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TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”, “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING OUR WEBSITE (“BLOOMAGAINHOLISTICS.COM”) OPERATED BY BLOOM AGAIN HOLISTICS. EXCEPT AS EXPRESSLY STATED OTHERWISE, BLOOM AGAIN HOLISTICS WILL BE DEEMED TO INCLUDE ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS.

THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS (“YOU”) WHO ACCESS OR USE THE WEBSITE AND/OR BUY THE PRODUCTS LISTED ON THE WEBSITE.

BY ACCESSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE LEGALLY BINDING TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

By accessing and/or using the website and purchasing any products offered on the website, you represent and warrant that:

  • You are either above the age of majority as per the applicable laws to which you are subject

  • You have the right, authority, and capacity to agree to and abide by these Terms and Conditions.

  • If you are accessing the website on behalf of another entity or person, you are authorized to act on behalf of such entity or person and have the full authority to bind such person or entity to these Terms and Conditions.

 

If you are below the age of majority as per the applicable laws to which you are subject, you may only register for and use the website under the supervision and guidance of an adult or your guardian or parent, in which case the adult or the guardian or the parent shall be deemed to be the user and shall be responsible for any activities.

    1. Purchases

      1. The details of the various products offered by us will be indicated on the website.

      2. If you wish to purchase any product made available through the website, you may be asked to supply certain information relevant to your purchase including, without limitation, your name, address, and credit/debit card details.

      3. Certain products may not be available at some time.

      4. We have made commercially reasonable efforts to display as accurately as possible the colors, and images of the products on the website. We cannot guarantee that the color and images will be accurate as this is dependent on the computer monitor. The products may appear larger or smaller than their actual size. Some photos may have been enlarged to show detail.

      5. We reserve the right to change, substitute, or discontinue at any time any products including the pricing and description of products without notice and without liability to you. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the products. You shall check the website for the latest description, pricing and availability of the products.

      6. The stock availability displayed on the website is on an “as is” basis and subject to change, however, we do our best to maintain our ‘in stock’ status at all times. If a product you ordered is out of stock, we will advise you promptly of the other possible options for you such as refund, substitution with another product, or placing the order on hold. If you do not reply to our notification, we will keep your order on hold until the out-of-stock product comes back into stock, at which point your order will be shipped.

      7. The prices displayed on the website for the products are in Canadian dollars and such prices do not include shipping, handling charges, or any applicable taxes (unless specified otherwise) which will be added to your total invoice price.

      8. Prices for our products displayed on the website are subject to change without notice.

      9. All our prices for the products stated on the website are final and non-negotiable.

      10. We reserve the right without prior notice:

        1. to limit the sales of our products in certain geographies, or to any person.

        2. impose limits on the maximum or minimum quantities of products that can be purchased

      11. If the products you selected for purchase are not available at the advertised price, we will offer you options before delivering your order. You have the choice either to accept the other options being provided or cancel your order.

      12. l) If we modify or cancel any order for any reason, we will make commercially reasonable efforts to notify you. For the sake of clarity, we reserve the right to deny or cancel any order even after you have placed the order, for any reason, in our sole discretion. In such case, we will return your money to your original payment method subject to terms herein.

      13. If you have placed an order for a specific product, and then would like to add another product, then you need to contact us immediately at jennifer@bloomagainholistics.com and we will make commercially reasonable efforts to accommodate your request.

      14. The products purchased through the website are for personal use only and not for reselling, distributing, or for any commercial use.

      15. If you intend to resell any of the products that are purchased from this website, then please contact us by e-mail at jennifer@bloomagainholistics.com

      16. We reserve the right to refuse service or sell product to anyone, at any time and for any reason, without notice.

      17. The products displayed on the website may also be available for purchase in select third party locations/stores. The prices of the products in such third-party locations may be different from those appearing on our website.

      18. You are responsible for all charges incurred relating to your credit card or other payment mechanisms, as well as for paying any applicable taxes.

