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    Terms and Conditions

    1. Paying for your joshgitalis.com order constitutes the acceptance of our terms and conditions outlined below.
    2. Registration and payment for in person and/or online classes/workshops/events, is non-refundable. Due to the limited class size, we can not offer you a refund should you have to cancel. The class however is completely transferable. Should you be unable to attend, you are welcome to send someone in your place. Unfortunately, should you be unable to find a replacement, we can not offer a make-up class or transfer your registration to another workshop.
    3. Due to limited class sizes, we are unable to reserve spots in any classes or retreats without payment. Should you choose to pay by cheque, should that class fill before your cheque is received, we will send it back, or you can choose for us to hold payment towards an upcoming class.
    4. Goods remain the property of Josh Gitalis until payment is received in full.
    5. There is a possibility that certain items may be temporarily sold-out.
    6. We strive to create educational materials that would be of interest. This is not to be taken as medical advice. Please always consult your physician before taking on any new diet or lifestyle practice.
    7. If you have any questions or concerns please contact info@joshgitalis.com.

    Terms and Conditions on Hard Goods / Products

    Shipping & Returns

    Provide Correct Shipping Address 

    Customer is responsible for providing correct shipping address for Canada Post and/or UPS deliveries. Please make sure your delivery address is correct and complete! Josh Gitalis is not liable for an incorrect delivery address.

    Packages ship with Canada Post or UPS  depending on the size, weight and destination. Please indicate in the Notes section if your delivery address has any limitations or special instructions. If this note is missing, and the package is returned to us as undeliverable, customer will be responsible for any and all reshipping fees.

    When Will You Get Your Stuff?
    All orders will leave within 96 hours of the order being placed. Orders placed over the weekend will not be filled until the following business day. Orders typically arrive to their destination within 6-10 business days, but delivery can take up to three weeks. These packages are NOT insured with the post office. If you would like your package insured, you can email our customer care department and we can make arrangements to send your package Express Mail International. Shipping costs are usually doubled when using the Express method of delivery.

    Domestic Shipping Rates
    We are currently only shipping hard goods within Canada.

    Shipping rates are currently a flat fee.

    Expedited Shipping:
    We offer Expedited Shipping on most orders. Paying for Expedited Shipping gets your order out a little bit faster.

    We will ship your order as fast as your paid shipping allows.

    If you would like your package to have Overnight or 1-2 day guaranteed shipping service, please give us a call and we’ll see what we can swing.

    *Expedited shipping does NOT apply to Free shipping (orders over $300 before tax).
     

    We Ship From:
    184 Westminster Ave.
    Toronto ON MR6 1P1

     Non-Refundable

    Josh Gitalis is not responsible for Lost/Stolen/Mis-routed/Not Received packages. If such a misfortune occurs, for our part, we will file claims with the post service on your behalf. If an undelivered package is returned to us, you can choose to: 1. Receive a refund for the items bought (minus the initial shipping fee) or 2. We can collect another shipping payment from you and attempt to reship the items that were returned to us. 

    Return Policy

    All of your purchases from Josh Gitalis  are covered by our 30-day money back guarantee on all sealed items. We also offer a 48-hour response time (Monday through Friday) on your e-mail requests. Please e-mail or call our customer service within 30 days of the shipment date to receive authorization and return instructions. If you do NOT get a response to your email or phone call within 48 hours, it is safe to assume the correspondence was not received, and you should attempt to contact us again.

    If for any reason you are unhappy with a product you have purchased from us, you may return it for a full refund — less shipping and handling- when in it’s original sealed package and/or unused.  Customer is responsible for shipping any unwanted product back to us. Please see return protocol below.
     
    Return Protocol : How To Return a Product

    Please write your order number on outside of the box in clear bold writing. Failure to do so may result in the box being returned to you unopened, or delays in processing your refund.

    Returns are to be sent to this address:

    Josh Gitalis
    184 Westminster Ave.
    Toronto ON MR6 1P1

    THE FOLLOWING MUST BE INCLUDED IN THE BOX
    Full name and order number:
    Reason for return:

    Terms and Conditions For Courses and Digital Products

    Limited License Agreement

    You are purchasing one individual (no sharing) participation in one copy of a single training video program enrolment (each, and collectively, “Product”), granting you access during your program dates. We make no guarantee about unlimited ongoing access and reserve the right to add or remove content at any time.

    Duplicating, sharing, or uploading Product (or any part of a Product) or any published materials from our websites to sharing sites is considered stealing, and we reserve the right to take any and all legal action against such theft as we see fit to the full extent of the law.

    The Product, including all related course material and any content, including from our websites, is protected by copyright, trademark, and other intellectual property laws, and as between you and us, is owned by Josh Gitalis or its suppliers or licensors. The Product, related course material and content, including from our websites, is licensed to you solely for your individual, personal, noncommercial use.

