SKLPT Mind Your Body
Terms of Service
1) Introduction
- “SKLPT” means SKLPT Inc. (CN 1179020-0);
- “Site” means the website with the address sklptyourbody.com including all landing pages and subpages of the website;
- “We” refers to SKLPT; and
- “You” refers to a Customer;
2) Overview
- These terms and conditions apply to the provision of Group Coaching Programs (“the Group Program”) by SKLP Inc., trading as SKLP Mind Your Body
(“the Provider”, “We”, “Us”, “Our”) whose registered office is at 893 Yonge St 1st Floor, Toronto Ontario M4W 2H2 to the purchaser of the Online Workshop
(“You ”).
- Your purchase and use of the Group Program are subject to these Terms and Conditions and you are deemed to have accepted them when you purchase the Group Program, unless we expressly agree in writing otherwise.
- These Terms and Conditions (including the Schedule) along with our Privacy Notice and Website Terms of Use (which can be viewed in the footer of sklptyourlife.com represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous workshop of dealings. To avoid doubt, these Group Program Terms and Conditions shall take priority over any other documents if a conflict arises.
- By purchasing the Group Program and accepting these Terms and Conditions you are agreeing that you are over The Group Program is not intended for use by anyone under the age of 18.
3) The Group Program
- We shall deliver the Group Program with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content of the Group Program is of satisfactory quality, fit for purpose, and as described.
- We agree to comply with all relevant regulations, guidance, standards, and codes of conduct that apply or are relevant to the provision of the Group Program.
- We shall deliver the Group Program by the details set out in Schedule 1.
- We shall use our reasonable endeavors to deliver the Group Program within the timescale as set out in Schedule 1, however, time shall not be of the essence for delivery.
- In delivering the Group Program, we may engage the services of our employees, contractors, and other third-party providers as we deem necessary.
- We shall use our reasonable endeavors to ensure that all descriptions of the Group Program correspond to the Group Program that you will have access to.
- Whilst we shall make every effort to deliver the Group Program by the details as set out in Schedule 1, we reserve the right to amend, revise, or make changes to the Group Program or cancel, amend, change, or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Group Program still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Group Program which means that the original description is We shall not be liable for any changes or cancellations that are made to the Group Program.
- When you purchase the Group Program from us, we may provide you with materials, information, videos, resources, data, and other content. By completing your purchase, you agree and accept that all such material remains our confidential and proprietary intellectual property belong solely and exclusively to us, and can only be used by you in connection with your use of the Group Program and should not be copied, disclosed, or used for any commercial reasons without our express
- Any information, support, and guidance we provide to you is not personal to you and should not be taken or relied upon as advice, guidance, or information personal to your situation or circumstances.
- Where the Group Program purchased includes interactive or live sessions via video link or telephone
(“The Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason. - The Group Program is provided on an ‘as-is’ and ‘as-available’ basis. From time to time we may be required to undertake changes or amendments to the Group Program or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Group Program or our systems or processes which is caused due to routine or unexpected maintenance.
4) Your Obligations
- You agree to provide us with all necessary information we require to deliver the Group Program to
- We shall not be liable for any delay in the delivery of the Group Program caused by your failure to comply, or delay in complying, with any of the provisions in this Section.
- Your order and purchase of the Group Program are personal to On this basis you accept and agree that you will not share or disclose your access to the Online Workshop, or your password to any private area, with any third party, or sell, license or otherwise assign your rights to this Online Workshop.
- We respect your privacy and confidentiality and we ask that you respect the privacy of other group members or individuals accessing the Group Program
(“Clients”) . Where the Group Program includes group sessions, access to a private Facebook group or other private group or members area, you agree:
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- to act reasonably and responsibly at all times when accessing the private groups or areas or during any group Sessions and not to act in a manner which may cause offense, distress, or alarm to any other Clients; and
- not to canvass, promote, or advertise your products or services to any of our employees, contractors, or Clients, or use your participation in the Group Program or access to the Group Program to canvass, promote or advertise your products or services without our express consent.
- not to record sessions, for your personal use or otherwise;
- not to share information, whether expressed to be confidential or not, that is shared by another Client;
- not to capture or share images of any other Client or that include any other Client without that Client’s express
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- In the event you have any concerns as to any aspect of our delivery of the Group Program then you agree to notify us of such concerns by email to info@sklptyourlife.com as soon as possible. We agree that upon receipt of such notification by email, we shall use reasonable efforts to work with you to resolve your concerns.
- If you experience a fault with the Group Program, please let us know immediately by emailing info@sklptyourlife.com.
We shall use our best endeavors to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund.
- In the event you refuse or fail to comply with this Clause 3 then we shall be entitled to terminate your access to the Group Program and any associated Sessions, groups, or member areas.
