Cart 0

 Terms + Conditions

TERMS OF USE & SERVICE
SUBLIME NUTRITION & HEALTH SOLUTIONS

Last updated on July 13, 2019

This page (together with the documents referred to on it) sets out the terms of use (the “Terms of Use”) on which you may make use of the Website at www.sublimestate.com (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using our Website, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Website.

1.       User Account, Password, and Security

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify Sublime State of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sublime State cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

2.       User Conduct

You acknowledge and agree that Sublime State may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Sublime State, its users and the public.

You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account. Sublime State takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Sublime State and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Website. You agree to indemnify Sublime State and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Website and any products and services, ordered on this Website in accordance with all applicable Canadian federal, Ontario provincial and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

3.       Privacy Policy

Your privacy is very important to Sublime State. Users of this Website should refer to our privacy policy for information about how Sublime State collects and uses personal information. By accepting this Agreement you expressly consent to Sublime State’s disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

4.       Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Website, by Sublime State, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Website without the authorization of the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website, in violation of applicable copyright and other intellectual property laws.

You retain all ownership rights to your Content submitted to the Website. By submitting Content to Sublime State, you grant Sublime State a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

You acknowledge and agree that the Website and any software provided to you or used in connection with the Website, including, for example and without limitation, any API’s or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except to the extent that a separate click on agreement applies to a particular piece of Software, subject to your compliance with the terms and conditions of this Agreement, Sublime State grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Website and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Sublime State (excluding your Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Sublime State upon their submission or communication to Sublime State, and you do assign all rights therein to Sublime State and agree that the same will automatically become the property of Sublime State and that Sublime State may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Sublime State may elect, forever.

5.       Intellectual Property Policy

Sublime State respects the intellectual property rights of others. We ask our users to do the same. Sublime State may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Sublime State’s Copyright Agent, and provide the following information (“Notice”):

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;

  2. a description of the copyrighted work and/or trademark claimed to have been infringed;

  3. a description of where the claimed infringing Content is located on our Website;

  4. your address, telephone number, and email address

  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;

  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

7.       Warranty

You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there are no outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgement or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.

8.       Indemnity

You agree to defend, indemnify and hold Sublime State and Sublime State’s officers, directors, employees, agents and licensors harmless from all judgements, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Website, (b) your use of the Website, (c) your connection to the Website, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

9.       No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website or access to the Website without Sublime State‘s express written consent.

10.   Termination

You agree that Sublime State, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content you may have contributed to the Website, at any time for any reason or no reason. Sublime State may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sublime State may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Website. Further, you agree that Sublime State shall not be liable to you or any third-party for any termination of your access to the Website. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website and/or terminate your account.

11.   Links

The Website may provide, or third parties may provide, links to other websites or resources. Because Sublime State has no control of such sites and resources, you acknowledge and agree that Sublime State is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Sublime State is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.

12.   Public Reputation

You acknowledge and agree that you will not use any product or service ordered from the Website in a way that would be damaging to Sublime State’s public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product or service ordered from Sublime State, in a public setting, including on the Internet, in a way which disparages Sublime State, Sublime State’s board members, employees, shareholders or partners, or the Canadian Postal Service, Sublime State reserves the right to demand immediate return of the product or service, to furthermore pursue all recourses and remedies available under the law.

13.   Pricing, Shipping, and Terms of Sale

Prices for products are described on the Website and are incorporated into this Agreement by reference. All prices are in Canadian dollars. Prices and products may change at Sublime State’s discretion. Title and risk of loss for all products ordered by you shall pass to you on Sublime State’s shipment to the shipping carrier. Purchases are subject to Sublime State’s Return Policy.  Sublime State reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

14.   Refund Policy

Refund Policy for all the products and services will be mentioned alongside the product/service listing. General Refund Policy is as follows:

·         For online courses: 100% refund will be offered by Sublime State for online courses if you are not satisfied and cancel the online course within thirty days of purchase.

·         For Online Appointment: If the online appointment is cancelled by you more than 24 hours prior to the scheduled appointment, fully usable Store Credits will be issued to you which can be used to buy products and services on our Website. Store Credits must be used within twelve months from the date of issuance. No refund is provided for appointments which are cancelled with less than 24 hours remaining.    

