THIS SITE IS NOT INTENDED TO BE USED IN CASES OF EMERGENCY OF ANY NATURE WHATSOEVER.
IF YOU HAVE OR ARE AWARE OF, AN URGENT OR EMERGENCY SITUATION, PLEASE LEAVE THIS SITE IMMEDIATELY AND CONTACT THE CALGARY DISTRESS CENTRE AT 403-266-1601 OR 911.
“30 DAYS OF QUOTES” ARE NOT MEANT TO REPLACE COUNSELLING. IF YOU REQUIRE COUNSELLING PLEASE CONTACT US AT 587-832-4357.
For restricted access to online individual counselling (the “Online Services”) through this Site, existing Clients are referred to the Additional Terms which shall govern use of such Online Services. The Additional Terms shall be read with these Terms and Conditions of Use of this website (the “Terms”), and can be found at Schedule “A” hereto. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.
Online services are restricted to use by residents of Alberta, Canada, who are physically present in Alberta, Canada while receiving online services, only. By using this site, you hereby warrant your compliance with this paragraph and indemnify Nurtured Learning Inc. and any of its directors, officers, shareholders, employees, agents or any of its representatives or related persons to the fullest extent of the law in respect of any and all claims, actions for damages or regulatory action arising out of or in connection with the facts related to your compliance with this paragraph.
TO PROTECT YOUR OWN INTERESTS, YOU MUST READ AND UNDERSTAND THE FOLLOWING IMPORTANT TERMS BEFORE PURCHASING PRODUCTS FROM OUR SITE.
If you are uncertain as to your rights under these Terms or you want any explanation about them please e-mail or telephone us at the e-mail address and telephone number set out at “contact us”.
When you buy products from us under these Terms you have legal rights. The law gives you certain legal rights including that the products are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights.
1. INTRODUCTION
(a) These terms of use explain how you may use this website (the “Site”). References in these terms to the Site includes the following website(s) nurturedlearning.ca and all associated web pages. You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them including amendments and additions thereto (the “Additional Terms”), which may be part of or become part of this Site in the future. In the event of any conflict between these Terms and Additional Terms, the Additional Terms shall prevail.
(b) If you do not agree with or accept any of these Terms, you should cease using the Site immediately. If you have any questions about this website, please contact our “Contact us” email address.
1.2 DEFINITIONS
In these terms, the following words have the following meanings:
(a) “Additional Terms” has the meaning given to it in paragraph 10(b)2;
(b) “Confirmation E-mail” has the meaning given to it in paragraph 10(a)4;
(c) “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
(d) “Contract” has the meaning given to it in paragraph 10(a)4;
(e) “Site” includes the following websites: nurturedlearning.ca and all associated web pages;
(f) “Specific Terms” has the meaning given to it in paragraph 10(b)1;
(g) “Terms” means the terms and conditions set out in this document, any Additional Terms and any Specific Terms;
(h) “We”, “us” or “our” means Nurtured Learning Inc., company registration number 2018197281 and whose registered office address is at #302, 1011 Glenmore Trail SW, Calgary, Alberta T2V 4R6;
(i) “You” or “your” means the person accessing or using the Site or its Content.
1.3 PRIVACY POLICY AND ADDITIONAL TERMS
(a) These terms include our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these terms.
1.4 MINIMUM AGE FOR USE OF THIS SITE
(a) This Site is intended for and directed to residents of Canada over the age of 18 years. If you are not 18 years of age, you may not use this Site. By continuing to use this Site, you warrant that you are at least 18 years of age and also that you have full capacity to make your own decisions about your health and financial affairs.
1.5 ACCESSIBILITY
(a) We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at 403.281.3001 Ext 3 and / or use the website accessibility tools available.
2. RESTRICTIONS ON USE
(a) This Site is not intended to be used in cases of emergency of any nature whatsoever. If you have or are aware of, an emergency situation, please leave this Site immediately and contact the Calgary Distress Centre at 403.266.1601 or 911.
(b) This Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
i) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; iii) not to infringe our copyright, or reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as
permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
(iv) not to use the Site to distribute viruses or malware or other similar harmful software
code;
(v) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
(vii) not to misrepresent the Content or this Site as psychological advice, counselling or services of any nature whatsoever, to any third party, or to infringe its copyright, or to pass yourself off as the author or originator of the Content or any part thereof, in any manner whatsoever.
(c) We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
(d) You agree that you will pay legal costs on a solicitor and client basis incurred by us to prevent or stop infringement by you of any of these Terms.
