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 Service, 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 this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then-existing agreements between you and Claudia Cheng Nutrition will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. 

 

CLASS ACTION WAIVER 

In any dispute, neither you nor any other person shall be entitled to join or consolidate claims as a representative of a class. You acknowledge that you are giving up your rights to participate in a class action with respect to any such claim.

CONTACT INFORMATION

If you have any questions about the Terms of Service, please email us at Claudiacheng.rd@gmail.com.