Terms & Conditions
Last Updated: January 18th, 2025
Effective Date: November 9th, 2023
Please read these Terms of Service ("Terms") carefully before using www.livvvingwell.com and the services, features, content, or applications offered by LIV Health & Wellness (“LIV,” “we,” “us,” or “our”) (together with the Site, the “Services”). These Terms set forth the legally binding terms and conditions for your use of the Site and Services. By accessing or using the Services, you accept and agree to be bound by these Terms and our Privacy Policy.
Acceptance of Terms
By using the Services in any way, including but not limited to visiting or browsing the Site or registering an account, you agree to comply with these Terms and all policies incorporated by reference. These Terms apply to all users of the Services, including without limitation users who are contributors of content, registered or otherwise. By booking or using our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree with any part of these Terms, you may not access or use our services.
Client Eligibility
Age Requirement: You must be 18 or older to use our services. For clients aged 16-17, parental or guardian consent is required for workshops and coaching sessions.
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Location: While services are accessible globally online, some in-person workshops are based in Ontario, Canada, and may have specific location requirements.
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Health: Our services are designed for individuals seeking general wellness support. They are not suitable for clients needing crisis intervention, emergency services, or specialized medical treatment.
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Our services are available to individuals aged 18 and over. You represent that you are at least 18 years of age. By using our services, you confirm that you meet this requirement. If you are under 18, you may not use the Services without parental or legal guardian consent. Minors must provide written consent from a parent or guardian for coaching or workshop attendance. We may, at our sole discretion, refuse to offer the Services to any individual or entity and may change eligibility criteria at any time. You are responsible for ensuring that your use of the Services complies with all laws, rules, and regulations applicable to you.
Service Description
Our wellness coaching services support young adults and working professionals in Canada, The United States of America and beyond, focusing mainly on mental, emotional, and physical well-being.
Services offered include:
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1:1 Ongoing Wellness Coaching
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Group Workshops and Events
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Guided Meditations (both virtual and in-person)
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Wellness Packages
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Wellness Sessions (in-person in Ontario, Canada, & beyond and virtual)
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Digital and Audio Products (guided meditations, audio courses, virtual workshops)
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Our services are intended for personal development and wellness and are not a substitute for medical or psychological treatment. We are not responsible for decisions made by clients based on our coaching sessions or digital products. Our Services include a range of features and functionalities. We do not guarantee the availability of any specific feature.
Workshop Eligibility
Age Requirement:
Workshops are open to individuals aged 18 and over. For minors aged 16-17, written consent from a parent or guardian is required. Certain workshops may have additional age restrictions.
Health and Wellness Considerations:
Our workshops and sessions focus on personal development and general wellness. They are not a substitute for medical or psychological treatment. Attendees with serious health conditions or special requirements are encouraged to consult with a healthcare provider before participating.
Participation Guidelines
Physical Activity: Some workshops may involve light physical activity (e.g., mindful movement or stretching). Attendees should assess their ability to participate and notify the facilitator of any physical limitations.
Mental and Emotional Preparedness: Attendees should be prepared to engage in self-reflective and mindfulness practices. For those experiencing severe mental health challenges, individual coaching or therapeutic support may be more suitable than group workshops.
Conduct and Respect: All attendees are expected to conduct themselves respectfully. Disruptive or inappropriate behavior may result in removal from the workshop, without a refund.
Our workshops are designed for participants who meet certain prerequisites related to age, experience, and goals. We reserve the right to limit participation in workshops based on our assessment of eligibility criteria, which are described in the relevant workshop descriptions. By registering for a workshop, you confirm that you meet the stated eligibility requirements. Participants under 18 may need parental or guardian consent to attend certain workshops.
Guided Meditations Policy
Meditation Suitability
Guided meditations are designed for general wellness, support and relaxation. They are not a substitute for medical or mental health treatment. Clients with a history of trauma, severe anxiety, or other mental health conditions are encouraged to consult a healthcare professional before beginning a meditation practice.
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Comfort and Safety
Participants are advised to ensure they are in a safe, quiet environment where they can relax without distractions. If at any point during the meditation clients experience significant discomfort, dizziness, or intense emotions, they are encouraged to stop the meditation, ground themselves, and seek support if needed.