- We provide the correct information to set up your access to the private area or create your account, and here the Group Program includes access to a private area, and/or you are required to set up an account it shall be your responsibility to:
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- keep your password or any other access information private, safe, and secure; and
- to notify us should you become aware of, or suspect that a third party is aware of your password or access
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- When accessing the Online Workshop and/ or our membership or account areas you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.
5) Placing an Order
- Your order and purchase of the Group Program is a contractual offer that we may, at our sole discretion, accept. After making your order and making payment you will receive a payment notification.
- The payment notification is not our acceptance of your Our acceptance is indicated when we send your welcome email
- (“Welcome Email”) and a legally binding agreement between us will be formed once we send the Confirmation
- When you place an order to purchase the Group Program you will be required to acknowledge that you wish access to the Group Program to be provided to you immediately and that you acknowledge and agree that you will lose your legal right to change your mind and cancel this agreement.
- In the event we are unable to fulfill your order and deliver the Group Program we shall notify you by email and provide you with a full refund of the Fee paid.
6) Fees and Charges
- The cost for the Group Program (“the Workshop Fee ”) is as set out in Schedule
- The Workshop Fee shall be paid by you in CAD by card payment via Stripe and is inclusive of HST and any other taxes that may apply.
- Any deposit payable shall be non-refundable unless we fail to deliver the Group Program because of our fault or
- Time shall be of the essence in respect of the payment of the Group Program, any installment of the Group Program, and/or any deposit.
- Payment of the Workshop Fee shall be made without deduction, set off, or any form of withholding except as is required by
- Cleared payment of the Workshop Fee must be received by us before you are entitled to access the Group
- Where you wish to make payment of the Fee by credit or debit card then you authorize us to charge your debit or credit card to obtain payment of the Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Group Program then you agree to be responsible for payment of the Fee within 7 days from access to the Group Program being provided.
- We reserve the right to vary the amount of the Workshop Fee at any
7) Late Payment
- You are responsible for ensuring that payment of the Workshop Fee or any installment of the Workshop Fee (if applicable) is paid in full and on time following the payment terms set out in Schedule 1.
- If payment of the Workshop Fee or any installment of the Workshop Fee is beyond 7 days overdue, then we shall be entitled to any or all of the following remedies:
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- to withhold delivery of the Group Program or access to any associated Sessions, groups, or resources until payment has been made in respect of the outstanding amount;
- to apply a fixed sum charge of $50 to your account;
- to remove you from any groups, membership areas, or similar resources that have been provided as part of the Group Program.
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- In the event your account is beyond 30 days overdue we shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with any late payment fee and any accrued costs incurred in taking such action.
8) Refund Policy
- No refund policy shall apply to your purchase of the Group
9) Cancellation and Termination
- You shall have the right to cancel your access to the Group Program by providing notice to us by email to info@sklptyourlife.com . Per Clause 6, despite cancellation, no refunds will apply.
- Upon cancellation or termination according to these terms and conditions, all payments in respect of the Workshop Fee shall become immediately due and payable.
- For the safety, protection, and benefit of our Clients, we reserve the right to cancel your access to any of the services provided as part of our Group Programs at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered wholly at our discretion.
- We reserve our right to terminate your access to the Group Program and any associated Sessions, groups, or resources, with immediate effect, and without refund, if you:
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- commit a material breach of your obligations under these Terms and Conditions; or
- fail to provide payment of any amount due in respect of the Workshop Fee as and when it becomes due.
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- We shall be entitled to limit the Group Program or suspend, and/or terminate the arrangement without refund of any Workshop Fee, whether paid or remaining due and payable if we reasonably determine that you are:
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- becoming disengaged, disruptive, or if you impair the provision of the Group Program or the enjoyment of the Group Program by any of our For this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behavior shall include, but not be limited to, displaying a lack of interest in the Group Program, failing to respond positively to requests for further information or other contacts, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to offend; and/or
- failing to follow or abide by any of the terms set out within this document or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
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- Upon termination of this arrangement for any reason:
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- all clauses which either expressly or by their nature relate to the period after the delivery of the Online Workshop or expiry or termination of the same shall remain in full force and effect; and you shall cease to use, either directly or indirectly any Confidential Information received as part of the Online Workshop, and shall immediately return to us or destroy any documents, materials, or resources in your possession or control which contain a record of any Confidential Information.
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10) Confidentiality, Intellectual Property, and Data Protection
- To benefit fully from the Group Program you accept that in some cases you may be encouraged to disclose Personal Data and/or Confidential We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our purposes, your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively,
- “Confidential information” that you may disclose to us or that may be disclosed as part of the delivery of the Group
- Confidential Information for this Agreement excludes any information that:
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- was already known to us before being provided with that information by you;
- is already accessible in the public domain;
- is produced, developed, or collated by us independently of you and without any breach of the terms of this provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
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- When you purchase the Group Program, we shall grant you a personal, limited, non-exclusive, non-transferable, revocable license to access, view, and use any materials and resources provided as part of the Group Program solely for your personal, individual, and/or business purposes and for the purposes intended by this Agreement. All other uses are strictly prohibited.
