Terms of service
Terms and Conditions
(1) Agreement to our Terms and Conditions
Our Terms and Conditions are effective November 1, 2019. Our Terms and Conditions are an agreement between you and Illumine Health (“we”, “us”, “Illumine”), a sole proprietorship. Our Terms and Conditions are fully primed and constitute the entire agreement between you and us relating to the subject matter contained in them, including the terms and conditions of your use and access of our website and social media and products and programs (collectively our “Materials”) and our Privacy Policy (our “Policy”). By continuing to access and use our Materials, you agree to our Terms and Conditions.
(2) Change to our Terms and Conditions
Our Terms and Conditions are subject to being changed. The effective date of such changes may be either at the date of posting the changes or on some other specified date. You should periodically review our Terms and Conditions to become aware of the changes therein.
(3) What our Terms and Conditions govern/include
Our Terms and Conditions govern your access and use of illumine.co (our “Website”). To the fullest extent possible, our Terms and Conditions govern your access and and use of @illumine.co and @illumine.co (our “Instagram”), our Facebook Illumine Health @illuminebeing and illumine.life (our “Pinterest”) (collectively, our “Social Media”). Our privacy Policy (see sections 21-30 of our Terms and Conditions) is embedded in our Terms and Conditions.
(4) Additional terms and conditions
Our Service Rules
Your use of certain features, functionality, resources, products, or programs offered through our Website may be subject to additional Terms and Conditions (“Service Rules”). You may be required to indicate your acceptance of these Service Rules as necessary.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, Trojans, worms, logic bombs or any code of a destructive nature. You must not attempt to gain unauthorized access to our Site, 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 or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements 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.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
(b) Third party terms and conditions
Your use of third party platforms in relation to your use of our Websites and our Social Media may be subject to third party terms and conditions. By using these third party platforms we are entitled to assume that you agree to their terms and conditions. Please familiarize yourself with the relevant third party terms and conditions, including but not limited to those of Instagram, Pinterest, Zoom, PayPal, and your internet browser.
(5) Our expertise
Illumine is a luxury product line and service intended to shape your approach to achieving success. Although the creator of the label of Illumine is a medical doctor, the specific relationship between yourself and Illumine exists at the intersection of meditation, wellness science, and yoga as intended for wellness and prevention and not for assessment or treatment of a medical or psychiatric condition. As such, Illumine is not a medical practice and Maia Love is not your physician. Consequently, any dealings between you and Maia Love that take place under Illumine or other affiliated businesses do not create a doctor-patient relationship between you and Maia Love. Furthermore, the information on our Materials should not be construed as an attempt to offer or render a medical opinion and does not constitute a medical document. Our Materials do not replace or substitute the services of your physician or other medical professional. If you wish to seek a second opinion with regards to questions about information found on our Materials, we encourage you to consult your physician or other medical professional.
(6) Assignment
Our Terms and Conditions are binding upon and shall inure to the benefit of us and our respective assigns, successors, heirs, and legal representatives. We may assign all rights and obligations under our Terms and Conditions to any affiliated entity or any of its wholly owned subsidiaries. You may not assign our Terms and Conditions or any part thereof to a third party without our prior written consent.
(7) No waiver of any right or provision
The failure to timely exercise or enforcement of any right or provision under our Terms and Conditions shall not constitute a waiver of such right or provision.
(8) Severability
Any provision in the Terms and Conditions that is found by a court to be unlawful, void, or otherwise unenforceable is deemed to be severable from the agreement and shall not affect the validity and enforceability of any remaining provisions.
(9) Indemnification
You agree to at all times defend, indemnify, and hold harmless us and our affiliates from and against all claims, cause of action, damages, liabilities, and costs and expenses connected to your conduct, including but not limited to anyone accessing our Websites through your registered account, your transmission of any user-generated content, your exercise of rights granted under our Terms and Conditions, your breach of any obligation, warranty, representation, or covenant set forth in our Terms and Conditions, your violation of any person’s intellectual property (“IP”), privacy, publicity, or other right, and your violation of any applicable law or any willful misconduct.
(10) Dispute resolution
All disputes regarding our Terms and Conditions, including but not limited to claims relating to the breach of our Terms and Conditions in contract or tort and any claim for fraudulent inducement, shall be submitted for resolution by a professional arbitrator of Illumine’s choosing in British Columbia, Canada. You waive any rights to bring any civil action in any court regarding such disputes and any right to a jury trial, to the maximum extent permitted by the applicable laws. Any award rendered by the arbitrator shall be final and judgement may be entered into it in accordance with the applicable law in the relevant British Columbia court. The party seeking arbitration agrees to serve written notice of the arbitration with the other party to the arbitrator.
(11) Remedies
The consequences of using the internet are unpredictable and potentially damaging. We will make every effort to ensure that your use of our Materials and our handling of your PII are done safely and in accordance with our Terms and Conditions and our Policy. However, your access and use of our Materials is at your own risk. The sole and exclusive remedy available to you for any loss or damage that you incur by accessing or using our Materials, including but not limited to your acting in reliance of them and the handling or mishandling of your PII by us or third parties, is the discontinued use of our Materials. You irrevocably waive any right to seek and/or obtain injunctive or any other equitable relief against us and to restrain or otherwise impair in the production, distribution, exhibition, or other exploitation of any of our business activities.
