TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE OR PURCHASING.
The following terms and conditions form an agreement (the āAgreementā) between:
ROZA ABITBOL (the āSellerā or āDr Rosi[1] ā), domiciled at Montreal, QuĆ©bec, Canada;
and
YOU (the āBuyerā, āyouā, āyourā), the natural or legal person (such as a corporation) using this website (the āWebsiteā), and/or having purchased any of the Sellerās Product and Plans, and whose contact details appear in the purchase confirmation email sent by the Seller (the āConfirmationā). For the purpose of this Agreement, āWebsiteā includes all related websites and social media pages operated by the Seller.
The Seller offers health and mindset coaching and workout programs, which include the Mindful Eating Recipe Guide (the āProductā) and any workout plans (the āPlansā). This Agreement can refer to āProduct and Plansā, meaning any Product and/or Plan(s) you may purchase with the Seller.
In continuing to use the Website or through any purchase of the Sellerās Product and Plans, you confirm that you have read and accepted this Agreement, as well as the Confidentiality Policy [see below], which is hereby referenced and incorporated herein (the āPolicyā). The Policy and Confirmation are an integral part of this Agreement. You are invited to print a copy for your records.
You may contact the Seller using the following contact information:
Phone: [418-416-0196]
Email: hello@doctorrosi.com
1. OBJECT
1.1 This Agreement governs your use of the Website, as well as any purchase of Product and Plans you place with the Seller.
2. USE OF THE WEBSITE
2.1 By using the Website, you notably agree not to:
a) Restrict or block access to the Website in any way;
b) Use the Website or the Content for unlawful purposes;
c) Submit data, information, or material through the Website in violation of the law or in an otherwise objectionable manner (e.g., harassment, fraud, discrimination, etc.);
d) Engage in sending unsolicited emails (spamming), phishing, or other activities aimed at illegally collecting information;
e) Transmit any software or other material containing harmful or malicious code, including viruses, worms or others;
f) Use any manual or automatic device or process to retrieve, index, and explore data related to the Website or its Content, or to reproduce or circumvent, in any way, the navigation structure or presentation of the Website or its Content; and
g) Infringe on Intellectual Property, including the intellectual property of a third party.
3. PRODUCT AND PLANS
3.1 Price and payment
The cost of the Product and Plans owed by the Buyer to the Seller is as detailed in the Confirmation, plus applicable taxes (the āPriceā).
Note: For payment, you will be redirected to an external transactional platform called Stan store. During the transaction, you will also be subject to the terms of use of this platform. The payment methods offered are Visa, MasterCard, and American Express.
The Price is to be paid in full. No instalments are accepted.
3.2 Right of use
Subject to the payment of the Price to the Seller and compliance with this Agreement, the Seller grants the Buyer a limited, non-transferable, and non-exclusive right to remotely access and use[2] [3] [LDB4] the Sellerās purchased Product and/or Plans for the Term. Such right is strictly for individual and non-commercial purposes.
To find out the costs of the Product and Plans that are not covered by your purchase(s), or to purchase such further Product and Plans, you can refer to https://www.doctorrosi.com/ OR https://stan.store/DoctorRosi and proceed to their selection by following the indicated steps.
3.3 Formation of the Agreement
For the purpose of the Product and Plans, this Agreement is formed on the date and at the time the Buyer accepts the terms and conditions of this Agreement and provides a valid credit card number when necessary (i.e., immediately upon his or her purchase, on the date indicated in the Confirmation). Access to the Product and Plans will be activated upon transmission of the Confirmation and will remain functional for a minimum period of twelve (12) months for the Plans and to allow the downloading of the Product, to the stipulations of this Agreement (the āTermā).
For more precision, the Plans are only accessible online, and the Products via download.
The Agreement is concluded at the physical address provided by the Buyer, and which appears in the Confirmation.
