PRIVACY POLICY
TERMS OF PURCHASE
WELCOME TO OUR WEBSITE!
By using our website, you, the person using this website (the ‘User’) agree to our Privacy Policy. Please read these terms carefully before using our website.
Last updated: January 13th, 2025
Keren Reiser Nutrition values its user’s privacy. This privacy notice discloses the privacy practices of www.fodmapease.com (the “Website”), owned by Keren Reiser doing business as Keren Reiser Nutrition, a Company in the Province of Ontario (the “Company”). This Privacy Policy (the “Policy”) will help the User understand how we collect and use personal information from users of our Website. This Policy applies solely to information collected by this Website, kerenreiser.com and any affiliated social media accounts including, but not limited to: Facebook and Instagram.
The Policy will notify the User of the following:
1. What personally identifiable information is collected from you throughout the Website, why it is collected, how it is used and with whom it may be shared;
2. What choices are available to the User regarding the use of your data;
3. The security procedures in place to protect the misuse of the User’s information;
4. How the User can correct any inaccuracies in the information.
The Company and the Website reserve the right to make changes to this Policy at any given time. If the User wants to make sure that they are up to date, we advise the User to frequently visit this page. If we decide to utilize any personally identifiable information in any other manner than prescribed when initially collected, the User will be notified by email.
By using this Website and affiliated social media accounts, the User is consenting to the data collection procedures expressed in this Policy.
1. INFORMATION THE WEBSITE COLLECTS, USES AND SHARES
1.1 This Website provides several opportunities for the User, to voluntarily provide us with personal information in exchange for a free resource, to be added to our email or subscriber list, or to contact us. If the User elects to “opt-in” and provides us with personal information for any of these purposes, we will collect the information provided, which may include the User’s name, email address, phone number, and the text of any messages sent to us. We will also process personal information in the form of comments, images, or videos that the User makes or shares on our blogs, social media pages, or any other online forum currently available now, or made available in the future. The User understands that their decision to provide any information to the Website and/or the Company in this manner is voluntary and constitutes their clear consent to allow the Website and/or the Company to collect, process, and retain such information.
1.2 If the User elects to fill out the “contact us” portion of our Website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, the Website may collect personal information including their name, email address, phone
number, the information the User shared with that social media platform, as well as the text of any message sent electronically. This data will be processed based on the Website’s legitimate interest in communicating with the User and answering any questions or concerns raised. We may also retain the aforementioned data to keep a record of any such communication.
1.3 If the User becomes a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services as requested, including but not limited to User name, email address, billing address, credit card or payment information, and any other information necessary in order to complete the purchase of the product or service the User has elected to buy. The Website will collect and process this data in order to fulfill the contractual obligation to complete the order and will not retain the information any longer than necessary. The Website uses third-party data processors to facilitate user payments, and will not retain nor have access to the User’s payment information.
1.4 If the User is on the Website and or Company’s email list due to their consent to be added, or due to the Website or Company’s legitimate interest in engaging in direct marketing, the Website or Company may also use User data to send targeted social media advertisements or upload User information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from the Website or Company will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from such a list or contact the Website or Company with any questions or concerns.
1.5 This Website may also collect information through Automatic Data Collection Technology. The Website may use or send standard “cookies” to identify the User’s browser from time to time. The Website does not include any personally identifiable information in cookies and will not employ any other mechanisms (other than those discussed above) to capture data on our Website. The Website may use both session cookies (which expire once the User closes their browser) and persistent cookies (which stay on the User’s computer until deleted). The User can accept or decline cookies using web browser settings. If the User chooses to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by the User’s browser.
1.6 This Website may also collect data about how the User uses the Website, browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices the User makes, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our Website and offerings, and ensure the User receives information relevant to them. If the Website utilizes this technology, the Website will use it in compliance with all policies of these third-party companies. This Website may receive personal data from third-parties including Google, social media platforms, search engines, PayPal, Stripe, and other third-party payment processing companies.
1.6 The Company may also obtain the User’s mobile phone number when the User provides it to the Company to receive SMS/text message alerts, notifications, and/or promotional offers. By providing your mobile number, the User expressly consents to receiving such SMS/text messages from the Company and its affiliates using an automated technology. The User’s consent to receive SMS/text messages is not required to purchase any goods, services, or other products from the Company. Message and data rates may apply based on the User’s mobile carrier and their related pricing. The Company does not charge any fees for sending SMS/text messages, but standard message and data rates from the User’s mobile carrier may apply. The User should consult their mobile plan or contact their mobile carrier for their standard rates. The
User is solely responsible for any SMS/text message and data charges from their mobile carrier. The Company may send SMS/text messages using automated dialing technology.
