Legal stuff

LEGAL
TERMS & CONDITIONS

DISCLAIMER

By utilising Simplified Vitality (which includes Simplified Vitality or @GOfitwithSimplifiedVitality) you acknowledge that exercise sessions, meals, recipes and nutritional suggestions are not designed to diagnose, treat, prescribe or cure any medical conditions. The exercise and physical sessions, meals, recipes and nutritional advice are to guide and provide advice to complement and support your personal fitness and well-being goals.

Simplified Vitality provides fitness and fat loss management information and services, the content delivered live and published is intended to assist users in their personal efforts. Simplified Vitality Ltd is not a medical organisation and our team cannot give you medical advice or diagnosis. Nothing contained in Simplified Vitality should be construed as such advice or diagnosis. You are urged and advised to seek medical advice before beginning any fitness or personal weight management programme. This Website and all associated Social Media sites are intended for use only by healthy adult individuals. Simplified Vitality is not intended for use by minors, or individuals with any type of health condition. Such individuals are specifically advised to seek professional medical advice prior to initiating any form of fitness or weight management programme.

The information presented by Simplified Vitality is for educational purposes only and is in no way intended or implied to be a substitute for qualified professional medical advice. If you have any personal concerns at all we advise consulting with your healthcare provider. If you choose not to obtain the consent of your healthcare provider throughout the duration of your time working with Simplified Vitality or their team you are agreeing to accept full responsibility for your actions and any repercussions. By signing up to Simplified Vitality services and participating in exercise sessions you understand and recognise there are personal risks of injury or illness for which you expressly assume such risks and waive, relinquish and release any claim which you may have against Simplified Vitality and their team as a result of any future physical or mental injury or illness incurred in connection with or as a result of the use or misuse of any services/products provided by Simplified Vitality.

PRIVACY POLICY

This Privacy Policy describes how SimplifiedVitality.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the site.
Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimise our Site.
Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels
Disclosure for a business purpose: shared with our processor.

SHOPIFY

Order information

Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.

Purpose of collection: to provide products or services to you to fulfil our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Source of collection: collected from you.

Disclosure for a business purpose: shared with our processor.

SHOPIFY

Customer support information

Purpose of collection: to provide customer support.
Source of collection: collected from you.

 

Minors.

The Site is not intended for individuals under the age of 18. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt-out of targeted advertising by:

FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]
Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at http://optout.aboutads.info/.

Using Personal Information

We use your personal information to provide our services to you, which include: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

· Your consent;

· The performance of the contract between you and the Site;

· Compliance with our legal obligations;

· To protect your vital interests;

· To perform a task carried out in the public interest;

· For our legitimate interests, which do not override your

· fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

· Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

· Temporary denylist of credit cards associated with denied listed IP addresses. This denylist persists for a small number of days.

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information provided in this document.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

COOKIES

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimise your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store
Name Function
_ab Used in connection with access to admin.
_secure_session_id Used in connection with navigation through a storefront.
cart Used in connection with shopping cart.
cart_sig Used in connection with checkout.
cart_ts Used in connection with checkout.
checkout_token Used in connection with checkout.
secret Used in connection with checkout.
secure_customer_sig Used in connection with customer login.
storefront_digest Used in connection with customer login.
_shopify_u Used to facilitate updating customer account information.
Reporting and Analytics
Name Function
_tracking_consent Tracking preferences.
_landing_page Track landing pages
_orig_referrer Track landing pages
_s Shopify analytics.
_shopify_fs Shopify analytics.
_shopify_s Shopify analytics.
_shopify_sa_p Shopify analytics relating to marketing & referrals.
_shopify_sa_t Shopify analytics relating to marketing & referrals.
_shopify_y Shopify analytics.
_y Shopify analytics.

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at  support@SimplifiedVitality.com or by mail using the details provided below:

Simplified Vitality Ltd, 20 Elin Way, Meldreth, England SG8 6LX UNITED KINGDOM, 

Last updated: 12 October 2023

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority.

REFUND POLICY

We have a 30-day return policy on clothing and fitness equipment (this does NOT include exercise plans or subscriptions), which means you have 30 days after receiving your item to request a return.

To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. To start a return, you can contact us at support@SimplifiedVitality.com If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You can always contact us for any return questions at support@simplifiedvitality.com  

DAMAGES AND ISSUES

Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

EXCEPTIONS / NON-RETURNABLE/REFUNDABLE ITEMS

Certain types of items/products/services cannot be returned/refunded, like books, subscriptions, planners, perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalised items), and personal care goods (such as beauty products). Unfortunately, we cannot accept returns on sale items or gift cards.

EXCHANGES

The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.

REFUNDS

We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

TERMS AND CONDITIONS OF SIMPLIFIED VITALITY
OVERVIEW

These terms govern the use ‘Simplified Vitality’ and ‘@GOfitwithSimplifiedVitality’ and any other related agreement or legal relationship with the owner or limited company.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Simplified Vitality or @GOfitwithSimplifiedVitality has been provided to them via Shopify, Apple App Store or Google Play, these entities may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between any involved parties.