3.4 Technical terms
To access the Product and Plans, the Buyer must have at his or her disposal the functional equipment described below:
a) A computer, smartphone or tablet sufficient to support the following items:
- JavaScript;
- Zoom; and
- Cookies.
b) A functional microphone and camera
c) A compatible browser, i.e., an up-to-date version of one of the following browsers:
- Safari on MacOS or iOS;
- Internet Explorer;
- Chrome
d) An internet connection with a minimum required speed downstream and upstream sufficient for video streaming, the capacity of which is available at the time the Buyer wishes to access and use the Product and Plans.
3.5 Resiliation
3.5.1 For the purpose of the Product and Plans in this section 3.5, āCase of Resiliationā has the meaning ascribed to it within the context of each paragraph referring to it with an initial capital letter in this Agreement.
3.5.2 Resiliation by the Buyer. The Buyer may, at any time and at his or her discretion, cancel the Agreement by sending a notice to the Seller. This resiliation takes effect on the sending of the Buyerās notice to the Seller or on the date specified in the notice by the Buyer (this being a Case of Resiliation for the purpose of section 3.5.4 below).
3.5.3 Default and Consequences. The Buyer is in default in the following situations:
a) In case of non-compliance with the Agreement, which includes, for more precision, non-compliance with the terms and conditions of the Website circumscribed by this Agreement and the Policy.
In this case, and without restraining the Sellerās right to resiliation, the Seller may at any time suspend the Buyerās right of use and access the Website, Product and Plans by mean of a written notice to the Buyer, or if the Seller is in the obligation to do so under applicable laws. Where applicable, the Buyer shall cease all use and access to the Website, Product and Plans and, if required by the Seller, destroy all copies, if any, upon receipt of the written notice provided pursuant to this paragraph.
If the Buyer does not remedy his or her default within the period specified in the Sellerās notice, and unless an agreement has been made with the Seller in writing, the Agreement shall be deemed resiliated the day following the expiration date of the period (this being a Case of Resiliation for the purpose of section 3.5.4 below);
b) In the event of a serious breach of this Agreement, in which case the Agreement shall be resiliated by a written notice from the Seller to the Buyer indicating the resiliation date (this being a Case of Resiliation for the purpose of section 3.5.4 below).
c) In this case, the Buyer shall cease all use and access to the Website, Product and Plans and, if required by the Seller, destroy all copies, if any, upon receipt of the written notice provided pursuant to this paragraph; and
d) Without limiting the foregoing, the Buyerās failure to pay the Price, whether due to the invalidity of the credit card provided in accordance with section 3.1 or otherwise. In such case, the ordered Product and Plans are deemed not to have been purchased.
3.5.4 In a Case of Resiliation under this Agreement, all sales of the Product and Plans are final. No refunds will be issued, under any circumstances, once the purchase has been completed. The Product and Plans are not exchangeable either.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 The Seller provides coaching Product and Plans, and overall Content, as a health coach, specifically related to wellness, habit change and goal setting objectives. The Seller is not providing advice in her capacity as a medical doctor and does not establish a therapeutic relationship with you.
Information and feedback provided do not replace medical advice and are of general nature. Sessions provided through the Product and Plans do not replace a visit with a medical professional. The Content, whether through the Website, Product and Plans, is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. If you do have medical concerns, please seek advice from a medical professional.
4.2 You acknowledge that the health and mindset coaching and workout programs overall, whether through the Website, Product and Plans, involve risks of physical injury. By participating in the programs, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself.
4.3 The Seller makes no warranties of any kind with respect to the Contentās profitability or fitness to your needs and expectations.
4.4 While the Seller uses reasonable efforts to include accurate and up-to-date information in the Content, whether on the Website, or in the Product and Plans, the Seller makes no warranties or representations as to its accuracy. The Seller assumes no liability or responsibility for any errors or omissions in the Content.
4.5 The Seller assumes no responsibility for the content of third-party websites and contents made available on the Website, or in the Product and Plans, as these are provided for inspirational or informational purposes only.
