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Terms and Conditions of Use Policy

Updated: December 18th, 2024

Welcome to the Holistic Diabetes Solutions website, related sites, and all digital services (the “Site”). This online information, e-commerce and communications service is provided by Holistic Diabetes Solutions and its associated companies (“We”, “Us” “Our” or “HDS”). These terms and conditions cover this Site, but the consumer (“You”, “Your”) should read the Privacy Policy posted on the site for other references.

NOT MEDICAL ADVICE

The content, products and services offered on the Site are intended to provide information to consumers on natural and healthy holistic practices that may help them obtain positive outcomes in their daily lives. Nothing in the content, products, or services should be considered, or used as a substitute for medical advice, diagnosis or treatment. This Site and its contents do NOT constitute a medical practice of any kind or claim to give professional personal healthcare advice from a licensed practitioner. You should always speak to your healthcare provider for diagnosis and treatment for your personal healthcare. Everyone is different, so none of the specific products or services offered through this Site represent or warrant that they will be safe, appropriate or effective for your specific needs.

IF YOU HAVE, OR SUSPECT THAT YOU HAVE, A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A LOCAL HEALTHCARE PRACTITIONER. IF YOU ARE EXPERIENCING A DIABETES RELATED MEDICAL EMERGENCY, PLEASE CALL 911, OR THE APPROPRIATE EMERGENCY NUMBER FOR YOUR REGION.

We may modify these terms and conditions at any time, and those modifications will be effective immediately upon publication on our Site. You agree to review these terms and conditions periodically to be aware of any changes. Accessing the Site constitutes your acceptance of the Terms and Conditions Policy (“the Policy”) as it appears during the time of your use. From time to time, We may present offers or additional features or services through this Site. Where the Policy differs, You may be asked to enter into additional agreements or authorizations before proceeding.

INTENDED FOR USERS 18 AND OLDER

This Site is intended for individuals 18 years old and older. The Site is not appropriate for children under the age of 18. Users under the age of 18 will need the assistance of a guardian to legally access the Site.

ACCEPTABLE USE

You agree that you will not:
a) Use this Site for any purpose that violates the local, regional or national laws of Canada, the U.S., or internationally in Your jurisdiction.

b) Use this Site as a means for distributing advertising or other unsolicited material

c) Use this Site to transmit or post material that is unlawful, obscene, defamatory, threatening, abusive, harassing, slanderous, hateful or embarrassing to any other person or entity

d) Attempt to disable, or otherwise interfere with the proper functioning of the Site

e) Violate or attempt to violate the security of the Site, including, without limitation

  • Accessing data not intended for Site users, or logging in or attempting to log in to areas of the Site or its server that are not authorized for access;
  • Attempting to scan or probe the Site or test for vulnerabilities that could breach the security of the Site without proper authorization; or
  • Accessing or using the Site or any portion thereof without authorization, in violation of this Policy or in violation of applicable laws

f) Use any scraper, crawler, spider, robot, or automated means of any kind to access or copy data from the Site, or bypass any methods we may use to inhibit robots and automated access to the Site

g) Use any device, software, script, or other means to interfere or attempt to interfere with the proper functioning of the Site, or any activity posted on the Site.

Violations of Our Site security may result in criminal or civil liability. HDS will investigate any such occurrences and may involve and cooperate with law enforcement authorities in the prosecution of users who are involved in violations.

Some parts of the Site need to be accessed with a User ID and Password (“Protected Areas”). You agree to access those Protected Areas using only your User ID and password as provided and set up by HDS. You agree to protect the confidentiality of Your User ID and Password, and not share or disclose them to others. You agree that You are solely responsible for all activity occurring under your User ID. Your access to the Site may be revoked at any time with or without cause.

ACCOUNT SETUP

When setting up an account, you agree to the following:

  • You agree to provide true, accurate, current and complete information (“User Information”) when registering for the Site and establishing an account
  • You agree to maintain and promptly update Your User Information to keep it true, accurate, current and complete. If You provide User Information that is untrue, inaccurate, not current or incomplete, or if HDS has grounds to believe it is untrue, inaccurate, not current or incomplete, HDS may suspend or terminate your account.
  • You agree that you are entirely responsible for maintaining the confidentiality of any passwords, and the usages and activities that occur in connection with your account.
  • You agree not to allow others to use your account or utilize your password.

TERMINATION OF USE

HDS may, at its sole discretion, terminate your account, or use of the Site at any time. You are personally liable for any orders or charges that You incur prior to termination, and We are responsible to refund or provide and products or services purchased prior to termination, except where specific agreements for such products or services are in place.
HDS reserves the right to change, suspend or discontinue any and all aspects of the Site at any time without prior notice.

