TERMS AND CONDITIONS (T&C)
These terms form a contract between User (hereinafter “Participant”, “you” or “your”) and RELKE FITNESS INC that governs user’s access and use of the website and our services (collectively as the “Services”). Please read these Terms carefully. It is a legally binding agreement between you and RELKE FITNESS INC. By your use of the website or services, you agree to comply with all of the terms and conditions set out in this document.
The domain name (hereinafter referred to as "Website") is owned by RELKE FITNESS INC, company incorporated under the laws of Ontario, Canada with its registered office at 1222 Cramer Street, Mississauga, Ontario, Canada L5J 3Y6 (hereinafter referred to as “we”, “us”, “our”, or “Company”).
YOU ACCEPT THESE TERMS BY ACCESSING OR USING OUR WEBSITE, SERVICES AND TOOLS.
User must be at least Eighteen (18) years of age. User represents and warrants that (i) User have the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms and conditions of this agreement.
We provide personal training and nutrition coaching session(s) to our users via Zoom, Face Time, Telephone call and/or In-person. We consider our marketplace model the best way to offer valuable services to our users. Subject to the terms and conditions of this Agreement, users are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for their personal use and as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service. We may terminate this license at any time for any reason or no reason.
4. USERNAME AND PASSWORD
You can Sign-up on our website via Google or through your social media account. After Sign-up, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your IP on the Website or suspend your account and refuse to provide you with access to the Website and/or our services. User agrees to notify Company immediately of any unauthorized use of User’s Account. We will not be liable for any unauthorized use of User Account.
For the purpose of verification of the information provided, we may require you to perform certain actions for verification of your identity including e-mail address, mobile phone number, as well as for verification of the accuracy of the information and the documents provided by you. You agree that our Identity Verification Services may not be fully accurate as all Services are dependent on User’s information.
8. USER OBLIGATIONS
8.1 Specific Obligations: If you purchase any of our services; you represent, warrant, and covenant that:
Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property rights and goodwill relating to the material(s) and content(s) will remain with the Company;
You will not copy, record, edit or alter or otherwise interfere with the services provided by the Company. This shall include without limitation: a) not using recording equipment to record any session; and b) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the material provided by the Company;
You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
You will not (or attempt to) interfere with or disrupt the proper operation of the Company’s services; and
Your right to access and use the services may not be assigned, transferred or sublicensed by you.
8.2 General Obligations: You represent, warrant, and covenant that:
You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Website’s Content and/or our Services or operations thereof, except as permitted in these terms;
You will not use our services for any illegal purpose; and
You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the website, our services or operation thereof; and
You will not use scrape, spider, robot or other automated means of any kind.
9. LINKS TO OTHER THIRD PARTY WEBSITES
Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Company while some are not under the control of the Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Company of any such linked site or the products therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RELKE FITNESS INC AND ITS INSTRUCTORS, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE(S) IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
RELKE FITNESS INC AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL PROVIDED TO YOU. RELKE FITNESS INC CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED TO YOU.
11. LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE RELKE FITNESS INC OR ITS INSTRUCTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE RELKE FITNESS INC OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE RELKE FITNESS INC IS TO DISCONTINUE THE USE OF THE SITES AND SERVICES.
User agrees to defend, indemnify and hold RELKE FITNESS INC and its instructors, affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website, Related Services or the Materials.
13. JURISDICTION AND APPLICABLE LAW
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of Ontario, Canada without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Ontario, Canada for any action or proceeding arising out of or relating to these Terms and Conditions.
14. ENTIRE AGREEMENT
These terms and any policies or operating rules posted on the Site (including client service agreement) constitute the entire agreement and understanding between User and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
15. WAIVER AND SEVERABILITY
If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to the user, its sole remedy shall be to terminate his/her Agreement. The user's continued use of services will constitute binding acceptance of such modifications.
17. ELECTRONIC COMMUNICATIONS
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.
18. NO AGENCY RELATIONSHIP & TERMINATION
You agree that no agency relationship exists between User and RELKE FITNESS INC as a result of these terms. We may terminate your registration and/or deny you access to the Website or any part of it at any time in our absolute discretion and without any explanation or notification. If you want to terminate the Services at any time, you may do so by notifying us and terminating your agreement for the Services. Please send your termination notice at:
Upon termination or expiration of this Agreement for any reason or no reason: (i) all rights and licenses granted in this Agreement shall immediately and automatically cease; (ii) RELKE FITNESS INC shall delete or destroy the Data and any other information (Confidential or Non-Confidential) of the user. Termination of this Agreement for any reason shall be without prejudice to any right which shall have accrued to the benefit of either Party prior to such termination.
19. CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
RELKE FITNESS INC
1222 Cramer Street
Canada L5J 3Y6