4.6 The Seller shall use commercially reasonable efforts to restrict unauthorized access to your data. However, you acknowledge to be entirely responsible for your access and use of the Website, Product and Plans, as well as of your passwords and accounts. You are aware of the Internet, its characteristics and limitations and acknowledge in particular that data circulating on the Internet is not protected against potential misappropriations. The communication of any sensitive information is carried out at your own risk.
4.7 The Seller is not responsible, in any way, for your Internet or equipment or any support necessary for the access and use of the Website, Product and Plans.
4.8 If your purchase includes calls with the Seller, you are responsible for scheduling them. All bookings are non-refundable. If you have to cancel your call, please email hello@doctorrosi.com with the subject "CALL CANCELLATION- [date & time of your call]" no less than 48 hours before your call. If you do not show up to your call or reschedule within 48 hours, you forfeit your call.
5. INTELLECTUAL PROPERTY
5.1 The elements appearing on the Website and related to the Product and Plans (the āContentā), including without limitation, trade names, trademarks, logos, images, videos, photos, text, and other similar goods or rights, whether registered or not, and whether or not subject to any intellectual protection, for any country or other competent jurisdiction, are and remain the exclusive property of the Seller, except for elements belonging to third parties[10] (the āIntellectual Propertyā).
5.2 Moreover, the result of the collection, arrangement, and assembly of the Content belongs to the Intellectual Property of the Seller. The same applies to suggestions, materials, improvements, and comments you may submit to the Seller, without compensation or indemnity.
5.3 By using the Website, Product and Plans, you understand that you may only view the Content and in no case, without limitation, reproduce, modify, decompile, disassemble, sell, translate, distribute, transmit, republish, or display the Sellerās Intellectual Property, except with the prior express written authorization of the Seller.
5.4 The use of the Website does not grant any license regarding the Intellectual Property with respect to it.
6. GENERAL PROVISIONS
6.1 News
By clicking on āSubscribeā to the Sellerās news, you expressly agree to receive any notices, announcements, communications or documents concerning the Sellerās new products and plans by and to the email you have provided.
6.2 Amendment
The Seller may amend this Agreement (being understood to include the Policy, as well as the technical terms, and the Price of the Product and Plans) to notably reflect any change to any law applicable to Personal Information, or to the Website, Product and Plans or any minor modification made to the foregoing. The Seller will send the Buyer a written notice at least thirty (30) days before the effective date of the amendment.
Upon receipt of the notice of amendment, and for the purpose of the Product and Plans, the Buyer may:
a) Approve the amendment; or
b) Refuse the amendment and cancel the Agreement, without cost, penalty or cancellation indemnity by send the Seller a notice to that effect no later than thirty (30) days after the effective date of the amendment. In such case, section 3.5.4 applies.
In the absence of a response, the Buyer will be deemed to have accepted the amendment thirty (30) days after the effective date of the amendment.
6.3 Notice
The Buyer agrees to send all notices he or she wishes to give to the Seller at the contact details mentioned above in this Agreement.
Any notice to be given to the Buyer by the Seller will be sent to the email address provided by the Buyer and appearing in the Confirmation. In the event of a change in the email address, the Buyer understands that he or she must notify the Seller without delay in writing.
6.4 Severability
In the event that any provision of this Agreement is deemed invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be deemed to be limited in application to the extent necessary to make it valid, and the other provisions of the Agreement shall not be affected in any way and shall remain valid and enforceable for all purposes.
6.5 Governing law
To the fullest extent permissible by law, this Agreement is governed by the laws of the Province of Quebec and the laws of Canada applicable therein. Any dispute between the Buyer and the Seller arising from this Agreement will be submitted to the exclusive jurisdiction of the courts of the Province of Quebec.
6.6 Acceptance before purchasing
Prior to entering into this Agreement, you acknowledge having reviewed it, as well as the Policy and the forms used to provide your purchasing and contact information, and having detected no errors requiring correction, in addition to acknowledging having been given the option to accept or decline the offer. By proceeding with the purchase of the Sellerās Product and Plans, you declare having accepted the Agreement in its entirety.