2. HOW AND WHY IT IS COLLECTED
2.1 This Website collects the User’s personal information when you voluntarily and/or directly provide it to the Company to receive a free or paid resource, product, or service, or when the User fills out a form or sends an email to contact the Company, and does so in order to provide the User with the resource the User indicated they would like to receive. The Website may also track the User’s future interactions with content, and use personal information to keep the User informed about the products and services they have elected to receive, as well as any linked or similar products or services the Company thinks the User may be interested in. The information will be collected by the Website following the User’s choice to manually enter it in and click to be added to the Company list. No such information will be collected without the User taking action to be added to the list, or in exchange for a free resource.
2.2 This Website may also receive data from third-parties like Google Analytics, Facebook and other advertising platforms, providers of technical or payment services as needed, and other similar third-parties. The Website will do our best to only utilize third-parties who have been deemed GDPR-compliant, and whom the Company has either completed a data processing agreement with or have reviewed and confirmed their policies regarding data processing to ensure compliance.
3. HOW WE USE YOUR INFORMATION
3.1 The User has the right to know and understand how their information is used. The Website will use the personally identifiable information that the User has voluntarily given us in order to carry out the service or product requested, including free resources, training, newsletters, periodic promotional emails, and to notify the User about any changes to our policies or services. This Website may also use the User’s personal information to form “look-a-like” audiences in the Company’s digital marketing campaigns, which includes uploading User information into our social media advertising campaign.
3.2 If the User purchases something from the Website, we will use the User’s billing address and credit card information to complete your desired purchase or purchases only and will not store or share any such information. By providing this information to the Company, the User understands and agrees that the Company and/or Website may use and store such information to send emails; bill credit cards in exchange for programs or products purchased or utilize comments for marketing purposes.
3.3 If the User makes a purchase from our Website, we may also use your personal information to send necessary updates to our products or services you have purchased or to keep the User informed of any necessary information relating to the Company’s products or services.
3.4 Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using the Website; it is not used for any additional purposes, and the Website does not use any such data to make automated decisions. The Company and Website may also record some or all information to help create a better User experience. The Website may use information such as the User’s IP address to help diagnose technical problems with Company servers or our Website, and to determine which portions of our Website receive the most traffic, to understand which content is the most useful to our visitors. The User’s IP address will not personally
identify them and may be used for such limited purposes as outlined above, in order to improve user experience.
4. HOW INFORMATION IS STORED AND SHARED
4.1 The User has the right to know what information is stored (and not stored) and how it is processed. User information is stored through a data management system, and it is important to this Website and Company to take appropriate measures to ensure your information is kept confidential. The User understands that there are limited purposes where this Website and Company will share the User’s confidential information, including with those who are providing technical support for our Website, or those who are members of our team, including legal and accounting. Any parties who will have access to the User’s information will keep such information confidential and will never share it with any unrelated parties to the best of the Company's abilities. Information provided by the User will never be shared, sold, or given to any other company or person without prior consent, other than what is required to complete a purchase or request made by the User, unless required to do so by law, or any governmental requirements. This Website and Company requires all such third-parties to treat the User’s personal information in accordance with the law and only allows them to process personal data for specific, necessary purposes.
4.2 Please be aware this Website may disclose information provided if required to do so by law, or if there is an honest, good-faith belief that such disclosure is necessary to protect the rights of our Website or of the Company that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may be committed, or to protect the safety or rights of other users. This information may also be shared as a result of the sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should the Company deem it necessary to share such information. This Website will always take all reasonable measures to protect and safeguard the User’s information.
4.3 This Website, and the servers and parties which made this Website available on a global scale, are located within, and operate within, Canada. The Internet laws of Canada govern any and all matters relating to this Website. Any information the User chooses to provide through this Website, including subscribing to a newsletter, opting in to receive a free gift, or purchasing something will be transferred to Canada for processing. That information may then be transferred within Canada or back out of Canada to other countries outside of the User’s country of residence, depending on the type of information, and how it is stored by us. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in the User’s country of residence; however, our collection, storage, and use of the User’s Personal Information will at all times be governed by this Privacy Policy. By visiting our Website, the User acknowledges this information, and by submitting any personal information onto our Website, hereby authorizes this transfer and processing of information.