Simplified Vitality Ltd or @GOfitwithSimplifiedVitality, is registered at 20 Elin Way, Meldreth, England SG8 6LX UNITED KINGDOM

This website/App is operated by Simplified Vitality Ltd. Throughout the sites, the terms “we”, “us” and “our” refer to Simplified Vitality Ltd. Simplified Vitality Ltd offers this website/App, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and 

conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. 

It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

WHAT OUR CUSTOMERS SHOULD KNOW

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Our App is hosted by the Apple App Store and Google Play Store.

Simplified Vitality uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal”.

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of Simplified Vitality Services are age restricted: to access and use Simplified Vitality and its Service the User must be an adult under applicable law.

Account registration
To use the service, Users must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Simplified Vitality.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details provided in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

CONDITIONS FOR ACCOUNT REGISTRATION

Registration of User accounts on Simplified Vitality (pre-launch of App) is subject to the following conditions. By registering, Users agree to adhere to these conditions.

· Accounts registered by bots or any other automated methods are not permitted.

· Unless otherwise specified, each User must register only one account.

· Unless explicitly permitted, a User account may not be shared with other persons.
Subscriptions

· Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

· Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.

Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Simplified Vitality.

All payments are independently processed through third-party services. Therefore, Simplified Vitality does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

PURCHASE VIA APP STORE

Simplified Vitality products and services available for sale on Simplified Vitality may be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.

Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Simplified Vitality or as communicated otherwise before the timeframe starts.

SUBSCRIPTIONS HANDLED VIA APPLE OR GOOGLE ID

Users may subscribe to a Product using the Apple ID associated with their Apple App Store or Google ID with their Google Play Store accounts by using the relevant process on Simplified Vitality. When doing so,

Users acknowledge and accept that

· any payment due shall be charged to their Apple or Google ID account;

· subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;

· any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;

· subscriptions can be managed or cancelled in the Users’ Apple App Store or Google Play Store account settings.

ACCOUNT TERMINATION FOR THOSE THAT JOINED THE SIMPLIFIED VITALITY COMMUNITY BEFORE THE LAUNCH OF THE APP.

Users can terminate their account and stop using the Service at any time by doing the following:

· By using the tools provided for account termination on Simplified Vitality.

· For more information and guidance on how to cancel subscriptions/manage your account (for accounts activated before the App launched), contact the Owner at the contact details provided in this document.

· Cancelled subscriptions (pre-launch) will be terminated at the end of the current paid-for period, usually one calendar month or longer as specified by the paid-up subscription period.

· Refunds for current/paid-up subscription periods are not obligatory and may be offered at the discretion of the Owner.

ACCOUNT SUSPENSION AND DELETION

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

OFFERS AND DISCOUNTS

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out by Simplified Vitality. Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

CONTENT ON SIMPLIFIED VITALITY

Unless where otherwise specified or clearly recognisable, all content available on Simplified Vitality or Simplified Vitality Ltd is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Simplified Vitality and Simplified Vitality Ltd infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are asked to report related complaints to support@SimplifiedVitality.com.

Rights regarding content on Simplified Vitality or @GOfitwithSimplifiedVitality – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Simplified Vitality, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on Simplified Vitality, the User may download, copy and/or share some content available through Simplified Vitality for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

CONTENT PROVIDED BY USERS

The Owner allows Users to upload, share or provide their own content to Simplified Vitality or @GOfitwithSimplifiedVitality.

By providing content to any Simplified Vitality Ltd platforms, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

RIGHTS REGARDING CONTENT PROVIDED BY USERS

Users acknowledge and accept that by providing their own content on Simplified Vitality or @GOfitwithSimplifiedVitality they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Simplified Vitality as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Simplified Vitality.

Users acknowledge, accept and confirm that all content they provide through Simplified Vitality or @GOfitwithSimplifiedVitality is provided subject to the same general conditions set forth for content on Simplified Vitality.

LIABILITY FOR PROVIDED CONTENT

Users are solely liable for any content they upload, post, share, or provide through Simplified Vitality or @GOfitwithSimplifiedVitality. Users acknowledge and accept that the Owner does not filter or modify such content.

However, the Owner reserves the right to remove, delete, block, or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Simplified Vitality or @GOfitwithSimplifiedVitality:

· if any complaint based on such content is received.

· if a notice of infringement of intellectual property rights is received.

· upon order of a public authority, or where the Owner is made aware that the content while being accessible via Simplified Vitality, may represent a risk for Users, third parties, and/or the availability of the Service.

The removal, deletion, blocking, or rectification of content shall not entitle Users who have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content, they provided to or provided through Simplified Vitality or @GOfitwithSimplifiedVitality. 

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

SERVICE INTERRUPTION

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g. labour actions, infrastructural breakdowns or blackouts, etc).

SERVICE RESELLING

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of Simplified Vitality Ltd and of its Services/Products without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to Simplified Vitality are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Simplified Vitality are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, county, or province of residence, or that you are the age of majority in your state, county, or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure. 

that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Simplified Vitality, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Simplified Vitality and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by