the chrysalis coach

terms and conditions

Last updated January 2023

introductions

The following Terms and Conditions (“Terms”) governs how The Chrysalis Coach, a business operating under the laws of the Province of Ontario and federal laws of Canada.  The terms “We”, “Us” and “Company” refer to The Chrysalis Coach including all products or services produced by Us. The term “Site” refers to thechrysaliscoach.com including all materials presented herein and all online services provided by Us, they are all subject to these Terms. The term “You”, “Your” and “User” refer to visitors of the Site.

By using Our Site, You indicate that You have read and understand Our Terms, along with agreed to abide by them at all times.

We reserve the right to change these Terms or to impose new conditions on use of this Site, from time to time, in which We will post the revised Terms on this Site.  By continuing to use this Site after We post any such changes, You accept the Terms as modified.

This agreement along with Company’s Privacy Policy constitutes a valid and binding agreement between the Company and You. 

this agreement

We collect certain types of information from You when You visit Our Site, access Our Services, subscribe to Our newsletter, fill out a form, download resources, make purchases, email, text, take a survey or interact with Us on social media. By accepting these Terms, You are specifically consenting to (i) Our collection of information as described below; (ii) Our use of the information collected (iii) the processing of this information; and (iv) Our sharing of data with third-party processors as needed to run Our business.

This Policy generally applies to information We collect on this Site, electronic messages, non-browser based interactions, interactions with advertising and applications on third-party services, if those applications or advertising include links to these Terms.  It does not apply to information collected by Us offline, or through other means such as any other websites operated by any third-party (including Our affiliates and subsidiaries) or including any application or content (including advertising) that may link to or be accessible from or on the Site.

account information

In order to use Our Services, You may be required to provide information about yourself including Your name, email address, username and password, along with other personal information. You agree that any registration information You give Us will always be accurate, correct and up-to-date.  You must not impersonate someone else or provide account information or an email address other than Your own. Your account must not be used for any illegal or unauthorized purpose.  You must not, in the use of Our Site or Services, violate any laws in Your jurisdiction. 

For more on the security and confidentiality of Your personal identifying information, please read Our Privacy Policy.

refusal of Services

After acceptance of Your order or Service request does it initiate a coach-client relationship and subject to requested Services being offered. We reserve the right to refuse Service to any order, person or entity, without the obligation to assign reason for doing so.  No order is deemed accepted by Us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to Us fulfilling Our previous responsibilities to You based on acceptance of Your payment.

order confirmation & payments

We will email You to confirm the placement of Your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is Your responsibility to inform us as soon as possible. We reserve the right to modify, reject or cancel Your product order whenever it becomes necessary.  Product orders includes, but not limited to, courses, ebooks, merchandise and other digital single-purchase items.

We accept the following payment methods on Our Site:
– Credit Cards
– PayPal
– Debit
– EMT
– AfterPay

When you provide Us Your payment information, You authorize Our use of and access to the payment details You have chosen to use.  By providing Us with Your payment information, You authorize Us to charge the amount due to this payment provider. If We believe your payment has violated any law or these Terms, We reserve the right to cancel or reverse Your transaction and as a result, will not dispatch Your order.

cancellations, refunds & returns

All products such as digital products which includes but not limited such as masterclasses, single workshops, courses, planners are non-refundable. Products and goods which includes but not limited to supplements and merchandise can be returned for exchange or credit within the first 30 days, with an item of equal or less value.

Our Coaching packages will be fully refundable if they are cancelled within 24 hours after the first initial paid session, at Your written request to not continue. If You are looking to re-schedule a session and do not provide more than 24 hours, or fail to show up at scheduled time, You consent to being charged the full Service fee. Services such as Courses or Group Coaching are eligible for cancellation within the first 14 days, where a fee of no less than fifty-dollars Canadian will be applied. As We provide custom quotes, packages and Services, these Terms are to be accepted unless negotiated through written consent otherwise and presented prior to time of payment.

You agree that it is Your responsibility to monitor Your payment instrument to verify success of receipt of any refund or credit issued.

consumer protection law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.

Our intellectual property

This Site contains intellectual property owned by Us; including copyrights, proprietary information and other. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.  We reserve the right to immediately remove you from the Service, without refund, if you violate these Terms.

Your contributions and intellectual property

You acknowledge and agree that any contributions originally created by You, for Us shall be deemed a “work made for hire,” under Canadian Law. As such, the copyrights in those works shall below to Us from their creation.  Thus, We have the right to be declared the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as We determine. You acknowledge that We have the right, but not the obligation to use and display any postings or contributions of any kind and that We may elect to cease the use and display of such materials (or any portion thereof), at any time for any reason whatsoever. 

