Terms Of Use/Service Agreement
Between “You” (the reader, guardian, user of services) and Meliora Wellbeing (coaches, contractors and staff; operates under the laws of Alberta, Canada)
Choice of Law
This policy will be interpreted under and governed by the laws of the Province of Alberta. Using our services, you agree to abide by the exclusive jurisdiction of the laws, courts and Health Professionals Act of the province of Alberta. Accessing services offered by Meliora Wellbeing and its coaches/staff will be governed by the law of Alberta, Canada.
Coaching Services
Coaches/instructors/professionals on our team will be registered as outlined by the Alberta Health Professionals Act (AHPA) and abide by the exclusive jurisdiction of the AHPA scope of practice for their field.
Meliora Wellbeing and its coaches/instructors/staff are not responsible for illness, injury, disease or negative outcomes as a result of services offered on our platform. Information is meant for informational purposes only and not medical advice. Participation is at your own risk and to consult a health professional for any medical concerns before/during/after using Meliora Wellbeings services. Meliora Wellbeing does not claim to have the answers; claim to cure, rehabilitate or prevent disease, illness, pathology, or injury; nor replace allopathic care.
Safe and Inclusive Policy
This space and community is intended to be a safe and inclusive environment for all (genders, orientations, cultural, BIPOC, racial, abilities, religious, activist and political communities). Unsafe, mean, abusive, discriminatory written, verbal, physical or other acts will not be tolerated and can result in immediate and permanent termination of services regardless of payments made. If actions are of criminal nature, the appropriate authorities will be contacted.
Fees
Fees and taxes are outlined in the course sign up page and to be paid at time of registration. Fees are not up to negotiation and are based on market value. For further information on payments, information, third party services, please see our Privacy statement
Cancellation Policy
Courses once accessed will not be up for a refund and the final decision is up to the discretion of Meliora Wellbeing.
Coaching and meetings have a more than 24 hour cancellation may be cancelled without penalty. Any cancellations less than 24 hours notice of time of meeting will result no refund.
Termination of services
If a user does not pay a fee due, Meliora Wellbeing reserves the right to suspend or terminate Services immediately.
Coaches may terminate this agreement at any time if the user is in violation of this agreement by written notice. Upon termination of this agreement the coach will return to you unused portion of the fee (which amount will be determined by the coach’s sold discretion) for services not provided.
Ownership and Control
Any and all information, content, materials, literature, handouts, workbooks, slide decks, articles, social media posts, posters, software, data, concepts, exercises, forms, examples, illustrations, worksheets, compilations, research, intellectual property, programs, processes, or things provided by Coach/Meliora Wellbeing weather or not as part of or the result of the Services, shall remain the sole property of Coach/Meliora Wellbeing.
Signing up for services and this agreement will not be construed to created a partnership, joint venture, agency or employment relationship between you and Meliora Wellbeing. Neither party will have the right or authority to create any obligation or responsibility on the other’s behalf or to obligate or bind the other in any respect.
Confidentiality
Coach will keep confidential your personal identifiers and information; except when required to perform services, by law, your or another's safety, or when you provide written approval to do so. In the context of health information, coaches will follow the Health Information Act of Alberta.
Upon termination or expiration of this Agreement You are granted a non-exclusive, perpetual, royalty-free, Licence to such Content for your personal use which shall be revocable at the sole discretion of Coach upon notice to You. Nothing in this Agreement shall grant to You any property, right, or interest (other than the License mentioned above) in any Content. You acknowledge that disclosure of any Content or breach of the provisions of this Article by You will give rise to irreparable injury to Coach or the owner of such information, which is inadequately compensable in damages. Accordingly, Coach, the affected party, or such other party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
Standards of care
The Services will be performed according to the Coach’s knowledge and experience in accordance with commonly accepted standards of practice for coaching and mentoring services. No other warranty, expressed or implied, is made or intended by Coach. Coach does not provide, and is not trained in or licensed to provide, any medical services or to recognize or diagnose psychological or medical conditions. Coach is not and will not be responsible for Your pre-existing psychological or medical conditions or those that may arise during or after the Term whether or not related in any way to the Services. However, Coach may suggest that You contact the appropriate health care providers and reserves the right to discontinue Services, if Coach in its sole discretion determines this is in Your best interest.
