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Terms and Conditions and Privacy Policy
Terms and Conditions
1. Acceptance of Terms
By using or visiting Vibrancywater.ca (the "Website"), owned and operated by Advanced Health Technologies (AHT), you agree to these terms and conditions (the "Terms") set below. AHT may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Website after they are posted online.
2. Vibrancy Water Website
These Terms apply to all users of the Website. The Website contains links to third party websites that are not owned or controlled by AHT. The links to the third party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third party websites by AHT. AHT has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
3. User Accounts
To access some features of the Website, you may have to register for a Vibrancy Water user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify AHT immediately of any breach of security or unauthorized use of your user account. Although AHT will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of AHT or others due to such unauthorized use.
4.Ownership of Website Content
As between you and AHT, AHT owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, but excluding 3rd party materials identified as such on the Website, audio-visual material legally embedded and shared on the Website originating from a linked location and graphic material authorized to be used by us by Natural Action Technologies Inc.. AHT grants you a limited license to use, download, print, or reproduce in whole or in part, the Content on this Website, subject to the following conditions: · they must be used or reproduced accurately, without any modification; · they must identify Vibrancy Water as the source; · they must be used solely for non-commercial purposes; and · a copyright notice must appear on every copy in the following form: · “© Advanced Health Technologies. All rights reserved”. AHT’s express, prior, written permission is required for any Content that is not included in the license above, such as any graphical elements or website code, and/or for the use of Content for any purpose not expressly permitted above, such as for any commercial purpose whatsoever.
5. DISCLAIMER
YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AHT DOES NOT WARRANT THAT THE WEBSITE OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, AHT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. AHT MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE WEBSITE AT ANY TIME. AHT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
6. LIMITATION OF LIABILITY
AHT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (I) ERRORS OR OMISSIONS IN CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF AHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AHT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
7. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AHT, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, JUDGMENTS, LOSSES, LIABILITIES, COSTS OR DEBT, ATTORNEY'S FEES AND OTHER EXPENSES ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE WEBSITE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (III) ANY CLAIM THAT YOU DID NOT HAVE THE RIGHT TO PROVIDE ANY USER CONTENT . THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE WEBSITE. IN SUCH A CASE, AHT WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
8. Miscellaneous
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Website, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Website is physically maintained and operated by AHT from the Province of Ontario. Anyone accessing this website from other jurisdictions assumes sole responsibility for compliance with local laws. You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. These Terms constitute the entire agreement between you and AHT with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
9. Code of Conduct
a. You may not use the Website for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website. b. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, associated servers or computer network, or interfere with any other party's use and enjoyment of the Website. c. You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, you will not: · post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; · defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; · post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party; · impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content; · use the Website in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise); · use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website to collect information about other users or domain names; · upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or · submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party. d. While CIRA prohibits such conduct and User Content in connection with the Website, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Website at your own risk. e. AHT reserves the right to monitor use of this Website to determine compliance with these Terms.
10. Health or Medical Advice
The Vibrancy Water website and affiliated Social Media accounts are maintained only for informational purposes and for selling products. Neither the products nor the statements made about the products shown and referred to on this website have been evaluated by Health Canada, the FDA, AMA or any other medical entity. The views and opinions expressed on this website by Advanced Health Technologies, its management, distributors, customers and/or others solely represent the conclusions of said speakers and are not guarantees that anyone using the products will achieve the same results. These conclusions and products are not intended to be substitutes for the diagnosis, treatment, cure or prevention of any disease or injury, nor should they be taken as substitutes for the advice of a physician. Anyone suffering from disease or injury should consult with a physician. All content posted on this site is commentary or opinion and is protected under Freedom of Speech.
11. Affiliated Social Media Accounts
Social Media accounts include any Social Media platforms in which we engage in interacting online for the purposes of creating, sharing, and exchanging information and ideas in virtual communities and networks. This includes, Instagram, Facebook, Twitter, Pinterest, and any other Social Media platform where we hold an account. Interactions via affiliated Social Media accounts do not imply endorsement. Social Media accounts are maintained for informational purposes only. The information provided does not constitute medical or legal advice nor is it a legal opinion. This applies to all Social Media accounts that are affiliated to and operated by AHT. On our social media accounts, our interactions may include, providing comments, “liking”, "favouring" and/or “sharing” of content. This may encompass s posts from other users and links to external websites, including third-party content. Please note that this list is non-exhaustive and it is subject to change, as the Social Media platforms evolve.
Questions or Concerns
These terms and conditions are effective June 13, 2018. © 2018 Advanced Health Technologies. All rights reserved.
Privacy Policy
Trust and privacy are important to us at AHT. We recognize the importance of protecting the personal information we receive in a fair and responsible manner and in compliance with our obligations under the applicable privacy legislation. Please review, below, our Privacy Policy which will govern the way in which we process any personal information that users may provide to us through this website.
In the context of this policy, the term “user” includes all current, former and prospective users of this website. Our Privacy Policy applies only to personal information about identifiable individuals. “Personal information” means information about an identifiable individual but does not include the name, title or business address or phone number of an employee of an organization.
