The Website is operated by and is the property of NDC Nutrition at work located at 5046 Notre Dame de Grâce, Montreal, Quebec H4A 1K1.
Please read this document carefully, since it affects your legal rights (including limitations of liability and disclaimers of warranty). If you do not agree with these Terms, or if you lack the capacity or authority to agree to these Terms (under section 2 or otherwise), do not browse the Website.
Changes to These Terms
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time and from time-to-time in our discretion and could occur very close together or very far apart in time, depending on the circumstances. We will provide you with notice of the proposed amendment by posting an amended version of these Terms with a new version number. We will include a link to the previous version of the terms beneath the new version number. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply. If you disagree with any amendments, you may terminate these Terms by ceasing to use the Services at any time within the 30-day notice period. If the amendment increases your obligations under these Terms, or decreases our obligations under these Terms, then you can also cancel in the 30 days after the amendments take effect. There will be no cost or penalty for doing so. If you do not cease using the Website during that time, then by your continued use, you are considered to have accepted the proposed amendments. Additionally, if you begin using the Website again, you are considered to have accepted the amendments then in effect. The termination of these Terms has no effect on any purchases you have made through the Website.
Who Can Use Our Services
Our Services are not intended for use by anyone under the age of majority. If you are considered a minor in the place where you live, you must only access the Services while under adult supervision and any purchases through the Website must be approved by the supervising adult. You must not otherwise use the Services in any way. If you open an account or make a transaction for the benefit of or on behalf of another person (including a legal person), then “you” refers to both you (the physical User) and that other person. You must only do so if you have the permission of that other person and the authority to bind that other person to these Terms. NDC may be used for both commercial and consumer purposes. Note that certain sections of these Terms may not apply to consumers in certain jurisdictions.
Website License Agreement
For the purposes of browsing the Website, NDC grants you a limited license to display on your computer or print, download and use the HTML language underlying the Website as well as the text, video clips and other content that you may access, but only for personal (and non-commercial) purposes, all provided that:
1.1 you do not modify its content; and
1.2 you include in the margin of each reproduction of the content, the corresponding copyright notice according to this limited license (e.g.: © 2019, NDC All rights reserved).
No use of NDC’s intellectual property rights may be permitted other than that mentioned above, unless prior written consent has been obtained from NDC. To do so, you are invited to contact, if necessary, the person in charge of the Website at the following address: firstname.lastname@example.org
Without limiting the generality of the foregoing, you agree not to use any computer techniques or processes intended or permitted to reproduce, download, transmit, retransmit, distribute, divide, sell, publish, modify or otherwise use, in whole or in part, the content of the Website in violation of the Copyright Act or applicable international copyright conventions or any other law.
Accuracy of the Website and Availability of the Products
NDC has designed the Website primarily for information purposes. Although NDC takes care to compile the information contained on the Website with due care at the time of its initial presentation, it is possible that some information may, from time to time, be incorrect, inaccurate or incomplete.
In addition, the Website complies with certain computer, technical, graphic and typographical standards. Under no circumstances shall NDC be liable for any direct or indirect loss or damage resulting from the failure of your personal computer, server, device or program, the loss of your data or any other breakage or technical problem encountered by you while browsing the Website.
In the event that you discover errors or inaccuracies in the content of the Website or encounter technical difficulties in using the Website, you agree to promptly notify the Website Operator by e-mail at the following address: email@example.com.
Without limiting the generality of the foregoing, NDC makes no warranty of any kind with respect to the description and/or illustrations of the products it advertises on the Website, such descriptions and/or illustrations are provided for information purposes only. The information relating to products as well as that relating to prices and availability of products appearing on the Website may change from time to time, without notice, and without this engaging NDC’s liability.
Use of the Website
Similarly, we do not sell copies of the Website. Instead, we grant you permission to make a single copy of the Website as necessary for ordinary browsing. Once again, our role is to make the Website available. As explained in the above, we cannot control – nor accept any responsibility for – any other issues.
Subject to the trademarks and works of third parties and hyperlinks displayed on the Website, NDC is the sole and exclusive owner of the intellectual property rights to all content on the Website, including in particular articles, texts, photographs, images, illustrations, music videos, data, databases, names, words, slogans, logos, drawings and graphics appearing on the Website. Under no circumstances may you use any trademarks, works or other forms of intellectual property appearing on the Website without the written permission of their respective owners.
When a trademark of a third party is displayed by NDC on the Website in a hyperlink or otherwise, it does not constitute use of that trademark within the meaning of the Trade-marks Act and/or constitute a representation by NDC that NDC is affiliated or associated with the owner of that trademark.
The Website may contain hyperlinks to external websites owned by third parties, which are hosted on servers outside Website’s own. You acknowledge that by activating such hyperlinks, you are automatically leaving the Website’s boundaries. The activation of hyperlinks to external Websites cannot be interpreted as constituting an affiliation or any association whatsoever that may bind NDC to the holder of the rights relating to these external websites.