Ā«Dr RosiĀ» is reproduced here as you must indicate any other name under which you carry on business. This is illustrative and subject to our comments in the preliminary note above. āDr Rosiā could be replaced by another business name of your choice.
Is this correct for the Mindful Eating Recipe Guide ? Or do you send it ? Is there a Ā«TermĀ» attached to the access of this Guide ?
The terms for all of the guides will be the one created here. In the guide themself (a digital download) there is a disclaimer.
[LDB4]See our modifications below. We also suggest the disclaimer to be conform to Section 4.1 in this Agreement.
[LDB5]We suggest establishing a minimal term. But, as phrased, you are not required to cut access to to the Product and Plans.
Note that, according to the CPA, the contract is deemed to be entered into at the address of the consumer.
Do I need to provide my personal address?
Concerning you, you can provide a business address above in this Agreement. Nonetheless, the CPA states that the contract is deemed to be entered into at the address of the consumer, even if you may not know it.
This section is provided as an example and must be adjusted to the technical prerequisites actually required by your Product and Plans.
If you use images or content that are not yours, know that these may be subject to copyrights. This means that you must obtain, from each author, prior permission to share such images and content.
Also, we strongly recommend that you consider having an intellectual property assignement agreement if you have engaged or engage services for the development of your Content. We remain available for your questions and for an additional mandate on this matter if necessary.
CONFIDENTIALITY POLICY
1. SCOPE
The Seller pays particular attention to the protection of the Personal Information she holds. āPersonal Informationā or āInformationā means any information which relates to a natural person and directly or indirectly allows that person to be identified.
The purpose of this confidentiality and privacy policy (the āPolicyā) is to establish and describe the Sellerās obligations in this regard, as well as the security and governance measures aimed at protecting such Information.
Words or expressions with capital letters within the Policy that are not defined herein have the meaning and are interpreted according to the definitions attributed to them in the Terms and Conditions [see above] (the āAgreementā).
2. COLLECTION OF PERSONAL INFORMATION
2.1 By accepting the Agreement, you acknowledge that the Seller only uses, discloses/communicates, and keeps your Personal Information for the purposes of operating the Website and providing its Product and Plans in the manner required for each purchase concerning you.
2.2 The Seller may use Personal Information for the following purposes[1] :
ā Management, planning, and improvements of the Website, Product and Plans;
ā Measurement of the Website usage, Product and Plans, including the use of specific features;
ā Development and enhancement of the Website, Product and Plans based on your searches, usage and choices;
ā Identification and correction of Website, Product and Plans-related anomalies;
ā Responding to your emails; and
ā Execution of each purchase concerning you.
Your Personal Information will not be used for purposes other than those listed above unless the Seller has obtained your consent or if the law requires or permits it.
2.3 The Seller only collects the Personal Information that is necessary to provide you with the best possible experience. Depending on the circumstances, the Seller may collect the following information about you[2] [3] [LDB4] :
ā Name and correspondence language;
ā Email address;
ā Phone number;
ā Any comment, material, feedback or request you may eventually address to the Seller.
2.4 Whenever the Seller needs to communicate Personal Information about you, she will strike to communicate only the minimum information necessary to achieve a legitimate purpose.
2.5 Your Personal Information will transit and be hosted in Canada and in the United States.
3. CONSENT
3.1 Your consent to the collection, use, or communication of your Personal Information must be clear, free, and informed. It must be given for the specific purposes and objectives stated above in this Policy.
3.2 Depending on the nature and sensitivity of your Personal Information, your consent may be explicit and express (such consent may be given verbally, in writing, or electronically) or implied (when you voluntarily provide Personal Information, for example).
BY USING THE WEBSITE, OR THROUGH ANY PURCHASE, YOU CONSENT TO YOUR PERSONAL INFORMATION BEING COLLECTED, USED, COMMUNICATED, AND KEPT IN ACCORDANCE WITH THIS POLICY. THEREFORE, PLEASE READ IT CAREFULLY.
