Privacy Policy and Terms of SERVICES

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General 

This website (the “Site”) is owned and operated by Zoie Wellness (“ZOIE WELLNESS” “we” or “us”). Zoie Wellness provides sessions for personal development, performance coaching, stress reduction, and/or self-care which may involve mindset education/coaching, relaxation techniques such as guided meditation, breath work, or mindfulness, and Hypnosis/Hypnotherapy for Wellness and Performance Enhancement (the “Wellness Services”). By using the Site, any products or Wellness Services you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund/Cancellation Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and Wellness Services available through the Site or from ZOIE WELLNESS. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service and Privacy Policy.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Privacy and Confidentiality

We at ZOIE WELLNESS care about how your personal information is used and shared and we take privacy seriously. I understand and acknowledge that if I reveal confidential and personal information to ZOIE WELLNESS before or during a Wellness Services Session, ZOIE WELLNESS will take reasonably prudent precautions to safeguard such conversations and information. I acknowledge and understand that ZOIE WELLNESS may reveal my confidential and personal information to a third party if required to by Law, including, but not limited to, situations where ZOIE WELLNESS is ordered to reveal such information by a Court. If you engage on our social media channels in a positive way, we may share your feedback for marketing purposes.

Refund/Cancellation Policy

I understand and acknowledge that I must provide payment for my Wellness Services Sessions at least 24 hours before my session is scheduled to occur. I acknowledge that I must provide ZOIE WELLNESS with a minimum of 24 hours’ notice for any cancellation of a Wellness Services Session. If I provide ZOIE WELLNESS with a minimum of 24 hours’ notice for cancellation of a Wellness Services Session, I will have the option of having the session rescheduled or receiving a full refund, provided that payment has already been made. I acknowledge and understand that if I provide ZOIE WELLNESS with less than 24 hours’ notice of any cancellation of a Wellness Services Session that I will only have the option of rescheduling the session or receiving a partial refund, being 70% of the payment for the Wellness Services Session. 

What do we do with your information?

When you purchase Wellness Services or Products from ZOIE WELLNESS, we collect the personal information you provide for the purpose of fulfilling your purchase. This includes your name, address, and email address. We do not store your credit card on our servers or have a means of accessing it after the purchase is completed. When you access our website, we’ll also automatically receive your computer’s Internet Protocol (IP) address which identifies your approximate geographical location. Website analytics will also gather your browser and operating system.

Consent

When you provide us with your personal information to complete your transaction, verify your credit card, place an order for a Wellness service or product, we imply that you consent to our collecting of this information and for using it for that specific purpose only. If we request your personal information for any other reason, such as for the purposes of marketing, we’ll provide you with an opportunity to say no. Consent can be withdrawn at any given time. If, after you opt in, you change your mind, you may withdraw consent for further communication. You may use the opt out links in any type of email communication or can also contact us via our web form to ensure this process is completed.

Secure Information

Our site is hosted on a dedicated server powered by GoDaddy. Basic customer data is stored on our backend behind a firewall. Payment is not stored on our servers and is instead powered by a third party, Stripe. If you choose to save your payment for future purchases, Stripe will store your credit card data with AES-256 encryption. Cards are never stored in plaintext. Your purchase transaction data is stored only as long as it is necessary to complete your transaction. After that, the information is deleted. None of Stripe’s internal servers and daemons are able to obtain plaintext card numbers; instead, they can just request that cards be sent to a service provider on a static whitelist. Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in separate hosting infrastructure, and doesn’t share any credentials with Stripe’s primary services (API, website, etc.). For more information on Stripe’s security, you may refer to its help documentation here. 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR IF APPLICABLE SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR WELLNESS SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR WELLNESS SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY AND THE LIABILITY OF ANY APPLICABLE SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE OR PROVINCIAL LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR WELLNESS SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, WELLNESS SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND ZOIE WELLNESS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

NEITHER ZOIE WELLNESS NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE AND WELLNESS SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE ACTING IN A MEDICAL CAPACITY AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS MEDICAL OR PSYCHOLOGICAL ADVICE. 

