Terms and Conditions

Terms and Conditions of Use – website and services

These Terms of Use do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services or otherwise.

1. Terms

By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trademark law.

2. Use of Program Materials

Permission is allowed to temporarily download one duplicate of the materials (data or programming) on immersacare.com site and/or related sites for individual and non-business use only. You may NOT: a) modify or copy the materials; b) use the materials for any commercial use, or for any public presentation (business or non-business); c) attempt to decompile or rebuild any product or material contained on immersacare.com website and/or provided in the program; d) remove any copyright or other restrictive documentations from the materials; or e) transfer the materials to someone else or even “mirror” the materials on any other server.

 

3. Services

immersa-care, health coaching offerings, from a non-licensed practitioner, are intended to provide lifestyle advice primarily to help you rebalance your body. Through carefully selected laboratory testing and conducting a comprehensive review of your lifestyle, we aim to identify underlying imbalances in your body. Thereafter, we can recommend an individualized, natural, and lifestyle-based protocol that will empower your body to take the necessary steps towards restoring balance. Clients who consistently adhere to the recommended protocol often experience significant improvements, as the body is given the necessary support to address the underlying imbalances. It is important to note that this is not a one-time fix, but rather a lifestyle behavioral change that requires ongoing commitment and effort.

immersa-care services: a) are NOT intended or designed to diagnose, manage, treat, prevent or cure any illness, disease, disorder or specific health condition; b) are NOT identify any disease or disorder as the cause of particular symptoms you may be experiencing; c) are NOT to be used as the basis for any medical treatment decisions, including prescribing medications or discontinuing any existing medical treatment plans or medications you may have been prescribed by your licensed medical professional; d) are NOT a substitute for advice from a licensed medical professional and should only be used for educational purposes only on general principles of health rebalancing; e) recommends that you consult your licensed medical professional before making any changes to your diet or exercise regime or taking any dietary supplements; f) does not warrant the accuracy of any information provided as we are not the originators of the information; g) are NOT liable for any losses you may suffer by relying on any advice we provide; h) does not guarantee any positive outcomes, as we have no control over how your body responds; i) are NOT a covered entity, health custodian, or a business associate of a covered entity under HIPAA or PHIPA and the scope of duties does not include the provisions of health care; or j) are unable to provide any diagnosis or codes for insurance billing purposes.

immersa-care reserves the right to change services at any time, without notice to you. We may, at our discretion, suspend your access to or use of our services or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to address any emergency security concerns; (iv) to modify our services; or (v) if required to do so by a regulatory authority or as a result of a change in standards of practice or a change in applicable legislation.

3a. How it Works: To obtain the immersa-care Service

A Client must sign up for our service and the Terms and Service Agreement must be signed prior to commencing any services with the exception of the exploratory call. The Client must create an Account(s) (described below) with your up-to-date contact information and complete all the intake forms about yourself, including by providing certain information regarding your health and lifestyle.

If you purchase lab testing products, you agree to self-testing. immersa-care will obtain these lab tests on your behalf and provide you with a holistic or nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes. You take full responsibility to conduct, store and mail your samples in accordance with the instructions provided by the certified third-party lab(s), which will be governed by the plan you select.

Your licensed medical professional may use the same test reports to diagnose and treat diseases or specific conditions, but we do not do this. The information we provide is not intended to, cannot, and should not be a substitute for a personal consultation with your licensed medical professional. We do not accept any liability for any failure to identify any medical condition or disease, as this is not the purpose of our services.

immersa-care is NOT a licensed laboratory and does not conduct any laboratory tests on your samples directly but relies on its third-party partner labs to provide these services. immersa-care is not responsible for the services offered by our third-party partner labs and continued use of our services assumes you have accepted the terms of use of the third-party partner lab you have chosen for your laboratory testing.

Again, you will be asked to review and sign the Terms of Service Agreement and also a Purchase Agreement for more information about your rights, obligations and the conditions applicable to working with immersa-care prior to commencing any services.

immersa-care analyzes the responses you have provided to the questions about yourself in the all the intake forms and the results of your lab tests conducted by our third-party partner lab to produce a ‘personalized life-style protocol’ that would cover diet, sleep routine, stress management, exercise routine, and supplementation. This report is reviewed by a non-licensed FDN® practitioner, health coach. It is your sole responsibility to share any information with your licensed medical professional. It should be noted that if you choose to conduct a GI-MAP® provided by Diagnostic Solutions Laboratory, then you are advised to share your diagnostic report with your licensed medical professional for any possible treatment options if pathogens above the reference range are present. A separate letter outlining this request will be provided when the results of the GI-MAP® are shared with you.