If you do not consent, please cease using the Website and placing any purchase. Except where otherwise provided by law, you may withdraw your consent at any time upon giving reasonable notice. Please note that if you choose to withdraw your consent to the collection, use, or communication of Personal Information, certain features of the Sellerās Website may no longer be available to you, or the Seller may no longer be able to offer you the Product and Plans.
4. COMMITMENTS AND GOVERNANCE MEASURES
4.1 The Seller has implemented security measures to ensure the protection of your Personal Information. In particular, the Seller commits to taking the following measures[5] [6] :
ā Establish security measures to ensure the protection of Personal Information that is collected, used, communicated, kept, held, or destroyed;
ā Implement the necessary physical, administrative, and technological measures to prevent unauthorized individuals from directly or indirectly accessing Personal Information;
ā Select well-known and commercial platforms, such as Stan.store and Zoom to collect Information.
5. KEEPING OF INFORMATION
5.1 The Seller retains your Personal Information only for as long as necessary to fulfill the purpose following which it was collected, subject to legal keeping requirements and for the duration necessary to protect the Sellerās legitimate business interests to the extent permitted by law.
5.2 The Seller reserves the right to establish, from time to time, policies regarding the destruction of Personal Information. Upon request, the Seller can inform you of the keeping period of your Personal information.
5.3 Except for what is legitimate for the Seller to keep, if you request the destruction of your Personal Information, the Seller will make reasonable efforts to comply with this request as quickly as possible. The deletion of your Personal Information will be completed within 30 (thirty) days following the request.
6. YOUR RIGHTS
6.1 If you believe that your rights regarding Personal Information are not, or have not been, respected, or if your wish to request access to or the deletion of Information in accordance with this Policy, you may contact the person in charge of the protection of Personal Information at the contact details below.
7. REPORT OF CONFIDENTIALITY INCIDENT
7.1 The Seller is committed to maintaining a register of confidentiality incidents[7] [8] [LDB9] in accordance with the legal and regulatory requirements in force in the province of Quebec and to disclosing confidentiality incidents to you in compliance with legal requirements. A āConfidentiality incidentā refers to any of the following incidents: i) unauthorized collection or access to Personal Information; ii) unauthorized use of Personal Information; iii) unauthorized communication of Personal Information; iv) loss of Personal Information; or v) any other breach of the protection of Personal Information.
8. PERSON IN CHARGE OF THE PROTECTION OF PERSONAL INFORMATION
8.1 If you have any questions regarding this Policy or how the Seller handles your Personal Information, or if you wish to exercise your rights, please contact the person in charge of the protection of Personal Information[10] by email or by mail at the following contact details:
Email[11] [12] : hello@doctorrosi.com
Mail: N/A
Please provide sufficient details in any correspondence you send to the Seller to identify the Information you wish to access or have corrected, if applicable. The Seller recommends securing your emails. Please note that the Seller may ask you to verify your identity before responding to your request.
9. COOKIES[13] [14]
9.1 During your use of the Website, the Seller may use a feature of web browsers known as ācookiesā to collect information anonymously and establish your profile. A cookie is a small text file containing a unique identification number that identifies the browser ā and not you ā to the Sellerās computers each time you visit the Sellerās Website. The Seller uses cookies to tailor the Website to your preferences and to compile statistics regarding your usage. This information collected may include:
ā The Internet Protocol (IP) address of your computer;
ā Your geolocation area;
ā The operating system you are using;
ā Your preferred language;
ā The date and time you accessed the Website;
ā The previous site you visited that provided a link to the Sellerās Website;
ā The content viewed and downloaded on the Sellerās Website or number of visits.
If you wish, you can configure your browser to notify you when you receive cookies or to refuse them. Doing so may affect your use of the Sellerās Website, Product and Plans if applicable, and you may no longer have access to all the features.
10. AMENDMENT
10.1 The Seller reserves the right to amend the content of this Policy at any time. Any changes made will be posted on https://www.doctorrosi.com/ and brought to your attention upon logging in. The Seller recommends that you print a copy of this Policy for your records and periodically review the Policy online.
Last update on: ā 2024
