Updated last: June 11, 2018
Subject to Your compliance with the terms and conditions of this Agreement, Smart Cookie Solutions Inc. grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Smart Cookie Solutions Inc. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Smart Cookie Solutions Inc. or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. Like most Web sites, goutandyou.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
Who has access to your personal data
We use internal systems as well as third party systems to collect and store your personal data. Our internal systems data is accessible to only the following:
- Shopify Inc. – Shopify is our customer management system. We use it to manage customer orders, fulfillment, payments and refunds, and customer service notes. See their Terms and Conditions ici.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Personally Identifiable Information collected by goutandyou.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
AFFILIATED SITES, LINKED SITES AND ADVERTISEMENTS
Goutandyou.com expects is partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a goutandyou.com page, certain content that is actually created or hosted by a third party. Also, through goutandyou.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. goutandyou.com is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
Opinions, advice, statements, or other information made available by means of the Website and Services by third parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. SMART COOKIE SOLUTIONS INC. DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY INFORMATION ON THE WEBSITE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE WEBSITE AND SERVICES. UNDER NO CIRCUMSTANCES WILL SK NU MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY THIRD-PARTY.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of goutandyou.com and this policy. You represent and warrant that all information You provide in connection with Your use of the Website and Services will be complete and accurate.
The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with Smart Cookie Solutions Inc. and some of whom may not. Smart Cookie Solutions Inc. does not have control over the content and performance of Third-Party Websites. SMART COOKIE SOLUTIONS INC. HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, SMART COOKIE SOLUTIONS INC. DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. SMART COOKIE SOLUTIONS INC. DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
By completing a purchase through the Website and Services, You consent to receive periodic email communications from Smart Cookie Solutions Inc.concerning Smart Cookie Solutions Inc. products and services, including without limitation, order confirmations, new product information, announcements, special deals, and inquiries regarding the quality of our products and other matters.
By subscribing to the “goutandyou.com” e-zine, You hereby agree to receive periodic email communications from Smart Cookie Solutions Inc.. Each e-zine has clear instructions about how to unsubscribe. Should You subscribe to the e-zine and later wish to unsubscribe, You can opt-out of receiving the e-zine at anytime by following the unsubscribe instructions contained therein.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. Goutandyou.com encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
Know the sites your kids are visiting and which sites are appropriate.
Look for Web site privacy policies. Know how your child’s information is treated.
Check out the FTC’s site: www.ftc.gov for more tips on protecting children’s privacy online.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited.
The Website, all content and materials located on the Website, including without limitation the Smart Cookie Solutions Inc. name, the “Goutandyou.com website, and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of Smart Cookie Solutions Inc. or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor your entry into this Agreement, grant You any right, title or interest in or to any such content or materials goutandyou.com, and SMART COOKIE SOLUTIONS INC. (the “GOUT AND YOU Marks”) are trademarks or registered trademarks of Smart Cookie Solutions Inc. The Website is Copyright © 2013 to the present, SMART COOKIE SOLUTIONS INC. ALL RIGHTS ARE RESERVED.
DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
SMART COOKIE SOLUTIONS INC., ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART COOKIE SOLUTIONS INC., ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER SMART COOKIE SOLUTIONS INC. NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER SMART COOKIE SOLUTIONS INC. NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SMART COOKIE SOLUTIONS INC. OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF SMART COOKIE SOLUTIONS INC. AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMART COOKIE SOLUTIONS INC. OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SMART COOKIE SOLUTIONS INC. OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF SMART COOKIE SOLUTIONS INC. AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO SMART COOKIE SOLUTIONS INC. DURING THE SIX MONTHS PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SK NU MEDIA AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND SMART COOKIE SOLUTIONS INC. OR BETWEEN YOU AND ANY OF SMART COOKIE SOLUTIONS’ LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SK NU MEDIA S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
Disclaimer: This sample privacy notice does not constitute legal advice. The content is for general information purposes only. It is provided without any representations or warranties, express or implied. If necessary, seek appropriate legal counsel in relation to GDPR or your specific circumstances.
For definitive legal advice on providing privacy information under the GDPR, see the Information Commissioner’s Office guide on privacy notices.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Smart Cookie Solutions Inc.’s policies, and with any applicable laws or regulations.
This website is an educational service that provides general health information. The materials goutandyou.com and/or from Smart Cookie Solutions Inc. are provided “as is” and without warranties of any kind either express or implied.
AS AN EXPRESS CONDITION TO USING THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING TERMS. IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT USE OUR WEBSITE. YOUR USE OF THIS WEBSITE, AND ANY PARTICIPATION IN ACTIVITIES MENTIONED ON THIS WEBSITE, MEAN THAT YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
1. The website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the diet plans or exercises (including products and services) mentioned at goutandyou.com and/or from Smart Cookie Solutions Inc. should be performed or otherwise used without clearance from your physician or health care provider. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.
2. There may be risks associated with participating in activities mentioned on goutandyou.com for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in such diet plans if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities.
3. Facts and information are believed to be accurate at the time they were placed in goutandyou.com. All data provided in this website is to be used for information purposes only. Products and services described are only offered in jurisdictions where they may be legally offered. Information provided is not all-inclusive, and is limited to information that is made available and such information should not be relied upon as all-inclusive or accurate.
4. You agree to hold goutandyou.com, Smart Cookie Solutions Inc., its owners, agents, and employees harmless from any and all liability for all claims for damages due to injuries, including attorney fees and costs, incurred by you or caused to third parties by you, arising out of the fitness and diet plans discussed on this website, excepting only claims for gross negligence or intentional tort.
YOUR USE OF THE WEBSITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SMART COOKIE SOLUTIONS INC.
YOU HEREBY AGREE THAT, BEFORE USING THE WEBSITE AND SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.
CHANGES TO THIS POLICY
GOVERNING LAW; JURISDICTION AND VENUE
This policy and the use of this Site are governed by the Province of Quebec law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Laval, Quebec. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Laval, Quebec, and shall be governed by and construed in accordance with the laws of the Province of Quebec without regard to its conflict of law principles.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE WILL BE THE PROVINCIAL AND FEDERAL COURTS IN OR NEAR LAVAL, QUEBEC. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Laval, Quebec, under the rules of the Canadian Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Goutandyou.com is controlled, operated and administered entirely within Quebec, Canada. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
This Agreement constitutes the entire agreement between Smart Cookie Solutions Inc. and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Smart Cookie Solutions Inc. or by the unilateral amendment of this Agreement by Smart Cookie Solutions Inc. and by the posting by Smart Cookie Solutions Inc. of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Smart Cookie Solutions Inc. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Smart Cookie Solutions Inc. are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Smart Cookie Solutions Inc. and Smart Cookie Solutions’ licensors and suppliers, and would therefore entitle Smart Cookie Solutions Inc. or Smart Cookie Solutions’ licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Smart Cookie Solutions Inc. shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Smart Cookie Solutions Inc. You agree that any notice received from Smart Cookie Solutions Inc. electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SMART COOKIE SOLUTIONS INC. IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY SMART COOKIE SOLUTIONS INC. OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Smart Cookie Solutions Inc. by means of: mail, postage prepaid, to Smart Cookie Solutions Inc., 1572 Hebert suite 100, Laval, Quebec, H7V 3L7.
You are entitled to view, amend, or delete the personal information that we hold. Email your request to our data protection officer Spiro Koulouris at [email protected]
We can be reached by contacting:
C/O Smart Cookie Solutions Inc.
1572 Hebert, suite 100
Laval, QC, H7V 3L7
Email Us: info(a)goutandyou.com