Limitation & Disclaimer of Liability
The Content and any Services are intended only as a guide for informational and educational purposes only and are not, nor intended to be, medical advice or treatment. The Content or Services may contain general information which may be edited, limited, redacted, or altered for educational purposes and may not reflect current developments or information and is not guaranteed to be correct, complete, or current. You should not act on the basis of any information included in the Content or Services without seeking appropriate medical, legal or professional advice on the particular facts and circumstances at issue from a relevant professional licensed in your province or area of that matter. Coach expressly disclaims all liability with respect to actions taken or not taken by You based on any or all of the Content or the Services, or otherwise. Neither the Coach nor the Services endorse or promote any specific treatment, medicine, or product over any other and it is strongly recommended that You seek professional advice from a licensed professional prior to undertaking in any such matter in order to complete Your own due diligence prior to acting.
It is expressly understood that the Content, the Services, and/or this Agreement may be based on information and assumptions supplied to Coach by You or others, or are derived by Coach, and are not intended, nor can they be construed as, representations or warranties and Coach shall not be howsoever liable or at risk whatsoever in the event any loss, injury (including death) or damage is incurred as a result of the application of any Content or Services, whether directly or indirectly used and howsoever arising. Coach, its directors, officers, shareholders, contractors, and employees, or its subsidiaries’ directors, officers, shareholders, contractors, or employees (all of whom are “Coach” for the purpose of this Article) does not assume responsibility for any result, consequence, damage, or liability whatsoever and howsoever arising.
The Content and the Services are for Your sole and personal use and benefit and may not be transferred, sold, or assigned without the prior consent of Coach, in its sole discretion. Any use of, or reliance on the Content or the Services, by any party other than You is strictly prohibited. Any use that any third party makes of the Content or the Services shall be at the sole risk of that third party and in no event will Coach be liable to any third party. By using the Content or the Services, the reader hereby finally and irrevocably releases and saves harmless Coach with respect to any claims, actions, causes of actions, damages, expenses, costs (including on a solicitor-client basis), and liability howsoever arising from such use and such indemnity shall survive this Agreement.
The entire liability of Coach, its directors, officers, employees, and agents, if any such liability, and Your exclusive remedy with respect to any claim, costs, damages, expenses, or injuries under or in any way related to Coach, the Content, the Services or this Agreement shall be limited to the recovery of Your actual and direct damages as proven in and assessed by a Court in a maximum amount equal to the Fees payable hereunder. The obligations contained in this Article shall survive this Agreement.
Your Representations to Coach
You represent that You:
are motivated and committed to taking action on Your goals as expressed to Coach;
will use a reasonable effort and due diligence in reviewing and participating in the Services;
agree to honour Your scheduled appointments in conjunction with the Services;
agree to abide by Coach’s policies, procedures, and guidelines, as may be made available, provided, or expressed to You from time to time; and
understand and agree that it is Your choice to implement or not to implement any content, recommendations, suggestions, advice, or plans from the Content, the Coach and/or the Services, and that any consequences to You, including without limitation any loss, damage or injury to You or to any third party, howsoever related to the Content or Services, or to Your interpretation of the Content or Services, shall be Your sole responsibility and risk.
Release & Indemnity
You waive any and all claims it may have against Coach and You agree to indemnify and save harmless Coach from any claims or demands which might be made against Coach arising out of or in consequence of the Services. The obligations contained in this Article shall survive this Agreement. You agree to indemnify and save harmless Coach, its employees, contractors, agents and assigns (in this Article the foregoing is collectively referred to as Coach), from any claim, expense, or action, howsoever arising from the Content, Services or this Agreement, including without limitation, any injury, death, and damage to or destruction of property.
Miscellaneous
This Agreement contains the parties’ entire agreement and supersedes any prior written or oral agreements between them. This Agreement may not be modified or amended except by an instrument in writing signed by both parties. The clauses in the Agreement are distinct and severable and if any clause is held to be illegal, void, or unenforceable in any way, it shall not affect the legality or validity of the remaining clauses of this Agreement. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The parties are attorn to the jurisdiction of the Courts of Alberta and agree to such a forum. Time is of the essence.
PLEASE READ THIS AGREEMENT CAREFULLY before clicking on or otherwise choosing the “I AGREE” button at the end of this Agreement. By clicking on or otherwise choosing the “I AGREE” button at the end of this Agreement, then you are agreeing, or are deemed to agree, to be bound by all the terms and conditions, without modification, of this Agreement in the same manner as if it had been duly executed in a paper or hard copy form by an individual or an officer of a corporation who is duly authorized to bind the corporation.
Please click here to indicate that you understand and agree to the terms and conditions of this Agreement.