We are thrilled that you've joined Best Weight.
Here is a copy of the Terms & Conditions that you agreed to on the checkout page. Please complete the form below, and then click Continue for access.
General Terms and Conditions
Please read these General Terms and Conditions (“Terms”) carefully using the Services, defined below. “You” and “users” shall mean all visitors to and customers of the Services as well as any Program, defined below, purchased by any user which entitles You to access to a Program. You must agree to these Terms, without qualification or amendment, before you are permitted to use the Services. Your use of the Services signifies your agreement to be bound by these Terms each time you access the Services. If you are under 18 years of age, you are not permitted to use the Services.
If you do not agree with these Terms, you are prohibited from participating in the Program.
As used in these Terms, the terms “Us” and “Our” is defined to include High Metabolic Clinic Inc., and the term “Company”, is defined to include High Metabolic Clinic Inc., its subsidiaries, affiliated companies, owners, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors and assigns.
- The Services and Programs
- The “website” means the website located at www.sashahighmd.com and any software applications under Our control, whether partial or otherwise, used in connection with providing the services provided by Us. The Services provide, amongst other services, an online platform to enable you to view information online, a learning platform with digital or downloadable resources, one-on-one or group coaching, classes, workshops, training, and online private forums (collectively the “Programs”). The Programs may be made available for an annual, monthly, or course fee or subscription, at Our sole discretion.
- The Services may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Services. Some of these third-party websites may use Our Content (defined below) under license from Us. We are not responsible for these third-party websites, whether or not we are affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Services.
- Program Participation
- To participate in a Program, you are committing to your own safety. Consultation with your healthcare provider is strongly recommended prior to engaging in any weight loss program.
- You acknowledge that We may, at any time and in its sole discretion, modify the Programs or the names of the Programs without advance notice to you.
- If you miss a session, you forfeit the session and it will not be rebooked. If you are more than 15 minutes late for a session, it will be forfeited. We required 2 business days' notice via email or phone to reschedule a session. Sessions cancelled in less than 48 hours may be forfeited at our option.
- In addition to these Terms, You agree to the supplemental terms and conditions of each Program as provided below:
- Not Medical Advice
- The Programs have been designed by a medical doctor to provide general medical education about obesity physiology, treatment and anti-obesity medications. The Programs are not geared to a specific individual and is not a substitute for professional medical advice or care. While Dr. Sasha High is a medical doctor licensed in the province of Ontario, she is not offering medical advice or care through the Programs. Participation in the Programs does not create a doctor-patient relationship, whatsoever.
- Our Content is intended to be educational and is not intended to replace consultation with a licensed medical doctor or other licensed professional. All information, materials, podcasts, blogs and coaching provided in association with the Programs should not be relied upon unless you have obtained specific advice or treatment from your own healthcare provider.
- We encourage you to discuss with your personal doctor before you make any lifestyle, diet, or exercise changes. The Programs are for general education. Never disregard or delay seeking medical advice because of information you have obtained from a Program. If you are in need of medical care, you must seek out assistance from your own doctor or medical care professional or call 9-1-1 for medical emergencies.
- No Guarantee of Results
- All statements made within a Program or on any marketing material relating to potential results are not to be construed as promises of actual results. Your results will be determined by a variety of factors and actual results vary among individuals, therefore we cannot guarantee your success.
- Health Coaches
- Our coaches (“Health Coaches”) will help guide you through the program. While some of Our Health Coaches are trained or have designations in other professions, such as Registered Dietitians or Physicians, for the purposes of the Programs, our Health Coaches are not acting in their professional roles, nor are our Health Coaches licensed psychotherapists or counsellors. Participation in the Programs does not replace your own healthcare provider team.
- Participation in a Program is restricted to 18 years of age and older. By participating in a Program, you represent and warrant to Us that you are at least 18 years old. We disclaim all liability for use by individuals who are male or under the age of 18.
- Financial Matters
- You may sign up for a Program using the Services. We cannot promise 100% uptime of our websites and availability of a particular Program.
- You agree to pay for all Programs that you purchase through our Services and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments.
- If We use a third-party payment processors for electronic commerce, the third-party payment processor will provide information about accepted payments through the methods detailed on the applicable payment screen, which may include various credit cards, Google Pay, and PayPal. Information that you supply to our payment processors is not stored by us or within our control and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and We are not responsible for any fees charged by them. We disclaims all liability with regards to any fees or problems you may have with third-party payment processors.
- All payments shall be made in Canadian Dollars. You shall be responsible for payment of all taxes, governmental charges and other like charges levied on the fees paid.
- If payment is not received when due, the Company reserves the right to terminate your access to the Program and all associated content immediately and permanently. Once enrolled in a Program, if your Program permits periodic payments and you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain responsible for the remaining payments until the full cost of the Program has been paid in full.