4.4 By collecting and using the User’s personal data, this Website is acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the personal information will be used for. This Website utilizes a third-party company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors we use have advised us they are compliant with the General Data Protection Regulations as well.
5. YOUR ACCESS TO, AND CONTROL OVER INFORMATION
5.1 The User has the right to update, edit, or delete their information from our database. It is also within the User’s right to opt out of any future communications from us at any time by clicking the “unsubscribe” button at the bottom of any email we send the User from our list. Should the User wish to request access to information that the Company has about them, correct or edit any information, or unsubscribe from the Company’s email list, and/or remove or delete their information from our database, the User also has the option to do so at any time, free of charge, by reaching out via the following email address to: [email protected].
● See what data this Company holds about the User, if any.
● Change/correct any data this Company holds about the User.
● Have us delete any data this Company holds about the User.
● Express any concern you have about this Company’s use of the User’s data.
6. UNSUBSCRIBE OR OPT-OUT
6.1 All users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website please send an email that you wish to unsubscribe to [email protected]. We will continue to adhere to this Policy with respect to any personal information previously collected.
6.2 The User can opt-out of receiving future SMS/text messages from the Company at any time by replying “STOP”, or a variation of this messaging as outlined within the text message(s) to any message received by the User. The User may also opt-out by contacting the Company at [email protected].
7. INFORMATION PROTECTION AND DISCLOSURE
7.1 This Website and our Company take precautions to protect the User’s information against unauthorized access, unlawful processing, accidental loss, destruction, and damage. Any information submitted to the Company via the Website is protected both online and offline. However, no method of transmission over the Internet or method of electronic storage is 100% guaranteed, therefore we can only guarantee a reasonable level of absolute security of the User’s personally identifiable information.
7.2 Wherever this Website collects sensitive information (such as credit card data), that information is encrypted and transmitted to the Company in a secure way. The User can verify this by looking for a lock icon in the address bar and/or looking for “https” at the beginning of the address of the Web page.
7.3 While this Website uses encryption to protect sensitive information transmitted online, we also protect User information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
7.4 Our Company has determined it is not required to appoint a Data Protection Officer, as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects nor do we process sensitive categories of data on a large scale.
8. HOW LONG WE KEEP YOUR INFORMATION
8.1 The data this Website collects from the User will be stored no longer than necessary, based on how long User information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, any limitation periods prescribed by law within which claims
might be made, the type of contract we have with the User, the existence of consent and our legitimate interest in keeping such information as stated in this Policy. In any event, only for as long as the Data Protection Legislation allows.
9. CALOPPA COMPLIANCE
9.1 If the User is a California resident, they have the right to request information from the Company regarding the manner in which we use and/or store the User’s personally identifiable information and share their information with third parties. The user may contact us at the following email address: [email protected].
9.2 For more information about California Do Not Track and User rights as a California resident with respect to User Personal Information, please visit: www.allaboutdnt.com.
10. GDPR COMPLIANCE
10.1 In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) this Website and Company confirms we have lawful grounds for processing the information we collect from the User. If the User provides personal information via the Website “contact us” page or sends us any other form of electronic communication, we will process the User’s data based upon our legitimate interest to respond to user or customer inquiries. If the User elects to receive communication from our Company by “opting in” and provides us with their name and email address in exchange for a free resource or training, or if the User makes a purchase from us, we will process User data for the purpose it was collected based on affirmative consent to do so, and may periodically send additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. The Company may also give the User the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to the User based upon their decision to opt-in to one or more of our free resources, and will obtain User consent to do so. The User may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offences or convictions.
10.2 The data controller responsible for the User’s personal information for the purposes of GDPR compliance is: Keren Reiser, [email protected].
For more information regarding the User’s rights to their Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
11. PIPEDA COMPLIANCE
11.1 If the User is a resident of Canada and a user of this Website, they may request certain information regarding the disclosure of their Personal Information and shall be given access to that information. Individuals may also challenge the accuracy and completeness of the information the Company holds and have it amended as appropriate, if necessary.
