Legal

TERMS AND CONDITIONS

Health Terms Fertility Works located at www.fertilityworks.com (‘the website’) is not a medical company, business or organization. This website provides information with respect to healthy living, recipes, nutrition and diet and is intended for informational purposes only. Nothing contained on the website or sent via email should be considered medical advice.

Fertility Works encourages you to consult with a doctor before using this website. Any information generated, produced or disseminated by Fertility Works should not and cannot be held as a substitute for a consultation, evaluation, or treatment by a doctor. Always seek the advice of your doctor or other qualified healthcare provider with any questions you have regarding diet or nutrition programs. Do not disregard or delay medical advice because of something you have read on this website.

Terms and Conditions

Your access to and use of this website is subject to legally binding terms and conditions. Carefully read the following terms and conditions before accessing or using this website. Your accessing or use of this website indicates your acceptance of the following terms and conditions and your agreement to be bound by them. The following terms and conditions form a binding agreement (“Agreement”) between you, Fertility Works and all of its properties. We may change these terms and conditions at any time without advance notice. Changed terms will become effective once posted on this website. Your continued use of

this website after any change means you have accepted the changed terms and conditions.

 All references to money amounts in this agreement, unless otherwise specified, are in Canadian dollars.

1) Canadian Copyright Law Copyright protection is automatic in Canada. A work need not be registered with the Canadian Copyright Office nor does it have to be marked with a © to indicate that it is copyright protected.

a) Restricted Uses Unauthorized copying or commercial publication or exploitation of text, images, audio and video clips and other content of this website is prohibited. Anyone wishing to use any text, images, audio and video clips and other content for commercial use, publication, or any purpose other than fair dealing as defined by Canadian law, must request and receive prior written permission from Fertility Works.

b) Links to Third Party Websites This website contains links to third party websites that are not under the control of Fertility Works and the company is not responsible for the contents of any linked website. Note that a small commission may be paid in return for your purchases on these sites.

c) Entire Agreement These terms and conditions and any other legal notices, policies and guidelines of constitute the entire Agreement between you and Fertility Works relating to your use of this website and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.

d) Termination of Access You agree that Fertility Works, in its sole discretion, may suspend or terminate your password, account, or use of the services and remove and discard any user postings at its convenience or for any reason, including without limitation if we believe you have violated or may

violate these Terms and Conditions. You agree that any suspension and/or termination of your access to this site or use of the services may be effected without prior notice and that Fertility Works will not be liable to you or to any other person as a result of any such suspension or termination.

e) Limitation of Liability and Indemnity In no event will Fertility Works or its affiliates by liable for any direct, special, indirect, incidental, consequential, punitive or exemplary, damages of any kind or subject to equitable or injunctive remedies whether based on breach of contract, tort, negligence, strict liability or otherwise, arising out of access to, or use of this website, or delay or inability to use this website, or any information contained in this website. As a condition of your use of this website, you agree to indemnify Fertility Works and its affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this website, including without limitation any claims alleging facts that, if true, would constitute a breach by you of these terms and conditions.

2) PRIVACY POLICY

a) Personal Information Protection and Privacy We are committed to protecting your privacy and any personal information we collect. The purpose of this Privacy Policy is to inform you about what personal information we collect and how and why we collect it, to outline the steps we take to keep your personal information confidential and to provide you with contact information for Fertility Works should you have questions or concerns about our personal information protection practices.

b) What is personal information? “Personal information” is personally identifiable information such as your name, residential address and e-mail address and includes information about your purchases and billing history.

c) What type of personal information does Fertility Works collect? Fertility Works collects various types of personal information. We may collect any of the following:

i) Your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date, when you purchase products or services from us or products online. We may also obtain some or all of this information when create a user account. By purchasing a product or service from us you consent to have your email address added to the mailing list with the purpose of updating you on your purchase, delivering virtual products, informing you of upcoming news, events, updates, promotions and contests.

ii) Personal information you provide to us when you participate in any of our events. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information.

iii) Personal information you provide to us when you participate in any of our on-line programs, other meeting spaces, blogs or forums. This personal information might include your name, profession, e-mail address, phone number, photograph, answers to specific questions, password and computer information. The personal information you provide to us when participating in our online programs, meeting spaces, blogs or forums may be used for marketing purposes.

iv) Personal information you provide to us when you participate in one of our contests, sweepstakes or surveys. This information may include your name, email address and street address, and the answers to survey questions. The personal information you provide to us when participating in these promotions, surveys and contests may be used for marketing purposes. v) Personal information you provide to us when subscribing to our newsletters or emails or when you use our website, including, but not

limited, to when you created a profile at www.nutrilicious.ca or on Facebook. This personal information might include your name, billing/shipping address, email address, telephone number, and credit card information, including card number, card type, cardholder name and expiration date.

vi) Your personal information from our business partners and other third parties provided they have agreed to obtain your consent before disclosing your personal information to us.

vii) Certain technical information from your computer each time you request a page during a visit to our website www.nutrilicious.ca. This information is collected from your computer’s web browser to enhance your experience on our website and may include your IP address, operating system, web browser software, screen resolution, and referrer website.

