Terms & Conditions

Please read these terms of use carefully before using this website as they contain important information regarding your legal rights, remedies and obligations as well as exclusions and limitations to our liability.

This website (this “Website”) is owned and operated by Surabhi Veitch, a sole proprietorship in Ontario, Canada (“we”, “us”, “our” or “Surabhi”). The following terms and conditions govern and apply to your use of or reliance upon this website and all services offered through this Website (these “Terms and Conditions”). 

Your access or use of this Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may revise, amend, replace or supplement these Terms and Conditions at any time without notice, effective upon posting the same to this Website. Your continued use of this Website after any changes have been made to these Terms and Conditions signifies and will be considered your acceptance to any such changes or amendments to these Terms and Conditions.

1. AGE RESTRICTION

You must be at least eighteen (18) years of age and have the power, capacity and authority to enter these Terms and Conditions to access or use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.

2. INTELLECTUAL PROPERTY

Except where expressly stated otherwise, all right, title and interest in and to this Website and all materials and content, including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, patters, data, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of this Website and all other work (“Our Content”) is owned by and is fully vested in  us or our licensors or suppliers, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. Our Content on this Website, is a collective work under Canadian and other copyright, trade-mark, patent, trade secrets or other proprietary laws and is the proprietary property of the Company; all rights reserved. Nothing in your use of this Website or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use this Website as set out in these Terms and Conditions. Unless otherwise expressly authorized by us in writing, you do not have permission to use Our Content for any purpose including republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. 

You do not have the right to copy materials on this Website, reverse engineer, attempt to reverse engineer or break into this Website, disassemble any code or software from this Website, violate the security of this Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference of any hose, user or network, and/or use materials, products or services in violation of any applicable law. 

If you are in violation of these Terms and Conditions or any applicable law, we can terminate your use of this Website at any time and reserve all rights to claim for damages, losses, costs or expenses.

3. USE OF COMPANY MATERIALS

We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of this Website or our services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on this Website and shall be subject to the same limitations and restrictions as applicable to Our Content as outlined in paragraph 2 above. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.

4. PAYMENT

This Website will allow you to make purchases from us or from other merchants. 

When you make a purchase on this Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information, such as your name, address, method of payment, credit or debit card number and billing information.

If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe doing so may prevent financial loss.

In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

5. SALE OF GOODS AND SERVICES

We may sell goods or services or allow third parties to sell goods or services on this Website. We make reasonable efforts to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee, represent or warrant the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

Your participation, correspondence or business dealings with any merchant, affiliate, individual or company found on or through this Website (a “Merchant”), including any purchase terms, policies, conditions, representations, warranties or guarantees associated with payments, refunds, delivery or performance related to such purchase are solely between you and the Merchant. You agree that we are not responsible or liable for any claims, losses, damages, refunds or other matters of any sort that incurred as the result of such dealings with a Merchant. 

6. SHIPPING/DELIVERY/RETURN POLICY

You will ensure payment for any items you purchase from us. Prices indicated on this Website are subject to change, without notice. All payments are paid in advance and are to be paid in full. All transactions are final. No refunds are available. 

We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we reject or cancel an order after payment has been processed, we will issue a refund to you in the amount equal to the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our products or services. For the sale of digital products, we will charge your credit or debit card when the product is made available to you for digital use and/or download

For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

Surabhi Veitch
surabhi@thepassionatephysio.ca
5460 Yonge Street, Toronto, ON M2N 6K7

7. AFFILIATE MARKETING & ADVERTISING

We, through this Website and our services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

8. ACCEPTABLE USE

You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage this Website, any of our services or the general business of Surabhi Veitch.

You further agree not to use and/or access this Website:

a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;

b) To violate any intellectual property rights of us or any third party;

c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

d) To perpetrate any fraud;

e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

f) To publish or distribute any obscene or defamatory material;

g) To publish or distribute any material that incites violence, hate or discrimination towards any group; and/or

h) To unlawfully gather information about others.

We, in our sole and absolute discretion, may terminate your access to this Website or block any future access to this Website at any time, with or without notice, for any reason, including, without limitation, if we discontinue this Website, materially modify this Website or any services offered on or through this Website, if we experience any unexpected technical issues or problems or if we determine that you have violated these Terms and Conditions, or any other agreements or guidelines that may be associated with your use of this Website or the provision of services. 

9. ASSUMPTION OF RISK

This Website is provided for general information and communication purposes only. You acknowledge and agree that this Website does not provide any medical advice, nor does this Website create a professional-client relationship and/or a fiduciary relationship between you and Surabhi Veitch. It is your responsibility to conduct your own research, consult and obtain professional advice for any of your medial or health needs. By using and/or accessing this Website and/or our services, you further agree that any reliance upon said information or use of any of our products or services is at your own risk. We do not assume any responsibility and/or liability for any advice or other information given on this Website.