11.2 For more information regarding the User’s rights under Canada’s Personal Information Protection and Electronic Documents Act, please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws- in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/
12. GOVERNING LAW
12.1 Any claim relating to the Company’s Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
13. HOW TO CONTACT US:
13.1 If the User has any questions or concerns regarding the Policy related to our Website, please feel free to contact us at the following email address: [email protected]. If the User feels that we are not abiding by this Privacy Policy, they should contact us immediately
Last updated: June 18, 2024
You (the “Client”) understand that by clicking the payment button, entering or providing your credit card and/or debit card information, making a cash, Stripe payment, or otherwise enrolling, electronically, verbally, or otherwise, that you agree to be provided with the following products, programs, and/or services provided by FODMAP Ease (the “Company”), and hereby understand that you are entering into a legally binding Agreement with the Company and are subject to the following terms and conditions:
This Terms of Purchase is to be read in combination with this Website’s Terms and Conditions, Privacy Policy and Disclaimers.
1. TERMS OF PURCHASE
1.1 The intended purpose of this Agreement is to inform the Client of the Terms of their Purchase and any information regarding FODMAP Ease Meal Plan (the “Meal Plan”) sold on or in connection with www.fodmapease.com (the “Website”).
1.2 The Meal Plan isa seven [7] day meal plan guide compatible with a low FODMAP diet. The Meal Plan includes meal suggestions and recipes for breakfast, lunch, dinner, and appropriate snacks based on the Clients needs.
1.3 In addition to the Meal Plan, the Client will have the option to purchase access to IBS Ease including additional dietary change information via email with the delivery of the Meal Plan, subject to an additional fee.
2. CLIENT RESPONSIBILITY
2.1 As part of the Meal Plan services, the Client is responsible for accurately completing a preliminary questionnaire (the “Comprehensive Questionnaire”). The Company will not be responsible for amending or recreating the Meal Plan after its delivery if the Client does not accurately report their likes, dislikes, preferences, allergies and other considerations. The Comprehensive Questionnaire must be completed within three [3] months of the date of purchase or the purchase will be considered forfeit.
2.2 The Client acknowledges that they are responsible for downloading and saving the Meal Plan upon receipt from the Company. The Company will not be liable for resending the files due to any fault, loss, or non-completion by the Client.
3. COMPANY RESPONSIBILITY
3.1 The Company agrees to provide the Client with the Meal Plan suited to the likes, dislikes, and preferences of the Client as described in the Comprehensive Questionnaire. The Company will encourage and support the Client in utilizing the information provided in the Meal Plan.
3.2 The Company shall not be responsible for the assessment, diagnosis, or treatment of the Client’s health concern, nor offer any recommendations for the assessment, diagnosis, or treatment of the Client’s health
concerns. The Company shall solely provide a Meal Plan suited to the likes, dislikes, and preferences of the Client.
4. AGE REQUIREMENT
4.1 Due to the nature of the Meal Plan and the education provided, the Client must be over the age of eighteen [18] to enroll. By clicking the payment button on the Website, registering or otherwise enrolling in the Meal Plan the Client agrees that they are over the age of eighteen [18] and able to participate in the Meal Plan services.
5. TERMS OF PAYMENT
5.1 The Client understands that unless otherwise specified on the order, payment of the purchase price shall be due on the date of purchase. All fees associated with the purchase will be outlined at the checkout page. All prices are in the currency outlined at checkout. If no currency is outlined, the payment shall be in USD. All prices are subject to change.
5.2 The Client understands that by accepting the payment terms herein, they are voluntarily electing to purchase the Meal Plan, and financially willing and able to invest in the Meal Plan by choice. The Client is attesting that by doing so, they are aware of Section 6: Refund Policy.
5.3 The Client agrees that the charges on their credit card in compliance with the terms herein are irrevocable, undisputable and may not under any circumstance be charged back, contested or challenged now or in the future. The Client understands that doing so would be a material breach of this Agreement in which the Company would be entitled to legal fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. The Client further agrees that signing of this Agreement is proof of purchase and all that is necessary to establish to the credit card company or banking institution to deny a chargeback to the Client.
6. REFUND POLICY
6.1 The Client must be intentional when purchasing the Meal Plan. Should the Client change their mind about the Meal Plan, the Client may request a partial refund of up to fifty percent [50%] within seven [7] days of the date of purchase, subject to the condition that no Meal has yet been delivered to the Client. After which, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Meal Plan, failing to use or understand the details of the Meal Plan, not experiencing the results as expected or desired, or experiencing any other similar situations will not, under any circumstance, warrant a refund.
7. DELIVERY OF THE MEAL PLAN
7.1 Upon the completion of the Comprehensive Questionnaire by the Client, the Company will deliver a completed meal plan to the Client within two [2] weeks. The Meal Plan will be emailed to the Client as a document using the email address provided at checkout. The Client understands that it is their sole responsibility to save and download the Meal Plan when received.