d) How is personal information collected? We collect personal information that is voluntarily provided to us by our customers, members, sponsors, website users and the public in general when they contact us via telephone, email, web browser, or in person. As mentioned above, we may also collect personal information from our business partners and other third parties who have agreed to obtain the consent of the person the information pertains to before disclosing the information to us. Fertility Works may also collect personal information through the following means:

i) A cookie is a piece of data stored on a web site user’s computer hard drive containing information about the user. When someone signs in at our web site, we record their Member ID and name on the member account in a cookie file on their computer. We may also record their password in this cookie file if they checked the box entitled “Save this password for automatic sign-in.” The user’s Member ID, password, and the name on their member account is stored in the cookie file as encrypted data, to prevent unauthorized persons from viewing the information it contains. Cookies automatically delete this information

from our computer storage system after 30 days, but permanent cookie files remain on the user’s computer’s hard drive until they manually delete the file. Fertility Works can use cookies to deliver content specific to your interests and to save your password so you don’t have to re-enter it each time you visit our website. Cookies, by themselves, cannot be used to disclose your individual identity. A cookie will identify your browser, but not you, to our computer servers when you visit our website. Most browsers are initially set up to accept cookies, but you can set your browsers to refuse cookies. However, if you do not accept cookies, you may be limited in some areas of our website.

ii) Web beacons. To assess the effectiveness of promotional and marketing e-mails we send, we may attach a web beacon to the email that provides us with confirmation when the recipient opens the e-mail. This only occurs if the recipient’s computer supports such technology.

e) Why does Fertility Works collect your Personal Information (not all of these options may be in place all the time)? We may collect personal information about you and use it for the following reasons:

i) To provide products and services to you, to inform you of changes and other relevant information pertaining to your purchase, to bill you when you make a purchase from us, to acknowledge your support and to provide that information to the Canada Revenue Agency and to contact you when necessary for these purposes.

ii) To provide you with services or recognition you request.

iii) When you register a Fertility Works user account we use your information to create and manage your membership.

iv) For marketing purposes. We may use your contact information to send you emails about promotions, surveys, contests and special events or providing other marketing information to you. Promotional

e-mails are intended to inform you of new or unique opportunities, events or special deals that are available from Fertility Works. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an e-mail that includes your e-mail address and a request that you not receive our promotional e-mails.

v) To improve the quality of your visit to our web site. We use electronic information such as “cookies” to improve your use of our website. We collect certain information (e.g., purchasing trends) based on your navigation of our website to better understand and serve our customers, members and website visitors. This data allows us to streamline your ability to navigate our website and develop featured programs and content that will be of interest to our customers and members and website visitors.

vi) To improve our service offerings. We monitor and analyze the use of our service offerings in order to determine which services are popular and useful to our customers, members and website visitors so that we can improve them.

vii) To better understand your interests. Fertility Works may also prepare aggregated user statistics or information summaries to describe our services and their popularity to our business partners and prospective advertisers and for other lawful purposes. The aggregated user statistics and information will not contain any personally identifiable information.

viii) To provide a secure and safe environment for our visitors and employees.

ix) To co-operate with law enforcement and to protect against violations of criminal or civil laws.

x) We may use your personal information to respond when you submit a question or suggestion to us, or when you request assistance with your membership, viewing your purchase(s), logging on to www.fertilityworks.com or accessing your account from our website.

3) THE DISCLOSURE OF PERSONAL INFORMATION Fertility Works takes your privacy very seriously and will never or rent any personal information we collect. Fertility Works may disclose some personal information we collect to service providers who help us provide personalized content and advertising to you.

4) HOW KAREN GILMAN HOLISTIC NUTRITIONIST PROTECTS YOUR PRIVACY Fertility Works is committed to protecting your privacy. Security measures, such as locked filing cabinets, restricted access and the use of passwords and encryption have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Our employees have been trained to respect your privacy at all times. Our employees who have access to your personal information are required to use it strictly in accordance with our Privacy Policy and applicable laws.

Fertility Works will keep your personal information only as long as it remains necessary or relevant for the purposes set out in this Privacy Policy or as required by law. There are several places throughout the website that may link you to other web sites that do not operate under Fertility Works’ Privacy Policy. When you click through to these web sites, Fertility Works’ Privacy Policy no longer applies. We recommend that you examine the privacy statements of any third-party websites you visit to understand their procedures for collecting, using, and disclosing your information. Fertility Works makes no promises, warranties or representations about these third party websites and bears no liability whatsoever for your use of them. The internet is, by nature, inherently open and subject to interception of information. We cannot guarantee that information you provide to us over the

internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of our control.

5) YOUR CONSENT By choosing to provide us with your personal information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law. Fertility Works encourages you to review our on-line Privacy Policy on a periodic basis. This Privacy Policy may be updated from time-to-time and your subsequent use of the website will be your consent to the collection, use and disclosure of your information as set out in this Privacy Policy.

If you don’t want Fertility Works to collect, use or disclose your personal information as outlined in this Privacy Policy, please tell us at the time the information is requested or collected.

6) VERIFYING AND AMENDING YOUR PERSONAL INFORMATION Fertility Works tries to ensure that all personal information about you that is in our possession is accurate, complete and up-to-date. To enable us to do so, please inform the person to whom you provided your personal information of any change to that information. You can inquire about, access and review your personal information held by Fertility Works and make corrections to it. Please inform us by sending an email to fertilityworks.com@gmail.com for assistance with these matters. In some cases Fertility Works will be prevented from disclosing the requested information to you. If any request you make for access to personal information is denied, we will provide you with an explanation.

7) RESOLVING YOUR CONCERNS If you have any questions or concerns about Fertility Works’

personal information collection, use and disclosure practices, please let us know and we will do our best to help you.

STORE POLICIES AND PROCEDURES TERMS OF SALE All digital products, services, gift cards, online programs, workshops and event tickets are final sale. Please carefully read all of the information available and contact us if you have any questions.

1) RETURNS, REFUNDS AND EXCHANGES POLICY

1. a) Returns Non-returnable items: Digital products, services, gift cards, online programs, workshops and event tickets.