Welcome to the Medicine Song Woman Creations web site located at “www.medicinesongwoman.com” (this “Site”), which is owned by Brenda MacIntyre. Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers and a choice of Canadian law.
CONTENT MANAGEMENT
All contents of this Site are: ©2021 Medicine Song Woman Creations. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, music, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under Canadian copyright laws (collectively, the “Content”).
Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Brenda MacIntyre.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent of Brenda MacIntyre. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Medicine Song Woman Creations’ intellectual property rights.
EXTERNAL LINKS
As a convenience to you, Medicine Song Woman may provide links to web sites and access to content, products and services of third parties, including without limitation, Medicine Song Woman affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.
Medicine Song Woman does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Medicine Song Woman or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
PRIVACY STATEMENT
We are committed to protecting your privacy. Authorized employees within Medicine Song Woman Creations on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Your use of the Website is also subject to the Medicine Song Woman Creations Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Medicine Song Woman Creations Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Refund and Return Policy
To the extent that you purchase any physical goods directly from us, we do not do returns or refunds but we will happily replace items that have pre-existing defects or damages, within thirty (30) days of you notifying us in writing of your desire for the product to be replaced, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. Please email us at brenda@medicinesongwoman.com within 30 days of your purchase date if you’d like to request a replacement for a physical product.
For online membership services or downloadable digital products, we do not accept returns or offer refunds. We do, however, make every effort to ensure that our digital products and services are in working order. If technical errors prevent you from receiving the online goods or services you have purchased, email techva@medicinesongwoman.com and we will help you resolve the issue in a timely manner.
We understand there are special circumstances that may prevent you from adhering to your original purchase agreement or payment plan. In that case, you must contact Brenda MacIntyre in writing, where you may then be approved to re-evaluate your payment plan. These requests must be made within 30 days of submitting payment.
By purchasing a product or service from us, you are indicating your agreement to these terms laid out in this policy.
Event Cancellation Policy
We understand that circumstances may prevent you from attending an event for which you have registered through our website. If you are unable to attend, you may send a substitute in your place, defer your registration to another event, or request a refund. All changes to the original registration are subject to a $5-75 administrative fee, depending on the scale of the event and how many days away from the event you cancel. Requests for refunds or deferral to a future event must be made by email no later than 7 business days before the event. No refunds will be provided within 7 days of the event. The name of a substitute may be provided until 2 business days before the workshop.
If we cancel one of our own events for which you have registered, you will receive a full refund.
Installment Payment Policy
We reserve the right to remove access to all groups, programs and materials should any automatic monthly payments decline.
Membership Eligibility, Registration, and Recurring Fees
To use our online membership services or receive downloadable digital products, you must register with one of our Websites to become a Member. Your Membership is not transferrable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.
Any registration by, use of or access to one of our Websites by anyone under such, is unauthorized, unlicensed and in violation of these Terms and Conditions. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Medicine Song Woman Creations has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access the online services for which you have registered. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Shipping Policy
Please be assured that your items will ship out within 5 business days of purchase. We use Canada Post for all shipping. If you wish to estimate when a package will be delivered, please note the following: Your full payment (Credit card authorization and verification or PayPal payment or for Canadians, e-transfer) must be received prior to processing. Canada Post deliveries occur Monday through Friday, sometimes Saturday and excluding holidays.
DURING THE PANDEMIC:
Canada Post is putting safety first, so please expect delays, even within Canada and locally in Ontario. Add a few extra days to our pre/post-pandemic delivery standards below as a loose guideline only until the pandemic is over.
PRE/POST-PANDEMIC:
If you are a resident of Canada, you should receive your package within 2-10 business days of your purchase. If you are in a rural area or have a post office box, shipping may take longer. We do have tracking for most of our Canadian packages (excluding one-CD packages which go out via letter mail), so we can initiate a trace if your package is taking too long. You will need to email us your request for a trace. If your package includes tracking, you will receive the tracking number directly from Canada Post.
If you are outside Canada, you can expect your package to arrive within 1-5 weeks of us shipping it out. Due to potential customs delays and distance, we cannot guarantee quick delivery. If an item does not arrive within 5 weeks, and we cannot track it, we will send out a replacement immediately upon your written request.
We cannot provide tracking numbers or express shipping outside of Canada without substantially increasing your shipping cost.
If you are a resident outside of Canada and you require express shipping or a tracking number, both are available together for an added cost. Email brenda@medicinesongwoman.com to request express shipping and we will send you an invoice for the added cost. Once your payment is processed, we will send your package out via Purolator or ExpressPost.
At this time all items are shipped from Canada and duty is not collected for overseas orders. Duty, if applicable, is the customer’s responsibility and will be paid directly to the carrier.
Currency
All sales to non-Canadian residents are billed in USD. All sales to Canadian residents are billed in CAD and, as required by law, billed for tax. Tax amount is determined by province.
CONFIDENTIALITY
Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and, if legally required to do so, to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by Medicine Song Woman Creations or Brenda MacIntyre will only be in connection with the provision of agreed services and products.
LIMITATIONS OF LIABILITY
Medicine Song Woman Creations will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
IN NO EVENT SHALL MEDICINE SONG WOMAN CREATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF FULL LEGAL NAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall BUSINESS NAME or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, Brenda MacIntyre’s sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments users of this website leave. We delete comments that don’t adhere to our personal high ethical standards. We strive to delete such comments before they are seen publicly, but in the case that someone claims you are a car thief, for example, you have to sue them, not us.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website Terms and Conditions are reasonable. If you do not think they are reasonable, you must not use this website.
UNENFORCEABLE PROVISIONS
If any provision of this website Terms and Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
GOVERNING LAW
Use of this Site is governed by Ontario, Canada law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or provincial court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
CHANGES TO OUR PRIVACY POLICY AND TERMS OF USE
Medicine Song Woman Creations may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
Medicine Song Woman Creations also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Medicine Song Woman Creations may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Medicine Song Woman Creations will not be liable to you or any third party in the event that Medicine Song Woman Creations exercises their right to modify or terminate access to this Site or portions of this Site.
