terms and conditions
Last updated August 2020.
Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them. The following terms and conditions form a binding agreement (“Agreement”) between you and Balanced Energy Nutrition. We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of this website after any change means you have accepted the changed terms and conditions.
Canadian Copyright Law
Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.
a) Restricted Uses
Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website including publication, retransmission, broadcast, circulation, selling, reproduction or redistribution, except as authorized by Balanced Energy Nutrition, is specifically prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Balanced Energy Nutrition. You covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on this website or its content, without Balanced Energy Nutrition written consent. Permission for such uses may be granted on a case-by-case basis at the sole discretion of Balanced Energy Nutrition. A usage fee may be assessed depending on the type and nature of the proposed use.
b) Links to Third Party Websites
The Balanced Energy Nutrition website contains links to third party websites. The linked sites and pages are not under the control of Balanced Energy Nutrition and Balanced Energy Nutrition is not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as an endorsement or sponsorship of the linked website by Balanced Energy Nutrition.
c) Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Balanced Energy Nutrition linked to these terms and conditions constitute the entire Agreement between you and Balanced Energy Nutrition relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Balanced Energy Nutrition making such amendments or modifications available on this website.
d) Limitation of Liability and Indemnity
IN NO EVENT WILL Balanced Energy Nutrition OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION CONTAINED IN THIS WEB SITE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.
As a condition of your use of this website, you agree to indemnify Balanced Energy Nutrition and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.
Medical Disclaimer
Balanced Energy Nutrition is not a licensed medical care provider, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet, exercise, herbal, or exercise program, and/or when using any diet or fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
Balanced Energy Nutrition’s content and services are not meant to be substitutes for medical advice from your doctor or health care provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Website or the Online Courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. While we endeavor to bring you the most up to date information, we make no warranty or guarantee that the information herein is the most recent, accurate, or accepted on any particular subject. You should consult with your health care provider with any questions or concerns you may have regarding any health condition that you may have before starting an exercise program or making changes to your diet.
Resolving Your Concerns
If you have any questions or concerns about Balance Energy Nutrition’s personal information collection, use and disclosure practices, or terms and conditions, please let us know and we will do our best to help you. Please contact us directly at jennawilson@balancedenergynutrition.com.
privacy policy
Thank you for visiting www.balancedenergynutrition.com, the website of Balanced Energy Nutrition, originally founded by Jenna Wilson in Ottawa, Canada. We respect and protect the privacy of our users. This privacy policy tells you how we collect and use information.
If you contact us, we will collect the email address you nominate and any other identifying information you provide, such as a name or phone number. We may use this information for marketing purposes. We will never sell this private information to third parties.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). By accessing and using this website, you agree to this privacy policy. If you do not agree with this privacy policy, please do not use or access this website.
What is Personal Information?
“Personal information” is personally identifiable information such as your name, residential address and e-mail address and includes information about your products, services, subscriptions and usage, credit card information and billing records. It does not include the name, title, business address or telephone number of an employee of an organization.
What kind of personal information does Balanced Energy Nutrition collect?
We collect various types of personal information including: Your name, shipping address, email address, telephone number, credit card information, or demographic information like Your age, gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting Us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases. This information will be used for the primary purpose for which it was collected, which may include: responding to your message, communicating with you about the requested service or product, and processing payments for any and all purchases made by you through the website and links.
Balanced Energy Nutrition also collects certain technical information from your computer each time you request a page during a visit to our web site www.balancedenergynutrition.com.This information is collected from your computer’s Web browser to enhance your experience on our web site and may include your IP address, desktop or mobile operating system, Web browser software, screen resolution, and referrer Web site.
How Does Balanced Energy Nutrition collect personal information?
We collect personal information that is voluntarily provided to us by our customers, members, sponsors, web site users and the public in general when they contact us via telephone, e-mail, web browser, or in person. As mentioned above, we may also collect personal information from our business partners and other third parties who have agreed to obtain the consent of the person the information pertains to before disclosing the information to us. Balanced Energy Nutrition may also collect personal information through the following means:
i) Cookies .A cookie is a piece of data stored on a web site user’s computer hard drive containing information about the user. Cookies automatically delete this information from our computer storage system after 30 days, but permanent cookie files remain on the user’s computer’s hard drive until they manually delete the file. Balanced Energy Nutrition can use cookies to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our web site. Cookies, by themselves, cannot be used to disclose your individual identity. A cookie will identify your browser, but not you, to our computer servers when you visit our web site. Most browsers are initially set up to accept cookies, but you can set your browsers to refuse cookies. However, if you do not accept cookies, you may be limited in some areas of our web site.
ii) Web beacons. To assess the effectiveness of promotional and marketing e-mails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the e-mail. This only occurs if the recipient’s computer supports such technology.
iii) Google Analytics, Shopify Analytics + Facebook Pixel. We may partner with third-party analytic companies, including, but not limited to, Google Analytics, Shopify Analytics, Facebook Pixels. The analytic companies may also use cookies (described above) or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access Our website, You must consent to the collection and use of Your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if You have questions. If You do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Why does Balanced Energy Nutrition collect personal information?
Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store Your data and transmit it to a third party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website or mobile app).
Collecting Data from Children
This website or mobile app is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact Us so that We may delete that data.
Sensitive Data
We request that You do not submit any sensitive data to Us, via public postings, email correspondence with Us, or any other method, including social security number, health data, genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If You do send Us this information, then by doing so You are consenting to Our use, storage, and processing of this information in accordance with this privacy policy.
Verifying and Amending Your Personal Information
Balanced Energy Nutrition tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. To enable us to do so, please inform the person to whom you provided your personal information of any change to that information.
You can inquire about, access and review your personal information held by Balanced Energy Nutrition to make corrections. Please send an email to jennawilson@balancedenergynutrition.com for assistance with these matters. In some cases, Balanced Energy Nutrition will be prevented from disclosing the requested information to you. If any request you make for access to personal information is denied, we will provide you with an explanation.