General Terms and Conditions of Use

Our General Terms and Conditions of Use (the “Terms”) represent the agreement between Entreprises Vivre En Forme Inc. (hereinafter referred to as “Éconofitness”) and you (hereinafter “you,” “User”). Éconofitness is a corporation located at 1040 Michèle-Bohec Blvd, Suite 300, Blainville, Quebec, J7C 5E2, Canada. These Terms govern your use of and access to the products, software and services offered by Éconofitness and to www.econofitness.com, the Éconofitness Platform (including, but not limited to, text, graphics, images and other materials and information), which you access from time to time, whether or not such use is in connection with an account (collectively, the “Services”).
 
Please read the Terms carefully, along with all policies, guidelines or rules applicable to these Services, as they constitute a contract between Éconofitness and you. We also encourage you to review our Privacy Policy at https://econofitness/en/legal/privacy-policy for more information. If you do not agree with our Terms or any other policy, refrain from using the Services and accessing the Platform, except to delete your account.

By using the Services or our Platform, you declare, warrant and agree that:

• You have read, understood and accepted the Terms.
• You are capable and authorized to enter into a binding contract with Éconofitness, if you purchase Services.
• You are not a person prohibited from receiving the Services under the laws of the jurisdiction from which you are using the Services.

Application and Amendment of the Terms

The following Terms govern and apply to your use of the Platform and the Services, and are incorporated herein by this reference, including the General Terms and Conditions of Sale for our products and services at https://econofitness/en/legal/general-terms-and-conditions-of-sale . 
Each of these Terms may be modified from time to time. When we post changes to the Services or the Platform, they take effect immediately, unless certain legal provisions require a longer notice period.

Éconofitness may make changes to the Terms in the future. By continuing to access the Platform or use the Services, you agree to be bound by the revised Terms.

By accessing the Services of Éconofitness, you agree, acknowledge and declare the following:

• You understand that by requesting our Services, you do not acquire any rights to the research, intellectual property or commercial products that may be developed by Éconofitness or its collaborators. You specifically understand that you shall not receive any compensation for research or commercial products that include or result from your information.
• You agree to abide at all times by the user conduct rules, as described in these Terms, as well as in the Member Code of Conduct if you access the Gyms.

As a condition of your use of the Services, you warrant to Éconofitness that you shall not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

Furthermore, you agree not use the Platform or the Services to:

1. Upload, post, email or otherwise transmit any material that is derogatory, defamatory, obscene or offensive, such as insults or anything that could reasonably be interpreted as harassment or disparagement based on origin, colour, nationality, gender, sexual orientation, age, disability, religious or political beliefs or any other status protected by law
2. Impersonate any person or entity, including, but not limited to, any affiliate or client of Éconofitness, or falsely state or otherwise misrepresent your affiliation with a person or entity
3. Add your own headers, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services
4. Stalk or otherwise harass another person
5. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements)
6. Use any information received through the Services to attempt to identify other Users or to contact other Users (other than through features for contacting other Users offered pursuant to the Services, if applicable)
7. Download any file posted by another User of the Services that you know, or reasonably should know, cannot legally be distributed in such a manner
8. Upload, post, email or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of Éconofitness or any other party
9. Harm minors or members of Éconofitness in any way
10. Advertise or offer to sell or buy any goods or services for any business purpose, unless Éconofitness specifically authorizes such messages
11. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation
12. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
13. Use manual or automated software, devices, scripts, robots or other means or processes to “scrape,” analyze, spy on or access any web pages or other services contained on the Platform, unless explicitly authorized by Éconofitness
14. Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the Éconofitness website
15. Attempt to override any Service security component of Éconofitness
16. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services
17. Violate these Terms, any code of conduct or other guidelines which may apply to the Services or have been communicated to you by anyone affiliated with Éconofitness
18. Intentionally or unintentionally violate any applicable local, national or international law, or any regulation
19. Decompile, disassemble, reverse engineer or transfer all or part of the Platform

Accounts, Passwords and Security

To use certain Services, you may need to create an account. You agree to provide Éconofitness with accurate, updated and complete information for your account. Any parent or guardian who uses the Services on behalf of their minor child assumes full responsibility for ensuring the information that they provide to Éconofitness about their child is kept secure and that the information submitted is accurate. You are fully responsible for all activities that occur under your Éconofitness account, so it is important to keep your account and password secure. If you think someone has gained access to your account, please contact our customer service department immediately.
 

Personal Information

Your use of the Services is also governed by our Privacy Policy. We encourage you to review our Privacy Policy to learn more about how we manage your personal information.
 

Applicable Laws and Regulations

Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content.
 

Violation of the Terms

You agree that Éconofitness may, in its sole discretion and without prior notice, terminate your access to the Services. You also agree that any violation by you of these Terms, including incorporated policies, such as the General Terms and Conditions of Sale and the Privacy Policy, shall constitute an unlawful and unfair business practice, causing harm to Éconofitness. You consent to Éconofitness obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Éconofitness may have.

