1. Introduction
This website is operated by Vivid Strategies Inc. The terms “we”, “us”, and “our” refer to Vivid Strategies Inc. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website hosted at https://www.designedbyshar.com (“Site”). Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website or use any of the services offered on our Site.
2. About
Vivid Strategies Inc. provides nutritional coaching services and sells digital products such as e-books, nutritional meal plans, pre-recorded DIY videos, and other products (“Products”). We also offer one-on-one and group coaching sessions. While you can purchase the Products and group coaching sessions from us on our Site, one on one coaching and other services and specially curated events, such as the M3 Experience, are booked separately (“Special Services”).For more information about Special Services, please contact hello@designedbyshar.com.
3. License to use Digital Goods
In addition to the Services offered on our Site, we sell licenses to digital goods on our Site, primarily in the form of portable document format (i.e. pdf) e-books and online courses (“Digital Goods”). When you purchase Digital Goods for download or to be accessed via our Site, you are not purchasing ownership of the copyright to our Digital Goods, you are purchasing a personal use license (“PUL License”). Upon purchasing a PUL License for Digital Goods, we grant you a non-exclusive right to use those Digital Goods on the following terms:
a) You may download a pdf copy of the Digital Goods from us and print a single copy for your personal use;
b) For each PUL License purchased by you, you may store and use the pdf file electronically to be displayed and used on your own personal computing devices, including for example, a personal computer, tablet or smart phone;
c) You acknowledge and agree that you are not permitted to sublicense, share, sell access to, or otherwise commercialize our Digital Goods;
d) You acknowledge and agree that you shall not resell, share, disseminate or otherwise distribute our Digital Goods to any third parties, including without limitation, sharing pdf file of the Digital Goods and access to a course or a printed copy of the Digital Goods, with any third party (“Prohibited Distribution”). Without limiting the generality of the foregoing, you acknowledge and agree that any Prohibited Distribution by you will give rise to irreparable harm and may result in any and all legal, equitable, or other remedy, including but not limited to temporary and permanent injunctive relief or other statutory relief, pursuant to the Copyright Act, RSC 1985, c C-42, and in common law, and including all legal fees and costs (on a solicitor and own client fully indemnity basis), which apply to the unlawful use of our copyrighted materials.
4. Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offense or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
When registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, phone number or Company Name. You may, however, visit our site anonymously.
5. What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To provide you with the Services (as defined in our Privacy Policy) in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges and/or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and to enable you to post reviews.
• To personalize your experience (your information helps us to better respond to your individual needs)
• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
• To administer a contest, promotion, survey or other site feature
• To send periodic emails
• For marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your Personal Information to better tailor the Services and advertising on our Site and other websites.
• To detect, investigate or take action against potential fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We advise that you do not share your username, password, and other access details with anyone else. If you believe that your account has been compromised, please contact us immediately.
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
6. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including revising the cost and details of the Services, including but not limited to Digital Goods, and terminating, changing, suspending or discontinuing any aspect of the Site at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
7. Sales Tax
In addition to the payment of the cost of the Services (including but not limited to the cost of any Digital Goods), out outlined in our Site or as otherwise provided to you in by us in writing, you shall pay for all applicable sales taxes, whether Canadian or foreign, arising in any way from the purchase of products or services from us.
8. No Refunds
You understand and agree that all sales are final and returns, credits, or exchanges of products and services sold or licensed to you by us shall not be permitted.
9. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Quotes received from third-party websites are subject to change. Vivid Strategies Inc. is not responsible or liable for any changes to third-party quotes.
Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
10. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
11. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice.
12. Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our Site and Services (including all Digital Goods and other services provided by us), which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION PROVIDED ON OUR WEBSITE OR AS PART OF OUR PRODUCTS OR SERVICES, INCLUDING OUR E-BOOKS AND COACHING SESSIONS, ARE NOT PROVIDED AS, NOR ARE THEY INTENDED TO BE, PROFESSIONAL NUTRITION OR MEDICAL ADVICE.
UNLESS EXPRESSLY STATED OTHERWISE, ANY COACH OR INDIVIDUAL DISPLAYED ON OUR SITE, SOCIAL MEDIA ACCOUNTS OR WHICH PROVIDES NUTRITIONAL COACHING SERVICES IS NOT A DOCTOR, REGISTERED DIETICIAN, PHYSIOTHERAPIST, CHIROPRACTOR OR OTHER REGULATED PROFESSIONAL.
PRIOR TO IMPLEMENTING OUR SERVICES OR RELYING ON ANY INFORMATION FROM US, YOU SHOULD SEEK PROFESSIONAL ADVICE (WHETHER MEDICAL, NUTRITIONAL, CHIROPRACTIC, PHYSIO OR OTHER ADVICE, AS APPLICABLE) TO ENSURE ANY NUTRITIONAL PLANS, FOOD, VITAMINS OR OTHER SUBSTANCES ARE SUITABLE FOR YOU, TAKING INTO CONSIDERATION ANY MEDICAL CONDITIONS, INJURIES OR FOOD ALLERGIES YOU MAY HAVE.
WITHOUT LIMITING ANY OTHER SECTION OF THESE TERMS, YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU SUFFER ARISING FROM THE ACTS OR OMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OTHER USERS OF THE WEBSITE, OUR INDEPENDENT CONTRACTORS, THIRD PARTY COACHES, SHARLEEN CHEUNG, PAYMENT PROCESSORS OR THIRD-PARTY SERVICE PROVIDERS.
13. Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, partners, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees on a solicitor and own client basis) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, Privacy Policy, or the posting or transmission of any materials on or through the Site by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
14. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
15. Waiver
Our failure to exercise or enforce any right or provision of the Terms and Privacy Policy will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
16. Headings
Any headings and titles herein are for convenience only.
17. Severability
If any of the provisions of the Terms and Privacy Policy are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
18. Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or services offered on our website will be resolved in accordance with the laws of the Province of Alberta without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms and Privacy Policy or your access to or use of our website must be brought before the courts of the Province of Alberta in the City of Edmonton, Alberta, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
19. Questions or Concerns
Please send all questions, comments and feedback to us at hello@designedbyshar.com
