WEBSITE TERMS OF USE
This website (the "Site"), is owned and operated by 9527-4270 QUÉBEC INC. (“Naos FitClub”), having its head office at 520 Saint-Hubert street, Montréal, Québec H2Y 0C1. By accessing and using this Site, you unconditionally agree to be bound by these Terms of use of use (the "Terms of use") and all applicable laws. At the time of creation or confirmation of your client account, you will confirm your acceptance of the then-current Terms of use. If you do not accept and agree with these Terms of use, do not visit the Site.
Naos FitClub reserves the right, at its sole discretion to change, add or remove portions of these Terms of use, at any time. It is your responsibility to periodically check these Terms of use, available on the Site, for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to such changes.
CHANGES TO THE SITE
Naos FitClub may, at its sole discretion, modify at any time the Site or any part thereof, to suspend the Site, to modify or withdraw services or products offered thereon, without notice or delay. Naos FitClub will not be responsible in any way, to any party for any loss or damages that may result, directly or indirectly from any (i) modification or suspension of the Site; or (ii) modification or withdrawal of services or products offered thereon.
YOUR ACCOUNT
The login credentials you created are solely for your personal use and you will not sell, transfer or sublicense them to any other person. Except to the extent caused by a breach of its obligation pursuant to these Terms and Conditions, Naos FitClub shall not be responsible for any unauthorized access to your account and you are solely responsible for all activities in your account, regardless of whether the activities are authorized by you or not and whether undertaken by you or a third party. Naos FitClub reserves the right to refuse service or to close your account at its sole discretion.
SUBSCRIPTION TO SERVICES DESCRIPTION
By creating an account, you agree to receive recurring automated text messages (the "SMS"), from Naos FitClub at the mobile number you provided. Messages may include reservation confirmations and reminders, class changes or cancellations, information about your account or membership, payment confirmations, customer service communications, studio news, as well as promotional offers, special events, and other marketing communications. Consent to receive these messages is not a condition of any purchase.
MESSAGE FREQUENCY
You may receive up to 5 messages per week. Message frequency may vary depending on your activity and interactions with us.
MESSAGE AND DATA RATES
SMS data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.
HOW TO OPT OUT AND GET HELP
You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at vieuxport@naosfitclub.ca or 514-281-1019.
CARRIER LIABILITY DISCLAIMER
Carriers are not liable for any delayed or undelivered messages.
COMPATIBILITY AND REQUIREMENTS
Site usage requires the use of a compatible device and browses and access to the Internet. You agree that you are solely responsible for meeting these requirements and for any fees, charges or expenses associated with the use of your devices, including but not limited to those relegated to Internet access. Naos FitClub does not warrant or guarantee that the Site will function with your devices or be compatible with any particular device.
INTELLECTUAL PROPERTY
All the content of this Site, including the trademarks, text, logos, slogans, images, drawings, graphics, illustrations, photographs, videos, musical excerpts, downloads, technical programs and business processes, is owned or otherwise provided or used under license by Naos FitClub. Naos FitClub does not represent or warrant that any uploaded content from third parties does not infringe the rights of any third party. All the content of this Site is subject to Naos FitClub’s intellectual property rights under applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including without limitation any reproduction, distribution, transmission or communication to the public without prior written authorization of Naos FitClub is prohibited.
Without limiting the generality of the foregoing, you recognize that the trademarks displayed on this Site are trademarks, registered or unregistered, of Naos FitClub or third parties, are the property of their respective owners and cannot be used without the prior written authorization of their respective owners.
No element of this Site shall be interpreted as creating, implicitly or expressly, a license or a right of use or of duplication of the intellectual property contained therein, except with the express written consent of Naos FitClub or the owner of such intellectual property.
HYPERLINKS
The Site may contain hyperlinks enabling users to visit external websites, owned and operated by third parties. Naos FitClub has no control over these external websites and does not guarantee their content. You assume full responsibility for your use of these sites and fully release Naos FitClub from all liability. Under no circumstances, the inclusion, on this Site, of a hyperlink to a third-party website shall not, under any circumstances, be interpreted or construed as an endorsement, by Naos FitClub, of any representation or information contained on any such website or as a partnership or affiliation with the owner of any such website. Your use of third-party websites is subject to the Terms of use of these websites.