Éconofitness may preserve or disclose any information we have about you if we determine that such preservation or disclosure is necessary to protect the interests and rights of Éconofitness or is permitted under applicable laws and our Privacy Policy. Reasons for disclosure may include, but are not limited to: connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of Éconofitness, or the rights or property of visitors or Users of the Services, including members of Éconofitness. Éconofitness reserves the right to preserve or disclose any information that Éconofitness deems necessary to comply with any applicable law, regulation or valid legal process.

You agree that Éconofitness shall not be liable to you or to any third party for termination of your access to the Services as a result of any violation or suspected violation of these Terms, in accordance with applicable laws and Éconofitness policies.

Some of the features available on the Platform require registration (hereinafter the “Registration”). If you choose to register, you agree to provide truthful and up-to-date information about you, as required by the Registration process, and to promptly update such information as necessary to ensure that it remains accurate and complete.

You acknowledge that you are responsible for:  

• Maintaining the confidentiality of any passwords that you choose or that are assigned as a result of your Registration  
• Any activity that occurs under your username or password
• Logging out of your account at the end of each session  

In addition, you agree to notify Éconofitness of any unauthorized use of your username or password. In the event that you fail to meet the obligations set out in this section, Éconofitness shall not be liable for any losses or damages resulting therefrom. 

In case of serious violation of the Terms, the GTCS, the Code of Conduct or the Other Policies of Éconofitness, or if Éconofitness has reason to believe that your actions require sanctions to protect its security and integrity, that of its employees, other clients or third parties or for the purposes of fraud prevention or investigation, Éconofitness may decide to: 

• Restrict access to and use of the Platform for the offending client; and/or
• Suspend the offending client’s account, temporarily or permanently, as determined by the severity of the acts.

Limited License

Other than User content, all text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained in the Services is owned, controlled or licensed by or to Éconofitness, and is protected by copyright, patents, trademarks and various other intellectual property rights and unfair competition laws. You are not authorized to use the Content without the explicit permission of Éconofitness.

Éconofitness grants you a limited license to copy and distribute free of charge any information contained in Éconofitness products and Services (such as data sheets, articles and similar materials) made available by Éconofitness for sharing or downloading from the Services, provided that you do not:

• Remove any proprietary notices from copies of such documents
• Copy or post such information on any networked computer or broadcast it in any media
• Make modifications to any such information
• Make any additional representations or warranties relating to such documents
• Use this information for purposes that are not personal or that are commercial in nature

Diversion and Resale of Éconofitness Products

• Éconofitness prohibits the unauthorized resale of its Services, and Éconofitness cannot guarantee the quality of its Services when sold by unauthorized sellers or through unauthorized channels. We strongly encourage our Users to purchase only from the Platform. Éconofitness makes no warranty of satisfaction for Services purchased from unauthorized resellers. We reserve the right to cancel orders and/or block future Platform purchases by clients that appear to be purchasing items for resale on third-party sites or using multiple accounts to attempt to surpass any quantity limits.
• Without the prior written agreement of Éconofitness, no one is authorized to sell Éconofitness Services or purchase products on the Platform for the purpose of resale. No person or entity, without the express written consent of Éconofitness, is authorized to resell Éconofitness Services or products on any e-commerce platform.

Indemnification

You agree to defend and hold Éconofitness and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors and assigns harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of the Service, your connection to the Service, your violation of the Terms or your infringement of others’ rights.

Additionally, you are responsible for securing your account and access to it. If you choose to provide your information to third parties—whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes—you agree to defend and hold Éconofitness and its employees, contractors, successors and assigns harmless from any and all liability arising from such disclosure or use of your information.
 

Disclaimer of Warranty

The laws of certain jurisdictions do not allow limitations on implied warranties or conditions in some cases. If these laws apply to you, some or all of the below disclaimers and exclusions might not apply to you, and you might have additional rights. To the extent permitted by applicable law, you expressly acknowledge and agree that: (1) your use of the Services is at your sole risk. The services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Éconofitness expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of quality, suitability for a particular purpose and non-infringement of intellectual property rights, except to the extent that such warranties cannot be excluded by applicable law. (2) Éconofitness makes no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, unfailingly secure or error-free; (c) the results that may be obtained from use of the Services will be accurate or reliable; (d) the quality of any products, services, information or other items purchased or obtained by you through the Services will meet your expectations; and (e) any errors in the software will be corrected. (3) any material downloaded or otherwise obtained through use of the Services is done at your own discretion and risk and you shall be solely responsible for any damage to your computer system or loss of data arising from the download of any such material. (4) no advice or information, whether oral or written, obtained by you from Éconofitness or through the Services shall create any warranty not expressly stated in the Terms and shall not be relied upon as medical advice. (5) you should always use caution when giving out personal information about yourself or those for whom you have legal authority. Éconofitness does not control or endorse any actions resulting from your participation in the Services and, therefore, Éconofitness specifically disclaims any liability for any actions resulting from your participation in the Services.
 