    You may not use the Product or the materials available in the Product, related course material or the content, including from our websites, in a manner that constitutes an infringement of our rights or that has not been authorized by us.

    More specifically, unless explicitly authorized in this agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product, related course material or the content, including from our websites.

    You may, however, from time to time, download and/or print one copy of individual pages of the JoshGitalis.com website for your individual personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

    If you violate any of the foregoing license terms, your license will immediately terminate and you will cease all use of, and destroy any copies of, the licensed materials.

    In addition certain Products contain additional use and rights terms, which will be applicable to the product in which they are contained.

    You agree that you will notify us of any feedback or suggestions relating to the Products, service and content, and related materials; and you hereby grant to Josh Gitalis a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to us, including all feedback or suggestions.

    You promise and warrant to only provide us information and content that you have the right to give us, and you will indemnify us in respect of any claims and/or actions if this is not true.

    All rights not expressly granted under this agreement are reserved by us and our licensors and suppliers.

    Purchase of the Functional Reset Program – Prime and Essential Level

    All video courses are designed to deliver on what is outlined in the video course description.

    All sales are final. No refunds, no exceptions.

    Terms and Conditions

    Please ensure you read and understand our entire Terms and Conditions Policies and Restrictions.

    Please read the following very carefully before enrolling in any program offered by, or using any content, materials or services of, Josh Gitalis.

    You must be of legal age to contract (usually at least 18 years old) to enrol in our programs or make any purchases from us.  If you are not so eligible, please exit now. You are entering into a legally binding agreement.

    If you do not agree with the terms and conditions of this agreement, please do not enrol in any program or access or use any of the services, content or materials of Josh Gitalis or its website.

    Legal Agreement


    This agreement is a legal agreement between Josh Gitalis (also referred to as “we”, “our”, “us”) and you (and other derivatives of “you” such as “your”, and the words “I”, and “me” meaning the individual who enrolls in (or purchases) our programs or uses our services or materials) covering your use of the content, services and/or programs, and related materials, of Josh Gitalis.

    By enrolling in any program, purchasing any products or using any content of the website [joshgitalis.com], you acknowledge and agree that you have read and understand all aspects of the terms and conditions of this agreement and the course outline available at joshgitalis.com, and that you agree to all of the terms and conditions, including the disclaimers, the releases, the limitations of liability and termination provisions below.

    You also agree and consent to our Privacy Policy (which can be found here), which covers how we collect, use, share and store your personal information and the Terms of Payment (paid in full, monthly payment plan).  These form an integral part of this agreement.

    Our products, programs, services, and content, and related materials, are not intended for use by minors.
    Again, if you do not agree with the terms and conditions of this agreement, do not enrol in any program or access or use any of the services, content or materials of Josh Gitalis or its website, and exit now.

    Disclaimer

    You alone are responsible for your actions and results in life, health and business.

    When addressing health matters in any of our programs, websites, videos, newsletters or other content, they are for educational purposes only and do not replace, or override the advice your own medical health representative(s).

    We do not claim that anything taught in our programs, available on our websites or contained in our videos, newsletters, social media, emails, books or other content, will treat or cure any disease.

    We make no representations, warranties or guarantees that you will achieve any results from our ideas or content presented in our programs, available on our websites or contained in our videos, newsletters, books, social media, emails, and we offer no professional, legal, medical, psychological or financial advice in connection with same.

    SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT SOME OF THE TERMS IN THIS SECTION MAY NOT APPLY TO YOU.

    JOSH GITALIS PROVIDES ITS SERVICE, PROGRAMS AND CONTENT, AND RELATED MATERIALS, “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, INCLUDING, WITHOUT LIMITING THE FOREGOING, NO WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OR TRADE PRACTICE, OR NON-INFRINGEMENT.  FURTHERMORE, JOSH GITALIS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ITS WEBSITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

    As a graduate from the Program, it is your responsibility to ensure any clients, guests, customers or anyone you share information with are aware that it is for their own educational purposes only and it is not medical advice.

    Limitation of Liability

    SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT SOME OF THE TERMS OF THIS SECTION MAY NOT APPLY TO YOU.

    You agree that in no event will Josh Gitalis its suppliers, employees, shareholders or directors:

    (a) be liable for any special, indirect, incidental, exemplary, consequential, or punitive damages, including legal fees and costs, in any action or proceeding arising out of or in connection with this agreement, the programs, the content and services, and related materials, or

    (b) be cumulatively liable for any amount (including in respect of damages) in excess of the fees that you have paid to it in respect of the program or product that you have purchased;

    whether arising in contract, tort, statute or any other legal theory, whether the damages result from our actions or inactions or are the result of third parties actions or inactions, whether we knew or should have known about the possibility of such damages, or if the limited remedies provided in this section fail of their essential purpose.