Since NDC is unable to exercise any control over the content of websites external to the Website, NDC cannot be held liable for any damage or injury that may result from the inaccuracy or non-conformity of the content of these external websites.
In the event that you wish to cancel an appointment, please provide your Registered Dietitian at least one business day (24 hours) notice and reschedule as soon as possible. If you do not provide at least one business day’s notice, the session will be counted. Business days are Monday-Friday, therefore you must notify your dietitian by Friday morning to cancel a Monday morning session.
Communication by email or electronic means
NDC may communicate with you by e-mail or other electronic means, particularly if you have sent a request for information or subscribed to the NDC mailing list. These communications may be considered commercial electronic messages (“CME”) within the meaning of the Canadian Anti-Spam Act (“CASL”) and its regulations.
Although NDC may be exempted by CASL from requiring consent under CASL, it is NDC’s policy to require your explicit consent prior to sending a CME, in addition to offering to unsubscribe at your discretion in order to stop receiving CMEs by activating the unsubscribe hyperlink or by communicating by email at: firstname.lastname@example.org.
Exclusion of warranties
The components of the Website are provided to you “as is” and without any express or implied warranty of any kind. NDC (and its licensors, if any) makes no representation, and excludes all warranties or conditions, whether oral or written, legal or contractual, including those relating to the proper working order of the Website, its suitability for use or the absence of errors or interruptions during its use.
Some federal or provincial laws do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
If you use the Services for commercial or non-consumer purposes, you agree to indemnify and hold harmless us and our officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees caused by your use of the Services or breach of these Terms.
We may terminate these Terms without cause and without prior notice if we choose to discontinue the Services in whole or in part. We may also terminate these Terms if you violate the acceptable use policy in section 8 or otherwise materially breach these Terms. You may terminate these Terms without cause at any time by ceasing to use the Services. If you begin using the Services again, these Terms will apply.
Governing law. These Terms and their interpretation, execution, validity and effect are subject to the laws of Quebec and applicable federal laws, if any.
Severability. If any provision of these Terms is deemed invalid or unwritten, it alone shall be removed from these Terms without affecting the validity of the entire Terms.
Arbitration. Any disagreement or dispute relating to these Terms or arising from their interpretation or application shall be finally settled by arbitration and excluding the courts, in accordance with the laws of Quebec. Unless the parties otherwise agree in an arbitration agreement, the arbitration shall be conducted under the aegis of a single arbitrator and shall be conducted in accordance with the laws of Quebec in force at the time of the dispute. The arbitral award shall be final, binding and without appeal and shall be binding on the parties.
Special injunctions and remedies. Notwithstanding the foregoing arbitration clause, NDC retains the right to seek and obtain injunctions or provisional or interim measures from a competent court to protect its intellectual property rights or confidential information, or to maintain the status quo pending the outcome of the arbitration.
Territorial scope of application. NDC operates its Website from the province of Quebec, Canada. NDC makes no representation or warranty that the products advertised on the Website are available, appropriate or compliant in all provinces and territories of Canada. Anyone who chooses to access the Website from another province or territory does so voluntarily and is required to comply with local laws in force to the extent that they are applicable.
Assignment. You may not assign any of your rights arising under these Terms without our written Consent.
Status of the Parties. These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.
Amendments. These Terms can only be amended or suspended by following the procedure set out in section 1, above. No other amendment or suspension is valid, nor can any purported waiver be set up against us unless the waiver follows the procedure for an amendment set out in section 1.
Language. You and NDC have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.
By accessing, consulting, or visiting the website https://www.ndc-nutritionatwork.com, our Enroll Page, our platform or our online store, (the “Website”), by contacting us or by agreeing to receive emails from NDC, you agree to the terms of this Policy. The Website and the various associated services are collectively referred to as the “Services”.
This Policy does not apply to websites operated by third parties. NDC is, therefore, not responsible for their policies, procedures, or practices regarding data protection.
Collection of Personal Information
In general, when you access, visit or use our Services, we may collect the following data:
On the website https://www.ndc-nutritionatwork.com - On the “Contact Us” and “Talk to us today” pages: we can collect your name, e-mail address, and the content of the message sent to us.
When you contact us by phone in order to discover nutrition coaching: we can collect your last name, first name, city, province, and country of residence as well as the content of the message indicated to us, and any other information that you will communicate to us, such as health and nutrition information.
When you contact us by phone or e-mail in order to apply for a job: we can collect your name, first name, gender, language (s) spoken and written (French, English), postal code, telephone and electronic contact details, your diplomas and professional experience, membership to a professional order, and any other information you provide us.
In the context of nutrition counselling services, either in person, by phone, video-conference or in the context of e-Coaching: we can collect your name, first name, email address, nutritional habits and health information.
Newsletter Subscription: When you subscribe to the newsletter, we collect your email address.
Automatically Collected Data:
We also collect data when you visit our Website, including your IP address, the date, time and duration of your visits, and the pages you have visited.
