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Terms and Conditions

DISCLAIMER: 

This information is not presented by a medical practitioner and is for educational and informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding any type of mental or physical issues. Never disregard professional medical advice or delay in seeking it because of something you have read.

Website owner, the offering, and binding of Terms

This website is owned and operated by Amanda Sommerfeldt. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors emotional and life coach sessions, yoga and meditation classes, workshops, and programs, clothing and apparel, home decor, artwork, and additional health and wellness products and services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use the website and requirements to create an account

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Return and refund policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: ​

  • Items classified as hazardous materials or that use flammable liquids or gases (contact the manufacturer directly for service, warranty, return, and refund information)

  • Any product missing the serial number or UPC

  • Downloadable software products

  • Online subscriptions after they have been accessed

  • Gift cards (except as required by law)

  • Prepaid game cards (World of Warcraft, Xbox 360 Live, Wii Points, etc.)

  • Some jewellery orders

  • Some health and personal care orders

  • Items with special shipping restrictions imposed by the Canadian Department of Transportation

  • Programs, modules, or sessions 

Upon commencement of any program or membership, user forfeits 50% of the total amount or 50% of amount paid (ie. payment plans, etc.).  Request for refund must be submitted in writing by email to info@bbywellness.com or by mail to: 2-1 Laval Court W, Lethbridge, AB, Canada T1K 4G2 at least 24 hours prior to commencement of any course, program, workshop, etc. in order to qualify for full refund.  User agrees that he/she will forfeit 50% of the total amount, or 50% of payment paid, if 24 hours written notice is not received prior to commencement date or anticipated commencement date.

Payment policy: after a confirmation has been emailed, a courtesy hold requires payment within 5 working days to secure the reservation.  For waitlists, a 24 hr courtesy hold will be offered.  Deposit of 50% is due upon registration, with the remaining 50% due at least 60 days prior to scheduled retreat or program date.  Deposits are non-refundable. 

 

Retreat, workshop, program, and class cancellations: “cancellation” is defined as not attending scheduled retreat, including postponing or rescheduling.  We do not offer refunds for any reason.  A portion of the payment may be used as credit for another service or program to be taken within two years of the originally scheduled retreat date.  Payments are transferable.  Cancellation penalties may apply: cancellation within 30 days of retreat or program date – 50% of total amount (less deposit) will be refunded, 14 days or less – forfeit entire payment.  We do not offer credit for any guest arriving late or leaving early.  The signed Participant Agreement form must be submitted within 1 week of booking or 90 days prior to retreat start date, whichever comes first.  Guests who fail to do so may be subject to an automatic cancellation and the above policy will apply.  If we must cancel a retreat for any reason, guests may transfer full payment to another retreat or request a refund, constituting a full settlement.  We are not responsible for expenses incurred in preparation for any cancelled retreat, such as airline tickets, loss of work, and/or other costs associated with preparing for the trip.  Payment plans are available, with full balance to be paid at least 1 week prior to retreat date.  If full payment is not received at least 1 week prior to retreat date, as per the 14 days or less, guests forfeit the entire payment and registration is cancelled.

Retention of right to change offerings

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason

Warranties & responsibility for services and products

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

Ownership of intellectual property, copyrights, and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Amanda Sommerfeldt. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Rights to suspend of cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Indemnification

You agree to indemnify and hold Amanda Sommerfeldt harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Amanda Sommerfeldt, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Amanda Sommerfeldt assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Alberta, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Lethbridge, Alberta, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Provisions for communities and groups

All users that join a community have a public profile that is publicly visible to site visitors, and public activity (such as posts or comments) will be visible to other visitors of the website.

A user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).

Customer support details & contact info

We can be contacted with any questions, comments or concerns, Monday-Friday 9am-6pm MST through chat or by phone at (780)288-2787, or anytime by email at info@bbywellness.com

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