Terms & Conditions
Overview
This website is operated by Elements & Insights, and the terms “we”, “us” and “our” refer to Elements & Insights. We offer this website (the "Site"), including all information, tools and services available from this and related sites, to you, the "user", conditioned upon your acceptance of all published terms, conditions, policies and notices.
Please read these terms of use carefully before you start to use the Site. By visiting our site and/or conducting any transaction herein, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms, conditions, and policies referenced herein and/or made available by hyperlink. These Terms and Conditions apply to all users of this website including, without exception or limitation, users who are browsers, vendors, members, customers, merchants, and/ or contributors of content. If you do not agree to these terms of use, please refrain from using our site.
These Terms and Conditions constitute the entire agreement between you and Elements & Insights with respect to the use of the Site, and supersede all written or oral agreements between the parties with respect to such use.
These Terms and Conditions are governed by the laws of the Province of British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Victoria, British Columbia, in all disputes arising out of or relating to the use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Elements & Insights as a result of this agreement or use of the Site. Nothing contained in this agreement derogates from our right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision, or portion thereof, will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, with the remainder of the agreement continuing in effect.
• Privacy Policy
• Terms of Use
• Disclaimer
• Purchase, Payment, Rescheduling, Cancellation, and Refund Policy
Privacy Policy
Elements & Insights is committed to protecting and respecting your privacy.
This policy, together with our terms of use and all other documents referred to herein, set out the core principles upon which any personal data that we collect from you – or that you provide to us – will be processed by us. As a Canadian based business, the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Province of British Columbia's Personal Information Protection Act serve as the primary sources for these guidelines.
To effectively provide our services to you, certain basic information is collected when you visit the Site. We recognize the importance of keeping that information secure and letting you know what we do with it. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
Please note: this policy only applies to this website. If you leave the Site via a link or otherwise, you will be subject to the policy of a different website provider. It is your responsibility to familiarize yourself with their policy before continuing to access their content.
INFORMATION WE MAY COLLECT FROM YOUWe may collect and process the following personal information (typically limited to email address, first and last name) about you:
• Information provided when submitting a form (e.g. newsletter subscription; contest; payment) on the Site. • Information provided when registering as a user on the Site, subscribing to our services, or requesting further assistance.• Information provided when reporting an issue with the Site.• When you contact us, a record of that correspondence.• Any completed surveys that we may offer and use for research purposes.
IP ADDRESSES AND COOKIES
When you visit the Site, we automatically collect certain information about your device such as your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.
We may also collect data for system administration and to report aggregate non-personalized information to third-party advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual non-subscriber.
The above cited device information is collected using the following technologies:
You may refuse to accept cookies by activating that setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you navigate to our website.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on the secure servers of our hosting agents.
All payment transactions are encrypted and processed through a secure third party payments processor (e.g. PayPal; Square; etc).
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask that you not share the password with anyone.
USES MADE OF THE INFORMATION
We use information kept about you in the following ways:
• To ensure that content from our website is presented in the most effective manner for you and for your computer/device.• To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.• To carry out our obligations arising from any contracts entered into between you and us.• To allow you to participate in interactive features of our service, when you choose to do so.• To notify you about changes to our service.
EXCEPTIONSWe will release specific information to comply with any valid legal inquiry or process or any Applicable Laws. We will also release specific information in special cases, such as an attempted breach of the security of the Sites or a physical or property threat to you or others. We may provide access to your personal information to third parties who perform services for us in connection with our Site or the products and/or services that you have requested.
Excerpts from consultations with you (including, but not limited to, recorded video, audio, chat, or transcription), along with feedback and/or other communications directed to Elements & Insights by you may be used without limitation by us. Testimonials notwithstanding, such material will neither contain nor reveal any personally identifiable information – nor will reference to your identity be made – without your explicit written consent.
CANADIAN PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT (PIPEDA)
We have taken the necessary precautions to be in compliance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). Personal information includes any factual or subjective information, recorded or not, about an identifiable individual. The European Commission has confirmed that “Canada is considered as providing an adequate level of protection for personal data transferred from the [European] Community to recipients subject to the Personal Information Protection and Electronic Documents Act” (Decision 2002/2/EC).
