Terms of service

  • All Content
    All content, pictures, words, etc. are © The Living Kitchen Wellness Group, Sarah Grossman, Tamara Green and The Living Kitchen Cooking Club 2020. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited.

 

  • Payment Policies
    1. Free Trial. One free trial per person, entity, company, domain is allowed. This Risk-Free trial period begins at the time of signup, when a user account and subscription are created. The free trial period is for 7 days. 
    2. Payment Schedule. After the free trial period is over, your subscriptions are billed monthly at a current rate of $27 for 1 Month rate, billed every 3 months at $78 for 3 Month rate, billed annually at $299 for 1 Year rate.  Applicable taxes apply based on your location.  This price is subject to change. Advanced notice of any changes to subscriptions will be provided via email.
    3. Credit Card Authorization. To the extent that you provide The Living Kitchen Wellness Group your credit card information for payment on your account, we shall be authorized to charge your credit card. The Living Kitchen Wellness Group is authorized to make all charges at the time they are due, and The Living Kitchen Wellness Group is not required to seek separate authorization to do so. All of your credit card information shall be obtained and stored in a secure manner, as we respect your privacy and confidential information.
    4. No Refunds. If you cancel your membership for any reason whatsoever, you are not entitled to a refund. We only provide a refund in circumstances that we deem, in our sole discretion, to be emergency or exceptional circumstances.
    5. Chargebacks & Payment Security. You hereby agree not to make any chargebacks to The Living Kitchen Wellness Group’s account, whereby you dispute and void the transaction by notifying your bank claiming the charges were fraudulent or unauthorized. Furthermore, you agree that you shall not cancel the credit card provided to The Living Kitchen Wellness Group as security without concurrent notice to Us at the time such credit card is cancelled and providing The Living Kitchen Wellness Group with the replacement credit card information. You are responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with The Living Kitchen Wellness Group’s collection of payment hereunder.
    6. Cancellation You may elect to cancel your subscription at any time, at which point your subscription will be set to cancel at the end of your current billing period.
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  • Important Legal Acknowledgments
    1. Medical Disclaimer. You acknowledge that Living Kitchen is providing a menu planning and recipe service. You are not entering into a patient-healthcare-provider relationship as Living Kitchen is not acting in the capacity of a doctor, but as certified nutritional practitioners. Living Kitchen is not diagnosing or treating any disease or prescribing any medications or supplements. 
    2. Voluntary Assumption of Risk. Clicking the “I have read and agree to the Terms Of Service,” at checkout, illustrates your voluntary participation and assumption of any risks. You further agree that you have full capacity to agree to the voluntary participation in the Services.   
    3. No Warranty. You understand that Living Kitchen makes no warranty that our services will lead to any specific client goal, medical cure, or particular results and we make no promise that every client will experience the same results. In fact, every client may experience different outcomes. You acknowledge that the services provided in the Living Kitchen Cooking Membership are provided without any express or implied warranties of any kind.  

 

  • Release, Waiver, and Indemnity. In consideration of the Living Kitchen Wellness Group allowing you to participate in the Living Kitchen Cooking Membership service and for good and valuable consideration, you hereby release Living Kitchen and their agents, employees, contractors, heirs, executors, administrators, successors, and assigns from any liability and damages arising from the services provided, including physical or financial damages, personal injuries or death, however caused including out of negligence, during your participation in the services with Living Kitchen. You understand that you are releasing Living Kitchen of liability at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the services provided by Living Kitchen. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless Living Kitchen and their agents, employees, contractors, heirs, executors, administrators, successors and assigns from any and all liability for any damages, financial loss or personal injury resulting from your participation in the Living Kitchen Cooking Membership.

 

  • Intellectual Property. Living Kitchen has created unique meal plans, menus, and recipes to help you. You hereby acknowledge that all recipes belong exclusively to The Living Kitchen Wellness Group, as the sole Copyright Owner of the original materials. You will not reproduce or share any of our unique recipes without our prior consent, and you must ensure that the materials are not modified in any way and that The Living Kitchen Kitchen Wellness Group receives all copyright authorship credit. All of The Living Kitchen Wellness Group’s intellectual Property, including copyrighted recipes and menu materials shall remain the sole property of The Living Kitchen Wellness Group.

 

  • Privacy Policy. Living Kitchen may collect personal information including your name, address and e-mail address, billing information, or other personally identifying information (“Confidential Information”). By providing such Confidential Information or other information to us, you consent and grant us permission to use and store such information. We will never sell, rent or share your email address or Confidential Information, except as required by law or in the public interest.

 

  • Confidentiality. The content shared during the registration process is held in absolute confidence between the client and The Living Kitchen Wellness Group and their staff and volunteers. We value your privacy and confidentiality. You hereby acknowledge that we are not acting as medical practitioners, and should you need medical attention please contact your physician. Please note that we may disclose such Confidential Information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our clients or staff (2) to act as immediately necessary in order to protect the personal safety or rights of our staff or the public, or (3) to investigate or respond to any real or perceived violation of any terms of use or agreement with us.

 

  • Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. This means that no matter what we have discussed verbally or you have signed in the past, this document now defines our entire relationship.

 

  • Independent Legal Advice. We want you to understand this Agreement and feel good about signing it. If you want to get a lawyer to review it, please take the time to do that. You acknowledge that you have read the entire Agreement and understand its contents. The client further acknowledges that he/she relied upon his/her own sources of information in signing this Agreement and did not rely on any assertions, promises or information from the Living Kitchen Wellness Group other than the terms of this Agreement.

 

  • Dispute Resolution. If problems arise, the Living Kitchen Wellness Group wants to be prepared and know that you are willing to have honest and open communication. If a dispute arises out of, or in connection with this Agreement, the parties agree to meet in person with an objective third party to act as the mediator, to be selected using a roster mediator in Toronto, Ontario, Canada to pursue resolution through negotiation and mediation before resorting to further legal recourse or litigation. All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process. If the dispute cannot be resolved after 30 days of mediation, and in the event of legal action, the prevailing party shall be entitled to recover all legal fees and court costs from the other party. All legal action must take place in the jurisdiction of the appropriate court located in Toronto, Ontario, Canada.

 

  • Good Faith. Each party agrees and promises to the other that such party has acted in good faith, and agrees to continue to do so during the negotiation, execution, delivery, performance, and any termination of this Agreement. This extends to good faith during dispute any resolution process.

 

  • Standard Legal Terms: Jurisdiction. This Agreement will be governed exclusively by the laws of the Province of Ontario. In any judicial proceeding involving a dispute arising from or with respect to this Agreement, the parties agree to submit to personal jurisdiction of the courts located in the city of Toronto, Ontario. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by the Living Kitchen Wellness Group of any breach by You of any provision of this Agreement will not be taken to be a waiver of any further breaches by You. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above.  Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document.

© The Living Kitchen Wellness Group 2020