- Any information or data that you provide to us in connection with your purchase of the Group Program or these Terms and Conditions, including Confidential Information, will be maintained by us and stored, accessed, and processed by recognized data protection legislation and we shall only process data to the extent reasonably required to enable proper delivery of the Group Program as purchased by you.
- All documentation and information disclosed to us in connection with your purchase of the Group Program will be retained in accordance with relevant retention guidance for no less than 6 years.
- We agree not to disclose any Personal Data to any third party other than our employees, agents, or advisors and shall ensure that any such persons agree to process the data in compliance with the relevant data protection legislation, as required by a relevant court or other form of legal or statutory order requiring disclosure by us.
- We confirm that we have put in place reasonable technical and organizational processes and measures to ensure the safety and security of any Personal Data processed by us on your For further details as to how your Personal Data will be processed, please refer to our Privacy Policy held on our website at www.sklptyourlife.com.
- By purchasing the Group Program you hereby agree and undertake that from the date of purchase:
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- not to infringe any of our, or our Clients’ copyrights, patents, trademarks, trade secrets, or other intellectual property rights;
- that any Confidential Information disclosed by us, or our Clients is confidential and proprietary, and belongs solely and exclusively to us or the Client disclosing it.
- not to disclose such Confidential Information to any other person or use it in any manner other than during Sessions or as otherwise expected as part of the provision of the Online Workshop;
- that all materials, resources, information, and any data provided by us or our Clients, is that person’s confidential and proprietary intellectual property and belongs solely and exclusively to them, and may only be used by you as expressly authorized by us or our Clients; and the reproduction, distribution, broadcasting, transmission and/or sale of any information, resources or materials provided during provision of the Group Program or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of their obligations contained in this Agreement then damages, loss, or irreparable harm may arise and that in such circumstances we will be entitled to seek relief, including injunctive relief against you.
- In respect of the Group Program to be provided under this Agreement we both agree that to any information, whether confidential or not, that is shared between us we shall both be individually responsible for complying with all relevant data protection laws and legislation and agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorized processing.
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- In the event you choose to share comments, information, content, photos, graphics, or images (“Content”) with us then in doing so you are granting to us, free of charge, permission to use your Content in any way as part of our business services. Such uses shall include advertising and marketing.
- Where you choose to share your Content with us as defined above, you confirm that you have the legal right to share that
- Content and that it does not infringe any third party’s intellectual property or other
- Where you provide us with a testimonial, review, or similar information (“Review”) than in doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
- The provisions of this Clause 8 shall continue in force notwithstanding the termination of our arrangement for any
11) Liability
- Your purchase of the Group Program and compliance with these Terms does not constitute or imply any business relationship other than as set out within this Agreement.
- We have made every effort to accurately represent the Group Program. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results and we make no guarantee, representation or warranty with respect to any of the Group Programs that we provide.
- We do not warrant or guarantee that your access to the Group Program will be:
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- accessible via your particular hardware or software;
- free from interruptions or errors;
- free from defects;
- suitable for your particular personal circumstances, business situation
- we shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
- any indirect, consequential or special damages, losses or costs;
- any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
- any failure to deliver the Group Program where we are prevented due to a reason beyond our reasonable control; or
- any losses arising from your choice of Group Program requested or your use of the Group Program
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- In the event you incur damages as a result of our failure to exercise reasonable skill and care, our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Workshop Fee paid by you as at the time the loss is You agree and acknowledge that this clause 9.5 is fair and reasonable given the nature of this Agreement and the provision of the Group Program.
- We shall not be liable where we have informed you of a problem with the Group Program and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
- Nothing in this Agreement seeks to excuse or limit your legal rights as a
- Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
- During the term of this Agreement and at any time thereafter, you agree to take no action which is intended or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to us, our agents, employees, contractors, or Clients.
- In the event a dispute arises in connection with this Agreement and the provision of the Group Program which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either Party shall be at liberty to commence legal action.
- You agree that you have adequate Insurance coverage to meet any liabilities that may arise in connection with this
12) General
- The failure of either of us to actively enforce any provision of this Agreement shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
- In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- Every effort will be made to deliver the Group Program in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Group Program should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”) , including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, or any other circumstances beyond our control. Should an Event occur then the time of delivery of the Group Program shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Group Program, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
- Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.
- Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring before termination. Any refunds will be considered at our discretion.