      19. You authorize us and the applicable financial transactions processor to debit your bank account, card account for the applicable charges for products. You agree that there may be any applicable terms and conditions of such a payment processor to which you will be bound and shall comply with the same.

      20. Your placing of the order through the website constitutes your offer to purchase the product selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.

  2. No Guarantees Disclaimer: Bloom Again Holistics makes no guarantees about Client and Bloom Again Holistics work together. The results you experience will be dependent on many factors including, but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/ or Bloom Again Holistics may not be able to anticipate. NOT PROFESSIONAL MEDICAL ADVICE Bloom Again Holistics will only be providing the services that are explicitly listed above in the “Services Included” section and at no time should any of Bloom Again Holistics services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Bloom Again Holistics services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.

  3. Returns and Refunds

    1. Due to the personal time commitment of coaching, we do not offer refunds on sales.

    2. If you become dissatisfied with the service after providing partial payment and wish to cancel, no additional payments will be made for future months.​

  4. Support Hours

    1. We will not be able to answer any of your emails or calls on weekends or any bank/public holidays in Ontario, Canada. We will endeavor to respond to your requests only on the next business day.

  5. Use of the Website

    1. All materials and elements, including without limitation texts, images, audios, videos, illustrations, designs, drawings, downloads, icons, programs, pricing, product descriptions, pricing, specifications, and other materials that are part of the website (“Content”) is subject to copyright and other intellectual property and proprietary rights laws throughout the world and is owned by or licensed to Bloom Again Holistics.

    2. Subject to these Terms, we grant you a personal, non-commercial, limited, non-exclusive, non-transferable, non-sublicensable right to use the website only to view the products, place order for the products and provide any Submissions.

  6. Intellectual Property Rights 

    1. Except for your Submissions, the website, content and all trademarks, graphics, logos, designs, elements used in connection with the same, or any other information, content, materials of any kind available on the website or made available through the website are trademarks or logos or copyrights or other intellectual property rights of Bloom Again Holistics or its licensors and may not be used without our permission.

    2. Your use of the website does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights on the website or content of Bloom Again Holistics or its licensors except as expressly stated herein.

    3. Bloom Again Holistics and its licensors expressly reserve all intellectual property rights on the website, content, products, processes, technology, tools, and other materials that appear on the website. Access or use of the website does not confer any license to use any of our third-party intellectual property rights. 

  1. Promotions/Offers

    1. Any contests, offers, surveys, discounts, or similar promotions (“Promotions”) made available by us through the website may be governed by specific rules in addition to these Terms and Conditions. By participating in any such Promotions, you agree to be bound by such additional rules that may vary from these Terms. 

  1. Compliance with applicable laws

    1. If you access our website and avail of services or buy products, you are responsible for compliance with all local laws. 

  1. Links to Other Web Sites

    1. Our website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites nor do we make any warranties or representations concerning such sites nor endorse such sites or any of their products or services. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON SUCH CONTENT POSTED OR MADE AVAILABLE THROUGH THIRD-PARTY WEBSITES, AND GOODS AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES. WE SHALL NOT BE LIABLE FOR ANY PERSONAL INFORMATION SUBMITTED BY YOU TO SUCH THIRD-PARTY WEBSITES OR ANY PERSONAL INFORMATION COLLECTED BY SUCH THIRD-PARTY WEBSITES. YOU AGREE TO USE ALL SUCH THIRD-PARTY SITES AT YOUR OWN RISK.

  2. Changes to website

    1. Any new features or changes that are made to the website shall also be subject to these Terms unless expressly stated otherwise.

    2. We reserve the right at any time to modify or discontinue the website (or any part thereof) without notice at any time. We shall not be liable to you or any third-party for any loss or damages sustained by you or a third party due to any discontinuance of the website. 

