THE TERMS AND CONDITIONS OF GymFou – FitN Sports and Fitness Inc.

1  Acceptance the use of GymFou – FitN Sports and Fitness Inc. Terms and Conditions

Your access to and use of GymFou is subject exclusively to these Terms and Conditions. You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Site you are fully accepting the Terms and Conditions contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Site.

2  Credit card details

Payments made with credit cards are handled by the third party payment processing system Braintree by Paypal. GymFou – FitN Sports and Fitness Inc. does not have access to your credit card information. You will never be asked by the staff your credit card information under any circumstances. Please consult the Privacy Policy for further explanation of how your information is processed on the Site.

3  Legal advice

The contents of the GymFou – FitN Sports and Fitness Inc. Site do not constitute advice and should not be relied upon in making or refraining from making, any decision.
All material contained on the GymFou – FitN Sports and Fitness Inc. Site is provided without any warranty of any kind. Your use of the material on the GymFou – FitN Sports and Fitness Inc. Site is at your own discretion.

 

4  Change of use

GymFou – FitN Sports and Fitness Inc. reserves the right to:
4.1  change or remove (temporarily or permanently) the Site or any part of it without notice and you confirm that GymFou – FitN Sports and Fitness Inc. shall not be liable to you for any such change or removal and.
4.2  change these Terms and Conditions at any time, and your continued use of the Site following any changes shall be deemed to be your acceptance of such changes.

 

5  Links to Third Party Websites

GymFou – FitN Sports and Fitness Inc. Site may include links to third party websites that are controlled and maintained by others. Any link to third party websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

6  Copyright

6.1  All copyright, trademarks and all other intellectual property rights on the GymFou – FitN Sports and Fitness Inc. Site and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to GymFou – FitN Sports and Fitness Inc. or otherwise used by GymFou – FitN Sports and Fitness Inc. as permitted by law.
6.2  In accessing the Site you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only.

 

7  Links to and from other websites

7.1  Throughout this site you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
7.2  Any party wishing to link to this website is entitled to do so provided that the following conditions are observed:
(a)  you do not seek to imply that GymFou – FitN Sports and Fitness Inc. is endorsing the services or products of another party unless this has been agreed with GymFou – FitN Sports and Fitness Inc. in writing;
(b)  you do not misrepresent your relationship with the GymFou – FitN Sports and Fitness Inc. Site; and
(c) ; the website from which you link to the GymFou – FitN Sports and Fitness Inc. Site does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
7.3  By linking to the GymFou – FitN Sports and Fitness Inc. Site in breach of our terms, you shall indemnify GymFou – FitN Sports and Fitness Inc. for any loss or damage suffered to GymFou – FitN Sports and Fitness Inc. as a result of such linking.

 

8   Disclaimers and limitation of liability

8.1  The GymFou – FitN Sports and Fitness Inc. Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2  To the extent permitted by law, GymFou – FitN Sports and Fitness Inc. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the GymFou – FitN Sports and Fitness Inc. Site.
8.3  GymFou – FitN Sports and Fitness Inc. makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4  Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of GymFou – FitN Sports and Fitness Inc. for death or personal injury as a result of the negligence of GymFou – FitN Sports and Fitness Inc. or that of its employees or agents.

 

9  Indemnity

You agree to indemnify and hold GymFou – FitN Sports and Fitness Inc. and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against GymFou – FitN Sports and Fitness Inc. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Site.

10  Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

11  Waiver

If you breach these Terms and Conditions of use and GymFou – FitN Sports and Fitness Inc. takes no action, GymFou – FitN Sports and Fitness Inc. will still be entitled to use our rights and remedies in any situation where you breach these Terms and Conditions of use.

12  Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of Canada and you hereby submit to the exclusive jurisdiction of the Canada courts, as well as the province of Quebec courts.

13  Our contact details

For any further information please email us at:

[email protected]