8. REVISIONS
8.1 If the Meal Plan includes recipes and suggestions that do not suit the Client’s needs, the Client is eligible for one [1] round of revisions, which must be requested within thirty [30] days of receiving the Meal Plan. Revisions are limited to minor amendments including: (i) recipe substitution, (ii) ingredient alterations, and (iii) recipe modifications. The Client understands that the Company will not amend the meal plan in its entirety for requests different from those outlined in the Comprehensive Questionnaire. Substantial changes to the Meal Plan, such as new diet considerations, may be subject to an additional Meal Plan at an additional cost.
8.2 The Client further understands that one [1] complete round of revisions is to be sent as one email containing all requests. Any additional emails are considered another round of revisions and may be subject to an additional fee as decided upon by the Company.
9. TERMINATION
9.1 The Client understands that the Company retains the right to and may limit, suspend, or terminate the Client’s access to any digital products and/or services sold on or in connection with the Website, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to submit a complete Comprehensive Questionnaire within three [3] months of the date of purchase, (iii) is found to harass the Company, (iv) participates in copyright infringement of any intellectual property produced and/or developed by the Company, (v) or is negatively speaking about the Meal Plan services offered by the Company in public forums without prior consultation with the Company as outlined herein. The Client accepts that if the Company were to terminate the Course, for any other reason than those aforementioned, the Company will award a partial refund that is fair and equitable considering the investment and time left of the Course.
10. INTELLECTUAL PROPERTY
10.1 Any deliverables produced by the Company for the Client will remain the intellectual property of the Company and may not be used in any other form without prior written consent. The Client is provided with a non-exclusive, non-transferable single-user license authorizing the Client to use the materials for their individual purposes only. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from the Company to the Client.
10.2 The Client agrees and understands they are not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Company or obtained through working with the Company, without the Company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately terminate the Meal Plan services without refund, as well as access to any materials purchased by the Client, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
10.3 The Company acknowledges that the material used within the Meal Plan materials including thought-processes, studies and findings, theories, and modalities have all been appropriately sourced and credited throughout the materials.
11. MEDIA RELEASE
11.1 The Client hereby grants full permission to the Company to utilize any post-Meal Plan testimonials provided by the Client for the purpose of social media, website, advertising, online courses, archiving, and
without limitation, commercial use (the “Media”). The Client hereby releases the Company from all claims in which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in said Media and acknowledges all such Media to be the exclusive property of the Company. The Client shall not under any circumstances use the Media for any other purpose than for the benefit of the Company.
12. PRIVACY AND CONFIDENTIALITY
12.1 The Client understands and acknowledges that while the Company will take commercially reasonable measures to protect the confidentiality of the Client’s information, the Company cannot guarantee the safekeeping, housing, and security of the Client’s personal information. For clarity of this section, the Client understands that they will not be instructed to share any personal health or medical information with the Company at any time and should refrain from sharing any medical information in the Comprehensive Questionnaire.
12.2 For further information on how the Client’s personal information is stored, the Client is encouraged to review the Company’s Privacy Policy.
13. DISCLAIMER
13.1 All products sold on or in connection with this Website and/or checkout page are solely meant to provide general and educational information only based on the instructions of the Client. The Client understands that the Company does not guarantee any level of results from the Client’s participation or use of the Meal Plan, and results may vary from client to client based upon unique circumstances, individual commitment, health issues, and dedication and desire to follow the Meal Plan.
13.2 The Client understands that all services provided by the Company in connection with the products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. The Client is choosing to purchase this product and work with the Company on a purely voluntary basis and does not hold the Company responsible should the Client become dissatisfied with any portion of the Meal Plan.
13.3 The Client understands that the Meal Plan is not a medical assessment, diagnosis or treatment, and therefore does not substitute professional medical advice if needed, nor does it prevent, cure, or treat any medical disorder or medical disease. The Company encourages the Client to obtain professional medical advice prior to engaging with the Company and the Meal Plan services. The Company will not discuss medical diagnoses, medical treatment plans, or any medications during the Meal Plan services. No medical advice will be provided. While the Company is a registered dietitian in the Province of Ontario, the Company is not acting within their professional capacity while conducting the Meal Plan services. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional. The Client confirms and agrees that they will not use the Meal Plan as a substitute for medical appointments, dietetic care, or other medical treatment.