3. Psychological Services, Counselling and Advice
(a) Nothing on this Site shall be construed as the provision of psychological counselling, services or advice. In the event that the Site specifically provides a portal for restricted access to online psychological counselling, services or advice for existing clients of Tina Parsons, registered psychologist, then the Additional Terms listed in Schedule “A” hereto shall govern the use of Online Services as may be offered by this Site from time to time, and shall prevail in the event of conflict with these Terms ONLY for those users who are explicitly granted authorization by us to access and use the Online Services.
(b) Except where an existing client of Tina Parsons, registered psychologist, is specifically given access through the portal for online psychological counselling, services or advice described in paragraph 3(a) hereof, Users of this Site are not to interpret or use the Content of this Site as psychological counselling, services or advice of any sort whatsoever. Users are warned that the Content is for general informational purposes only, and is not intended to be acted or relied upon in the place of a consultation with a registered psychologist.
(c) No professional relationship exists between you and us, or Tina Parsons, registered psychologist, merely as a result of your use of this Site.
(d) The Site is not monitored at all times, and does not in any manner offer or guarantee access to psychological counselling, services or advice at any time, and while we endeavor to be responsive to all enquiries, we do not guarantee a prompt or even any response to your enquiry through this Site. Should you require immediate assistance, contact the Calgary Distress Centre at 403.266.1601 or 911.
4. Financial Policy
In the event that this Site permits you to make appointments online, the following will govern payment:
(i) Missed or Cancelled Appointments – missed or cancelled appointments with less than 24 hours’ notice will be billed at the full fee for the time scheduled. Monday appointments must be cancelled or rescheduled by no later than noon on the previous Friday.
(ii) Fees for service are due and payable by cash, debit or visa/master card, at the beginning of each session. Receipts to enable you to arrange repayment directly with your insurance provider are provided.
5. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
(a) This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
(b) Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
(c) Trade-marks: Nurtured Learning is our trade-mark. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
6. SOFTWARE, SOUND OR VIDEO RECORDINGS FOR DOWNLOAD
(a) Where any software, sound or video recordings (the “Software or Media Downloads”) are made available for downloading from the Site, this is our copyrighted work and /or that of our licensors. You may only use such Software or Media Downloads in accordance with the terms of the end user license agreement, if any, which accompanies the Software or Media Downloads and, subject thereto, in accordance with these terms. All such Software or Media Downloads are made available for downloading solely for your personal use in a non-commercial manner. Any reproduction or redistribution of Software or Media Downloads not in accordance with the end user license agreement and/or these terms is expressly prohibited, and may result in severe civil and criminal penalties.
(b) Our software or Media Downloads are warranted only to the extent expressly required by Canadian law or according to the terms of the end user license agreement. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the Software or Media Downloads, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. In no event shall our aggregate liability in respect of any such Software or Media Download exceed the limitations and liability in the applicable end user license agreement, or in all other cases the amount you paid us for the relevant Software or Media Download.
7. SUBMITTING INFORMATION TO THE SITE
(a) The Site, save for the restricted Online Services portal of this Site, is a not a secure means of communication. Any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any personal or sensitive or confidential information, patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential, private or commercially or personally sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
(b) Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide, so you shall be entitled to use your own material yourself subject to applicable law.
(c) You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us, and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Statement.
8. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
(a) While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute psychological, technical or financial, counselling or legal advice or any other type of advice and should not be relied on for any purpose.
(b) While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
9. HYPERLINKS AND THIRD-PARTY SITES
(a) The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
10. ORDERING PRODUCTS FROM THE SITE
(a) The steps required to create the Contract between you and us are as follows:
1. You can place an order on the Site here: www nurturedlearning.ca.
2. When your order is placed with us at the end of the online checkout process, we will e-mail you to acknowledge that we have received your order. This order acknowledgment does not, however, mean that your order has been accepted by
us;
3. We may send you an e-mail to say that we do not accept your order. This is typically for the following reasons:
i. the products are not available; ii. we cannot obtain authorization of your payment;
iii. there has been an error by us on the pricing or description of the
products;
4. We will only accept your order when we send you an e-mail that confirms this (“Confirmation E-mail”). At this point, a legally binding contract will be in place between you and us and at this point we will dispatch the products to you (“Contract”).
(b) When you order products from the Site, Specific Terms or Additional Terms or both may apply as follows:
1. Certain products that we sell may have specific terms and conditions that apply to them which are set out on the relevant webpage (“Specific Terms”). These Specific Terms may include matters relating to safety precautions and warnings to the possession, use and enjoyment of the products.
2. We may also add to or replace these terms and conditions with additional terms and conditions (“Additional Terms”), and such Additional Terms shall be applicable as soon as we upload them to our website. This may happen, for example, for security, legal or regulatory reasons. You are responsible to review the Additional Terms which will apply to the Contract each time you purchase from our website.
