FR

Terms and conditions

Last updated: October 20, 2021

This user agreement is a contract between you and Online Nutrition Inc.

These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with https://online-nutrition.com website (the “Service”) operated by Online Nutrition Inc. (“us”, “we”, or “our”).

By opening an Online Nutrition account, you agree to comply with all of the terms and conditions in this user agreement. These Terms apply to all visitors, users and others who access or use the Service.

There are separate conditions for nutrition service providers (‘’Providers’’) and for clients (‘’Clients’’), please read carefully the terms and conditions which apply to you. 

For Providers

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. This includes, but is not limited to, proof that you are a member in good standing with your provincial order, and that you have the necessary liability insurance required to practice the profession. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Protecting your account

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. 

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your data will be stored and processed in accordance with our Privacy Policy.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post and share using our Service, including its legality, reliability, appropriateness with respect to local laws and those of your regulatory body.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.

Third-Party Payment Provider

We partner with Stripe for secure payments and financial services. A Stripe Connect account is created for you via the Service. You agree to validate your Connect account, and by doing so you agree to be bound by the terms and conditions described in the Stripe Connected Account Agreement.

https://stripe.com/en-ca/connect-account/legal#connected-account-agreement

Per-transaction fees

Per transaction fees apply to all transactions processed under your account. 

Per transaction and credit card fees are subject to federal and provincial taxes.

Per-transaction fees are calculated according to your selected plan and deducted immediately each time a transaction is processed. An invoice for all per-transaction fees charged during the preceding week is produced and sent to you by email each Sunday. 

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal by contacting our customer support team at contact@online-nutrition.com.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Online Nutrition Inc. with accurate and complete billing information including full name, address, state, postal code, and a valid payment method information. By submitting such payment information, you automatically authorize Online Nutrition Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Online Nutrition Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If you fail to pay by the due date, Online Nutrition reserves the right to downgrade your account to a starter plan or terminate your account on our Service.

Refunds

Certain refund requests for Subscriptions may be considered by Online Nutrition Inc. on a case-by-case basis and granted in sole discretion of Online Nutrition Inc..

Fee Changes

Online Nutrition Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Online Nutrition Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Receiving Money

Online Nutrition Inc. partners with Stripe for secure payments and financial services.

Once per-transaction fees (including credit card fees) are deducted, the remaining balance will appear in your Stripe Balance only after you have provided the nutrition counselling service to your client and have signed the receipt. 

For individual sessions: 

You receive the full amount for the session (minus applicable per-transaction fees) on your Stripe Connect account immediately upon completion of the session. Your Stripe balance is then transferred to your bank account automatically and according to Stripe’s payment schedule (usually on a 7-day-rolling period) but may differ as per Stripe's terms and conditions. 

For packages: 

You receive the full package amount (minus applicable transaction fees) on your Stripe Connect account immediately upon completion of the first session of your package. Your Stripe balance is then transferred to your bank account automatically and according to Stripe’s payment schedule (usually on a 7-day-rolling period) but may differ as per Stripe's terms and conditions. 

How Chargebacks are Handled

A chargeback is the payment amount that is returned to a debit or credit card, after a client disputes the transaction. 

By using the Service, the Provider agrees to assume the financial responsibility for any chargebacks initiated by clients for the nutrition service provided. 

Providers shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, the Provider releases Online Nutrition Inc. and waives all potential claims against Online Nutrition Inc. as a result of the Provider’s use of the Site and Services, and the provision of services to Provider’s patients/clients. 

If you, your patients or any third party seeking to recover any sums from Online Nutrition Inc. arising from your use of Online Nutrition Inc. or treatment you provide a patient/client while using Online Nutrition Inc., you will be solely responsible and pay any such sums.

Intellectual Property

The Service and all contents, including but not limited to text, images, graphics or code are the property of Online Nutrition Inc. and are protected by copyright, trademarks, and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Online Nutrition Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

The Online Nutrition name, and logo are trademarks of Online Nutrition Inc. The names and logos of other companies and products mentioned herein may be the trademarks of their respective owners.

Links to other Websites

The Service may contain links to third-party web sites or services that are not owned or controlled by Online Nutrition Inc..

Online Nutrition Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Online Nutrition Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Indemnification

You agree to indemnify, defend and hold harmless Online Nutrition Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation of Liability

Online Nutrition Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Account Statements

You have the right to receive an account statement showing your Online Nutrition account activity. You may view your Online Nutrition account statement by logging into your Online Nutrition account. (coming soon)*

For End Users (Clients)

Refund policy: 

Our goal is for you to be successful when using Online Nutrition Inc. for telemedicine, but we understand that technology doesn’t always cooperate or that other issues can arise, and as a result. Our refund policy is simple: If you're not satisfied with the platform, contact our support team, and we'll do our best to make it right. 

Note that we recommend that clients begin by contacting their providers directly if they wish to request a refund or credit for services rendered. 

Providers may consider refunds for: 

  • An individual session which has not been used and which is cancelled a minimum of 48 hours before the initial scheduled date. 

  • A package for which no sessions have been used.

Note that providers will not issue refunds for: 

If you're having technical issues that are out of our control when using Online Nutrition Inc., such as:

  • Inadequate internet connection

  • Outdated computer OS or web browser

  • When you're clearly using Online Nutrition Inc. and benefiting from it's features. 

Partial refunds of packages for which one or more sessions have been used, but for which additional unused sessions remain. 

For Providers and Clients

Disclaimer and Non-Waiver of Rights

Online Nutrition Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Online Nutrition Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, 

If you breach any of these Terms and Online Nutrition Inc. chooses not to immediately act, or chooses not to act at all, Online Nutrition Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Online Nutrition Inc. does not waive any of its rights. Online Nutrition Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.

Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the Online Nutrition Services, close your account and terminate your relationship with us without cost or penalty. 

Closing your Online Nutrition Account 

You may close your account and terminate your relationship with us at any time without cost or penalty, but you will remain liable for all obligations related to your Online Nutrition account even after the Online Nutrition account is closed. When you close your Online Nutrition account, we will cancel any scheduled incomplete transactions. 

In certain cases, you may not close your Online Nutrition account, including:

  • To evade an investigation.

  • If you have active packages for which you have already received client funds.

Contact Us

If you have any questions about these Terms, please contact us at contact@online-nutrition.com