Generally-speaking, we use 1st and 3rd-party session and persistent cookies. The cookies set by us are called “1st-party cookies” and the cookies set by our third-party partners and service providers are called “3rd-party cookies”. For example, we use Google Analytics cookies to evaluate the performance of our Website; this is a web analytics service offered by Google that tracks and reports traffic on the Website. Google uses the collected data to track and control the use of our Service. For more information about Google’s privacy practices, please visit the Privacy and Terms of Service page.
Persistent cookies remain on your device after you close your browser or until you manually delete it (for the former, how long the cookie remains on your device will depend on the duration or “lifetime” of the specific cookie and your browser settings). Persistent cookies help us recognize you as an existing user of our Website, so it’s easier and convenient to return to our Website or interact with our Services without signing in again. In addition, persistent cookies also help us recognize you when you view a resource belonging to our Website from another website or app (such as an advertisement) and help us record information about your web browsing habits during the lifetime of the persistent cookie.
Session cookies are temporary cookies that remain on your device until you close your web browser. Many session cookies are essential to make our Website work correctly, as they typically enable you to move around our Website and use our features.
Examples of cookies we use:
Necessary Cookies - These cookies are necessary for the proper functioning of the Service and the security of the Website. For example, necessary cookies are used to ensure the functionality of a change from http to https, or to remind you of your cookie preferences if you are prompted to accept or decline certain cookies. We are not required to obtain your consent for these cookies.
Statistical Cookies - Statistical cookies help us, by collecting and communicating information anonymously, to understand how visitors interact with the Website.
Marketing Cookies - Marketing cookies are used to track visitors through the Website. The goal is to display ads that are relevant and interesting to the individual user and, therefore, more valuable to third-party publishers and advertisers.
Social Media Cookies - These cookies are used to allow you to share or like our pages and content through third-party social media websites.
You can also visit the below link for an overview of how to block or delete cookies on the most common browsers: https://www.allaboutcookies.org/
Use and Disclosure of Personal Information
We take actions to ensure that only NDC Professionals who need to access your personal information in the course of their duties have access to it. We use and share your personal information primarily:
to make full use of, maintain, improve, and provide all the functionalities of the Website, provide the services and information you request, respond to comments and questions, and provide support to users of the Website;
to understand and analyze the usage patterns and preferences of our users, improve the Website, and create new products and services and new features and functionalities;
to communicate with you in accordance with applicable laws;
for any other purpose as permitted or required by law.
In the event of a change of ownership, sale, amalgamation, liquidation, reorganization or acquisition of NDC, in whole or in part, your personal information may be transferred as part of the transaction.
Retention of Personal Information
We will only use, disclose or retain your personal information for as long as is necessary to fulfill the purposes for which the data was collected and to the extent permitted or required by law. If you would like more information on the periods during which your personal information will be kept, please contact us using the contact details in the “Contact Us” section below.
We have implemented physical, organizational, contractual and technological security measures to protect your personal information and other data from loss or theft, unauthorized access, disclosure, copying, use, or disclosure and modification. We have taken actions to ensure that only NDC Professionals who need to access your personal information in the course of their duties have access to it.
Transfer of Personal Information
Your personal information is currently stored in Ontario (Canada). If need be, it may be stored and processed in any country where we have facilities or in which we use third-party service providers. In the latter case, your personal information may be transferred to countries outside your country of residence, which may have different privacy rules than your country. If these data are outside your country, they are subject to the laws of the country in which they are located and may be disclosed to governments, courts or law enforcement or regulatory agencies of that other country and in accordance with the laws of that other country. However, our practices regarding your personal information will at all times be governed by this Policy.
Protection of Personal Information for Children
Our Services are not intended for any individual under 14 years of age (“children”). If you are a minor under the laws applicable to your place of residence, please do not provide us with any personal information without the express consent of a parent or guardian.
We do not voluntarily collect personal information from minor children. If you are a parent or guardian and you know that your children have provided us with personal information, please contact us. If we learn that we have collected personal information from minor children without verification of parental consent, we will take steps to remove that information from our servers.
Rights of Access and Rectification
Upon written request and presentation of a proof of identity, you may access the personal information we hold about you and, if applicable, request that the necessary corrections be made, as permitted or prescribed by law.
However, for the personal information we hold about you to be accurate and up-to-date, please notify us immediately of any changes.
We will update this Policy from time to time to reflect the changes in our practices, our technology, our legal obligations and other factors. Please see “Last Update” at the bottom of this page for the latest update of this Policy. Unless otherwise noted, any changes to this Policy will be effective immediately upon posting on this page in an updated Policy. By using the Website as a result of a change, you consent to the practices set out in the updated Policy.
To ask questions or make comments about this Policy or your personal information, request access or rectification, file a complaint, or obtain information about our policies and practices regarding our service providers outside Canada, contact our Privacy Officer by email at: email@example.com.