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Heaven Sent Lifestyle Management Inc.
612-500 Country Hills Blvd NE #358

Calgary, AB   T3K 5K3

1-888-773-3953

 
 

 

Terms & Conditions and Service Agreement

with Heaven Sent Lifestyle Management Inc.

Effective November 20, 2008

 

BY USING THE SERVICES YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS AS THEY ARE UPDATED OR CHANGED ON HEAVEN SENT LIFESTYLE MANAGEMENT INC’S WEBSITE AT WWW.HEAVENSENT-INC.COM.

Code of Ethics

Heaven Sent Lifestyle Management abides by a strict code of ethics in our service delivery.  

  • We aim to provide excellent customer service at every part of the process, and every interaction
  • Operate with integrity modeled through honesty and fairness
  • We aim to satisfy our customer’s request.  Requests that are unethical, unsafe, debasing, or in anyway illegal will be denied
  • We believe and operate with discretion and confidentiality in matters related to all our customer interactions, requests, and legal activities
  • Employees and representatives of Heaven Sent Lifestyle Management are required to maintain professionalism in appearance, speech, and conduct in every interaction
  • Our billing practice is based on honesty and integrity and will never be used to disadvantage our customers/clients

Protection Clauses

Heaven Sent Lifestyle Management Inc maintains the right to refuse any business it feels is unsafe and unsuitable for its employees.

Heaven Sent Lifestyle Management Inc reserves the right to make all final decisions on services and related costs. No refunds will be given.

Heaven Sent Lifestyle Management Inc takes no responsibility for any damages suffered as a result of using their services. In no event will Heaven Sent Lifestyle Management Inc be liable for any lost revenue, profit or data, or for direct, indirect, special, consequential, incidental or punitive damages, however caused and regardless of the theory of liability, arising out of the use of or inability to use Heaven Sent Lifestyle Management Inc.

In these conditions: “Client” the person, firm, company or organization for whom Heaven Sent Lifestyle Management Inc has agreed to provide the Services in accordance with these conditions; Heaven Sent Lifestyle Management Inc; “Contract” the Contract for the provision of Services which shall be governed by these conditions; “Services” means the Services to be provided by Heaven Sent Lifestyle Management Inc to or for the Client; “Charge” means the Charge payable by the Client to Heaven Sent Lifestyle Management Inc as notified by Heaven Sent Lifestyle Management Inc from time to time.

Heaven Sent Lifestyle Management Inc shall be entitled to alter and vary these conditions from time to time on reasonable written notice to the Client without any liability to the Client.

Telephone calls between Heaven Sent Lifestyle Management Inc and the Client may be recorded and monitored from time to time for training purposes.

The service permits the Client to request from Heaven Sent Lifestyle Management Inc any information or suggestions in relation to any personal needs or desires of the Client (including errands, events, activities, goods and services). Heaven Sent Lifestyle Management Inc reserves the right to refuse to supply Services if, in the opinion of Heaven Sent Lifestyle Management Inc, the Services are to be used by the Client for any immoral or unlawful purpose. Heaven Sent Lifestyle Management Inc’s information and suggestions will be based upon the specific criteria provided to Heaven Sent Lifestyle Management Inc by the Client.

Heaven Sent Lifestyle Management Inc shall inform the Client from time to time of the type and nature of requests with which Heaven Sent Lifestyle Management Inc are accustomed to or capable of dealing but shall not be liable to the Client in the event that a request made of Heaven Sent Lifestyle Management Inc is not capable of fulfillment by them.

Heaven Sent Lifestyle Management Inc shall, within an agreed reasonable period of time, use all its reasonable endeavors to provide information and suggestions in response to the Clients requests. If Heaven Sent Lifestyle Management Inc is unable to deal with any requests, it will inform the Client as soon as reasonably possible.

Membership & Gift Cards

The Heaven Sent Lifestyle Membership & Gift Cards are sold in Alberta under the regulation of the Fair Trade Act.  Effective November 1, 2008, the FTA will:

  • Not allow expiry dates of gift cards that have been purchased and have monetary value;
  • Eliminate inactivity fees, also called dormancy fees, that reduce the value of gift cards the longer they go unredeemed;
  • Prevent businesses from not honouring gift cards for purchases that are more or less than the value of a gift cards; and
  • Require merchants to fully disclose any restrictions on use of gift card on both the actual card and its packaging

This new regulation applies to valid gift cards purchased before, on or after November 1, 2008.

Heaven Sent Lifestyle converts dollar amounts into points for the Membership & Gift Cards at the time of purchase as follows:

  • $100 converts to 12 points
  • $250 converts to 38 points
  • $500 converts to 84 points

The Membership & Gift Cards must be pre-paid and are to be used to purchase services provided by Heaven Sent Lifestyle Management Inc.

Refer to the most current Price List to determine the points required to purchase the required service.  Both Membership & Gift Cards require the same number of points to purchase each service.

Membership & Gifts Cards are not redeemable for cash, and are non-refundable. 

Client Responsibilities

Services provided by Heaven Sent Lifestyle Management Inc are provided expressly for the Clients and the Clients shall not use the Services for any improper, immoral, unlawful or any other purpose other than that for which the Client informs Heaven Sent Lifestyle Management Inc at the time of the initial request.

The Client shall immediately inform Heaven Sent Lifestyle Management Inc of the identity of any third party with whom the Client enters into a Contract or arrangement for sale of goods or supply of Services which result in the provision of Services by Heaven Sent Lifestyle Management Inc and Heaven Sent Lifestyle Management Inc shall be entitled to decline to provide such Services to such party without providing any reason.