By posting publicly on Our Site, you agree not to act illegally or violate these Terms.

Third party links

Our Site contains links to third party websites or services that we do not own or control.  We are not responsible for the content, policies or practices of any third party website or service linked to Our Site. It is Your responsibility to read the terms and conditions/privacy policies of these third party providers before use.

Limitations on Linking and Framing

You may establish a hypertext link to Our Site as long as the link does not state or imply any sponsorship of Your Site by Us or by the Site.  However, you may not, without Our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of Our material, content or intellectual property.

limitations of liability

In no event shall We, Our managers, members, employees, licensors, suppliers or agents, be liable for any indirect, incidental, special, punitive or consequential damages whatsoever resulting from your access to or use of Our Site, it’s content, products or Services.  Because some states do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to You. You agree that the maximum total liability of Us to you for any claim under this agreement, whether in contract, tort or otherwise, shall not exceed the actual total amount received by Us from You to access the Site and/or use Our products or Services. The liability of Us shall be limited to the assets that We have. No personal liability shall at any time be asserted or enforceable against Our managers, members, employees or agents on account of this agreement and Your use of the website.  If Your use of the Site, Services, and/or products results in the need for Servicing, repair or correction of equipment or data, you assume all costs thereof.  Each provision of this agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under this agreement between the parties.  This allocation is an essential element of the basis of the bargain between the parties.  Each of these provisions is severable and independent of all other provisions of this agreement.  The limitations in this section will apply, even if any limited remedy fails of its essential purpose.

coaching disclaimer

The User understands that Our Services are provided from a Registered Health Coach and Certified Holistic Wellness Coach.

The information and Services provided on Our Site are for informational purposes only and is not intended to substitute professional medical advice, diagnoses, or treatment.  Always seek advice from your physician or other qualified healthcare provider before undertaking a new health regimen.  Do not disregard medical advice or delay seeking medical advice because of information you read (in/on this Site).  We are not advising to start or stop any medications without speaking first with your medical or mental health care provider. 

Although We create Services with guidance from a Registered Health Coach, Nutritionist, Certified Holistic Wellness Coach and NLP Practitioner, unless working in an exclusive coaching program–the information received from registering on Our Site which includes Our online Services such as courses, seminars and digital products, does not establish any kind of patient-client relationship.

These products and Services come with no guarantees and are purchased, applied and utilized with Your discretion. We provide educational and informational resources that are intended to help You succeed, improve your wellbeing and quality of life. You nevertheless recognize that your ultimate success or failure is the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Us. You also recognize that prior results do not guarantee a similar outcome.  The results obtained by others, whether clients or customers of Ours, setting the principles set out on this Site, are no guarantee that your or any other person or entity will be able to obtain similar results.

release of health care related claims

You acknowledge that throughout the duration of utilizing Our Site and Services that You are fully responsible for Your life and well-being. As well as the life and well-being of Your immediate family and children (if applicable), along with all final decisions made. You acknowledge and accept all risks of the Services offered, including trying new food or supplements, and the risks inherent in making holistic lifestyle changes.

indemnification

You agree to defend, indemnify and hold Us harmless, including Our managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third-party rights, including without limitation any copyright, property or privacy right; and (iv) any claim that one of Your User Submissions caused damage to a third-party or to Us. This defense and indemnification obligation will survive these Terms. You shall provide Us with such assistance, without charge, as We may request in connection with any such defence, including, without limitation, providing Us with such information, documents, records, and reasonable access to You, as We deem necessary. You shall now settle any third-party claim or waive any defense without Our prior written consent.

dispute resolution

Unless other exceptions are described in these Terms, if You are unable to resolve any dispute through informal discussion, then We request written consent from Us, to submit the issue first before a non-binding mediator and to an arbitrator in the event the mediation fails.  The decision of the arbitrator will be final and binding.  Any mediator or arbitrator must be a neutral party acceptable to both You and Us. 

Notwithstanding any other provision in these Terms, We understand that You have the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

recovery of litigation expenses

If any legal action or arbitration or other proceeding is brought to the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

children under the age of 16

Our website is not intended for children under the age of 16 years of age.  No one under age 16 may provide any personal information to or on the Site.  We do not knowingly collect personal information from children under 16.  If You are under 16, do not use or provide any information on this Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site, or provide any information about Yourself to Us, including your name, address, mobile number, email address, or any screen name or user name You may use.  If We learn We have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If You believe we might have any information from or about a child under 16, please contact us at [email protected].