USER GENERATED CONTENT, REVIEWS, FEEDBACK AND OTHER POSTINGS

We encourage You to submit and post to our forums, in our online community and all other appropriate online areas as appropriate, and value the exchange of ideas that can be found on such forums. If You submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that:

  • is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior,
  • violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or
  • contains or transmits a virus or any other harmful component.

You agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to HDS that you have the legal right and authorization to provide all User-Generated Content to HDS for the purposes and Our use as set forth herein. We shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner We desire, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world.

HDS is and shall be under no obligation to

  • maintain any User-Generated Content in confidence;
  • pay to You any compensation for any User-Generated Content; or
  • respond to any User-Generated Content.

We regularly review posted User-Generated Content; however, We do not represent or warrant that we are aware of all User-Generated Content on our Site. We reserve the right, but are not obligated, to monitor and edit or remove any User-Generated Content submitted to the Site. You grant HDS the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. While We will do our best to remove inappropriate User-Generated Content as soon as we see it, We and Our affiliates take no responsibility and assume no liability for any User-Generated Content submitted by You or any third party.

E-COMMERCE

Payment

  1. A valid credit card number, expiration date, and card security code may be required for purchases on the HDS Site. In some instances, Our payment processing partner may offer alternate means of payment in accordance with your home country or region. If We are unable to charge the full cost of your purchase to the payment method You provide, We may cancel your order or request an alternate form of payment. Our payment processing partner will collect your credit card or alternate payment information and related personal information for its use in processing your payment for the products or services ordered by You. HDS and its contractors and employees do not have access to your payment information. Any complaints or grievances regarding the processing of your payment should be addressed to HDS at [email protected]. You understand that the prices for products and services may be changed from time to time.
  2. If you subscribe to a service or otherwise enroll to make recurring payments automatically, all charges and fees will be billed to the payment method You designate during the setup process. If You want to designate a different payment method, or if there is a change in Your payment method, You must change your information online. This may temporarily delay your ability to make online payments while our payment processing partner verifies your new payment information.
  3. You represent and warrant that if You are making online payments that:
  • any credit card, debit card, payment method or bank account information You supply is true, correct, and complete,
  • charges incurred by you will be honored by Your credit/debit card company or bank,
  • You will pay the charges incurred by you in the amounts posted, including any applicable taxes,
  • You are the person in whose name the payment method was issued, and
  • You are authorized to make a purchase or other transaction with the relevant payment method and information

INDEMNIFICATION

You agree that you will defend, indemnify, and hold harmless HDS from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys' fees and costs) against or incurred by HDS arising out of a claim by a third party relating to your breach of this Policy or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, Your use or access of the Site, access of this Site by anyone using Your User ID and password, or any other actions taken by You on the Site.

INTELLECTUAL PROPERTY

The content and design of this Site is protected by Canadian, U.S., and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, non-commercial use only, so long as:

  • you do not alter or modify the materials in any way;
  • you include all applicable notices and disclaimers (including copyright notices); and
  • you do not use the materials in a way that suggests an association with HDS or an affiliated HDS entity. You understand and agree that title to these materials shall not pass to You or any other user.

DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT THE HDS SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY THE HDS SITE IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, HDS DOES NOT GUARANTEE THAT USE OF OUR SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

ERRORS ON OUR SITE

Content, prices, and availability of products and services are subject to change without notice. Occasionally a price may be listed incorrectly as the result of an internal error, or an error in pricing information from our suppliers. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and whether or not the order has been confirmed and your payment method charged. In the event a product or service is listed at an incorrect price due to any reason, we shall have the right to refuse or cancel any orders placed for that product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your payment method account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site's return policy.

ACCURACY AND INTEGRITY OF INFORMATION

Although HDS attempts to ensure the integrity and accuracy of the Site, it is possible that the Site may contain typographical errors or inaccuracies, and therefore We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could also other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform Us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Site without notice. In fact, any information contained on the Site may be changed or updated without notice. Additionally, HDS shall have no responsibility or liability for information or content posted to the Site from any non-HDS affiliated third party.

LINKS TO THIRD PARTY WEB SITES

From time to time HDS may post links to web sites that are operated by third parties. This is done for Your convenience, as a way for you to access information from one of our affiliates, or to link to our own posts on other platforms (“Third Party Site”).
HDS does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Our Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third Party Site. HDS makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

LIMITATIONS OF LIABILITY

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL HDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST US AND OUR LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME REGIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

JURISDICTION

You agree that any dispute or claim related to your use of the HDS Site shall be governed by the laws of Ontario, Canada. The exclusive forum for such actions between You and HDS is the Ontario court in Halton Region, Ontario Canda. These terms of use also apply to anyone claiming on your behalf.

CONTACT INFORMATION

Please address any questions about this Policy to: [email protected]