If the Client should request that Heaven Sent Lifestyle Management Inc use the Clients credit card and /or other credit facilities for the purpose of rendering Services, the Client shall, promptly and upon request, provide written confirmation of it’s authorization (in such form as Heaven Sent Lifestyle Management Inc shall request) for Heaven Sent Lifestyle Management Inc to use any such credit facility. The Client acknowledges and agrees that Heaven Sent Lifestyle Management Inc shall have no liability or be responsible in any way whatsoever in respect of the use of the Clients credit card and /or other credit card facilities provided that Heaven Sent Lifestyle Management Inc acts in accordance with the instructions issued by the Client in relation thereto.

Termination

When the Client has entered into an agreement of duration longer than one calendar month, Heaven Sent Lifestyle Management Inc and the Client shall be entitled to terminate the Contract for the provision of all or any of the Services on 30 days written notice to the other.

Without prejudice to any other accrued rights and remedies available, Heaven Sent Lifestyle Management Inc shall have the right to terminate the Contract for the provision of all or any of the Services forthwith upon written notice if: The Client commits a serious breach of these conditions or, in the case of a breach capable of remedy, fails to remedy such breach within 7 days of written notice from Heaven Sent Lifestyle Management Inc to so remedy; or The Client goes bankrupt or turns insolvent or makes voluntary arrangement with any of its creditors or has an order made against any of its effects or property.

On termination for any reason whatever, the Client shall immediately make payment to Heaven Sent Lifestyle Management Inc of all and any sums outstanding and owing to Heaven Sent Lifestyle Management Inc under these conditions (including the Charge or any outstanding balance) and Heaven Sent Lifestyle Management Inc shall provide information and suggestions in response to all outstanding requests made by the Client prior to termination.

On termination of the Contract pursuant to above, the Client shall not be entitled to refund of the Charge.

Liability

Heaven Sent Lifestyle Management Inc shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or the Client’s reliance upon the information and suggestions provided by Heaven Sent Lifestyle Management Inc hereunder and the resulting supply of goods and Services to the Client by any third party.

Heaven Sent Lifestyle Management Inc warrants to the Client that Heaven Sent Lifestyle Management Inc shall use all of its reasonable endeavors to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Clients requests and instructions form time to time. Where Heaven Sent Lifestyle Management Inc supply the Client with any goods or Services supplied by a third party, Heaven Sent Lifestyle Management Inc does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or Services and the Client shall be required to seek compensation for any loss or damage suffered from such third party direct. For the avoidance of doubt Heaven Sent Lifestyle Management Inc does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services and the Client is deemed to be responsible for, and shall use its own skill and judgment as to the quality, value and suitability of any such information and suggestions and in relation to deciding whether to enter into any Contract with any third party for the supply of Services or sale of goods.

In no event shall Heaven Sent Lifestyle Management Inc or any of its employees, agents, directors or officers be liable for any injury, loss, claim, damage, costs, expenses or other claims for compensation, or any special, exemplary punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with any use of our site or the Heaven Sent Lifestyle Management Inc services, or anything arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or arising from their late arrival or non arrival, or any other fault of the Client; even if Heaven Sent Lifestyle Management Inc has been advised of the possibility of such damages. If, notwithstanding the above, Heaven Sent Lifestyle Management Inc is found liable for any loss or damage relating to the use of this service, the member must agree that the liability will in no event exceed the fee or charge assessed by Heaven Sent Lifestyle Management Inc in connection with the member's membership.

Heaven Sent Lifestyle Management Inc shall not be liable or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure, any of Heaven Sent Lifestyle Management Inc’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Heaven Sent Lifestyle Management Inc’s reasonable control.

Subject to the provisions of this clause, Heaven Sent Lifestyle Management Inc maximum liability to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).

All products, merchandise and information available through the Heaven Sent Lifestyle Management Inc service are provided through third parties on an "as available" basis without warranties of any kind, either expressed or implied, including implied warranties of merchantability or fitness for a particular purpose. Heaven Sent Lifestyle Management Inc makes no warranty or guarantee in regard to: accepting all your Heaven Sent Lifestyle Management Inc shopping requests, providing you with the lowest available price for goods and services available on this site, error-free, accurate, reliable or high-quality content, or the service, advice or merchandise provided through the service. Members must agree that the use of the service is at your sole risk.

Payment Agreements, Rules & Guidelines

Heaven Sent Lifestyle Management Inc’s services are billed on your designated credit card. You authorize Heaven Sent Lifestyle Management Inc. to validate your credit card and other standard industry verification procedures. Where a requested billing method cannot be validated, you may be required to provide an acceptable alternate billing method or Heaven Sent Lifestyle Management Inc. may refuse to provide service or place a call for you.

You must notify Heaven Sent Lifestyle Management Inc promptly of any change in your credit card, billing address, E-mail addresses or personal information as provided. If you fail to pay any charges by the due date, Heaven Sent Lifestyle Management Inc. may, without notice, place restrictions on your use of services, suspend or terminate your Heaven Sent Lifestyle Management Inc. account. Cheques returned to Heaven Sent Lifestyle Management Inc. will incur a return fee of $50.00 per cheque returned that will be added to your charges. You will waive any claim for any billing error or improper charges unless you notify Heaven Sent Lifestyle Management Inc. in writing within 45 days of the date of the billing statement.

If we have to take action beyond billing you in order to collect payment, you will be required to pay our reasonable costs and expenses of collection. Such costs and expenses may include attorneys' fees and expenses, the fees of any collection agency, and court costs.

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