  3. Termination

    1.  We may without prior notice terminate your use of the website or any part thereof or delete your account and remove your Submissions for reasons including but not limited to:

      1. Your breach of any provisions in the Terms of Use

      2. As required by law or directed by any regulatory authorities

      3. Our decision to discontinue the website (or any part thereof)

      4. Any security issues

      5. You waive and hold harmless Bloom Again Holistics and its affiliates, licensors, and suppliers and each of their assigns and successors from and against any claims resulting from any action taken by us under this section. 

  1. Indemnification

    1. You agree to defend, indemnify and hold Bloom Again Holistics, its affiliates, directors, employees, agents, suppliers, licensors, and representatives harmless from and against any claims, damages, costs, causes of actions, liabilities, including without limitation, reasonable attorney fees, resulting from or arising from, or connected with your use of the website or services your breach of any provisions in this Terms and Conditions including without limitation any of your negligent acts or omissions, your violation of any rights (including but not limited to intellectual property rights and privacy rights), your violation of any applicable laws or your Submissions. You expressly release and discharge from any and all liability both known and unknown and covenant not to sue Lana Holistics and its affiliates, directors, employees, agents, suppliers, licensors, and representatives in relation to your use of any third-party websites, services or goods, or your Submissions herein. This provision will survive termination of the Terms and Conditions.

  1. Privacy Policy

    1. Our privacy policy provides information about our collection, use, and disclosure practices related to personal information of users and is incorporated into this Terms.

  2.  Disclaimer

    1. THE WEBSITE AND ALL CONTENT THEREIN IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL ADVICE. THE WEBSITE, SERVICES AND PRODUCTS ARE AND IS PROVIDED ON “AS IS” BASIS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OR ASSURANCE OF ANY KIND EXCEPT AS EXPRESSLY STATED HEREIN.

    2. WE RECOMMEND YOU CONSULT A PROFESSIONAL FOR ADVICE BEFORE PURCHASING OR USING ANY PRODUCT THROUGH THIS WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION. NEVER DISREGARD THE ADVICE OF A MEDICAL PROFESSIONAL, OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ANY PRODUCTS OFFERED ON THE WEBSITE IS AT YOUR SOLE RISK. ANY PURCHASE OF THE PRODUCTS DO NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP HEREIN.

    3. WE DO NOT PROVIDE ANY WARRANTY THAT THE CONTENT (INCLUDING ANY MEDICAL INFORMATION) IS LATEST, COMPLETE, ACCURATE, ADEQUATE, TRUTHFUL, USEFUL, OR RELIABLE. THE INFORMATION RELATED TO PRICING, DESCRIPTION, OFFERS, AVAILABILITY, SHIPPING COSTS, DELIVERY TIMES MAY CONTAIN ERRORS, INACCURACIES, AND OMISSIONS. ANY RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR OWN RISK AND WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTION OR OMISSION OR DECISION IN RELIANCE OF THE CONTENT.

    4. THE PRODUCTS ON THE WEBSITE ARE INTENDED TO SUPPORT GENERAL WELLBEING AND DO NOT INTEND TO TREAT, DIAGNOSE, MITIGATE, PREVENT, OR CURE ANY CONDITION OR DISEASE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES OR INJURY CAUSED OR ARISING OR SUSTAINED BY YOU ON ACCOUNT OF YOU USING THE PRODUCTS WITHOUT READING THE NECESSARY INSTRUCTIONS ON THE PRODUCTS. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND UNDERSTAND THE INSTRUCTIONS AND INFORMATION CONTAINED IN THE PRODUCTS. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY THIRD-PARTY GOODS OR SERVICES ADVERTISED OR SOLD THROUGH OUR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION IN RELATION TO PURCHASE OF ANY THIRD-PARTY GOODS OR SERVICES AND ALL CONSEQUENCES THEREFROM.

    5. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, PERFORMANCE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE RELATING TO THE WEBSITE, CONTENT, SERVICES AND PRODUCTS.

    6. THE ACCESS AND USE OF WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAY, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES OR OTHER DAMAGES OR LOSS OR CLAIMS RESULTING FROM SUCH PROBLEMS.