immersa-care will use and/or the client will be asked to use the following third-party platforms (but not limited to) in order to support the services being provided and as such, a client will have to create Accounts with: a) Biocanic®, a client management platform where a client’s health-related information will be collected, stored, saved (directly and/or indirectly and disclosed. Although your health-related information is not covered by doctor-patient confidentiality, nor is it governed by HIPAA or PHIPA it should be noted that Biocanic® is HIPPA and GDPR compliant. Thus, a reasonable effort is made to protect the privacy of your health-related information that is shared with us, including any lab test results. However, by signing up for a Biocanic® account, a third-party supplier, you are agreeing to their terms and conditions, safeguards, disclosure, storage, and privacy policies. You will have access to your laboratory results and personal health-related information, as well as the ability to correct any inaccuracies. Ultimately, you are consenting and authorizing to the disclosure of your lab test results for use by immersa-care, for the provision for educational purposes (including but not limited to share, assign and track your health journey); b) Evexia®, a clinical lab services platform whereby orders for lab testing may be placed and/or directly purchased by the client; c) Fluids iQ®, a clinical lab services platform whereby order for lab testing may be placed and/or directly purchased by the client; d) Fullscript ®, whereby supplements maybe ordered and/or directly purchased by the client; e) Spectrum Supplements ®, whereby supplements maybe ordered and/or directly purchased by the client; and/or f) any additional labs or services that may be requested not explicitly captured in the above mentioned.

3b. Use of Lab Results

You should not interpret your lab results or any of the information included in your test results for of any specific treatment plan, product or course of action in connection with any illness, disease, disorder or condition. You should always consult your licensed medical professional before starting any new treatment or stopping any treatment that has been prescribed for you.

immersa-care obtain a set of laboratory test results on your behalf from a [Certified Laboratory in the United States and Canada] and provide you with a holistic or nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.

You should seek the advice of your licensed medical professional if you are experiencing any symptoms or believe you may have any disease or medical condition, regardless of any information contained within or omitted from your lab results. You should not ignore professional medical advice or delay seeking it because of any information provided to you in your results.

3c. Fees and Payment

You agree to pay the fees and, if applicable, additional charges set out by immersa-care, in accordance with the payment terms outlined in the Terms of Service Agreement and Purchase Agreement. All fees will be payable to Functional Bio-Balance Inc. All fees paid by you are final and non-refundable.

3d. Method of Payment

If you purchase a service from immersa-care a brand of Functional Bio-Balance Inc., we (or our authorized third-party payment processor) will collect your full name and payment information (including billing address, credit card number, expiry date and CVV code) in order to process the transaction and enable immersa-care to provide you with the services you have purchased. E-transfers will also be an acceptable form of payment.

3e. Exclusion of Warranties

immersa-care will provide services to you with reasonable care and skill. But immersa-care make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.

immersa-care make no warranty as to the accuracy of the laboratory test results that are received.

immersa-care make no warranty, expressed or implied, about the quality or effectiveness of any interpretation, apparatus, advice, treatment, or product.  In no event will immersa-care be liable for any physical or mental injury or any adverse side effects that may arise from the use of any such interpretation, apparatus, advice, treatment, or product.

immersa-care believe that the information they provide, including that on our websites, videos, postings, brochures, emails, flyers, and information packets, is accurate, but we cannot guarantee such accuracy.  immersa-care, therefore, make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete, or accurate. It is your sole responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.

3f. Exclusion of Liability

If you rely on, buy, or use a product or therapy or modality, you do so at your own risk. immersa-care does not guarantee any results as we have no control over those results. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. immersa-care cannot predict how you may respond to any particular product or therapy.

To the maximum extent permitted by law, we exclude: a) any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information, education or advice we provide; b) any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement, and lifestyle suggestions we may provide; c)any and all liability for injury or loss arising from any product or treatment you may choose to take; d) any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services; e) any and all liability with custody, control, or disclosure of any personal health information and laboratory results.

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages or injury, loss of data, income or profit, loss of or damage to property, and claims of third parties.

4. Disclaimer

The materials on immersacare.com site and/or immersa-care is given “as is”. immersacare.com and/or immersa-care makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, immersacare.com and/or immersa-care does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.

5. Constraints

On no occasion should immersacare.com and/or immersa-care or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on immersacare.com webpage and/or immersa-care, regardless of the possibility that immersacare.com and/or immersa-care has been told orally or in written of the likelihood of such harm.

6. Amendments and Errata

The materials showing up on immersacare.com site and/or immersa-care could incorporate typographical or photographic mistakes. immersacare.com and/or immersa-care does not warrant that any of the materials on its site are exact, finished, or current. immersacare.com and/or immersa-care may roll out improvements to the materials contained on its site whenever without notification. immersacare.com and/or immersa-care does not, then again, make any dedication to update the materials.

7. Links

immersacare.com has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by immersacare.com of the site. Utilization of any such connected site is at the user’s own risk.

8. Site Terms of Use Modifications

immersacare.com may update these terms of utilization for its website whenever without notification. By utilizing this site, you are consenting to be bound by the then current form of these Terms and Conditions of Use.

9. Governing Law

immersacare.com may update these terms of utilization for its website whenever without notification. By utilizing this site, you are consenting to be bound by the then current form of these Terms and Conditions of Use.

10. Indemnification

You agree to indemnify, defend, and hold immersa-care a brand of Functional Bio-Balance Inc., its non-licensed practitioners, employees, suppliers, third-party partners, harmless from and against any claims, actions or demands, liabilities and settlement including without limitation.

11. Age

By using this site, you represent that you are at least the age of majority in your province or state of country of residence, or that you are the age of majority in your province or state of country of residence, and you have given us your consent to allow any of your minor dependents to use this site.