Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, including Privacy Statement and Disclaimer Notice: “User”, “You” and “Your” refers to you, the person accessing this website and accepting our Terms and Conditions. “Ourselves”, “Our”, “We” and “Us”, refers to Samantha Mercanti and samanthamercanti.com. “Party” or “Parties” refers to both the User and ourselves, or either the User or ourselves. These Terms and Conditions apply to all Users of the website. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. When you visit our website, you agree that information is sent to and stored on our servers. We collect the following types of personal information:
Information collected automatically and/or provided by WordPress: When you visit our website, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. Further, as this website is hosted by WordPress, your information may also be provided to us by WordPress. Such information includes, but is not limited to:
- information from your interaction with our website, including, but not limited to device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the website, referring URL, ad data, IP address and standard web log information; and
- information collected through cookies, web beacons and similar technologies.
Information you provide to us: When interacting with our website, you may provide personal information to us, including but not limited to your full name and/or user name, public profile information and/or information that you provide in a comment. We remind you that information that you choose to make public, such as by “liking” and/or commenting on our website, is disclosed publically.
You agree that we may use your personal information for the following purposes:
- to facilitate your engagement with our website;
- to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms and Conditions;
- to personalize, measure and improve our content and ads; and
- to communicate with you, by e-mail, push notification, text message (SMS) or by telephone, such as to obtain feedback for our website.
Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Statement and applicable legislation and regulations. We will not disclose your personal information to third parties for their marketing purpose without your explicit consent. We may share your personal information with:
- service providers with whom we have entered into an agreement to help us administer this website, such as financial service providers and technical support; and/or
- certain third parties such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities if we are required to do so by law or in accordance with this Privacy Statement.
Subject to the above, User records are regarded as confidential and will not be divulged to third parties. Users have the right to request copies of all User records we keep pertaining to the specific User making the request, on the proviso that we are given reasonable notice of such a request. Where appropriate, we shall issue Users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both Parties.
We will keep the personal information we collect for the longer of the time period required by law or required to administer this website. We protect your information by using technical and administrative security measures that limit the risk of loss, abuse, authorized access, disclosure and alteration.
Disclaimer Notice – Exclusions and Limitations
All information found on our website is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnoses or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have. The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, we:
- exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website; and
- exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or whether you have advised us of the possibility of such potential loss), damages related to health and/or safety, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Links to this Website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website
We do not monitor or review the content of third party websites which are linked to from this website. Opinions expressed or material appearing on such third party websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these third party websites. We encourage our Users to be aware when they leave our website and to read the privacy statements of these third party websites. You should evaluate the security and trustworthiness of any other third party website connected to this site or accessed through this website yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text and the full content of this website. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with this Copyright Notice, which forms part of these Terms and Conditions. You may not, except with our express written permission, distribute or commercially exploit the content nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Our email address and other contact information can be found on the Contact Me link on our website.
We are not liable to you for any failure to perform any obligation which is due to an event beyond our control including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
The laws of Ontario and those of Canada applicable therein govern these Terms and Conditions. By accessing this website you consent to these Terms and Conditions and to the exclusive jurisdiction of the Ontario courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining terms will continue to apply. Our failure to enforce any of the provisions set out in these Terms and Conditions shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by us.
Notification of Changes
We reserve the right to change these Terms and Conditions from time to time as we see fit and your continued use of the website will signify your acceptance of any adjustment to these Terms and Conditions. If there are any changes, we will announce that such changes have been made on our home page and on other key pages on our website. You are therefore advised to re-read this statement on a regular basis.