Terms of Use

These Terms of Use (or “Terms”) are a legal contract between you and NDC Nutrition at Work (“NDC”, “we”, “us” and “our”). These Terms govern your access to and use of NDC’s website, our platform, our services and online store (“Website”).

The Website is operated by and is the property of NDC Nutrition at work located at 5046 Notre Dame de Grâce, Montreal, Quebec H4A 1K1.

If you have any questions about our Terms of Use, you can contact us by email at privacy@ndc-nutritionatwork.com.

Please read this document carefully, since it affects your legal rights (including limitations of liability and disclaimers of warranty). If you do not agree with these Terms, or if you lack the capacity or authority to agree to these Terms (under section 2 or otherwise), do not browse the Website.

1. Changes to These Terms

We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time-to-time in our discretion and could occur very close together or very far apart in time, depending on the circumstances. We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may terminate these Terms by ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not cease using the Website during that time, then by your continued use, you are considered to have accepted the proposed amendments. Additionally, if you begin using the Website again, you are considered to have accepted the amendments then in effect. The termination of these Terms has no effect on any purchases you have made through the Website.

2. Who Can Use Our Services

Our Services are not intended for use by anyone under the age of majority. If you are considered a minor in the place where you live, you must only access the Services while under adult supervision and any purchases through the Website must be approved by the supervising adult. You must not otherwise use the Services in any way. If you open an account or make a transaction for the benefit of or on behalf of another person (including a legal person), then “you” refers to both you (the physical User) and that other person. You must only do so if you have the permission of that other person and the authority to bind that other person to these Terms. NDC may be used for both commercial and consumer purposes. Note that certain sections of these Terms may not apply to consumers in certain jurisdictions.

3. Website License Agreement

For the purposes of browsing the Website, NDC grants you a limited license to display on your computer or print, download and use the HTML language underlying the Website as well as the text, video clips and other content that you may access, but only for personal (and non-commercial) purposes, all provided that:

1.1 you do not modify its content; and

1.2 you include in the margin of each reproduction of the content, the corresponding copyright notice according to this limited license (e.g.: © 2019, NDC All rights reserved).

No use of NDC’s intellectual property rights may be permitted other than that mentioned above, unless prior written consent has been obtained from NDC. To do so, you are invited to contact, if necessary, the person in charge of the Website at the following address: privacy@ndc-nutritionatwork.com.

Without limiting the generality of the foregoing, you agree not to use any computer techniques or processes intended or permitted to reproduce, download, transmit, retransmit, distribute, divide, sell, publish, modify or otherwise use, in whole or in part, the content of the Website in violation of the Copyright Act or applicable international copyright conventions or any other law.

4. Accuracy of the Website and Availability of the Products

NDC has designed the Website primarily for information purposes. Although NDC takes care to compile the information contained on the Website with due care at the time of its initial presentation, it is possible that some information may, from time to time, be incorrect, inaccurate or incomplete.

In addition, the Website complies with certain computer, technical, graphic and typographical standards. Under no circumstances shall NDC be liable for any direct or indirect loss or damage resulting from the failure of your personal computer, server, device or program, the loss of your data or any other breakage or technical problem encountered by you while browsing the Website.

In the event that you discover errors or inaccuracies in the content of the Website or encounter technical difficulties in using the Website, you agree to promptly notify the Website Operator by e-mail at the following address: privacy@ndc-nutritionatwork.com.

Without limiting the generality of the foregoing, NDC makes no warranty of any kind with respect to the description and/or illustrations of the products it advertises on the Website, such descriptions and/or illustrations are provided for information purposes only. The information relating to products as well as that relating to prices and availability of products appearing on the Website may change from time to time, without notice, and without this engaging NDC’s liability.

5. Use of the Website

Similarly, we do not sell copies of the Website. Instead, we grant you permission to make a single copy of the Website as necessary for ordinary browsing. Once again, our role is to make the Website available. As explained in the above, we cannot control – nor accept any responsibility for – any other issues.

6. Intellectual Property

Subject to the trademarks and works of third parties and hyperlinks displayed on the Website, NDC is the sole and exclusive owner of the intellectual property rights to all content on the Website, including in particular articles, texts, photographs, images, illustrations, music videos, data, databases, names, words, slogans, logos, drawings and graphics appearing on the Website. Under no circumstances may you use any trademarks, works or other forms of intellectual property appearing on the Website without the written permission of their respective owners.

When a trademark of a third party is displayed by NDC on the Website in a hyperlink or otherwise, it does not constitute use of that trademark within the meaning of the Trade-marks Act and/or constitute a representation by NDC that NDC is affiliated or associated with the owner of that trademark.

7. Hyperlinks

The Website may contain hyperlinks to external websites owned by third parties, which are hosted on servers outside Website’s own. You acknowledge that by activating such hyperlinks, you are automatically leaving the Website’s boundaries. The activation of hyperlinks to external Websites cannot be interpreted as constituting an affiliation or any association whatsoever that may bind NDC to the holder of the rights relating to these external websites.

