Terms & Conditions

By visiting wholefamilyrhythms.com, you are consenting to our Terms & Conditions.

OVERVIEW

By using wholefamilyrhythms.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. If you do not agree to any part of these Terms and Conditions, you are not permitted to use this Site. The terms “I”, “we”, “us”, and “our” refer to Whole Family Rhythms (“Company”). The term “service” refers to purchase of all eBooks, downloadable PDFS (both free and purchased), consulting with Meagan Wilson and any other information in blog posts and articles.

SITE USE

Information provided on this Site and related to our service of Ebooks, Videos, Blog Posts and Tutorials (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.

In order to use this Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. Any personal information we collect through this Site is subject to our Privacy Policy .

You may use this Site and Service for lawful purposes only. You shall not post on this Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using this Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from or prohibited from using this Site.

PRODUCTS and SERVICES

The products and services made available on this Site are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining our prior written consent. We may cancel any purchases made through this Site if it appears, in our sole discretion, that such purchase is the result of, or related to, fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions related to products offered for sale through this Site are subject to change without notice.

Prices displayed on this Site are quoted in Canadian Dollars and are valid and effective only in Canada. All prices shown are in Canadian Dollars before any applicable tax.  We reserve the right to limit quantities and to correct errors or omissions prior to processing a purchase request. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained on this Site and any information included is subject to change by us at any time.

BILLING and PAYMENT

Unless otherwise agreed to by us, we must receive payment prior to shipping any products.  Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on this website.

REFUNDS

Any purchases made through this Site are subject to our refund policy .

DELIVERY

All products purchased through this Site are delivered by US post. Delivery times will vary depending on your location, but products are typically delivered within 1-3 weeks of purchase.

ACCOUNTS

Some services on this Site, including the free resource library, Ebook in-store purchases and/or Personalized Rhythm consultation, permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. If you register an account on this Site, you are responsible for maintaining the strict confidentiality of your user name and password, and you shall be responsible and liable for any access to or use of this Site (including any purchases made thereon) by you or any person or entity using your user name and password, whether or not such access or use has been authorized by you or on your behalf. You also agree to promptly notify us at hello@wholefamilyrhythms.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site. We may suspend or terminate your account and your ability to use this Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

FEEDBACK

All communications, comments, feedback, suggestions, ideas, and other submissions (including reviews) disclosed, submitted or offered to us on or in connection with this Site (collectively, “Submissions”) shall be and remain our property. Such disclosure, submission or offer of a Submission shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions and you hereby do make such assignment. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Submissions. We shall be free to use the content of any such Submissions, including, without limitation, any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including, without limitation, the development, manufacturing and/or marketing of goods or services. We are under no obligation to: (i) maintain any Submissions in confidence, (ii) pay you any compensation for any Submissions, (iii) respond to your Submissions or (iv) publish your Submissions. You agree that no Submissions by you to this Site will violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no Submissions by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.

INTELLECTUAL PROPERTY

This Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, photos, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of this Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.

LIMITATION OF LIABILITY

The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THIS SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) CHILDCARE AND PARENTING DECISIONS RELATED TO HEALTH, CHILD PSYCHOLOGY, WELLNESS AND EDUCATION  (II) INJURY OR DAMAGE TO PERSONS, ANIMALS OR POSSESSIONS WHILE USING SERVICES OR SITE, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE PROVINCES AND COUNTRIES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100 CAD.

THIS SITE, ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL SUBMISSIONS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THIS SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS AND SERVICES OBTAINED THROUGH IT, AND ALL SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, ARE HEREBY DISCLAIMED. 

IN ADDITION TO THE FOREGOING, BY USING THIS SITE, YOU AGREE TO OUR WEBSITE DISCLAIMER, WHICH IS INCORPORATED INTO THESE TERMS AND CONDITIONS BY REFERENCE.

THIRD PARTIES

This Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of this Site or Service. You shall bear the sole financial burden in connection with any such defence, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

Except for residents of Quebec, this Agreement shall be construed in accordance with, and governed by, the laws of Ontario, exclusive of its choice of law rules. For residents of Quebec, this Agreement shall be construed in accordance with, and governed by, the laws of Quebec, exclusive of its choice of law rules.

The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. Except to the extent you are a resident of Quebec, you irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum. To the extent you are a resident of Quebec, and except as otherwise prohibited by laws applicable to such residents, you irrevocably attorn and submit to the exclusive jurisdiction of the Quebec courts situated in the City of Montreal and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

By using this Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We may modify any portion of these Terms and Conditions at any time provided:

we give you a minimum of thirty (30) days written notice of such modification before it becomes effective; and

to the extent the applicable laws of your jurisdiction require express agreement to the applicable modification, we have obtained your express consent. 

The notice contemplated in (i) above will set out how you can accept or reject the applicable change as required by the applicable laws in your jurisdiction.  By continuing to use this Site thereafter you are deemed to have accepted the new Terms and Conditions with the modifications.

For Quebec residents, the parties to these Terms and Conditions hereby confirm their express wish that this Agreement, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms and Conditions be in the English language only and declare themselves satisfied with this; les parties aux présentes conditions confirment leur volonté expresse de voir la présente convention, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.

CHILDREN

To access or use this Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

Updated: September 2017.