- The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
- No Refunds or Interruptions of Programs
- Because of the extensive time, effort, preparation and care that goes into creating and providing the Program and the need for continuity in the Program to maximize the opportunity for success, We do not permit suspensions of Programs or refunds. Unless otherwise provided by law, you acknowledge that we do not offer suspensions or refunds for any portion of your Program or payment for any of our Programs. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be provided.
- Since we have a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
- You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
- We agree to keep all information about the relationship, including any medical information you share with Us, confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others.
- Confidential information means all non-public, proprietary or confidential information of either You or Us (the “Disclosing Party”) in oral, visual, written, electronic or other tangible or intangible form, whether or not marked or designated as "confidential", and all notes, analyses, summaries, reports and other materials prepared by the party receiving the information (the “Recipient”) or any of its representatives that contain, are based on or otherwise reflect, to any degree, any of the foregoing ("Notes").
- The Recipient agrees to keep all Confidential Information of the Disclosing Party confidential. Such obligation of confidentiality shall not apply to Confidential Information that:
- was already known by or in the Company’s possession prior to your participation in the Program;
- is or becomes generally available to or known by the public or third parties not under an obligation of confidentiality; or
- is or becomes available to the Recipient from a source other than the Disclosing Party.
- If a Recipient is required to disclose the Disclosing Party's Confidential Information by applicable law or valid court order, the Recipient shall notify the Disclosing Party of such requirements so that the Disclosing Party may seek a protective order or other remedy.
- You acknowledge and agree that some of our Programs include group work of forums open to other participants in the Program. You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants strictly confidential except in very rare circumstances where disclosure is required by law.
- The Company may record coaching calls and share them within the Program and you consent to such recording and sharing of such calls.
- You agree you will not share any recorded coaching calls or forum postings, including posting on third-party platforms intended only for participants in the Programs, outside the private member areas of the Company’s website or any such third-party forums operated by the Company.
- If you have registered to use the Services or are registered for a Program, you agree to receive emails from Us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.
- Electronic Notices. By using the Services or providing any personal information to Us, you agree that We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If We learn of a security breach relating to your personal information that is required to be reported pursuant to applicable security breach notification laws, we may attempt to notify you electronically by posting a notice on the Services or by sending an email directly to you.
- Intellectual Property
- The “Content” means the contents of the Service, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files, computer code, and other content. All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content is Our property or property of Our licensors and are protected under copyright, trademark, and other laws.
- You acknowledges that Our Intellectual Property has commercial value and You acknowledge such intellectual property as proprietary and confidential to Us. “Our Intellectual Property” means all intellectual property owned by Us including without limitation, Our marketing materials, website content, trademarks, logos and materials furnished to you by Us, any and all derivatives, improvements, enhancements, versions or extensions of such intellectual property conceived, reduced to practice or developed at any time whether by Us or otherwise. Our Intellectual Property may be used only by you and only for those purposes expressly set out in these Terms or otherwise approved by Us in writing prior to its use.
- Subject to these Terms, We hereby grant to you during your enrollment in a Program, a limited, non-exclusive, revocable, non-transferable, non-assignable, and royalty-free license to use Our Intellectual Property supplied to you solely for the use of the Services and Programs. Any other use is expressly prohibited. Any enhancement in the value of Our Intellectual Property or goodwill related thereto which results from the efforts of You shall not give rise to any further rights to You. Unauthorized use of Our Intellectual Property may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy You make of the Content in accordance with these Terms.
- Neither Our Intellectual Property, nor other material made available on or through the Services may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way, without written permission of the copyright owner, unless such content is specifically made available for and authorized to be downloaded from our Services, in which case You are authorized to download a single copy of such materials for Your own use. For example, certain Program materials may be made available as unprotected PDF files that can be downloaded by registered Program participants and/or other users of the Services. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Services, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights retained by Us or Our licensors, unless You have obtained express written authorization to the contrary.
- No materials obtained from the Services, even if authorized for download from the Services, may be redistributed, nor may they be used for any commercial purpose, without Our prior written permission.
- There are no implied licenses granted in these Terms.
- Your User Content and Our License to Use
- The Service may provide you with the ability to create, post, or share content, including messages in chat rooms or comments in the community or on blog posts (“Your User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
- You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Service does not result in a breach of contract between You and a third party. You agree to pay all fees owed to any person or corporation as a result of posting Your User Content on the Service and any subsequent use resulting therefrom. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
- The Service contains content from users and other licensors. Except as provided within these Terms, You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any such content appearing on or through the Service.
- Suggestions and Submissions
- We appreciate hearing from our users and welcome Your comments regarding the
Please be advised, however, that if You submit to be published creative ideas,
suggestions, inventions, or materials (“creative ideas”), including blog posts, we shall:
- Own, exclusively, all now known or later discovered rights to the creative ideas;
- Not be subject to any obligation of confidentiality and shall not be liable for any use or
disclosure of any creative ideas; and
- Be entitled to unrestricted use of the creative ideas for any purpose whatsoever,
commercial or otherwise, without compensation to you or any other person, unless
explicitly agreed upon otherwise.
