In these Conditions the following expressions have the meanings assigned to them respectively:
1.1. “Energy Makeover” means Energy Tree Anne Inc.;
1.2. “Conditions” means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Energy Makeover; and
1.2.1. These Conditions refer to and include the Energy Makeover Liability Policy, Non-Disclosure Policy and Disclaimers;
1.3. “Customer” means any person to whom the Energy Makeover sells or supplies a Product; “Party” means both a Customer and Energy Makeover;
1.4. “Intellectual Property” includes confidential information, copyright, trademarks, patents, and designs and digital Products including EBooks, PDF downloads, resource material, videos and online content;
1.5. “Order” means an Order placed by a Customer for the purchase of goods from Energy Makeover;
1.6. “Payment Method” means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
1.7. “Product” means any item including, goods, services digital Products, EBooks, PDF downloads, resource material, online content etc. sold by the Energy Makeover to the Customer through an Order;
1.8. “Site” means the website with address energyanne.com including all landing pages and subpages of the website;
1.9 “Province” means the Province of Ontario, Canada.
1.10. “We” refers to Energy Makeover; and
1.11. “You” refers to a Customer;
- In these Conditions:
2.1.1. Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
2.1.2.The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
2.1.3. Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
2.1.4. A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
2.1.5. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
2.1.6. If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
2.1.7. The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributive to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
2.1.8. Each provision hereof will be construed and will take effect according to the laws of the Province and all rights liabilities and the laws and jurisdiction of the Province will govern obligations in respect of the Conditions.
3.1. This Energy Makeover Site at energyanne.com is a Site that you can select, Order and access Products advertised by Energy Makeover.
3.2. The purchase of all digital Products, eBooks, and pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
- Agreement to these Conditions
4.1. By placing an Order with Energy Makeover, you warrant that you are at least 18 years old or have your parent or guardian’s permission to buy from Energy Makeover.
4.3. By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Conditions.
5.1. Prior to placing an Order, you must create an account though the Site.
5.3. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
5.4. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
5.5. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
5.6. You must notify us of any changes to your personal information or Payment Method, which was provided by you in the Account Creation process.
5.7. If you suspect or become aware that your account has been accessed without authorization or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting Anne@yourenergymakeover.com
- Intangible Product Licenses
6.1. Many of our Products are intangible and may come in the form of eBooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
6.2. These intangible Products remain the property of Energy Makeover. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a membership, Energy Makeover grants to the Customer a single License to use the Product subject to these Conditions.
6.3. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Energy Makeover may encrypt, force password and/or stamp license details (including customer name, address etc.) on its digital Products to protect our Products.
- Membership Charges:
7.1. Memberships will continue month to month until terminated. Unless the subscription is cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your nominated Payment Method.
7.2. The subscription fees and charges will be billed on a monthly basis to your Payment Method on the commencement day of your first paid subscription.
7.3. Energy Makeover reserves the right to vary the fees charged for our membership based Products from time to time. If fees are varied through the exercise of this right, then Energy Makeover will inform you of any such variation and provide you with one month’s notice of any such change.
7.4. If you do not agree to this variation, you may cancel your membership within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our membership charges. If you do not chose to cancel your membership within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
7.5. Upon your membership to the Product, unless you notify us otherwise, you agree to membership fees and all other charges relating to the membership being billed automatically each month to the nominated Payment Method provided by you during the Order process.
7.6. You must notify Energy Makeover of any change to your Payment Method. If you do not notify us of any such change, then Energy Makeover will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
7.7. If any membership fees or charges billed to your account, are not processed for any reason, then Energy Makeover will have the right to suspend your subscription until all fees and charges have been paid in full.
7.8. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Energy Makeover in collecting any unpaid subscription fees or charges from the Customer.
7.9. Membership fees will apply regardless of whether or not you use your membership.
7.10. Memberships will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the membership is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover memberships will continue month to month until terminated.
Product Name: Energy Makeover Monthly Membership
Price: $49.99 + HST
Billing Frequency: Monthly
- Physical Products
8.1. Energy Makeover reserves the right to modify or change Product specifications as required in order to improve our Product range and availability. We recommend that you immediately inspect any Product upon delivery to you to ensure that you are completely satisfied with the Product.
8.2. Title and risk of tangible Products pass to you on receipt or delivery of the Product to the nominated address.
- Order Cancellation:
9.1. Energy Makeover reserves the right to accept or reject any Order for any reason including if the Product is unavailable, an error has occurred in your order, the Product description or price has been incorrectly posted on the Site or for any breach of these Conditions.
9.2. If we reject an Order placed by the Customer, we will attempt to notify you of that rejection within a reasonable time after your Order has been submitted.
9.3. If we suspect that a transaction has occurred that may be illegal or in breach of these Conditions, we may contact you to confirm your payment and personal details. If we are unable to contact you we may cancel your Order without further notice.
