Terms and Conditions

Terms and Conditions

Please also read below for our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.

Contact Us

If there are any questions regarding this privacy policy you may contact us using the information below:

lyndsay@fitnfabulous.ca

Last Edited on 2020-04-23

Terms of use

THE TERMS AND CONDITIONS OF Lyndsay Ashley Wellness Inc. (Fit N Fabulous) Acceptance The Use Of Lyndsay Ashley Wellness Inc. (Fit N Fabulous) Terms and Conditions.  Your access to and use of Lyndsay Ashley Wellness Inc. (Fit N Fabulous) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

LEGAL ADVICE

The contents of Lyndsay Ashley Wellness Inc. (Fit N Fabulous)’s website and sub sites do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on Lyndsay Ashley Wellness Inc. (Fit N Fabulous) is provided without any or warranty of any kind. You use the material on Lyndsay Ashley Wellness Inc. (Fit N Fabulous) at your own discretion

CHANGE OF USE

Lyndsay Ashley Wellness Inc. (Fit N Fabulous) reserves the right to: Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Lyndsay Ashley Wellness Inc. (Fit N Fabulous) shall not be liable to you for any such change or removal and.  Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

Lyndsay Ashley Wellness Inc. (Fit N Fabulous) Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

COPYRIGHT

All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Lyndsay Ashley Wellness Inc. (Fit N Fabulous) or otherwise used by Lyndsay Ashley Wellness Inc. (Fit N Fabulous) as permitted by law. In accessing the Website you agree that you will access the content solely for your personal, noncommercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

LINKS TO AND FROM OTHER WEBSITES

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) ; the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

USE OF FREE DOWNLOADABLE CONTENT

The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner. By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

GUESTS

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, guest speaker at an event, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests. Individuals who agree to appear as guests on any podcast or video offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security and accuracy.

To the extent permitted by law, Lyndsay Ashley Wellness Inc. (Fit N Fabulous) will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Lyndsay Ashley Wellness Inc. (Fit N Fabulous) makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Lyndsay Ashley Wellness Inc. (Fit N Fabulous) for death or personal injury as a result of the negligence of Lyndsay Ashley Wellness Inc. (Fit N Fabulous) or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold Lyndsay Ashley Wellness Inc. (Fit N Fabulous) and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Lyndsay Ashley Wellness Inc. (Fit N Fabulous) arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of Canada and you hereby submit to the exclusive jurisdiction of the Canada courts.

OUR CONTACT DETAILS

For any further information please email Lyndsay Ashley Wellness Inc. (Fit N Fabulous) Team

lyndsay@fitnfabulous.ca

Returns & Refunds Digital products

We issue refunds for digital products within 14 days of the original purchase of the product contingent on the following terms:

We issue refunds for digital products only under the following conditions:

  • If a product is stated as having a money back guarantee, to claim the guarantee you (the client) must submit proof that the product has not worked for you even though you have been following it as described for no less than 14 days. This includes submitting complete food journals for 14 days or anything else required by Lyndsay Ashley Wellness Inc. (Fit N Fabulous).

No exceptions regarding refunds will be made following 14 days from purchase.

Contact us

We recommend contacting us for assistance if you experience any issues receiving or downloading

our products. Or, if you have any questions about our Returns and Refunds Policy, please contact us:

By email: lyndsay@fitnfabulous.ca

This document was created using a Contractology template available at http://www.contractology.com

No warranties This website is provided “as is” without any representations or warranties, express or implied. Lyndsay Ashley Wellness Inc. (Fit N Fabulous) makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Lyndsay Ashley Wellness Inc. (Fit N Fabulous) does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Lyndsay Ashley Wellness Inc. (Fit N Fabulous) will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Lyndsay Ashley Wellness Inc. (Fit N Fabulous) has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Lyndsay Ashley Wellness Inc. liability in respect of any:

  • death or personal injury caused by Lyndsay Ashley Wellness Inc. (Fit N Fabulous) negligence;
  • fraud or fraudulent misrepresentation on the part of Lyndsay Ashley Wellness Inc. (Fit N Fabulous); or
  • matter which it would be illegal or unlawful for Lavish Nutrition to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Lyndsay Ashley Wellness Inc. (Fit N Fabulous) has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Lyndsay Ashley Wellness Inc. (Fit N Fabulous) officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Lyndsay Ashley Wellness Inc. (Fit N Fabulous) officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Lyndsay Ashley Wellness Inc. (Fit N Fabulous).

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This document was created using a Contractology template available

at http://www.contractology.com.

Disclaimer – No advice

This website contains general information about medical conditions and treatments. The

information is not advice, and should not be treated as such.

Limitation of warranties

The health information on this website is provided “as is” without any representations or warranties,

express or implied. Lyndsay Ashley Wellness Inc. (Fit N Fabulous) makes no representations or warranties in relation to the

health information on this website.

Without prejudice to the generality of the foregoing paragraph, Lyndsay Ashley Wellness Inc. (Fit N Fabulous) does not warrant

that:

  • the health information on this website will be constantly available, or available at all; or
  • the health information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liability in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Contact Us

The Company welcomes your questions or comments regarding the Privacy Policy and Terms &

Conditions:

Lyndsay Ashley Wellness Inc. (Fit N Fabulous)

Email Address: lyndsay@fitnfabulous.ca

Effective as of April 23, 2020