    The foregoing will not apply to direct damages to you intentionally caused by us in violation of this agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed by this agreement.

    Release

    SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT SOME OF THE TERMS OF THIS SECTION MAY NOT APPLY TO YOU.

    This agreement includes this legally binding liability release, waiver, discharge and covenant not to sue (the “Release”), made by you, to (i) Josh Gitalis, (ii) to the representatives, employees, agents and contractors of Josh Gitalis and (iii) to the shareholders, officers and directors of Josh Gitalis, and their respective heirs, legal representatives, successors and assigns (collectively the “Releasees”).

    With full understanding of the risks involved and despite this Release, you agree that you are voluntarily choosing to participate in a class or classes operated by Josh Gitalis and you are willing to participate in the activities associated with those endeavors.

    In consideration of and in return for the services, access to content and/or use of facilities, and other assistance provided to you in these activities, you agree that you release the Releasees from any and all liability, claims, and actions that may arise from injury or harm to you, including from your death or from damage to your property in connection with these activities.

    You understand that this Release covers liability claims and actions caused entirely or in part by any acts or failures to act by the Releasees, including but not limited to negligence, mistake, or failure to supervise.

    You further agree to abide by all the rules and regulations promulgated Josh Gitalis while performing these activities.

    You recognize that this Release means you are giving up, among other things, rights to sue the Releasees for injuries, damages, or losses you may incur while participating in these activities. You agree that you also understand that this release binds your heirs, executors, administrators, and assigns, as well as yourself.

    Limited License Agreement

    You are purchasing one individual (no sharing) participation in the Program or one copy of another single advanced training video program enrolment (each, and collectively, “Product”), granting you access during your program dates. We make no guarantee about unlimited ongoing access and reserve the right to add or remove content at any time.

    Duplicating, sharing, or uploading Product (or any part of a Product) or any published materials from our websites to sharing sites is considered stealing, and we reserve the right to take any and all legal action against such theft as we see fit to the full extent of the law.

    The Product, including all related course material and any content, including from our website, is protected by copyright, trademark, and other intellectual property laws, and as between you and us, is owned by Josh Gitalis. The Product, related course material and content, including from our website, is licensed to you solely for your individual, personal, noncommercial use.

    You may not use the Product or the materials available in the Product, related course material or the content, including from our website, in a manner that constitutes an infringement of our rights or that has not been authorized by us.

    More specifically, unless explicitly authorized in this agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product, related course material or the content, including from our website.

    You may, however, from time to time, download and/or print one copy of individual pages of the JoshGitalis.com website for your individual personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

    If you violate any of the foregoing license terms, your license will immediately terminate and you will cease all use of, and destroy any copies of, the licensed materials.

    In addition certain Products contain additional use and rights terms, which will be applicable to the product in which they are contained.

    You agree that you will notify us of any feedback or suggestions relating to the Products, service and content, and related materials; and you hereby grant to Josh Gitalis a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to us, including all feedback or suggestions.

    You promise and warrant to only provide us information and content that you have the right to give us, and you will indemnify us in respect of any claims and/or actions if this is not true.

    All rights not expressly granted under this agreement are reserved by us and our licensors and suppliers.

    Payment Plans + Delinquent Status

    The application you complete for your specific program, or through the checkout process, and includes the selection of your payment plan, is an integral part of this agreement.

    You will comply with your payment obligations, and confirm that all personal information that you have provided in respect of it is accurate.

    Your first payment will be made when you enrol in a program of Josh Gitalis. If you are using a payment plan option, only as offered at checkout, subsequent payments will automatically be charged to you on the same date in the following months until your payment plan is completed.

    All payments must be up-to-date prior to the start of the Program. As long as you make your payments when they are due, you will continue to have access to the Program. However, when a payment that is due is not paid, your status will be changed to “delinquent” and your access to the Program will be put on hold until your outstanding payments are made and you will risk losing the right to earn the completed certification of the Program. If you miss an assignment deadline owing to delinquent status, you will not be eligible for certification or refund.

    If you fail to fulfill the payments prior to the start date of the Program, you will not receive access to the course materials and will not be eligible for a refund in any amount. Payments made up until that point can be used as credit in the next running of the program with balance due in full to complete registration. No exceptions will be considered.

    Upgrading

    Courses are offered on an individual basis, with the option to upgrade to one of the full program levels (Honorary, Certified Practitioner, Advanced Certified Practitioner). A twenty-five dollar administration fee will be applied, per course/program, in addition to the difference owed.