·         For Meal Plans: Meal plans are refundable within the first seven days from the date of purchase.

 

15.   Age and Geographic Restrictions

You must be at least 13 years of age to use this Website. Please contact us if you have any concerns or questions about this restriction.

16.   Correction of Errors and Inaccuracies

The information and product listings on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

16.   Disclaimer of Warranties

Your use of the Website is at your sole risk. This Website and the information, services, products, programs and materials available through it are provided on an “as is” and “as available” basis.

All recommendations (verbal, written, audio, internet and email) provided by Sublime State are intended for educational and informational purposes only. The information provided is not a substitute for a professional medical opinion. Please contact your doctor for specific individualized health and nutrition recommendations. Sublime State and its employees, consultants, authors and publishers disclaim any liability in connection with the use of the information.

To the fullest extent permissible pursuant to applicable law, Sublime State and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Sublime State does not make any warranty that (a) the Website or its content will meet your requirements, or (b) that the Website or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, or (d) that defects, if any, will be corrected. You agree that Sublime State shall have no responsibility for any damages suffered by you in connection with the Website or any content contained therein.

You expressly agree that use of this Website, including all content, data or software distributed by, downloaded or accessed from or through this Website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Sublime State does not control in any respect any information, products, or services offered by third parties on or through this Website. Except as otherwise agreed in writing, Sublime State and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this Website.

You acknowledge that Sublime State makes no warranty or representation that confidentiality of information transmitted through this Website will be maintained.

No advice or information, whether oral or written, obtained by you from Sublime State or through or from the Website shall create any warranty not expressly stated in the agreement.

 

17.   Limitation of liability

Under no circumstances including, without limitation, its own negligence, shall Sublime State or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing Sublime State or related services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Sublime State has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Website or (e) any other matter relating to the Website. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.

18.   Severability

If any provision of this agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this agreement shall in no way be affected or impaired.

19.   General

These terms and conditions and your relationship with Sublime State shall be governed by and construed in accordance with the laws of the province of Ontario, without resort to its conflict of law provisions. You and Sublime State agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Sublime State may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Sublime State’s failure to act with respect to a breach by you or others does not waive Sublime State’s right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire agreement between you and Sublime State, and supersedes all other communications, written or oral, with regard to the Website and services provided by Sublime State.

 PRIVACY & COOKIE POLICY
SUBLIME NUTRITION & HEALTH SOLUTIONS

Last updated on July 13, 2019

 

1.   INTRODUCTION

Sublime State understands that your privacy is important to you. This Privacy and Cookie Policy describes how Sublime State (Sublime State, its subsidiaries, affiliates) works to safeguard your personal information that you provide through this website at www.sublimestate.com. This Policy explains Sublime State’s collecting, using, sharing and protecting your personal information to achieve broad global compliance.

2.   INFORMATION SUBLIME STATE COLLECTS ON OUR SITE

·  Information You Provide to our Site

When you use the Site, Sublime State or our Service Providers may collect your Personal Information, which means your information could reasonably be used to contact you or to identify you personally. This includes your first and last name, e-mail address, home or mobile telephone number, mailing address. 

· Cookies and Other Tracking Technologies

“Cookies” are small pieces of information that are stored by your browser on your device such as your computer’s hard drive. We may use first-party and third-party cookies, web beacons, pixels, clear gifs, and other similar technologies to identify you and your interests, to remember your preferences, and to track your use of our Web Site. We also use these to control access to certain content on our websites, to protect the websites, and to process any requests you make of us. Some of our Web Site activities are hosted by our Service Providers, which may, consistent with our “Cookie Policy” [below], place Cookies or other tracking technologies on your device. We also collect other data with respect to your use of the Site, such as IP address and browser type.

·  Cookie Policy

How we use cookies:

We use cookies for a number of different purposes. Some cookies are necessary for technical reasons. Some cookies enable a personalized experience for both visitors and registered users. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action such as on the “contact me” page. We use cookies to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They allow for a consistent and efficient experience for visitors. They perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the Web Site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide analytics services on the Web Site (“third party cookies”).

Types of Cookies:

  Strictly Necessary: These cookies are essential for our Web Site to perform its basic functions. These include those required to allow registered users to authenticate and perform other related functions.