EXTRA JUDICIAL PROCEESSING
Due to the nature of how internet traffic is routed, please be aware that your information may be sent to other jurisdictions for or during processing. While in those jurisdictions, such information may be accessed by courts, law enforcement, and national security authorities that operate within those jurisdictions.
YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by indicting that on the forms we use to collect your data. You can also exercise the right at any time by contacting us via email. Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers, affiliates, and other third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
CHANGES TO OUR PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, when appropriate, made known to you by e-mail. However, we advise that you check this page regularly to keep up to date with any changes.
YOUR CONSENT
By using our website, you indicate that you agree to our privacy policy and that you agree to abide by it. If you do not agree to our privacy policy, please refrain from using our website.
BREACH
In the event of a breach with a real risk of significant harm, effected individuals and relevant third parties will be notified by email.
CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be sent via e-mail to: privacy@elementsandinsights.ca
Terms of Use
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
Unless specifically indicated otherwise, this agreement is a direct one between us, Elements & Insights and you, the Site's user. Unless specifically requested otherwise, any and all contact information requested of, or offered by, you is to be yours and yours alone, not that of a third party.
INTELLECTUAL PROPERTY RIGHTS
Fair dealing is respected as follows:
You may share public content found on the Site on social media outlets (e.g. Facebook, Pinterest, Twitter, etc.) as long as appropriate attribution is given. For permission to use said content on other venues, please contact us.
You shall not publish, display, share, distribute and/or publicly archive any material, photo, content, etc. offered to you through your purchases or consultations herein without express written permission from us.
You may not use any content from or on our site, either in whole or in part, for commercial purposes without obtaining a license to do so from us or our licensors. If you download, print, copy or publish any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our sole discreation, return or destroy any copies of the materials you have made.
If you believe your intellectual property rights have been infringed upon by our website content, please contact us by email at: info@elementsandinsights.ca
CHANGES TO THE SITEUpdates to our site are at our discretion, and may change the Site's content at any time. Any material on our site that becomes or is considered out of date will be updated at our discretion, although we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
Please see our Privacy Policy, which is subject to and forms part of these Terms of Use, for such and related information.
VIRUSES, HACKING AND OTHER OFFENCESYou must not knowingly introduce viruses, trojans, worms, logic bombs or other material into our site, be it benign, malicious, or technologically harmful. You must not attempt to gain unauthorized access to our site or any restricted area therein, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you are committing a criminal offense under Section 184 of the Criminal Code of Canada. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
PERSONAL OFFENCES
Instances of hate mail, harassment, fraud, or interference with our business operations will be immediately reported to the appropriate authorities.
LINKS FROM OUR SITEWhere our site contains links to other sites and resources provided by third parties, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from you using them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
REVISIONSWe may revise these terms of use at any time by amending this page. You are expected to check this page from time to time and take notice of any changes, as they are binding upon you. Some of the provisions contained within these terms of use may also be superseded by provisions or notices published elsewhere on our site.
YOUR CONCERNSIf you have any concerns about any material on our site, please contact us by email us at: info@elementsandinsights.ca
Disclaimer
As with any website or online platform, caution, common sense, and good judgment should be exercised when accessing this Site. This website's contents are developed and offered based upon our own personal intuition, research, knowledge, and experience. These approaches to understanding may not align with yours. You should always conduct your own research and confirm any information or advice offered herein with other sources that you deem reliable, and review such information carefully with your personal or professional representative(s) and/or advisor(s) before using or acting upon any of the content offered on this website.
Materials and services provided or contained on this site are to be considered for entertainment and general information purposes only. No material on this site should be construed to constitute legal or other professional advice and shall not be relied upon as such. No products or services offered herein are intended to, nor should they ever, take the place of the products or services of a qualified medical, legal, financial, business and/or mental health professional. You are encouraged to seek advice and products from a qualified expert for formal guidance and assistance on such and related matters.