(c) When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting your order to us.
(d) If you are less than 18 years old you may not purchase any products from the Site. (e) While we try to ensure that:
1. all weights, sizes and measurements set out in the Site are as accurate as possible, there may be a tolerance of up to 1.5% in such weights, sizes and measurements;
2. the colours of our products are as accurately displayed as possible on the Site, the actual colours that you see on your computer may vary depending on the monitor that you use.
11. NATURE OF THE PRODUCTS AND FAULTY PRODUCTS
(a) The law gives you certain legal rights if any of our products are faulty. You have rights relating to refunds and to have such products repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights.
(b) The packaging of the products may vary from that shown on the Site.
(c) If we experience difficulties in supplying certain products we may need to substitute them with alternative products of equal or better standard and value. We will try to e mail to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and advise you how long such an offer remains open.
12. “COOLING OFF” PERIOD AND YOUR RIGHT TO CANCEL THE CONTRACT Product with value under $50:
(a) If the total value of the product is less than $50, you may cancel the contract if we engaged in an unfair practice, whether the unfair practice occurred before, during or after the contract was entered into.
Product with value of $50 or more:
(a) You have a legal right to cancel the Contract during the “cooling off” period set out in this paragraph 12.
(b) You may at any time from the date the contract is entered into until 7 days after you receive a copy of the contract cancel the contract if we have not disclosed information to you as regulated by the Internet Sales Contract Regulation 81/2001.
(c) You may cancel the contract within 30 days from the date the contract is entered into if we do not provide you with a copy of the contract.
(d) You may cancel the contract at any time before delivery of the product if we have not delivered the product to you within 30 days from the delivery date specified in the contract,
or an amended delivery date that was agreed upon between you and us, in writing or electronic form.
(e) If a delivery date is not specified in the contract, you may cancel the contract at any time before delivery of the product if we do not deliver the product within 30 days from the date the contract is entered into.
13. DELIVERY
(a) The estimated date for delivery of the products will be set out in the Confirmation E-mail. If something happens which is outside of our control and which affects the estimated date of delivery, we will give you a revised estimated date for delivery of the products. Unless you and we agree otherwise, if we cannot deliver your products within 30 days of the Confirmation E-mail, we will e-mail you to advise you and we will cancel your order.
(b) Delivery of the products will take place when we deliver them to the address that you gave to us. We use Canada Post to deliver our products. You will be responsible for the products when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the products) and you will own the products when we receive payment in full for them and any related delivery charges. Please note that we do not make deliveries to any addresses outside of Canada.
14. PAYMENT
(a) You may pay for the products by using the following payment methods:
i) Cash; ii) Cheque payable to Nurtured Learning; iii) Credit Card; iv) E-Transfers; v) Paypal
(b) We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the products is secure by using an encrypted secure payment mechanism but in the absence of gross negligence of our part we will not be liable for any loss that you may suffer if a third party gains unauthorized access to any information that you provide to us.
(c) Your credit card or debit card will only be charged when the products are dispatched.
(d) All payments by credit card need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received the products that you ordered from us, you must pay for such products within 30 days or must return them to us as soon as possible. You must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the products) and not use them before you return them to us. If you do not pay for the products or return them to us in accordance with this paragraph;
1. we may collect the products from you at your expense. We will e-mail to advise you if we intend to do this;
2. we may also charge interest on any balance outstanding at the rate of 3% per annum above the Bank of Nova Scotia’s base rate. We will e-mail to advise you if we intend to do this.
(e) Nothing in this paragraph 14, affects your legal rights to cancel the Contract during the “cooling off” period under paragraph 12.
(f) The price of the products:
1. includes GST at the applicable rate;
2. does not include the cost of delivering the products;
3. is quoted in Canadian dollars.
15. TERMINATION OF THE CONTRACT
(a) If the Contract is terminated it will not affect our right to receive any money which you owe to us under the Terms.
16. WARRANTIES AND LIMITATION ON LIABILITY
(a) You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether expressly or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
(b) To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, and any representation or statement made on the Site.
(c) We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
(d) Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.
(e) Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
(f) Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
17. GENERAL
(a) These terms are dated September 20, 2017. No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
(b) Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our registered address at #302, 1011 Glenmore Trail SW, Calgary, Alberta T2V 4R6 and all notices from us to you will be displayed on our website from time to time.
(c) We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
(d) If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
(e) These terms and conditions (together with the Privacy Statement and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
(f) You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
(g) These terms and conditions shall be construed in accordance with and governed by the laws of the Province of Alberta.
(h) The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.