By using this website and interacting, the user is accepting the practices described in this Privacy Policy. The privacy practices outlined in this Privacy Policy are for all Private Information collected through our office, website and affiliated Social Media accounts only (Instagram, Twitter, Facebook and Pinterest). Please note that our website may be accessed and users may interact with us through our affiliated Social Media accounts without disclosing personal data. When linking to other websites through our website or affiliated Social Media accounts, it is recommended that users review the privacy policies posted at those sites.
Privacy Rights
The Personal Information Protection and Electronic Documents Act ("Act") came fully into effect and required compliance with all its provisions by all affected organizations in Canada on January 1, 2004. The conduct of every organization in Canada that uses, collects, or discloses personal information is governed by the Act. The obligations under the Act extend to lawyers and law firms, including AHT. The Act gives individuals rights concerning the privacy of their personal information.
AHT is responsible and accountable for the personal information we collect and hold. In order to inform our website users of our practices and policies regarding the collection, use, retention and disclosure of personal information, we have prepared and are providing this electronic copy of our Personal Policy. This policy outlines the framework of AHT’s policies and practices regarding the handling of personal information in respect of its clients and others and supplements, where applicable, our professional obligations of confidentiality and solicitor/client privilege.
Collection of Personal Information
AHT collects personally identifiable information when voluntarily submitted by our website users. Our practice is to collect information only by fair and lawful means and not in an unreasonably intrusive way. Generally, we collect such information in order to provide newsletter emails or in order to provide other related content to website users. This information is only used to fulfill the specific request, unless we are provided with permission to use it in another manner. We will not, as a condition of providing our users with content, services and products, require consent to the collection, use or disclosure of personal information beyond which is absolutely necessary. Members of the public may access the AHT website without supplying us with any personal information. What personal information do we collect? Personal information includes any information that identifies you, or by which your identity could be deduced. Examples of the type of information we collect include: Contact information, including, name and email address
Who may process data?
An individual’s personal information (which includes name, address and any other personal details which are provided to us) may be processed by, both, us and our webmaster. Each of us will only process such information in accordance with this Privacy Policy.
Purpose of processing
providing email newsletters; providing services as requested; evaluating user satisfaction; and providing other marketing information.
Disclosure of information
In addition, we may disclose personal information to third parties if we merge or reorganize. We may disclose such personal information before and after a transaction.
Security of Personal Information
Please be advised that no method of storing or transmission is completely secure. While we take all appropriate measures to protect our client’s personal information, there is always a risk that it may be lost, intercepted or misused. AHT may exchange electronic versions of documents and e-mails with the client using commercially available software that is vulnerable to attack by viruses and other deconstructive electronic programs. We are unable to guarantee that all transmissions sent via e-mail will always be received, or that such transmissions will always be virus free. We make no warranty with respect to the integrity of any electronic communications with respect to the security of any such communication and the client consents to our exchange of electronic communications, including confidential documents, unencrypted.
Website
On our website, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. This is in keeping of the practice of most other commercial websites. We may provide aggregated information to third parties, but these statistics will not include any identifiable personal information.
Cookie/Tracking Technology
Our website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if the client previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Disclaimer of Warranty and Liability
We do not represent or warrant that the information accessible via this website and affiliated Social Media accounts is accurate, complete or current. We accept no liability whatsoever in respect of any use which the user makes of such information. While we make all reasonable attempts to exclude viruses from the website, we cannot ensure same, nor is any liability accepted for viruses. We therefore recommend that the user takes all appropriate safeguards before downloading information or images from this website. All warranties, express or implied, statutory or otherwise are hereby excluded. Neither we nor any of our employees or affiliated entities will be liable for any kind of damages, howsoever arising, including, but not limited to: loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive, or special damages, or any liability which the user may have to a third party, even if we have been advised of the possibility of such loss. We are not responsible for the direct or indirect consequences of the user linking to any other website from this website. The information obtained at this site is not, nor is it intended to be, medical or legal advice. Users should consult a legal professional, physician or other health care professional for advice regarding their individual situation. We invite users to contact us and welcome electronic mail. Contacting us constitutes a commercial-based relationship unless you receive written statement from us that states otherwise.
Changes to this Privacy Policy
We reserve the right to make changes to this policy. Any changes to this policy will be posted. The most current version of our Privacy Policy will be posted on our website at www.vibrancywater.ca. Notwithstanding any changes we make to our Privacy Policy, we will only use website user's personal information in accordance with the version of the Privacy Policy in place at the time that such information was provided, or as otherwise permitted by law, unless express consent from the client has otherwise been provided.
Access to information
Users may inquire as to whether we are storing personal information about them by contacting us. Upon request we will provide a copy of the personal data we hold about the individual which they are entitled to see. We may ask for proof of identity before providing any such information and we reserve the right to refuse to provide such information if identity is not established.
Updating Information
As we may use personal information in the course of providing services to our users, it is important that the information records be accurate and up to date. We request that users please inform us in the event that any personal information changes so that we can make any necessary amendments.
Questions or Concerns
For any questions, concerns, or comments about our Privacy Policy, or to request further information, or to change any consent regarding our use or disclosure of personal information, please contact our office us using the information below. We treat all privacy concerns seriously and will investigate any concern, seeking resolution within a reasonable time.
By e-mail: info@vbrancywater.ca These terms and conditions are effective June 13, 2018. © 2018 Advanced Health Technologies. All rights reserved.
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