  Functionality: These cookies are used to store preferences set by users such as account name, language, and location.

  Security: We use these cookies to help identify and prevent potential security risks. 

Analytics and Performance: These cookies collect information on how users interact with our Web Site, including what pages are visited most often, as well as other analytical data. We use these details to improve how our Web Site functions and to understand how users interact with it.

 

3.   SUBLIME STATE’S USE OF INFORMATION YOU PROVIDE TO OUR SITE

Any information you submit on the Site may be used by Sublime State for a variety of legitimate business purposes and for the security of our Site environment. This includes, for example, verifying your identity, obtaining your consent as appropriate, responding to your questions and requests, providing you with access to certain sections and features of the Site, communicating with you about your use of and activities on the Site, and providing offers to you. Your information also helps us tailor and improve Site content, advertisements, market research, Site analytics and operations. 

4.   SHARING OF YOUR INFORMATION

While on specific pages of our Website, you may have the opportunity to agree to receiving information or marketing offers, or to sharing your Personal Information with us and our Service Providers that perform functions on our behalf. Our Service Providers are companies or individuals that host or operate our Site, analyze data, provide customer service, or administer our promotions. If you consent, your Personal Information will be provided to the Service Providers, which will be subject to their Privacy Policy and business practices. If you wish to opt out later, you must contact our Data Protection Officer (see contact information at the end of this Policy).

5.   International Data Transfers

In order to provide the Web Site services described in this Privacy and Cookie Policy, your Personal Information may be transferred to another country, which may not have the same privacy laws as where you reside. However, your Personal Information will be protected to an adequate level as described herein.    

6.   DATA RETENTION

We will retain your Personal Information for a period of time to comply with applicable laws, such as, if relevant, for employment / personnel records. Otherwise, we will retain and use your Personal Information for a period of time as relevant for system administration purposes, to consider you for potential future roles, including employment opportunities, and to perform research and statistical analyses. 

7.   YOUR CHOICE AND ACCESS

You may always contact us, as directed below, that you wish to opt out from our sharing your Personal information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, e-mails or other communications. 

8.   CHILDREN

The Site is not directed to children under the age of 13, and we do not knowingly collect Personal Information of anyone under the age or 13.

9.   SECURITY OF YOUR PERSONAL INFORMATION

Sublime State employs reasonable technical, administrative and physical measures designed to protect Personal information in our possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. 

10.   CHANGES TO THE PRIVACY AND COOKIE POLICY

We may change information on the Site and/or this Privacy and Cookie Policy at any time without prior notice to you. Please note the “Last Updated” date at the top of the Privacy and Cookie Policy indicates when this Policy was last amended, which is also the “effective” date of the amendment.

11.   CONTACT SUBLIME STATE

If you wish to opt out or have questions or concerns regarding this Privacy and Cookie Policy, please contact us at:

ATTN:  Sublime State Data Protection Officer

RE:  Sublime State Web Site Privacy and Cookie Policy

E-mail:  genny@sublimestate.com

THIRD-PARTY DATA PROCESSING ADDENDUM

SUBLIME NUTRITION & HEALTH SOLUTIONS

This Third-Party Data Processing Addendum ("DPA") forms part of Sublime State’s Privacy Policy, pursuant to which User has accessed Services as defined in the applicable policies. The purpose of this DPA is to reflect the parties' agreement with regard to the processing of Data by authorized Third-Party Data Processors engaged by Sublime State.

 In order for our services to function, we need to share limited user data with third-party services. Below is a list of third-party services that have access and permission to process certain user data. Each third-party service is reliable and has data protection guarantees approved by Sublime State. Our commitment is, and always will be, to our user’s privacy.

3rd Party Processor: Stripe

Purpose: Payment Gateway

Link to their Privacy Policy: https://stripe.com/en-ca/privacy

3rd Party Processor: Acuity Scheduling

Purpose: Appointment Scheduling and Payment Collection

Link to their Privacy Policy: https://help.acuityscheduling.com/hc/en-us/articles/219149587-Security-Privacy-Compliance

If you have any questions or concerns, please contact our Data Protection Officer by clicking here or email directly by clicking here