- We appreciate hearing from our users and welcome Your comments regarding the
- User Content Disclaimer, Limitations, and Prohibitions
- We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted
by users of the Service. You accept that any reliance on material posted by other users or third-party service providers will be at Your own risk. By using the Service you accept the risk that You might be exposed to content that is objectionable or otherwise inappropriate. You acknowledge that software (and learning material for that matter) is never wholly free from defects, errors and bugs; and subject to the other provisions of this terms and conditions, We give no warranty or representation that the software or platform will be wholly free from defects, errors and bugs.
- We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted
- You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
- You expressly acknowledge and agree that You are solely responsible for Your User Content on the Service. We do not endorse, nor are we responsible for, Your User Content on the Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability, and You agree that You are solely responsible for any consequences that may arise from the posting of Your User Content through the Service. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
- You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
- Frame or link to the Service without permission;
- Use data mining, robots, or other data gathering devices on or through the Service;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person or post any content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct or that gives rise, or potentially gives rise to civil or criminal liability or that violates any applicable law;
- Sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
- Re-create parts of Our commercial offering for free or commercial use;
- Post advertising or marketing links or content, except as specifically allowed by these Terms;
- Without our consent use the Service after your account has been terminated;
- Use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Us or others; or
- Access the Service from a jurisdiction where it is illegal or unauthorized.
- You explicitly agree to Our Acceptable Use Policy.
- Termination, Suspension and Removal
- The Company reserves the right in its sole discretion to refuse or terminate Your access to the Program, or the Service in full or in part, at any time without notice, at our discretion or if you breach any part of these Terms. We reserve the right to refuse to provide the Service to You in the future. In the event of cancellation, termination, or revocation, you are no longer authorized to access the Program, Service or Your account and You will not be entitled to refund of any fees paid. The restrictions imposed on you in these Terms with respect to the Program will still apply now and in the future, including but not limited to the confidentiality provisions, even after termination.
- We may review and remove any of Your User Content at any time for any reason, including
for any activity which, in Our sole judgment: violates these Terms; violates applicable laws,
rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or
harms or threatens the safety of users of the Service.
- You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or
others caused by or arising out of your breach of these Terms and your use of the Service and you will fully indemnify and hold the Company harmless from and against all such
- Personal Responsibility, Assumption of Risk, Release, Disclaimers
- As used in these Terms, the term “Releasees” is defined to include the following: (i) the Company; (ii) any Company volunteers. You acknowledge that, by engaging in the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
- Legal Disputes
- These Terms shall be governed by and construed in accordance with the provincial laws of Ontario and the federal laws of Canada. By participating in any Programs, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
- Users Outside Canada
- Our Liability
- We may change, suspend or discontinue any aspect of the Service at any time, at our sole discretion, including restricting access to or the availability of Programs, without notice or liability.
- We are not responsible for any disputes or disagreements between You and any third party you interact with using the Service. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
- We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use of the Service is at your own risk.
- You agree to defend, indemnify, release, and hold harmless the Company and any members, or partners, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your participation in the Program in violation of these Terms, (ii) any breach by you of these Terms or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials available in the Program or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU, YOUR PARTNERS, BENEFICIARIES, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS (REFERRED TO COLLECTIVELY AS THE “PARTICIPANT PARTIES”) OR TO ANY OTHER THIRD PARTIES, UNDER ANY HEAD OF DAMAGE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL AND LOST PROFITS OR REVENUE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S MAXIMUM LIABILITY TO THE PARTICIPANT PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF ANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION, IN THE AGGREGATE, EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE MONTH (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
- Force Majeure
- The party will not be deemed to have breached these Terms for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic; pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the party (a “Force Majeure Event”). Failure to make any payment when due shall not be deemed a force majeure event.
- Entire Agreement; Modifications
- You expressly agree that these Terms are intended to be as broad and inclusive as permitted by the law of the province of Ontario, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
- The Company may change, modify or update these Terms at any time. Any access or use of the Program by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].
- Failure to Enforce Shall Not Constitute Waiver
- Any failure by Us of enforcing or exercising any of the Terms or related rights shall not constitute a waiver of those rights or provisions.
- These Terms apply to all Services and agreements with us, unless and insofar as not expressly otherwise agreed in writing. Varying provisions and any standard terms and conditions of the user apply only if and to the extent that they have been accepted by Us explicitly and in writing and only for the Terms for which they have been accepted. Should one or more of the provisions of the Terms at any time become partially or wholly invalid or unenforceable, the remainder of the provisions shall remain in full effect. In case of invalid or unenforceable provisions, We and the user shall enter consultations with the aim of agreeing an alternative valid and enforceable provision, whereby the scope of the Terms is maintained.
By clicking on the box you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to these Terms. If you do not agree with these Terms, you will not be permitted to participate in any Program.
Updated on October 31, 2022