I understand and acknowledge that ZOIE WELLNESS does not and cannot give prescriptions or diagnose, treat, or cure any disease, condition, or other physical or mental ailment. I acknowledge that the Products or Wellness Services provided are not, under any circumstances, to be used as a substitution or replacement for a diagnosis or treatment of any disease, condition, or other physical or mental ailment from a physician, psychologist, or any other type of licensed medical or mental health professional. PRODUCTS, WELLNESS SERVICES AND INFORMATION PROVIDED BY ZOIE WELLNESS IS TO BE USED FOR PERSONAL AND PROFESSIONAL DEVELOPMENT SKILLS, STRESS REDUCTION AND GENERAL INFORMATIONAL PURPOSES ONLY. I acknowledge that it is my responsibility to communicate any physical or psychological concerns that might conflict with my participation in the Wellness Services. I understand and acknowledge that the Wellness Services can involve a certain amount of inherent risk to myself, my family, and my dependents. I accept any and all risk associated with any adverse reaction I may experience as a result of the Wellness Services. I assume all responsibility for my own life and wellbeing, as well as the wellbeing of my family, and my dependents. I assume all responsibility for any and all decisions made relating to my life during, between, and after any and all sessions with ZOIE WELLNESS .I acknowledge that ZOIE WELLNESS can refuse to provide Wellness Services if I request or need services which are beyond the scope of the Wellness Services or the training and education of the employees of ZOIE WELLNESS. I acknowledge that should it become apparent that I am requesting or need services which are beyond the scope of the Wellness Services or the training and education of the employees of ZOIE WELLNESS during a Wellness Services session ZOIE WELLNESS has the right to stop the session and refuse to provide further Wellness Services.

THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY PHYSICAL OR MENTAL HEALTH AILMENT WITH YOUR PHYSICIAN OR LICENCED MENTAL HEALTH PROFESSIONAL.

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Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues or groups, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. Our website is not intended for children under thirteen years of age. 

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. If applicable, any linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not ZOIE WELLNESS. Neither ZOIE WELLNESS nor any applicable third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, ZOIE WELLNESS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized ZOIE WELLNESS representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND WELLNESS SERVICES OFFERED ON OR THROUGH THE SITE AND BY ZOIE WELLNESS AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, WELLNESS SERVICES, PRODUCTS OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless ZOIE WELLNESS its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, class action suits, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the  Site that you do not:

Restrict or inhibit any other user from using and enjoying the Site.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.

Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

ZOIE WELLNESS may host message boards, chats and other private/public forums on its Sites and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. ZOIE WELLNESS or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by ZOIE WELLNESS staff, ZOIE WELLNESS’ outside contributors, or by users not connected with ZOIE WELLNESS, some of whom may employ anonymous user names. ZOIE WELLNESS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of ZOIE WELLNESS or any of its subsidiaries or affiliates.

ZOIE WELLNESS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or Wellness Services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that ZOIE WELLNESS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Wellness Services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or Wellness Service. You agree to only purchase goods or Wellness services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, postal/zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Any case studies, examples, or testimonials cannot guarantee that the individual using the Wellness Services will achieve similar results. In fact, your results may vary significantly and factors such as your openness, participation level and many other circumstances may and will cause results to vary. I understand and acknowledge that ZOIE WELLNESS has not and will not provide any guarantees regarding the success of any of the Wellness Services and will not under any circumstances provide a refund for Wellness Services after the Wellness Services have been provided.

Choice of Law; Jurisdiction

This Terms of Service, your use of this Site, and all related matters are governed solely by the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute shall be subject to binding arbitration in Edmonton, Alberta. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

This Agreement shall be binding upon and inure to the benefit of ZOIE WELLNESS and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of ZOIE WELLNESS Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by ZOIE WELLNESS to any affiliated entity or any of its wholly owned subsidiaries.