Since NDC is unable to exercise any control over the content of websites external to the Website, NDC cannot be held liable for any damage or injury that may result from the inaccuracy or non-conformity of the content of these external websites.

8. NDC Services

Cancellation Policy

In the event that you wish to cancel an appointment, please provide your Registered Dietitian at least one business day (24 hours) notice and reschedule as soon as possible. If you do not provide at least one business day’s notice, the session will not be rescheduled and it will be counted in your package. Business days are Monday-Friday, therefore you must notify your dietitian by Friday morning to cancel a Monday morning session.

Refund policy

You are invited to read the package description and ensure they possess all technological requirements for viewing and using these services or packages. Services purchased are non-transferable, non-exchangeable, non-refundable. Please contact privacy@ndc-nutritionatwork.com prior to purchase if you have any questions about any NDC nutrition services or packages.

Payment of Nutrition Package

All nutrition packages and services must be paid directly by the client or individual paying on the client’s behalf. We do not bill insurance companies directly; however we can provide you a receipt to submit to your insurance company for reimbursement. Methods of payment include Paypal (online debit, MasterCard and Visa available on secure website).

Expiry of Nutrition Package

Services purchased are non-transferable, non-refundable and expire after 6 months of the date of your first session in your package. The date of expiry cannot be extended should you not be able to complete your services and sessions. It is your responsibility to ensure you book your appointments and services within the allocated time you have to complete your program.

9. Confidentiality

NDC implements all reasonably necessary measures to ensure that its Website complies with applicable privacy legislation in Quebec and Canada. For this reason, navigation on the Website is governed by NDC’s Privacy Policy, which aims in particular to inform you of the nature of the personal information that may be collected, used and disclosed to third parties, if applicable. This Privacy Policy provides a mechanism for you to access your personal information and to correct, if necessary, such information.

10. Communication by email or electronic means

NDC may communicate with you by e-mail or other electronic means, particularly if you have sent a request for information or subscribed to the NDC mailing list. These communications may be considered commercial electronic messages (“CME”) within the meaning of the Canadian Anti-Spam Act (“CASL”) and its regulations.

Although NDC may be exempted by CASL from requiring consent under CASL, it is NDC’s policy to require your explicit consent prior to sending a CME, in addition to offering to unsubscribe at your discretion in order to stop receiving CMEs by activating the unsubscribe hyperlink or by communicating by email at: privacy@ndc-nutritionatwork.com.

11. Exclusion of warranties

The components of the Website are provided to you “as is” and without any express or implied warranty of any kind. NDC (and its licensors, if any) makes no representation, and excludes all warranties or conditions, whether oral or written, legal or contractual, including those relating to the proper working order of the Website, its suitability for use or the absence of errors or interruptions during its use.

Some federal or provincial laws do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

12. Indemnification

If you use the Services for commercial or non-consumer purposes, you agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your use of the Services or breach of these Terms.

13. Termination

We may terminate these Terms without cause and without prior notice if we choose to discontinue the Services in whole or in part. We may also terminate these Terms if you violate the acceptable use policy in section 8 or otherwise materially breach these Terms. You may terminate these Terms without cause at any time by ceasing to use the Services. If you begin using the Services again, these Terms will apply.

14. General

a. Governing law. These Terms and their interpretation, execution, validity and effect are subject to the laws of Quebec and applicable federal laws, if any.

b. Severability. If any provision of these Terms is deemed invalid or unwritten, it alone shall be removed from these Terms without affecting the validity of the entire Terms.

c. Arbitration. Any disagreement or dispute relating to these Terms or arising from their interpretation or application shall be finally settled by arbitration and excluding the courts, in accordance with the laws of Quebec. Unless the parties otherwise agree in an arbitration agreement, the arbitration shall be conducted under the aegis of a single arbitrator and shall be conducted in accordance with the laws of Quebec in force at the time of the dispute. The arbitral award shall be final, binding and without appeal and shall be binding on the parties.

d. Special injunctions and remedies. Notwithstanding the foregoing arbitration clause, NDC retains the right to seek and obtain injunctions or provisional or interim measures from a competent court to protect its intellectual property rights or confidential information, or to maintain the status quo pending the outcome of the arbitration.

e. Territorial scope of application. NDC operates its Website from the province of Quebec, Canada. NDC makes no representation or warranty that the products advertised on the Website are available, appropriate or compliant in all provinces and territories of Canada. Anyone who chooses to access the Website from another province or territory does so voluntarily and is required to comply with local laws in force to the extent that they are applicable.

f. Assignment. You may not assign any of your rights arising under these Terms without our written Consent.

g. Status of the Parties. These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.

h. Amendments. These Terms can only be amended or suspended by following the procedure set out in section 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in section 1.

i. Language. You and NDC have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.

[Last update : November 2019]