- This Agreement shall be governed by the exclusive jurisdiction of the Courts of Ontario Canada and the laws from time to time in
- You agree that no other representations have been made by us to induce you into purchasing the Online Workshop and no modification or variation to this Agreement shall be effective unless in writing and signed by us both.
13) Schedule 1: SKLPT Mind Your Body Workshop details
- These supplemental terms and conditions shall apply in addition to the terms and conditions set out
- The SKLPT MIND YOUR BODY Program is a group coaching program
- Subject to the payment terms being met, the Group Program shall be delivered as follows:
- 12 x 1hr group coaching sessions via Zoom video conferencing, delivered over 12 separate weeks, typically consecutive weeks unless otherwise communicated.
- Recordings of the group coaching sessions are available in an online learning area which the client will have access
- PDF workbooks for downloading from the learning
- Access to online workouts throughout the 12-week program
- Nutrition guidance, sustainable meal plan, and recipe guide tailored to your lifestyle and goals
- 6 months of access to the recordings and downloadable materials following the completion of the Group
- Access to administrative support via email between the hours of 9am–5pm ESST, Monday-Friday
- The date and time of each Session will be confirmed by us by email no later than 24 hours before the start time of the
- In the event we are unable to attend a scheduled Session then we shall make all reasonable attempts to provide you with as much notice as possible and shall make reasonable attempts to reschedule the Session to a mutually convenient time.
14) Workshop Fee
- The Fee for the Group Program is $950 +HST = $1,073.50 CAD.
- Once the complete fee has been received by us in cleared funds you will receive access to the Group Program.
15) Your Obligations
- It shall be your responsibility to check the date and time of each Session and to attend the Session at the agreed
- You accept that since the Sessions are all group sessions, should you be unable to attend or fail to attend a scheduled Session, then you shall forfeit the right to that Session. Sessions will not be rescheduled if you are unable to attend.
- You accept that purchasing the Group Program does not establish any form of legal business relationship and that we are only liable to you in respect of the services provided and to the extent as set out herein.
- You accept that as part of your participation in the Group Program, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development, and health and wellness and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to the Group Program or any other Services provided by us.
- You accept that access to the Group Program is not a substitute for counseling or other therapy services. If you are undergoing medical or other professional help concerning your mental health then you should inform your practitioner of your intention to access the Group Program and the extent of the services being provided and inform us if appropriate and relevant.
- You accept that it is your responsibility to attend the Sessions as agreed and during such Sessions to participate fully and communicate openly and honestly.
- You agree to behave in a reasonable and responsible manner at all times during Sessions and not to act in a manner that may cause offense, distress, or alarm to any other Client (or any other individual who is a member of any of our affiliated networks and/or any of our groups which you have access to).
- In the event you are deemed by us to have acted or be acting in a way that is disruptive, or which causes offense, distress, or alarm, to any of our clients, then you will be excluded from the Session and /or removed from any or all of the supporting online platforms in place for any of the Services provided by us. Following such removal and exclusion, we shall arrange a meeting with you to discuss the matter and to determine whether you will be removed and/or excluded Such decision is to be at our absolute discretion.
- You accept and understand that purchasing the Group Program does not guarantee results. As part of the Group Program, you will have access to information, resources, people and support all designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.
- You agree that during your access to the Group Program, and for a period of 24 months afterward, you shall not solicit any of our clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
- You agree that for the duration of your time within which you access our Services, and for 24 months afterward, you will not employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the period of the Accreditation Program, or any other Services, without our express consent in writing, such consent not to be unreasonably withheld.
- You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard any of these Terms and Conditions; your participation in any way in any of our
16) Disclaimers
- None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.
- We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems, or if you are pregnant.
- Dietary Requirements
- The Nutrition Guidelines and The SKLPT Recipe Guide are not formulated to suit any nutrient deficiencies, allergies, or any other food-related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
- The Nutrition Guidelines and The SKLPT Recipe Guide are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing the Nutrition Guidelines and/or the SKLPT Recipe Guide.
18) Your Physical Health
- If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain, or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
- The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
- You must be in good physical condition before using any of our Products whether tangible or intangible.
- Before using our Product you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
- Subject to any rights granted by Canadian Consumer Law, you agree to discharge SKLPT of all liability for any and all claims and causes of injury including for any and all injury, loss, or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the Province where negligent or otherwise.
19) Indemnity
- You agree to indemnify us on a full indemnity basis, from any and all third-party claims, liabilities, and expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
- You agree to indemnify us from any claim, liability, or expense arising from an injury or health problem that may arise from the use of our Products.
20) Contact Us
- If you have any questions about these Terms or the Services, please contact us at info@sklptyourlife.com.
- SKLPT Inc. is located at
893 Yonge St 1st Floor, Toronto, ON M4W 2H2
Canada
- SKLPT Inc. is located at