(12) Governing Law
We value our wind-tossed air, our ocean salt-kissed hair, our deeply oxygenated forests, and our regenerating mountains. As such, our Terms and Conditions (and our Policy embedded therein) will be governed and interpreted by the laws of British Columbia, Canada.
(13) Contacting us
We promise to be as transparent as possible in our dealings with you and to ensure that you are comfortable in the relationship between us. If you have any questions about our Terms and Conditions, please contact us using the information at the bottom of this page.
YOUR ACCESS AND USE OF OUR MATERIALS
(14) Use of our Materials is at your own risk
Your use of our Materials is at your own risk. We make no warranties as to the electronic safety or security of our Materials, including but not limited to our Materials being free of viruses or other harmful components.
(15) User-generated information
You are solely responsible for the information which you post on our Materials (“user-generated
information”), and for any loss or damage resulting from its transmission. User-generated information does not necessarily reflect our views or opinions. We make no express or implied warranties as to the accuracy, integrity, or quality of user-generated information and we are in no way liable for any loss or damage resulting from the transmission of user-generated information. We have no obligation to monitor any of the user-generated information on our Materials, but we have the absolute right to do so, including to alter, edit, refuse to post or remove, or disclose the information and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, governmental request, or to protect us or other parties. We reserve the right to post information on our Materials’ public forums using our staff or outside contributors, anonymously or not.
(16) Linking and framing
You may establish a hypertext link to our Materials, insofar as it does not infer or state any sponsorship of your website or other online platform by us or our Materials. You may not, without our permission, frame or inline link any of the content of our Materials or incorporate information from it into another website or other online platform.
(17) General lawfulness
You are responsible for abiding by all relevant laws in using our Materials. Use of our Materials in certain jurisdictions may itself be unlawful in those jurisdictions. We are not responsible or liable if you nevertheless use our Materials.
(18) Website account and access
You may be required to create an account to access certain features of our Website. You are
responsible for maintaining the confidentiality of the account information, including but not limited to your account username and password, and are responsible for all activities that occur under that account. We are not responsible or liable for any loss or damage arising from your failure to protect your account information. You agree to immediately notify us of any unauthorized use or breach of security of the account. You agree to exit from the account at the end of each session. We reserve the right to, without notice, remove your account and restrict, suspend, or terminate your access to any or all parts of our Website.
(19) IP rights
(a) Our IP rights
Our IP includes but is not limited to our copyrighted property and our registered and unregistered trademarks. All of the materials on our Website are our property and are protected by copyright, trademark, and other IP laws. All of the materials on our Social Media are, to the fullest extent allowed by the terms and conditions of third party platforms, our property and are protected by copyright, trademark, and other IP laws. Our Website are copyrighted and we reserve all rights in them. You may not use our Website or the materials thereon in any way which might infringe upon our IP rights without appropriate authorization by us. You may from time to time, however, download and/or print one copy of individual pages of our Website for your own personal, non-commercial use, provided that you keep intact all proprietary notices and that you do not otherwise infringe upon the relevant IP laws. In doing so you not acquire any IP rights in the material.
(b) Your IP rights
By posting any user-generated information on our Materials, you represent to us that you are the owner of the information or that you posted the information with the express consent of the owner of the information and that no element of the information will infringe upon the IP rights of a third party. You are responsible for paying all royalties and other fees that might be due to any person by reason of the information being posted you and thereafter used by the entity. By posting any user-generated information on our Materials you grant to us a royalty-free, perpetual, unrestricted, worldwide, and irrevocable license to use the information for any purpose, to the fullest extent allowed by third party platforms, if applicable. You are not entitled to any compensation from us or from third parties for this grant of or our use of the information. By posting any user-generated information you waive any moral rights in connection with the information. We reserve the right to identify you as the author of the information.
(20) Limitation of liability
(a) Limitation of liability with respect to our dealings with you. We are not responsible for any loss or damage (be it direct, indirect, incidental, special, consequential or inconsequential damage including but not limited to economic loss, injury, illness, or death) resulting from any decisions made by you in reliance of the information on our Materials, whether or not that information was negligently provided to you by us. We are not responsible for any claims arising from your relationship with any of our licensees. We are not responsible for any loss or damage resulting from user-generated information.
(b) Limitation of liability with respect to your dealings with third parties
We may provide links and pointers on our Materials to websites maintained by third parties. Doing so does not constitute an endorsement of or control over such websites or the information, products, or services offered thereon. We expressly disclaim all liability, responsibility, and endorsement with respect to third party websites, and we make no representations as to their accuracy, integrity, or quality. We are not responsible or liable for any loss or damage incurred by you or any other party as a result of any correspondence or dealings between you and such third parties.