Terms & Conditions – Nutrition Balance

This page (together with the documents referred to herein) tells you the Terms and Conditions upon which we, Nutrition Balance Canada, a corporation located in the City of Toronto, in the Province of Ontario, will supply to you (“Customer”) the products (“Products”) listed on our website www.nutritionbalance.ca(“Website”) or on our web applications, mobile applications or via applications on other platforms or devices via one of our subscription services (“Services”). These terms and conditions are applicable to persons who access our Website, purchase Products, or subscribe for our Services on the internet, or via any web application, mobile application, or other platform or device. Please read these terms and conditions carefully before ordering any Products from us or subscribing to one of our Services. Please be advised that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these Terms and Conditions.

Information About Nutrition Balance

In these Terms and Conditions, the words “we”, “us”, “our” and similar expressions refer to Nutrition Balance Canada, a corporation located in the City of Toronto, in the Province of Ontario, whose head office is located at 8 Colborne Street, Toronto, Ontario, Canada, M5E 1E1.

Service Availability

Our Website, web applications and mobile applications are only intended for use by people residing in selected parts of Ontario such as Greater Toronto Area, York Region, Peel Region, Halton Region, Durham Region, South Simcoe, Barrie (hereinafter referred as the Serviced Areas).

We do not accept orders from individuals outside the Serviced Areas.

Your Status

By placing an order through our Website, web applications or mobile applications, as applicable, you warrant that:

  • You are legally capable of entering into binding contracts; and
  • You are at least 18 years old;
  • You are resident in the Serviced Areas; and
  • You are accessing our Website, web applications or mobile applications, as applicable, from the Serviced Areas.

Becoming a Registered User & Providing Your Information

If you choose to become a registered member of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, in order to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to terminate your user account and refuse any and all current or future use of our Website. You agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.

You agree that you will not disclose your account password to anyone and that you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them. Please keep your password secret and secure. We want to keep all our users safe and happy, so we reserve the right, in our sole discretion, to disable, cancel or delete any account for any reason, or to refuse any user access to any of our Services, if we think doing so will help keep things safe and enjoyable for everybody.

There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any use of the feature of our Website. A use in our Website means any blog, personal page, group page, chat room, message board, similar activity where you can communicate with other users of our Website or post your own content.

Privacy Policy

Protecting your privacy is extremely important to us. Accordingly, we are providing this Privacy Policy to explain our practices regarding the collection, use, and disclosure of information that we receive when you use our Services. This Privacy Policy does not apply to any third-party websites, services, or applications, even if they are accessible through our Services. Any information that we collect is subject to the privacy policy in effect at the time that information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of those changes by posting them on the Services or by sending you an email or other notification, and we will indicate when those changes will become effective.

Security of your information
We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we are unable to guarantee the absolute security of any information.

Modifying Your Information
You can access and modify the information associated with your account by changing it in your Member Portal. If you want us to delete your account, please contact us at support@nutritionbalance.info with your request. We will take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Price and Payment

The price of the Products and our delivery charges, if any, will be as quoted on our Website, web applications or mobile applications from time to time, except in cases of obvious error. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Product prices does not include applicable taxes. Customer can review total payable amount including taxes before placing an order.

Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

Payment for all Products and Services must be by credit card or Interac e-Transfer. We accept payment with Visa, Mastercard and American Express. Recurring payments on subscription products can only be paid by credit card. We reserve the right to change the payment methods we accept at any time. We will not charge your credit card account for a weekly delivery until after the deactivation deadline for such weekly delivery, with the exception of your first delivery under one of our Services which may occur immediately following your initial subscription to said Service.

You represent and warrant that:

  • the payment information you supply to us is true, correct and complete;
  • you are duly authorized to use such credit card or PayPal account for your purchase;
  • charges incurred by you will be honored by your credit card company; and
  • you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Our Liability

If we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the Products. Nothing in these Terms and Conditions excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

You agree to defend, indemnify and hold harmless us, our affiliates and licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms and Conditions, or your violation of any law, or the rights of any third party with respect to the Website, our web and mobile applications, the Products or the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us.

Changes to Terms or Services

We may modify these Terms and Conditions at any time, in our sole discretion. If we do so, you will be notified either by posting the modified Terms on the Website, or via email. It is important that you review the Terms and Conditions whenever they have been modified. In the event that you did not review the modified Terms and Conditions, yet continue to use the Services after we have posted modified Terms and Conditions on the Website, or have communicated them to you, Nutrition Balance will assume that you agree to be bound by the modified Terms and Conditions. If you do not agree to be bound by the modified Terms and Conditions, you will be unable to use the Services. Please be advised that Nutrition Balance may change or discontinue all or any part of the Services, at any time and without notice, and at our sole discretion.

Postings

Nutrition Balance may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, and postings on our Website; however, Nutrition Balance is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, hate speech, danger, illegality or inaccuracy contained in any information transmitted to any such locations on our Website. Nutrition Balance will cooperate with law enforcement or a court order requesting or directing Nutrition Balance to disclose the identity of anyone posting any information or material prohibited by this Policy. Nutrition Balance may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Nutrition Balance, its clients, or the public.

Our Communication To You

You agree that Nutrition Balance may send electronic mail to you for the purposes of advising you of changes or additions to this Website, about any of Nutrition Balance menu and services, or for such other purpose(s) as Nutrition Balance deems appropriate.

Contact and Communication:

Nutrition Balance hours of operation:

Monday – Friday 9:00 AM to 9:00 PM EST

Saturday – Sunday 9:00 AM to 6:00 PM EST

Email us at support@nutritionbalance.info or calling 1-416-418-8649

Delivery

Nutrition Balance conducts the deliveries on Sundays between the hours of 1:00 PM and 10:00 PM.

