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Website Terms & Conditions of Use

TERMS AND CONDITIONS

 

These terms and conditions (the "Terms and Conditions") govern the use of Tucker Coaching (www.tuckercoaching.ca) (the "Site"). This Site is owned and operated by Tucker Lifestyle Coaching. This Site is an ecommerce website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

 

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

 

1. Intellectual Property All content published and made available on our Site is the property of Tucker Lifestyle Coaching and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

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2. Accounts When you create an account on our Site, you agree to the following:

a) You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
b)    All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

 

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

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3. Sale of Services These Terms and Conditions govern the sale of services  available  on our Site.  The following services are available on our Site:  professional lifestyle coaching and weight management program.

 

a)  The services will be paid for in full when the services are ordered.

b)  These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.

c)   We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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4.      Subscriptions:

a)      Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

b)      To cancel your subscription, please follow these steps:

          i.  provide written notification that you wish to cancel your subscription by email to tuckerlifestyle@gmail.com include your name, contact details and effective date that you wish the subscription to end.

5.  Payments We accept the following payment methods on our Site:

Credit Card; and

e-transfer.

 

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

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

7.      Links to Other Websites 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 on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

8.      Limitation of Liability.  Tucker Lifestyle Coaching and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

9.      Indemnity Except where prohibited by law, by using this Site you indemnify and hold harmless Tucker Lifestyle Coaching and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

10.      Applicable Law These Terms and Conditions are governed by the laws of the Province of British Columbia.

11.      Dispute Resolution Subject to any exceptions specified in these Terms and Conditions if you and Tucker Lifestyle Coaching are unable to resolve any dispute through informal discussions, then you and Tucker Lifestyle Coaching agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Tucker Lifestyle Coaching. The costs of any mediation will be shared equally between you and Tucker Lifestyle Coaching.

Notwithstanding any other provision in these Terms and Conditions, you and Tucker Lifestyle Coaching agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

12.      Severability If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

13.  Changes These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

14.  Contact Details Please contact us if you have any questions or concerns. Our contact details are as follows: Tuckerlifestyle@gmail.com  You can also contact us through the feedback form available on our Site.

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Effective Date: 7th day of May, 2021

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Privacy Policy

Effective date: 7th day of May, 2021

 

www.tuckercoaching.ca ( (the "Site") is owned and operated by Tucker Lifestyle Coaching.   Tucker Lifestyle Coaching is the data controller and can be contacted at: Tuckerlifestyle@gmail.com or phone (250) 882-8226 or by mail 1869 McKinley Court, Kamloops British Columbia, Canada V2E 2L9

 

Purpose:

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:

  • The personal data we will collect;

  • Use of collected data;

  • Who has access to the data collected;

  • The rights of Site users; and

  • The Site's cookie policy.

 

This Privacy Policy applies in addition to the terms and conditions of our Site.

GDPR For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018. We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

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Consent

 

By using our Site users agree that they consent to the conditions set out in this Privacy Policy.

 

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.  You can withdraw your consent by contacting Tucker LifeStyle Coaching by mail or email at Tuckerlifestyle@gmail.com.

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Legal Basis for Processing

 

We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal bases to collect and process the personal data of users in the EU:

  • Users have provided their consent to the processing of their data for one or more specific purposes; and

  • Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the personal data necessary to perform a contract the consequences are as follows: Unable to process payments.

 

Personal Data We Collect

 

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

 

Data Collected Automatically

When you visit and use our Site, we may automatically collect and store the following information:

  1. IP address;

  2. Location;

  3. Hardware and software details;

  4. Clicked links; and

  5. Content viewed.

 

Data Collected in a Non-Automatic Way

We may also collect the following data when you perform certain functions on our Site:

  1. First and last name;

  2. Age;

  3. Date of birth;

  4. Sex;

  5. Email address;

  6. Phone number;

  7. Address;

  8. Payment information; and

  9. Auto fill data.

 

This data may be collected using the following methods:

  1. Create an account; and

  2. Request for information.

 

How We Use Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. The data we collect automatically is used for the following purposes:

 

Statistics.

 

The data we collect when the user performs certain functions may be used for the following purposes:

  1. Communications; and

  2. Marketing.

 

Who We Share Personal Data With

 

Employees

 

We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;

  2. If it is required for any legal proceeding;

  3. To prove or protect our legal rights; and

  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

 

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

 

How Long We Store Personal Data

User data will be stored until the purpose the data was collected for has been achieved. You will be notified if your data is kept for longer than this period.

 

How We Protect Your Personal Data

In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee's termination. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore, we are unable to guarantee the security of user data beyond what is reasonably practical.

 

International Data Transfers

We transfer user personal data to the following countries:

Canada, United States of America.

 

When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally.

If you are located in the United Kingdom or the European Union, we will only transfer your personal data if:

The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or as reasonably practical.

We have implemented appropriate safeguards in respect of the transfer. For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient.

 

Your Rights as a User

 

Under the GDPR, you have the following rights:

  1. Right to be informed;

  2. Right of access;

  3. Right to rectification;

  4. Right to erasure;

  5. Right to restrict processing;

  6. Right to data portability; and

  7. Right to object.

 

Children

 

We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

 

How to Access, Modify, Delete, or Challenge the Data Collected

If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:

Privacy Officer, TuckerLifestyle Coaching, 1869 McKinley Court, Kamloops, British Columbia, Canada, V2E 2L9 or email to Tuckerlifestyle@gmail.com with subject line Privacy Officer.

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Do Not Track Notice

Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.

 

How to Opt-Out of Data Collection, Use or Disclosure

 In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking "unsubscribe" on the bottom of any marketing email or updating your email preferences under "Your Account"

 

Cookie Policy

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.

Refund and Cancellation Policy

Once your appointment date and time has been confirmed, full payment for the appointment is due immediately upon receipt of your invoice. Your payment reserves the appointment time and is then subject to the following refund/cancellation policy. 

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  1. If you cancel your appointment with less than 24 hours notice, then you are not eligible for a refund.

  2. If you cancel with more than 24 hours notice, then you are eligible for a full refund.

  3. If you reschedule your appointment with more than 24 hours notice, you can rebook an new appointment without any additional charges.

  4. If you reschedule your appointment with less than 24 hours notice, then there is a $50.00 administrative fee applicable for rescheduling your appointment. This fee must be paid at the time of rescheduling your appointment.  Your original appointment coaching fee paid will be applied to your new appointment time and invoice. 

  5. If you fail to provide notice or to reschedule your appointment and you fail to show for your  appointment time, then all fees paid are non-refundable. 
     

In the event that Tucker Lifestyle Coaching initiates the cancellation or rescheduling of the appointment, either a full refund will be provided, or the pre-paid fee will be applied to the rescheduled appointment.  Tucker Lifestyle Coaching reserves the right to cancel or reschedule an appointment without advance notice.

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