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Limitations of Service
The meditation sessions provided are for relaxation, mindfulness, and general wellness. They are not intended to diagnose, treat, or cure any physical or mental health condition.
If clients have specific mental health needs, these services should be seen as supplementary, and not as a replacement for professional mental health support.
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Recording and Privacy
Live meditation sessions may not be recorded or distributed without prior written consent from the facilitator. For virtual sessions, any recordings provided for private use should not be shared, republished, or otherwise distributed.
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Cancellation and Refunds
For individual meditation sessions, clients should refer to the general cancellation policy. However, cancellations due to emergency situations will be considered on a case-by-case basis. For pre-purchased meditation audio files or courses, refunds are generally not provided once access is granted, unless there is a technical issue that cannot be resolved.
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Confidentiality
While guided meditations do not typically involve sharing personal information, any voluntary disclosures made by clients during sessions (for example, in group settings) will be treated with respect and confidentiality, as per our Privacy Policy.
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The guided meditations provided as part of our Services are for general wellness and relaxation purposes only and are not a substitute for medical or psychological advice. These meditations are designed for personal use, and results may vary. If you have any mental or physical health concerns, consult a qualified healthcare provider before using these resources. By participating in guided meditations, you acknowledge that you do so at your own risk.
Scope of Coaching
Our services focus on evidence-informed holistic wellness, mindfulness, and grounding & regulation practices. We are not licensed mental health professionals, and our services are not intended to diagnose, treat, or provide medical or psychological advice. If you require medical or mental health support, please consult a licensed professional.
Registration
To use certain features of the Services, you may need to create an account (“Account”). You agree to provide accurate and current information and to maintain this information as necessary. You are responsible for maintaining the security of your account credentials and any actions taken under your account. You must notify us immediately if you become aware of any unauthorized use of your account.
Content
A. Definition. For purposes of these Terms, "Content" includes, but is not limited to, information, data, text, images, audio, video, and other materials made available on the Site by us or other users.
B. User Content. You may upload or post content (“User Content”) to the Services, and you are solely responsible for ensuring that your User Content is lawful, accurate, and does not violate any third-party rights. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the User Content in connection with the Services.
C. Proprietary Content. The Services may contain proprietary Content owned by us, our partners, or other users and are protected by intellectual property laws. You agree to comply with all copyright notices, information, and restrictions on any Content accessed through the Services.
D. Use License. Subject to these Terms, we grant each user a limited, non-exclusive license to access and use the Content for personal, non-commercial use. You may not use, reproduce, modify, or distribute any Content without prior written permission from us.
Rules of Conduct
As a condition for using our services, you agree to adhere to the following rules:
A. Prohibited Actions: You agree not to use the services for any purpose that violates these terms, and you are responsible for all activity linked to your account.
B. Restricted Content and Conduct: You will not (and will not allow any third party to) take any action or post, upload, or distribute any content that:
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Infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights or violates any applicable law.
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Violates these Terms of Service.
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Is knowingly false, misleading, or deceptive.
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Is unlawful, abusive, defamatory, obscene, offensive, or otherwise inappropriate as determined by us.
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Constitutes unsolicited advertising or spamming.
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Contains harmful software (e.g., viruses) or malicious code.
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Impersonates another individual or entity.
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Includes any person’s identification documents or sensitive financial information without authorization.
C. Prohibited Technical ActionsYou also agree not to:
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Place an excessive load on our infrastructure.
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Interfere with or disrupt service functionality.
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Circumvent security measures, spam, or "crawl" or "spider" any part of the site.
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Harvest or scrape content from the services.
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Take actions that violate our policies.
D. Prohibited Access and ModificationYou will not attempt to:
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Decipher, decompile, reverse-engineer, or access our code.
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Modify, translate, or create derivative works from any part of the services.
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Copy, rent, lease, or transfer any rights granted hereunder.
E. Rights to Access and Disclose InformationWe reserve the right to access, read, preserve, and disclose any information necessary to:
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Comply with applicable laws and regulations.
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Enforce these Terms of Service.
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Detect and address fraud or technical issues.
