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Terms and conditions

The website (https://sananutritionandwellness.com) and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are owned and operated by Sally Twellman, Sana Nutrition and Wellness. The terms ‘you’ and ‘user’ ‘client’ refer to any user or browser of the Website or purchasers of our Services.

The Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time explain how you may use our Website and Services. It is important that you read and understand these Terms and Conditions. By making enquiries or sending messages, requesting for any information, consultation, dietary assessment, personalized meal plan, purchasing any meal plan (‘Course’) via the shop, posting a comment on the Website, downloading any of our associated materials, or subscribing to any of our services or newsletters, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing (together ‘users’).

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

  1. SERVICES DISCLAIMER

Our Website and Services aim to provide a source of nutrition information and education for individuals interested in nutritional health, and are not intended to diagnose, treat, cure or prevent any disease or specific medical condition. The information, content, blog, messages, images, materials, and resources contained in or available through the Website and Services, are provided in good faith for general information purposes only. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every individual. To the extent that we provide any explicit or implied recommendations, such recommendations are only general and are not specific for individual cases.

We may report on or display the success of our existing or previous clients or customers. You acknowledge that the prior success of others does not guarantee your success. As your results are based on your individual capacity, background, dedication, motivation, experience and level of desire, there are no guarantees concerning the level of success you may achieve. Choosing to use our information, products and Services should be based on your own due diligence and you agree that we are not liable for any success or failure that is directly or indirectly related to the purchase and use of our information, products, and Services reviewed or advertised on this Website.

The information contained on this Website is not intended as a substitute for professional medical advice, Your reliance on any of our Services or information contained in or available on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results from the Services. Always seek the advice of your doctor when starting any new treatments, diets or supplements, when deciding whether to continue medical or other treatments, or to ask any questions you may have regarding your medical or other conditions.

  1. PERMITTED USE

Sana Nutrition and Wellness prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Services for any unlawful purpose or to solicit the performance of any illegal activity or other conduct that infringes our rights or the rights of others.

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

  1. ENQUIRIES, REGISTRATION AND SUBSCRIPTION

By making a preliminary enquiry, request for further information, request for an online consultation, request for a dietary assessment, request for a personalised meal plan, purchasing a meal plan (‘Course’) via the shop, sending a message via the Website or via social media, posting a comment on the Website, downloading any of our associated materials, subscribing to any of our services or newsletters, you will be added to our email list and consent to receiving electronic communications from us. You can choose to opt out of receiving communications from Nutrition Coach at any time by following the instructions on the form to unsubscribe from our email communications, or emailing us at sally@sananutritionandwellness.com

  1. CONSULTATIONS  

Bookings

If you are booking an online consultation through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a booking you represent and warrant that you are at least 18 years old. If you are making a booking on behalf of a minor, you deserve you are their parent or legal guardian. If a third party is making the bookings on your behalf, you certify you have authorized the third party to do so, and you have been advised of these Terms and Conditions. We reserve the right to change the preferred booking facilitator from time to time and without notice.

You agree and acknowledge that all information you provide to us through the online booking service or enquiry will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number (‘Personal Information’). You acknowledge and agree that Sana Nutrition and Wellness and any relevant third party of our choosing will collect your Personal Information for the purpose of the booking service and any additional services you may request. You acknowledge that if we cannot collect this Personal Information and other personal information as requested, we will not be able to process your booking and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

Cancelations and Refunds

While Sana Nutrition and Wellness will make every effort to avoid clashes and/or cancellation of appointments, Sana Nutrition and Wenness, at its sole discretion, may cancel or reschedule your appointment at any time and for any reason prior to the scheduled time.

We do not offer refunds for change of mind or missed consultations. If you voluntarily decide to withdraw from the Services at any time for any reason, or cancel the Services within twenty-four (24) hours of the scheduled appointment, we reserve the right to charge you for our professional fees or count the session as fulfilled.