We do not guarantee a specific delivery time and can only advise of the time window based on your delivery location. We cannot guarantee that every meal box will arrive exactly within the timeframe we give you. In particular, in the case of inclement weather or other events beyond our control that interfere with our ability to deliver your meals, we will attempt to deliver your meals as soon as reasonably possible. If a delivery arrives early or late, you agree that you will still accept the meal and release us from all liability for any loss, damage, or inconvenience that you encounter as a result of early or late delivery. In order to place a hold on delivery, make changes to your delivery schedule and address, we must be contacted via email or phone no later than 2 business days in advance of delivery, no later than 5:00 PM.

Delivery Areas:

  • City of Toronto
  • York Region
  • Peel Region
  • Halton Region
  • Durham Region

Delivery Fee:
Please be advised that there is no delivery fee for the Ultimate Weight Loss Meal Plan on weekly and monthly basis.The delivery charge is applicable to Pick Your Own Meals option and Maintenance Meal Plans, and is calculated based on your delivery location. The delivery fee will be added to your purchase on the Website and outlined to you prior to completing the order.

Cancellation Policy

To cancel your Nutrition Balance registration, you can either:

1) call our customer service line at phone no. 1-416-418-8649; or

2) email us support@nutritionbalance.info and follow instructions, if any, that are provided to you in response to your cancellation request.

Pick Your Own Meals, Maintenance Meal Plans and Weekly Ultimate Weight Loss Meal Plan
Full refund can be issued only if order was canceled at least 2 days before arranged delivery date. For example, the delivery scheduled for Sunday, December 15th – the order may be cancelled by 11:59 pm on Friday, December 13th). We reserve the right to charge additional fees up to full amount of purchase if cancellation request was sent after the cutoff time.

Recurrent Payments
The cutoff time to skip a delivery, make any changes to a delivery, or cancel your subscription is 11:59 pm of the Friday prior to delivery date. For example, the delivery scheduled for Sunday, December 15th – the order may be cancelled by 11:59 pm on Friday, December 13th).
In the event that the cancellation is not placed by 11:59 pm on the Friday prior to the delivery date, recurrent payment will be processed and the delivery will be completed on a Sunday. In the event that the cancellation is not placed by 11:59 pm on the Friday prior to the delivery date, the delivery will be completed on a Sunday.

Monthly Ultimate Weight Loss Meal Plan
Nutrition Balance encourages each Customer to try out the options of Pick Your Own Meal, Maintenance Meal Plans or Weekly Ultimate Weight Loss Meal Plan prior to placing an order for the Ultimate Weight Loss Meal Plan on monthly basis in order to avoid dissatisfaction and/or potential cancellations.

Please be advised that the Monthly Ultimate Weight Loss Meal Plan is only available for the minimum of four (4) weeks. By choosing the Monthly Ultimate Weight Loss Meal Plan, you are entering into an agreement with Nutrition Balance to receive our Services for the minimum of 4 weeks, with the meal delivery being conducted every Sunday for the duration of 4 weeks. Upon choosing the Monthly Ultimate Weight Loss Meal Plan, your payment method will be charged in full for the first month at the time of placing your order. Payment for each next month will be charged automatically at the end of the prior paid period. In order to cancel recurring payments Customer should contact Nutrition Balance at least 2 days before the end of prior paid period.

Customer has a right to cancel Monthly Ultimate Weight Loss Meal Plan at any time by placing cancelation request via phone or email at least 2 days before next delivery date. Refund will be issued only for the remaining number of weeks within paid period. For example, if Customer decides to cancel Ultimate Weight Loss Meal Plan after 2 weeks from entering, refund will be issued for remaining 2 weeks based on the price of Weekly Ultimate Weight Loss Meal Plan. Nutrition Balance reserves the right to reject cancellation request or charge additional fees for cancellation.

Money-back guarantee terms and conditions
In the event that the weight loss is not achieved using our Ultimate Weight Loss Meal Plan for 4 (four) consecutive weeks, we offer a full money-back guarantee. The return policy is only applicable if every and all the following conditions are met by the Customer:

  • No weight loss has been achieved by the Customer: the weight remained the same as at the 1st day of using Ultimate Weight Loss Meal Plan, or increased;
  • Weekly 15-minute consultation with a nutritionist via telephone or Skype for 4 (four) consecutive weeks has been completed by the Customer;
  • Daily completion of the table of progress for 4 (four) consecutive weeks by the Customer;
  • Weekly body measurements video report for 4 (four) consecutive weeks has been completed by the Customer – measurements of weight, chest, waist and hips are to be taken and recorded.

Please be advised that refund policy does not apply for any purchases, other than Ultimate Weight Loss Meal Plan.

Marketing

Promotions
Nutrition Balance may offer promotional discounts or free trials for a specified period of time. If we offer you a promotional discount or a free trial, the specific terms of your free trial will be provided at registration and/or in the promotional materials describing the offer. These promotions may not be combined with any other offer and can be limited to specific Nutrition Balance products or Meal Programs. Unless you cancel your membership or subscription prior to the end of your promotional discount/ free trial, we will begin charging your payment method on an auto renewal basis for the applicable product/program until you cancel your membership or subscription. Instructions for cancellations are stated above under the Section titled “Cancellation”. You will not receive a notice from us that your free trial has ended or that the paid portion of the applicable membership or subscription has begun. We reserve the right to modify or terminate promotional discounts or free trials at any time, without notice and in our sole discretion.