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Respond to user support requests.
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Protect our rights, property, or safety and that of our users or the public.
Third Party Services
Our services may include links to third-party websites, services, or resources. Accessing these resources is at your discretion and risk. We are not responsible for any content, functionality, accuracy, or legality of third-party sites. Our inclusion of these links does not imply endorsement, and we are not liable for any damage or loss stemming from your use of third-party resources.
Fees and Payment
Certain Services, including workshops and coaching sessions, may be subject to fees. By selecting a paid service, you agree to pay the indicated fees. All fees are non-refundable unless otherwise stated. We reserve the right to adjust prices at any time.
Payment Terms
Payment Structure
Payment is due at the time of booking or according to a pre-agreed schedule. Accepted payment methods include major credit cards, e-transfers, and online payment platforms.
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Pricing
Pricing varies by service type (hourly coaching, wellness packages, or digital products). All current prices are listed on our website or provided during consultations. We reserve the right to adjust pricing.
Payments and Billing
A. Paid Services: Some of our services may require payment. By opting for a paid service, you agree to the payment terms presented, and these terms form part of the overall agreement.
B. Billing: We use a third-party payment processor to handle billing. Payment processing will follow the terms and policies of this processor, and we are not liable for any errors by the processor. You authorize us to charge your selected payment method for paid services as per the agreed terms.
C. Payment Method: Your payment terms are governed by your agreement with your payment provider. If payment is not received, you are responsible for settling all charges associated with your billing account.
D. Recurring Billing: For services on a recurring payment plan, you are responsible for all charges until cancellation. Recurring charges will continue until you provide notice to terminate or modify the payment method through your account settings.
E. Current Information: You must keep your billing information accurate and up-to-date. If you fail to do so, charges may continue until services are terminated.
F. Changes in Charges: If billing amounts vary from pre-authorized amounts (excluding tax changes), we will notify you. You agree we may consolidate charges incurred and submit them at the end of the billing cycle.
G. Auto-Renewal: Unless you opt out of auto-renewal, subscriptions will renew at the same rate for successive terms. To modify or cancel, visit your account settings. No prorated refunds are offered for partial cancellation within a billing term.
H. Reaffirmation of Authorization: Continued use of any paid service reaffirms authorization to charge your selected payment method. This does not waive our right to seek direct payment for unpaid charges.
I. Free Trials and Promotions: Free trials or promotional access to paid services must be canceled before the trial period ends to avoid charges. If you are inadvertently charged during a trial period, please contact us.
Cancellation and Refund Policy
Session Cancellations
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Client Cancellations: You may reschedule or cancel a session up to 24 hours before the scheduled time. Late cancellations may incur a fee.
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Provider Cancellations: If we need to reschedule, we will notify you at least 24 hours in advance and offer to reschedule or refund the session.
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Workshops and Events: Cancellation policies for workshops and events will be specified in the registration details. Refunds for workshops are only available if cancellation is made at least 48 hours in advance. Generally, cancellations requested 22 days prior to the scheduled date may receive a partial refund, while later cancellations may not be eligible for a refund.
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Coaching Sessions: Cancellations for individual coaching sessions must be requested at least 24 hours in advance to avoid being charged in full. Cancellations must be made at least 24 hours in advance to qualify for a full refund or rescheduling.
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Refunds
Refunds are generally not provided for completed services. However, for packages or pre-paid sessions, refunds may be issued on a pro-rated basis. Digital products and courses are non-refundable once delivered. Digital products, such as guided meditation audio, are non-refundable after purchase, unless technical issues prevent access. Refunds are subject to our Cancellation and Refund Policy.
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1. Client Responsibilities
To make the most of our services, clients are expected to:
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Communicate openly and honestly.
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Arrive on time and prepared for sessions.
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Follow through on agreed actions or practices outside of sessions.
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2. Changes to TermsWe reserve the right to modify these Terms at any time. We will provide notice of changes by posting the new terms on our Site. Your continued use of the Services after such modifications constitutes acceptance of the revised terms.
