Terms of Service

1. Introduction

Welcome to TranquilTide. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years old;
• You have the legal capacity to enter into these Terms;
• You will use our Services in accordance with these Terms;
• You will comply with all applicable laws and regulations when using our Services.

If you are using our Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

3. Account Creation and Security

To access certain features of our Services, you may need to create an account. When you create an account, you agree to:

• Provide accurate and complete information;
• Update your information as necessary to keep it accurate and current;
• Maintain the confidentiality of your password and account;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our discretion without notice if we believe you have violated these Terms.

4. Services and Offerings

TranquilTide offers a variety of mindfulness services, including but not limited to:

• Personal mindfulness coaching and guidance;
• Group mindfulness sessions and retreats;
• Digital content and resources related to mindfulness practices;
• Customized mindfulness programs for individuals and organizations.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without notice or liability.

5. Bookings and Payments

When booking our Services:

• All prices are displayed in Canadian Dollars (CAD) unless otherwise specified;
• Payment is required at the time of booking unless otherwise arranged;
• We accept major credit cards, debit cards, and other payment methods as specified on our website;
• Taxes will be added to the price as required by law;
• Prices are subject to change without notice, but changes will not affect already-confirmed bookings.

For subscription-based services:

• You will be billed on a recurring basis until you cancel your subscription;
• You can cancel your subscription at any time through your account settings or by contacting us;
• No refunds will be provided for partial subscription periods;
• We may offer a free trial period for certain subscription services. If you do not cancel before the end of the trial period, you will be automatically charged for the subscription.

6. Cancellation and Rescheduling Policy

Our cancellation and rescheduling policy is as follows:

• Individual Sessions: Cancellations made more than 48 hours before the scheduled session will receive a full refund. Cancellations made within 48 hours of the scheduled session will be charged 50% of the session fee.
• Group Programs: Cancellations made more than 7 days before the start date will receive a full refund. Cancellations made within 7 days of the start date will be charged 50% of the program fee.
• Retreats: Cancellations made more than 30 days before the retreat will receive a full refund minus a $100 administrative fee. Cancellations made within 30 days of the retreat are non-refundable.
• Rescheduling: Rescheduling requests made more than 48 hours before the scheduled service will be accommodated at no additional cost, subject to availability. Rescheduling requests made within 48 hours may incur a fee.

We reserve the right to cancel or reschedule services due to insufficient enrollment, instructor illness, severe weather, or other circumstances beyond our control. In such cases, you will be offered a full refund or the option to reschedule.

7. User Conduct

When using our Services, you agree not to:

• Violate any applicable law, regulation, or these Terms;
• Infringe upon the rights of others, including their intellectual property rights;
• Use our Services for any illegal, harmful, or unauthorized purpose;
• Transmit any viruses, malware, or other malicious code;
• Interfere with or disrupt the integrity or performance of our Services;
• Collect or harvest any information from our Services without authorization;
• Impersonate any person or entity or misrepresent your affiliation with a person or entity;
• Engage in any activity that would subject us to liability or damage our reputation;
• Attempt to access any portion of our Services that you are not authorized to access;
• Use our Services in any manner that could disable, overburden, damage, or impair our Services.

8. Intellectual Property

All content, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software on our website and in our materials is the property of TranquilTide or its content suppliers and is protected by Canadian and international copyright laws.

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our Services;
• Use any content for commercial purposes without our express written consent;
• Remove any copyright, trademark, or other proprietary notices from any content;
• Frame or mirror any part of our website without our prior written authorization.

TranquilTide and related logos, product and service names are trademarks of TranquilTide (the "TranquilTide Marks"). You may not use the TranquilTide Marks without our prior written permission.

9. User Content

You may have the opportunity to submit reviews, comments, suggestions, ideas, questions, or other content ("User Content") through our Services. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that:

• You own or control all rights to the User Content you submit;
• The User Content is accurate and not misleading;
• The User Content does not violate these Terms, our Privacy Policy, or any applicable law;
• The User Content will not cause injury to any person or entity.

We reserve the right to remove any User Content at our sole discretion.

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We also use cookies and similar technologies on our website. For more information about our use of cookies, please see our Cookie Policy.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRANQUILTIDE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES;
• ANY CONTENT OBTAINED FROM OUR SERVICES;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
• ANY OTHER MATTER RELATING TO OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

13. Health Disclaimer

TranquilTide provides mindfulness and wellness services that are not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Never disregard professional medical advice or delay in seeking it because of something you have read, heard, or experienced through our Services. If you think you may have a medical emergency, call your doctor or emergency services immediately.

By using our Services, you acknowledge and agree that:

• Mindfulness practices may not be suitable for everyone;
• Results from mindfulness practices vary from person to person;
• You are responsible for consulting with a healthcare professional before beginning any mindfulness practice that may affect your physical or mental health;
• You will discontinue any practice that causes you discomfort or distress and seek appropriate medical advice.

14. Indemnification

You agree to indemnify, defend, and hold harmless TranquilTide, its affiliates, officers, directors, employees, agents, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your use of our Services;
• Your violation of these Terms;
• Your violation of any rights of another;
• Your User Content.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

15. Third-Party Content and Services

Our Services may contain links to third-party websites, resources, and services. These links are provided for your convenience only. We have no control over the contents of those websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

If you access any third-party website, resource, or service through our Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve TranquilTide from any and all liability arising from your use of any third-party website, resource, or service.

16. Term and Termination

These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of our Services and closing your account.

We may terminate or suspend your access to our Services, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or our Services shall be resolved through:

1. Informal negotiation - We encourage you to contact us first to try to resolve any disputes amicably;
2. Mediation - If informal negotiation is unsuccessful, the parties agree to mediation in Vancouver, British Columbia, in accordance with the rules of the British Columbia International Commercial Arbitration Centre;
3. Arbitration - If mediation is unsuccessful, the dispute shall be settled by binding arbitration in Vancouver, British Columbia, in accordance with the rules of the British Columbia International Commercial Arbitration Centre.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Limitation Period

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. Waiver

No waiver by TranquilTide of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by TranquilTide to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

The rights and remedies provided under these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TranquilTide's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void.

TranquilTide may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

21. Force Majeure

TranquilTide shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, or power failures.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

23. Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. No person or entity not a party to these Terms shall have any right to enforce any term of these Terms.

24. Language

The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

25. Changes to These Terms

We may revise these Terms at any time by posting an updated version on our website. Your continued use of our Services after any changes to the Terms constitutes your acceptance of the revised Terms.

It is your responsibility to check our website periodically for changes to these Terms. If we make material changes to these Terms, we will provide notice through our website or by other means.

26. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and TranquilTide regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

27. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

TranquilTide
1245 Serenity Way
Vancouver, BC V6E 1X8
Canada
Email: [email protected]
Phone: +1 (604) 675-8732