Limitation of Liability

The laws of certain jurisdictions do not allow limitations on some types of damages. If these laws apply to you, some or all of the limitations below might not apply to you.
Within the limits allowed by applicable laws, you expressly acknowledge and agree that Éconofitness shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, use, data or other intangible losses (even if Éconofitness has been advised of the possibility of such damages) resulting from: (a) the use of or the inability to use the Services; (b) any action you take based on the information you receive in, through or from the Services; (c) your failure to keep your password or account details secure and confidential; (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into through or from the Services; (e) unauthorized access to or alteration of your transmissions or data; (f) the improper authorization for the Services by someone claiming such authority; or (g) the statements or conduct of any third party on the Services.

By becoming a member, you agree to receive our newsletter. This newsletter includes information about our Services, promotions, special events and tips related to health and wellness. You can unsubscribe at any time by clicking the unsubscribe link included in each newsletter or by contacting us. The data collected for the purpose of sending the newsletter shall be used solely for communication with you and shall not be shared, under any circumstances, with third parties without your prior consent, except as required by law.

Applicable Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein.

Any dispute relating to the validity, interpretation, performance, termination and consequences of the Contract shall be submitted to the competent courts of the Province of Quebec, in the judicial district of Montréal.

Promotions

Éconofitness reserves the right to terminate any promotion without warning at any time.

From time to time, Éconofitness may offer a prize as part of an exclusive discount campaign, promotional offer, opinion poll, lottery or survey (hereinafter the “Promotional Offer”).

The prize is not transferable or redeemable for money.

By participating in a Promotional Offer, you acknowledge that you have read our Privacy Policy and consent to Éconofitness using your personal information provided in connection with your participation in the Promotional Offer.

Prizes offered by Éconofitness must be claimed within two (2) days of the winners being announced. Éconofitness has thirty (30) business days to award prizes.

Éconofitness reserves the right to substitute any prize with a gift card or a pre-paid credit.
Offers for no registration fees do not apply to Gyms in the pre-opening phase.
 

Modification, Termination and Survival

Modification. Éconofitness reserves the right at any time to temporarily or permanently modify or discontinue the Services (or any portion thereof) with or without notice. If you violate the Terms and/or Éconofitness has reasonable grounds to suspect that you have violated the Terms, Éconofitness has the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).

Termination. Éconofitness may also, at any time, terminate its legal agreement with you if: (1) you have breached the Terms or incorporated policies, such as the General Terms and Conditions of Sale (or have acted in a manner which shows that you do not intend to or are unable to comply with the provisions of the Terms); (2) Éconofitness is required to do so by law (for example, where provision of the Services to you is, or becomes, unlawful); (3) the partner with whom Éconofitness offered the Services to you has terminated its relationship with Éconofitness or ceased to offer the Services to you; (4) Éconofitness is transitioning to no longer providing the Services to Users in the country in which you reside or from which you use the Services; or (5)  provision of the Services by Éconofitness is, in Éconofitness’s opinion, no longer commercially viable. Finally, Éconofitness may, at its sole discretion, restrict access to the Platform for any reason.

Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Éconofitness shall not be liable to you or any third party for any termination of your access to the Services, and you shall defend and indemnify Éconofitness and its affiliates from and against any action or demand resulting from your breach of this representation.

Survival of the Terms. When the Terms come to an end, regardless of who terminates them, both you and Éconofitness shall continue to be bound by all but the following sections: Limited License and Modification.
 

Éconofitness Platform and Hyperlinks

The Services provide, and third parties may provide, links to other sites and resources on the internet. Because Éconofitness has no control over such sites and resources, you acknowledge and agree that Éconofitness is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for any content, advertising, products or other materials on or available from such sites or resources. You should read the terms and conditions, including privacy policies, of any third parties to understand the rules and policies governing your use of their services or products.
 

Miscellaneous

Entire Agreement. The Terms make up the entire agreement between you and Éconofitness and supersede any prior agreements. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Waiver.Our failure to enforce any provision of these Terms shall not be deemed a waiver.
Severability. If any portion of these Terms is found to be unenforceable, the remaining portion shall remain in full force and effect.

Assignment.You may not assign or delegate any rights or obligations under these Terms. Any purported assignment or delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this agreement, fully or partially, without notice to you. We may also unilaterally substitute, effective upon notice to you, Éconofitness for any third party that assumes our rights and obligations under these Terms.
 

Notices

Notices to you may be sent via email or postal mail. Éconofitness may also provide notice of changes to the Terms or other matters by posting notices or links to notices to you generally on or through the Services. Official notices shall be sent to us at the following address:

1040 Michèle-Bohec Blvd, Suite 300
Blainville, Québec
J7C 5E2

Éconofitness also accepts to receive notices by email at: info@econofitness.ca.
 
Any notices that you provide that do not comply with this section on notices shall have no legal effect.