3. User AccountsTo access certain features of the Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.
4. Privacy Policy and Confidentiality
Your privacy is important to us. We adhere to confidentiality standards and will not disclose your information to third parties without your consent, except as required by law. Your personal information will be handled in accordance with our Privacy Policy. By using the Services, you agree to the collection, storage, and processing of your personal information as described in the Privacy Policy. For further details, please refer to our Privacy Policy.
Session Recordings
With your consent, certain coaching or wellness sessions may be recorded for quality and training purposes. These recordings will be securely stored and deleted upon request.
Limitation of Liability
Our services are provided "as is," without any express or implied warranties. To the fullest extent permitted by law, LIV Health & Wellness shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to your participation in workshops, guided meditations, or other offerings. Our maximum liability to you for any claim shall not exceed the amount you have paid for services within the past six months.
Disclaimer
Our Services, including guided meditations and coaching, are designed for personal development and wellness purposes. They are not intended to diagnose, treat, cure, or prevent any disease. Always consult a healthcare provider before starting any wellness or fitness program.
Changes to Terms
We reserve the right to update these Terms at any time. We will notify you of any material changes by posting the new Terms on the Site. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.
Intellectual Property
A. All materials provided through our services, including digital and audio products, session notes, and resources, are the intellectual property of LIV Health & Wellness. You may not copy, distribute, modify, or create derivative works from these materials without prior written consent.
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Prohibited ActivitiesYou agree not to engage in any activities that could harm or interfere with the Services or the experience of other users.
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TerminationWe reserve the right to terminate or suspend your access to the Services at any time, without notice, for conduct that we believe violates these Terms.
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Warranty and Other DisclaimersA. No Special Relationship: We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content.
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B. Release of Liability: You release us from all liability for acquiring or not acquiring Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
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C. Disclaimer of Warranties: THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
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D. No Guarantee of Availability: WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. We disclaim all liability for damages caused by any interruptions or errors in functioning.
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E. IndemnificationYou shall defend, indemnify, and hold harmless us, our affiliates, and our respective employees and representatives from all liabilities, claims, and expenses that arise from your use or misuse of the Services or your violation of these Terms.
Arbitration Clause and Class Action Waiver
A. Arbitration: You agree that all disputes between you and LIV Health & Wellness will be resolved by binding individual arbitration, and you waive trial by jury. You may bring claims only on your own behalf, and neither party will participate in a class action.
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B. Opt-Out: If you do not wish to be bound by the arbitration provisions, you must notify LIV Health & Wellness in writing within 30 days of your acceptance of these Terms.
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C. Severability: If any provision of this section is found to be unenforceable, the remaining provisions will remain in full force and effect.
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Governing Law and JurisdictionThese Terms shall be governed by the laws of the Province of Ontario, Canada, without regard to conflict of law provisions. Any disputes arising from these Terms or use of our services shall be resolved exclusively in Ontario courts. You agree that any dispute arising shall be governed by the exclusive jurisdiction of the state and Federal courts of Ontario, Canada.
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MiscellaneousA. Entire Agreement: These Terms represent the entire agreement between you and us regarding the Services and supersede all prior agreements.
D. Force Majeure: We are not liable for any failure to perform our obligations due to causes beyond our control.
E. Assignment: These Terms are personal to you and may not be transferred by you without our written consent.
F. Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
G. Notices: All notices under these Terms must be in writing and will be deemed duly given when received.
H. No Waiver: Our failure to enforce any part of these Terms shall not be deemed a waiver of any further rights hereunder.
Standards of Practice
Our wellness coaching and mindfulness services adhere to industry best practices for non-clinical wellness coaching in Ontario. We maintain a high standard of professionalism and prioritize client safety and well-being.
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In-Person Workshops and Events: All workshops and events conducted in Ontario, Canada, adhere to local health and safety regulations.
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Virtual Products and Online Services: Our virtual coaching sessions, workshops, and digital products are designed to meet the needs of clients across various jurisdictions while prioritizing accessibility and privacy.
Amendments to Terms
We may update these Terms from time to time. If significant changes are made, we will notify you through our website or via email. Your continued use of our services after any updates constitutes acceptance of the new Terms.
Contact Information
For any questions or concerns about these Terms, please contact us at livhealthandwellness@gmail.com