    Extensions

    Students have two years to complete the Certified Practitioner and Advanced Certified Practitioner levels of the Functional Nutrition Certification program. An extension of up to two years will be granted one year at a time, upon approval of the request from the student. The student must provide a written request for the extension, and extensions will be granted at the discretion of Josh Gitalis Inc. The fee for an extension is $300 (plus tax when applicable) per year.

    Students have two years to access the Honorary level of the Functional Nutrition Certification program. Annual extensions will be granted one year at a time, upon approval of the request from the student. The student must provide a written request for the extension, and extensions will be granted at the discretion of Josh Gitalis Inc. The fee for an extension is $150 (plus tax when applicable) per year.

    Students that have successfully completed the Functional Nutrition Certification program or stand alone courses have the option of extending their access. Annual extensions will be granted one year at a time, upon approval of the request from the student. The student must provide a written request for the extension, and extensions will be granted at the discretion of Josh Gitalis Inc. The fee for an extension is $150 (plus tax when applicable) per year.

    Confidentiality and Privacy

    We respect your confidential information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow students (“Participants”), graduates and all materials created, own and shared by Josh Gitalis.
    Thus, you agree:

    that any confidential information shared by Participants, graduates or any representative of Josh Gitalis, is confidential and you will not to disclose such information to any other person or use it in any manner other than in discussion with other Participants during training sessions;

    that all materials and information provided to you by Josh Gitalis are its confidential information and or proprietary intellectual property, belonging solely and exclusively to Josh Gitalis or its licensors or suppliers, and may only be used by you as authorized by Josh Gitalis and

    that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph Josh Gitalis or the affected Participant or graduate will be entitled to seek injunctive relief to address such violations.

    While you are free to discuss your personal and professional results from the Program and all supporting programs, materials, lectures and experts, you must keep the experience and statements, oral or written, of all other Participants in the strictest of confidence.

    You should carefully read our full Privacy Policy as it is incorporated into this agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information may reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information, within the terms of the Privacy Policy.

    Dispute Resolution and Governing Law

    You agree that regardless of where you are resident, this agreement is governed by and will be construed in accordance with the laws of the Province of Ontario, Canada, as if performed wholly within the province, and without giving effect to the principles of conflicts of law.

    However, if you violate, or display any likelihood of violating, any of your agreements contained in this agreement, you agree that Josh Gitalis will be entitled to seek injunctive relief (and any other applicable urgent legal relief) to address such violations, in addition to its other rights, in any jurisdiction.

    No choice of laws provisions will apply to this agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this agreement is expressly excluded.

    You and we agree to waive any right to a jury trial with respect to any action brought in connection with this agreement, and you and we consent to the courts in Toronto, Ontario having exclusive jurisdiction over any action or proceeding arising out of or relating to this agreement.

    You and we agree that if any portion of this agreement is found to be void or unenforceable, the remaining provisions of this agreement will remain in full force and effect.

    You agree that if you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

    You agree to reimburse Josh Gitalis, for any legal fees and costs incurred by Josh Gitalis, for the enforcement of this agreement and the collection of outstanding balances owed under this agreement.

    Except as expressly and specifically contemplated by the agreement, no representations, statements, consents, waivers or other acts or omissions by any Josh Gitalis shall be deemed legally binding on it, unless documented in a physical writing hand signed by a duly appointed officer or director of Josh Gitalis.

    Entire Agreement and Modification of Agreement.

    This agreement and the Privacy Policy Terms of Payment, are the entire agreement between you and us with respect to the subject matter hereof, and supersede and replace, and no reliance shall be placed upon, any prior or contemporaneous proposals, representations, discussions, obligations of any nature, duties, draft or proposed written contracts, understandings or agreements, whether written or oral and whether express or implied, regarding such subject matter.

    We may modify this agreement at any time in our sole discretion.  If we make a material change to this agreement, we will post a new one and put a general notice on the website.

    If any modification is unacceptable to you, you agree that your only recourse is to terminate your enrolment and/or access to the websites and/or services. Your continued enrolment or use of the services or website following our posting of a change of terms notice, an email notice to you, or a new agreement on the website will constitute your binding acceptance of the change. You agree that all subsequent purchases or use by you will be subject to the terms and conditions of this agreement, which shall apply until we post a modified agreement, or until you terminate your enrolment or use of the services.

    How to Contact Us

    You agree that we can provide you with important notices by posting on our website or by sending you an email. Therefore, the contact information you provide must be accurate or you may not receive important notices. If you have any question or comments about this agreement please contact us online or by mail at:

    Josh Gitalis
    184 Westminster Ave.
    Toronto, Ontario.
    M6R1P1

    If you are sending us a notice regarding an issue with this agreement or in respect of a refund, you need to send it by email, registered mail or courier delivery, with receipt confirmed, in order for it to be deemed received by us.