This site and its contents are directed towards adults. No material is directed towards youth or children under 18 years of age, nor will we knowingly collect personally identifiable information from individuals under the age of 18 years. Should an individual under the age of 18 years desire to obtain products or services on this site, the consent of a parent or guardian is required to do so. As a user, you agree to abide by these restrictions and, furthermore, assert that you will not assist anyone in avoiding or bypassing these restrictions.
To the fullest extent permitted by law, Elements & Insights excludes all liability and/or responsibility for any loss or damage direct or indirect arising from the use of this website, or of any action(s) and/or decision(s) any user may choose to take or make arising from their perusal of, or use of a product or service offered by, this Site.
You will indemnify and hold harmless Elements & Insights, their owners, heirs, relatives, successors, agents, employees, and assignees in perpetuity against any and all claims and actions arising out of your purusal of, or use of products and/or services purchased through, the Site, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from said perusal, consultation or purchase.
Purchase, Payment, Rescheduling, Cancellation, and Refund Policy
PURCHASES AND PAYMENTS
Unless otherwise stated, all products and services are priced in Canadian (CAD) dollars.
Rates for products and services are subject to change without notice.
Unless otherwise agreed upon by both parties, all consultations are scheduled – and all products are paid for – online, and in advance.
RESCHEDULING AND CANCELLATIONS
Unless otherwise agreed to, all consultations will occur either by phone, online, or in-studio at Elements & Insights. If you wish to schedule an in-person appointment outside of the studio, you agree to inquire prior to scheduling your appointment as to availability, and to permit discussion and arrangement for any applicable travel fees. A confirmed appointment cancelled by you due to a failure to properly inquire as to availability and travel fees may be subject to administration and cancellation fees as described herein.
Clients scheduling an appointment will receive a confirmation email upon receipt of payment. Assuming time permits, a reminder email is sent 48 hours in advance of the appointment, and a final reminder email one (1) hour prior to the scheduled time.
If you do not receive a confirmation email within an hour of scheduling your appointment, you are to contact us immediately through our contact page to let us know. Kindly include your name, appointment type, date, and time.
An appointment may be rescheduled without charge by you with a minimum 36 hours notice. A rescheduling made with less than 36 hours notice may incur a $25 administration fee.
A maximum of two (2) re-schedulings by you per appointment will be permitted, with the third occasion being treated as a cancellation. Cancellation fees may apply, as described herein.
Re-schedulings are currently limited to time and date only. "Upgrades" or alterations to scheduled appointments (e.g. changing from a 40 min appointment to a 60 min appointment, or from an In-Studio to a Skype session) are unavailable at this time.
A confirmed appointment may be cancelled by you with a full refund, less a $25 administration fee*, with a minimum 36 hours notice.
Any appointment cancelled by you with less than 36 hours notice is subject to a 50% cancellation fee*.
Any appointment cancelled by you with less than 1 hours notice is subject to a 100% cancellation fee*.
Any rescheduling and/or cancellation must be done by through the email and calendar notification(s) you receive (links will be found at the bottom of the notifications). Communications made by other means (e.g. separate email or via the contact page) cannot be relied upon for the purposes of rescheduling or cancellation.
Any misrepresentation made during the solicitation of a product or service (e.g. providing a fake or inauthentic photo) may, at the sole discretion of Elements & Insights, be treated as a cancellation and subject to a 100% administration, restocking, or cancellation fee.
Aggressive, threatening, confrontational, or other unduly disruptive behaviour during a service will, at our sole discretion, result in the immediate termination of that service. If in-studio, you will be required to immediately vacate the premises. A refund will be issued for any unused time remaining, to a maximum of 50% of the amount paid by you.
Circumstances may require us to re-schedule or cancel an appointment with short notice. In the event of such a cancellation, payments made for that service will be fully refunded, and gift cards/certificates and credits used will be "reloaded" in kind – cancellations made with respect to a "misrepresentation" referred to in paragraph 11 (above) notwithstanding.
*Members in good standing exempt.
REFUNDS
Unless explicitly stated otherwise (e.g. the Cancellation Policy), consultations and other services are offerend on a non-refundable basis.
Due to the nature of digital products, no refunds will be offered on those items at this time. All sales are considered final.