13.4 The Client acknowledges and understands that the Company will provide a variety of FODMAP dietary suggestions and recommendations as part of the Meal Plan. The Client retains the right to opt in or out of the suggestions, recommendations, and tasks they participate in. The Company understands and acknowledges that not all suggestions are appropriate for each individual participant and encourages the Client to only participate in suggestions and tasks that are suitable.
13.5 As part of providing the Meal Plan services, the Company may utilize generative artificial intelligence platforms to enhance the quality and efficiency of the final deliverable to the Client. This technology will assist and supplement the expertise of the Company. The Client understands that certain information may be shared with artificial intelligence platforms and while efforts are made to maintain confidentiality and privacy, no system can guarantee absolute security. The Client must use their own judgement when sharing sensitive or confidential information and understands the Company does not have any regulatory requirements to maintain the Client's information as confidential, but shall make commercially reasonable efforts to do so. The Company is not liable for any damages arising from the use of generative artificial intelligence platforms.
13.6 The Company may share reviews of products and/or services that they love at the Company’s sole discretion, but from time to time, the Company may participate in affiliate marketing and may allow affiliate links to be included within the Meal Plan in exchange for a commission earned when the Client clicks or makes a purchase. The Company promises to only participate in affiliate marketing with products and/or services that they believe provide value to the Client. Anything the Company shares is not professional advice and the Company asks that the Client not rely solely on said opinion(s). It is the Client’s responsibility to inform themselves independently if the product and/or service may be of benefit. The Client understands that they retain the right to choose to work with any company and/or platform mentioned, or recommended through the Meal Plan and the Client further understands it is at their discretion to inform themselves independently if the product and/or service may be of benefit.
14. LIMITATION OF LIABILITY
14.1 The Client understands and agrees that through its purchase of the Company’s Meal Plan the Client hereby releases the Company, and by extension its owner, from any and all claims whether known now or discovered in the future. The Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Meal Plan and/or materials provided by the Company, or in connection with the Meal Plan. In no event shall the Company be liable to the Client for any indirect, consequential or special damages as a result of their use of the Meal Plan.
14.2 The Client shall defend, indemnify, and hold harmless the Company and the Company, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Course(s), excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company. In consideration of and as part of the Client’s payment for the right to participate in the Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Course.
15. HEALTH WAIVER
15.1 The Client understands that by using the Meal Plan, they may experience overwhelming and new feelings related to their digestive health. The Client understands that their use of the Meal Plan is entirely voluntary and they agree that while they have dietary restrictions, they have the mental capacity to purchase and use the Meal Plan.
15.2 The Client further understands and agrees that the Company will not perform any diagnostic testing or provide diagnoses as part of the Meal Plan. The Client agrees and acknowledges that nothing within the Meal Plan is diagnostic, and is not intended to be a diagnostic tool. The Company does not run any lab testing for the Client, and will not review any lab testing provided by the Client. The Meal Plan provided is solely for educational purposes and not intended to substitute for a medical diagnosis provided by a medical professional.
16. INDEMNIFICATION AND RELEASE OF CLAIMS
16.1 The Client releases any right to claims against the Company to the maximum extent as permissible under applicable law. The Client agrees that under no circumstances will the Company be liable to any party for any type of injury or damages that they may sustain as a result of participation in the Course with the Company or in connection with any instruction from the Company or the Course materials, while the Client is enrolled in the Course, and the Client hereby releases the Company from any and all claims, whether known or unknown, now or discovered in the future.
17. NO NEGATIVE STATEMENTS OR ACTIONS
17.1 The Client shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. The Client acknowledges that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.
18. SEVERABILITY
18.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19. DISPUTE RESOLUTION
19.1 In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent of the Parties, the Client and the Company agree to attempt to mediate in good faith for up to thirty [30] days after notice is given. If the dispute is not so resolved, and in the event of legal action, the Company will be entitled to be paid by the Client all costs and expenses incurred, including, but not limited to legal fees.
20. APPLICABLE LAW
20.1 This Agreement shall be governed by and under control of the laws of the Province of Ontario regardless of conflict of law principles, and regardless of the location of the Client. The Client understands this and agrees that the laws of the Province of Ontario are to be applicable here.
21. BINDING EFFECT
21.1 This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
22. CONTACT
22.1 If you have any questions about these Terms, please contact us at: [email protected]
© 2025 FODMAP Ease. All rights reserved.