Requests for refunds for online consultations, wellness coaching, nurtion counseling, personalized meal plans, online courses and meal plans ordered via our shop must be in writing and will be subject to our sole discretion. Requests for refunds will be assessed on a case-by-case basis and we reserve the right to grant or refuse refunds. Digital courses, products, and meal plans are not eligible for refunds under circumstances. 

Confidential information

Sana Nutrition and Wellness guarantees that all shared health and personal information provided in the context of 1:1 coaching will be treated as Confidential Information.

In circumstances where you are part of group discussions or information sharing, participants of the discussion will be also be obliged to respect the confidentiality of other participants, however, we cannot assume responsibility or protect Confidential Information shared in this capacity. We therefore request that participants be mindful of the information they elect to share, respectful of the other participants and of the requirements of participating in closed-group discussions with regards to Confidential Information.

Obligations with Respect to Confidential Information:

The Recipient:

Personalized Reports and Meal Plans

As part of the delivery of our Services, you are required to submit a form providing us with information to assist in providing your personalized report and meal plans. Before submitting your form, you agree to the following:

  1. ONLINE SHOP

Purchases & Pricing

If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a purchase you represent and warrant that you are at least 18 years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorized the third party to do so, and you have been advised of these Terms and Conditions.

Prices for Services quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.

All transactions are processed in USD. If fees are paid in a foreign currency, they will be reconciled at the date of payment, subject to the prevailing exchange rate and transfer fees. Payments for all services purchased include any applicable sales tax. Upon receipt of payment, you will receive a sales receipt in accordance with the relevant legislative requirements related to sales tax in the United States.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

Gateways,Credit Cards, Chargebacks and Payment Security

Sana Nutrition and Wellness uses PayPal, Stripe and Square as its shopping cart and payment gateways. By making a purchase, you will often be directed off-site to make that purchase. You agree to comply with the terms of provided by the payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect Personal Information obtained during your purchase or transaction for the Services. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.  

We reserve the right to change the preferred payment gateway from time to time and without notice.

 You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence we are responsible for. To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. Sana Nutrition and Wellness reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

  1. INTELLECTUAL PROPERTY

These Terms and Conditions do not transfer from us to you or any third parties any of our or a third party’s intellectual property. All rights, titles, and interests, including, without limitation, Intellectual Property Rights, in the Website and Services will remain solely with Sana Nutriton and Wellness.

For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.

  1. THIRD-PARTY INFORMATION AND LINKS

The Website may contain links to third-party websites or resources by way of recommendations of the provision of relevant information. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do these links imply any commercial endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

 We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information they provide and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any of our podcasts agree to transfer all intellectual property rights they may have in any such interviews to us, and further provide an unlimited, world-wide, royalty-free licence to any rights they are unable to assign.

  1. USER-GENERATED CONTENT

The Website and our Communication Services may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (‘User-Generated Content’), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or is in any way connected with Services.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive, or for any other reason. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

  1. PRIVACY AND SECURITY OF INFORMATION

Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

  1. MAINTENANCE

Sana Nutrition and Wellness is responsible for the support and maintenance of its Website only. We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Services provided through the Website. Access to the Website may depend on telecommunications, internet service companies and other external factors; we therefore do not guarantee the availability of the Website all times or at any specific times.

  1. TERMINATION

We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms of Use or any related policies;

(b) where at any time you have committed any act of willful or serious misconduct;

(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within 28 days of the stipulated date;

(d) where you have created a risk or possible exposure for us;

(e) where there are unexpected technical issues or problems;

(f) at the request of law enforcement or government authority; or

(g) upon a request by you.

  1. DISPUTES

In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet in order to resolve the dispute or if they are unable to do so, they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be privileged. If the parties do not resolve the dispute, or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternate method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

  1. WARRANTIES AND LIABILITY

CERTAIN LEGISLATION, INCLUDING APPLICABLE U.S. LAWS, MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER APPLICABLE U.S. LAWS OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE I

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