10. SPAM POLICY

You are strictly prohibited from using this Website and/or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

11. THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third party websites or other services. We are not responsible and/or liable for any loss or damage caused as a result of your use of any third party websites or other services linked to from this Website.

12. SERVICE INTERRUPTIONS

We may need to interrupt your access to or use of this Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to this Website may be affected by scheduled, unanticipated or unscheduled downtime, for any reason, from time to time. We are not liable for any damage or loss caused as a result of such downtime, and/or any other interruption in the operation or use of this Website.

13. NO WARRANTIES

Your use of this Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. All information and materials on this Website are believed to be accurate and reliable at the time of publication to the best of our knowledge and belief, but there may be omissions, errors or mistakes. We do not make any warranties of any nature or kind, including that all of the information and materials contained on this Website are accurate, complete or up-to-date and is not responsible for any omissions, errors or mistakes. We do not make and/or we disclaim any and all express or implied guarantees, representations, conditions and/or warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability, and/or at to the accuracy, completeness, results or outcome of any information, services and/or recommendations on this Website or through the use of our services, to the extent permitted by law. We make no warranties that this Website will meet your needs or that this Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on this Website or obtained through the services. We are not liable for any damages or losses due to any errors, omissions or mistakes on this Website, the delay or denial of any products or services or failure of performance of any kind.

Any damage that may occur to you, to and/or through your computer system or as a result of loss of your data from your use of this Website, website attacks, including computer viruses, hacking of information and/or any other system failures or misuse of any information or products is your sole responsibility and we are not liable for any such damage or loss that may arise therefrom.

14. TESTIMONIALS

Any testimonials, statements or opinions on this Website are applicable only to the individuals who authored such testimonials, statements or opinions and are not the testimonials, statements or opinions of Surabhi Veitch. Results vary and may not be representatives of the experience of others. The testimonials are voluntarily provided and are not paid for or provided in exchange of free products, services or benefits. Results will be unique and individual for each person. You can also visit The Passionate Physio on Google Business to see testimonials.

15. PRIVACY

Through your use of this Website or retaining our services, you may provide us with certain information. By using this Website or retaining our services, you authorize us to use your information in Canada and any other country where we may operate in accordance with our Privacy Policy.

Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost. We are not responsible for any errors or changes made to any transmitted information. 

For more information, please refer to our Privacy Policy, which you may find at the following address: www.thepassionatephysio.ca/privacy-policy

16. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Surabhi Veitch and any of our heirs, executors, representatives, agents or assigns, our web hosting services and/or any third parties against any and all claims, actions, causes of action, demands, losses, costs, including reasonable legal fees, liabilities and expenses relating to or arising out of your use of this Website, your breach of these Terms and Conditions, or your conduct or actions. We shall have the option to select our own legal representation and may participate in our own defence, if we wish to do so.

17. LIMITATION ON LIABILITY

You acknowledge and agree that we are not liable for any losses or damages that may occur as a result of your use of this Website or the services or products provided to you, to the fullest extent permitted by law. In the event there is any such liability to which we are not able to disclaim under law, your sole and exclusive remedy and the maximum liability of Surabhi Veitch is limited to the greater of: (i) one hundred Canadian Dollars ($100.00); or (ii) the aggregate amount you paid to Surabhi Veitch in the immediately preceding six (6) months for the use of this Website and/or services. This limitation of liability applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

18. JURISDICTION

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. For the purposes of any and all legal proceedings, the Terms and Condition, shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have exclusive jurisdiction to entertain any action arising under these Terms and Conditions. 

19. WAIVER

The failure of Surabhi Veitch to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions by us must be made in writing and signed by Surabhi Veitch.

20. SEVERABILITY

Each of the provisions of these Terms and Conditions is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. If any one or more provisions or parts of a provision contained in these Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision or part of a provision of these Terms and Condition or any other jurisdiction, but the Terms and Conditions shall be reformed and construed in any such jurisdiction as if such invalid or illegal or unenforceable provision or part of a provision had never been contained herein and such provision or part shall be reformed so that it would be valid, legal and enforceable to the maximum extent permitted in such jurisdiction. If, in any judicial proceeding, a court or arbitrator shall refuse to enforce all of the separate covenants and agreements deemed to be included in these Terms and Condition, it is the intention that the covenants and agreements which, if eliminated, would permit the remaining separate covenants and agreements to be enforced in such proceeding, shall, for the purposes of such proceeding be deemed eliminated from the provisions of these Terms and Conditions.

21. VARIATION

We may revise, amend, replacer or supplement these Terms and Conditions at any time, without prior notice or consent. Accordingly, you should review these Terms and Conditions periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to these Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to these Terms and Conditions.

Last revised: January 10, 2022