- Adjustment of Order Information
10.1. All Orders are considered final at time of placement. Please check your details carefully before submitting your Order. Should you need to make an adjustment to your Order, please contact email@example.com immediately. Once an Order is placed, there is no guarantee that it can be altered or changed.
10.2. Please note contacting carriers directly is the responsibility of the Customer.
- Sales Policy and Third Party Gateways
11.1. All transactions for purchase of our Products are made through payment gateways such as Paypal.
11.2. Once you successfully complete a purchase you will be redirected back to our site or you will receive an email from us with a link to the Product of your purchase;
11.2.1. If for whatever reason you are not redirect or you do not receive an email, please contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your Product details and download link as soon as practicable.
11.3. All purchases for digital downloads made on energyanne.com are non-refundable or exchangeable. In the case where a purchase error is made please contact us via firstname.lastname@example.org to discuss a resolution.
- Payment And Currency Disclaimer
12.1. All transfers conducted through Energy Makeover are handled and transacted through a third party dedicated gateway called Paypal (www.paypal.com).
12.2. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.
12.3. All payment amounts are represented in CANADIAN DOLLARS as this is the currency of our host country. Paypal does not provide converting transactions prices.
12.4. All Product prices are inclusive of HST unless stated otherwise. Any changes in the rate of HST will be automatically applied to the prices of our Products.
- Payment Methods:
13.1. Payment accepted by credit card and PayPal.
13.2. Subject to the terms and conditions of third parties.
13.3. In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once Energy Makeover has accepted your order.
- Tax, duty and customs charges
14.1. Customers located internationally may be required to pay sales tax, duty and/or custom charges.
14.2. All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the Order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Energy Makeover is not responsible for any additional taxes and customs charges that are requested during the shipment of your Order.
14.3. Any costs incurred by us in shipment or delivery of our products to you will be charged to your Payment Method.
15.1. Our Non Disclosure Policy is available on our Site and forms part of these Terms and Conditions.
15.2. By accessing and using our Site you acknowledge and agree to our Non Disclosure Policy.
16.1. None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We have not expertise in diagnosing, examining or treating medical conditions of any kind.
16.2. We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant or newly postpartum (3 months or less).
16.3. Dietary Requirements
16.3.1. The Energy Makeover Food Makeover (and Energy Makeover recipes) are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
16.3.2. The Energy Makeover Food Makeover (and Energy Makeover recipes) are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian (RD) to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing the Energy Makeover Food Makeover (and Energy Makeover recipes).
16.4.1. If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
16.4.2. The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
16.4.3. You must be in good physical condition before using any of our Products whether tangible or intangible.
16.4.4. Before using our Product you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
16.5. Subject to any rights granted by Canadian Law, you agree to discharge Energy Makeover of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the Province where negligent or otherwise.
17.1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including lawyer/client costs that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
17.2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Products.
- External Links:
18.1. This Site may contain links, which are hosted by third parties not associated with Energy Makeover. The content displayed on those Sites is not the responsibility of Energy Makeover and we do not endorse or approve of these external websites or any services that are provided by those websites.
18.2. You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquires.
- Site Conditions of Use
19.1. You must not:
19.1.1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
19.1.2. Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
19.1.3. Make any modifications to the Site without proper authorization in writing from Energy Makeover;
19.1.4. Test, scan or circumvent the security of the Site;
19.1.5. Use the Site or any content in any way which breaches the rights of Energy Makeover or any third party;
19.1.6. Use the account of another Customer or impersonate another Customer when using this Site;
19.1.7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
19.1.8. Use any method to autonomously create accounts by any means under fraudulent pretenses.
- Governing Law
20.1. These Conditions will be construed and will take effect according to the laws of the Canadian Government and the respective rights, the law of the Canadian Government will govern liabilities and obligations of the parties.
20.2. The Customer and Energy Makeover agree to submit to the exclusive jurisdiction of the Provincial and Supreme Courts of Canada.
21.1. Account and Orders
22.1.1. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
21.1.2. If you wish to terminate your account or cancel an order, please contact us immediately by email at email@example.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion. Any order, which is not cancelled, is subject to these Conditions and our Returns Policy.
21.2.1. Subject to these Conditions, you may cancel your membership at any time by contacting firstname.lastname@example.org. You will continue to have access to the Product through till the end of your monthly billing period.
- Changes to these Conditions
22.1. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
22.2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
23.1. If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
23.1.1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
23.1.2. The parties must attempt to renegotiate that part in good faith.
24.1. You agree that we will charge you for any Product ordered through your account.
24.2. You are liable and responsible for any person who uses your account to place Orders through the Site.
24.3. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
24.4. Energy Makeover reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
24.5.You are responsible for any costs associated with accessing the Site.