Customer Terms of Use

We suggest that you review these Terms of Use carefully

FITSET INC. (“FITSET”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE HTTPS://FITSET.CA// AND HTTPS://APP.FITSET.CA (THE “WEBSITE”) AND THE SERVICES DESCRIBED BELOW. IF YOU INTEND TO USE THE WEBSITE TO SIGN UP FOR CLASSES AT PARTICIPATING STUDIOS, THEN THESE TERMS OF USE AND OUR PRIVACY POLICY GOVERN YOUR USE OF THE WEBSITE AND SERVICES SO PLEASE READ THESE TERMS CAREFULLY.

BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. 

  1. Service Overview. Fitset provides an online platform that enables customers (“Customers”/ “You”) to sign up for fitness classes or gym sessions at various participating studios (“Studios”). 
  1. Creating an Account. In order to use the Service, You must register for a subscription membership package and pay the applicable fees. Our current plans and fees can be found here [http://www.fitset.ca/register]. We reserve the right to make changes to our packages and fees at any time. You must be at least 18 years old to register for the Services. Your registration information will be stored in accordance with our Privacy Policy which You should read carefully before providing any personal information through the Website and Service.
  1. Class Packages, Memberships and Payments.

 

  1. Registering for Classes. After you register for an account, you can sign up for fitness classes at any of the Studios listed on the Website. You will be limited to the total number of classes per membership cycle as listed in your membership package. If you do not attend a class you have registered for, you will not be able to use the credit for the class towards another class. When you register for a class, we will send you an email confirmation which you should bring to the Studio along with your photo identification. 
  1. Studio Rules. You acknowledge and agree that participation in fitness classes requires your adherence to any rules, regulations and codes of conduct provided by the Studio. You further acknowledge and agree that Studios shall have the right to enforce appropriate standards of conduct and that they may at any time terminate your participation in fitness classes for any conduct which the Studios consider to be incompatible with the interest, harmony, comfort and welfare of others. You understand that you will be expected to act and conduct yourself at all times in compliance with applicable laws, rules and regulations and that you will be held personally liable to the Studio and Fitset for any loss or damage or injury to the facilities, equipment or persons caused by you. You agree that you will not bring any material, substance, equipment or object which is likely to endanger the life of or cause bodily injury, illness or other harm or injury to any person or the facilities to any Studio.
  1. Waiver, Release and Assumption of Liability. You acknowledge and understand that Fitset is merely providing a platform that enables you to register for fitness classes and is no way responsible for setting up or providing such classes. You also acknowledge that engaging in fitness carriers inherent risks including risk of personal and/or bodily injury including death and that you have considered these risks and voluntarily agree to assume them. You represent that you are medically fit to participate in the fitness classes you sign up for using the Service. To the fullest extent permitted by law you hereby waive and release any and all liability and claims against Fitset including its agents for any injury, death, loss, damage, accident, delay or expense arising from or in connection with participating in fitness classes or your visit to any Studio or for any loss or damage to your personal belongings at the facilities.

 

  1. No Endorsement. It is Your sole responsibility to verify whether the qualifications and expertise of any particular Studio or Studio instructor meets your requirements. You understand that we simply provide a platform that enables You to register for classes offered by Studios and we do not and cannot endorse any services offered by Studios. We also cannot oversee the Studios or the classes that they offer. You therefore acknowledge and agree that if You elect to take classes at any Studio, Fitset shall not have any responsibility or liability for any losses or damages that You may incur as a result of any attending such classes or the premises of any Studio.
  1. Disputes and Complaints. If You are dissatisfied with a Studio, You may lodge a formal complaint with us by contacting us at hello@fitset.ca. We will try to resolve any dispute or any abusive or seriously unprofessional conduct by the Studio. We will use commercially reasonable efforts to resolve disputes and provide an outcome within 14 days of Your submitting Your complaint. 
  1. User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Fitset, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Fitset does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Fitset be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

 

  1. Your Conduct. In using the Website and Service You shall not:

(a) alter, copy or distribute any part of the Website (including any content) without our prior consent;

(b) upload, post, email, transmit or otherwise make available:

  1. any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
  2. any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(c) impersonate any person or entity or misrepresent their affiliation with a person or entity;

(d) interfere with or disrupt the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 

(e) collect or store personal information about other Customers, Studios or viewers except as permitted by them;

(f) resell the content of the Website, the use of the Website access to the Website or the content therein; or

(g) do anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable.

  1. Feedback: Website and/or Service. If You provide Fitset with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Service, Fitset may use such Feedback in the Website or Service or in any other Fitset products or services (collectively, "Fitset Offerings"). Accordingly, You agree that: (a) Fitset is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Fitset, (c) Fitset (including all of its successors and assigns and any successors and assigns of any of the Fitset Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Fitset Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Fitset or any of the users of the Service.
  1. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Fitset shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. 
  1. Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Fitset. Fitset is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Fitset websites does not imply that Fitset endorses or accepts any responsibility for the content or use of such websites.
  1. DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND SERVICE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, FITSET DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FITSET SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. FITSET DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND FITSET SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
  1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FITSET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THE WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE , (IV) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF FITSET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. YOU SHALL INDEMNIFY AND HOLD FITSET AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE, ANY ACTION OR OMISSION BY YOU IN CONNECTION WITH THE WEBSITE OR THE SERVICE, AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION.
  1. Termination. Fitset may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or Service or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use (including, without limitation, non-payment of any fees owed in connection with the Website or Service or otherwise owed by You to Studios), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website or Service (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by Fitset in its sole discretion and that Fitset shall not be liable to You or any third-party for any termination of Your access to the Website or Service or for the removal of any of the materials uploaded by You to the Website or Service. Any termination of these terms of use by Fitset shall be in addition to any and all other rights and remedies that Fitset may have.
  1. Security. Information sent or received over the Internet is generally unsecure and Fitset cannot and does not make any representation or warranty concerning security of any communication to or from the Website or Service or any representation or warranty regarding the interception by third parties of personal or other information.
  1. Copyright and Trademark Information. Except for User Content, this Website and Service and the information and materials contained therein, are the property of Fitset and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Fitset product names and logos are trademarks or registered trademarks of Fitset. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on the Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Fitset. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
  1. These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Fitset. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Fitset to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Fitset must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Fitset’s prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Ontario without regard to choice of law principles. The parties hereby irrevocably attorn to the jurisdiction of the courts of Ontario.

LAST UPDATE: April 8, 2018