PERMITTED USE AND SECURITY
You may not use the Site for purposes other than the purposes set out in these Terms of use and are prohibited from making any attempt whatsoever to access any data not intended for you, testing the vulnerability of our systems and solutions, compromising their security or efficiency and effectiveness, and sending unsolicited e-mail, including without limitation advertising.
RISKS ASSOCIATED WITH THE INTERNET
The Site is accessible based on its availability and Naos FitClub makes no warranties, either express or implied, that the Site will operate without interruption, virus or error or in a secure and timely manner, that the information contained is accurate and without error, or that defects in the software and applications, if any, will be rectified. You are solely responsible for any damage to your computer or loss of data that may result when downloading material.
Communication over the Internet is subject to interception, loss or alteration and you acknowledge that Naos FitClub shall not be held liable for damage resulting from the transmission of confidential information or personal information over the Internet and that such communications are at your own risk.
LIMITATION OF LIABILITY
Usage of the Site is at your sole risk and Naos FitClub makes no warranty, express or implied, that (i) the Site will meet your requirements or result in revenues or profits; (ii) access to Site will be uninterrupted, timely, secure, or error-free; and (iii) the results that may be obtained from the use of the Site will be accurate or reliable.
In no event will Naos FitClub be liable for any indirect, incidental, consequential, special, punitive or exemplary damages or lost profits, even if Naos FitClub has been advised of the possibility of such damages. In no event Naos FitClub’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the fee paid to Naos FitClub by yourself in the last 6 months.
TERMINATION OF USE
Naos FitClub reserves the right to terminate, at any time and without prior notice, your right to access the Site or your account for any reason, including because Naos FitClub reasonably believes that (i) your usage of the Site (a) pose a security risk to Naos FitClub or any third party, including other clients of Naos FitClub; (b) could adversely impact the Site, Naos FitClub‘s systems or of any other person’s system; (c) could subject Naos FitClub or any third party to liability; or (d) could be considered fraudulent; (ii) you are in breach of these Terms of use; or (iii) you are in breach of any payment obligations toward Naos FitClub.
YOUR COMMENTS
You agree that by providing or submitting by any means of transmission material to Naos FitClub, including your suggestions, ideas and comments, you are granting Naos FitClub permission to use such material for the purpose of carrying on its business. No compensation will be paid for the use of said material and Naos FitClub will have no obligation to publish or use it.
INTERPRETATION
In these Terms of use (i) the headings have been inserted solely for ease of reference and shall not modify, in any manner whatsoever, the meaning or scope of the provisions hereof; (ii) where appropriate, the singular number set forth herein shall be interpreted as the plural number, and the gender shall be interpreted as masculine, feminine or neuter, as the context dictates; (iii) “or” is used in the inclusive sense of “and/or”; and (iv) the terms “herein”, “hereof”, “hereto”, “herewith”, “hereunder”, “hereby”, and other similar terms, generally refers to these Terms of use as a whole rather than to a specific part thereof, unless otherwise indicated in the text.
In the event that any provision of these Terms of use is deemed to be invalid or unenforceable, in whole or in part, such provision will, whenever possible to do so, be interpreted, construed, limited or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability. All the remaining provisions of these Terms of use will remain valid and continue to bind the parties.
GOVERNING LAW
These Terms of use shall be governed by the laws of the Province of Québec, Canada and you consent to submit all disputes or disagreements arising pursuant to these Terms of use to the exclusive jurisdiction of the courts of the Province of Québec, judicial district of Montreal.
PROTECTION OF PERSONAL INFORMATION
These Terms of use should be read in conjunction with Naos FitClub‘s Personal Information Protection Policy. For information relating to the protection of personal information, please refer to our Personal Information Protection Policy.
CONTACT US
For any questions, click here to reach the Contact page on the Site.