    7. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE, OR THAT THE WEBSITE OR CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

    8. PRODUCTS SPECIFICATIONS AND PERFORMANCE STATED MAY VARY IN DIFFERENT CIRCUMSTANCES. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, EXPENSES, OR DAMAGE OF ANY KIND, DIRECTLY OR INDIRECTLY, RESULTING FROM YOUR USE OF THE WEBSITE, CONTENT OR THE PRODUCTS. WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS THAT MAY BE FOUND ON THE WEBSITE. WE ARE NOT LIABLE FOR ANY PRODUCTS THAT MAY NOT BE AVAILABLE.

    9. THE WEBSITE AND THE PRODUCTS DISPLAYED MAY NOT BE SUITABLE FOR MINORS (PERSONS UNDER THE AGE OF 18). MINORS ARE ENCOURAGED NOT TO USE THE WEBSITE OR PLACE ANY ORDERS UNSUPERVISED. 

    10. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, BLOOM AGAIN HOLISTICS, ITS AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, AGENTS, REPRESENTATIVES, CONSULTANTS, LICENSORS, CONTRACTORS, AND EACH OF THEIR ASSIGNS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND OR DAMAGES FOR EMOTIONAL DISTRESS OR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION, LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR CONTENT OR PRODUCTS OR FOR ANY INACCURACY, ERROR OR OMISSION IN RELATION TO THE WEBSITE OR CONTENT OR PRODUCTS OR ANY DELAY IN THE TRANSMISSION OR DELIVERY OR FOR ANY TRANSACTIONS CONDUCTED THROUGH THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS IS A COMPLETE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND AND THAT ANY DISCLAIMERS, EXCLUSIONS AND LIMITATIONS HEREIN, ARE PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE. 

    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LANA HOLISTICS LTD. FOR ALL CLAIMS RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT RECEIVED BY LANA HOLISTICS LTD. FROM YOU DURING THE PAST DATE ON WHICH THE CLAIM AROSE.

  2. Governing Law 

    1. These Terms and Conditions are governed by the laws of the province of Ontario, Canada without regard to the conflict of law provisions and you agree to submit to the exclusive jurisdiction of, and venue in, the Ontario courts.

  3. Class Action Waiver

    1. You agree that in the event you have or may have any alleged claim against us, you shall pursue such claim only on an individual basis, and not as a plaintiff or class member in any purported class or representative action.

  4. Injunctive Relief

    1. In the event of your breach or threatened or alleged breach of these Terms and Conditions, we will be irreparably harmed and may not have an adequate remedy in money or damages and shall be entitled to an injunction against such breach or alleged breach from any court of competent jurisdiction. Notwithstanding the foregoing, we shall also have the right to obtain other applicable remedies available at law.

  5. Notices

    1. We will send you notice to the last email address you provided to us. You may give notice to us at the contact details provided below.

  6. Business Days

    1. The term “business days” as stated in this Terms and Conditions means Monday-Friday excluding any public holidays in Ontario, Canada.

  7. Relationship

    1. Your use of the website or products or purchasing the products shall not make you an employee or agent or partner or joint venturer of Bloom Again Holistics.

  8. Force Majeure

    1. We are not responsible nor liable for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, lockdowns, epidemics, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet website providers or any other third party or omissions or acts or omissions of users.

  9. Successors

    1. This Terms binds and benefits the parties and their respective permitted successors and assigns.

  10. Survival

    1. All provisions of these Terms and Conditions which by their nature should survive shall survive the termination. For the sake of clarity, the disclaimer, liability limitation and exclusion, and indemnity clauses in these Terms shall survive indefinitely after the termination of these Terms and Conditions.

  11. Waiver

    1. Any waiver or failure by us to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

  12. Entire Agreement

    1. These Terms constitute the entire agreement between you and us as to the subject matter stated herein.

  13. Severability

    1. If any provision of this Terms is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

  14. Changes

    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion. To the extent permitted by applicable laws, your continued use of the website constitutes your acceptance of such changes.

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