Terms & Conditions

Acceptance of the Terms and Conditions of Use

These terms and conditions of use for strongpilates.ca and the Strong Pilates mobile application (collectively, the “Platform”) constitute a legal agreement and are entered into by and between you (the “User,” “you,” or “your”) and Strong Master Corp. and its related entities (“Strong,” “we,” “us,” “our“). The following terms and conditions, together with

• (a) the Hapana privacy policy (“Hapana Privacy Policy”) found at www.hapana.com/privacy-policy which applies to your use of the online booking system on the Platform,
• (b) the membership terms (“Membership Terms”) which apply to your purchase of any Strong products or membership and your use of any Strong services, including your booking and attendance at any Strong class, and
• (c) the privacy policy (“Privacy Policy”) found here, which applies to the collection, use, and disclosure of your personal information by Strong,

(collectively, these “Terms and Conditions“), govern your access to and use of, including any content, functionality, and services offered on or through the Platform.

Strong operates a franchise network of independently owned and operated businesses (each, a “Strong Franchisee”). These Terms and Conditions apply only to your use of our Platform and do not apply to your interactions with any Strong Franchisee. In addition to these Terms and Conditions, any services utilized at or purchased from a Strong Franchisee are subject to such Strong Franchisee’s own rules, policies, and/or terms of service. Please contact your Strong Franchisee for more information.

BY USING OUR PLATFORM, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO FORM A BINDING CONTRACT WITH STRONG (OR YOU HAVE OBTAINED YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO ACCEPT THESE TERMS AND CONDITIONS), AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES IT OFFERS.

Changes to the Terms and Conditions

Strong may unilaterally revise and update these Terms and Conditions from time to time. We will provide notice of the change through a conspicuous notice on our Platform or other appropriate way as required by applicable law. Such changes are effective immediately upon notice and apply to all access to and continued use of the Platform. You agree to periodically review these Terms and Conditions in order to be aware of any such changes, and you will be deemed to have accepted those updated Terms and Conditions if you continue to use our Platform.

The information and material on the Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.

Privacy

By submitting your personal information and using our Platform, you consent to the collection, use, and disclosure of any such information we deem necessary for use of the Platform and provision of services, in compliance with our Privacy Policy, also incorporated into these Terms and Conditions.

Your User Account and Access

The Platform includes services that are available to registered users, including the ability to make class bookings. In order to access certain services, content, or areas of the Platform, you may be required to register as a user. It is a condition of your registration and use of the Platform that all the information you provide on the Platform is correct, current, and complete. By registering for our Platform and providing information, you consent to all actions we may take with respect to such information in accordance with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Platform or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

You may suspend your account on our Platform at any time provided you have no current orders. However, you acknowledge that we may retain your profile information for our records in accordance with our Privacy Policy.

You are responsible for all mobile, cable, or other internet service provider charges incurred by you to access the Platform and using the services it offers.

Online Purchases

Our Platform allows you to purchase products from your Strong Franchisee, including membership and class packages. All orders, purchases, or transactions made using the Platform are subject to the Membership Terms and Privacy Policy, also incorporated into these Terms and Conditions. Purchases made through our Platform may also be subject to additional terms and conditions set by Strong Franchisees. Please contact your Strong Franchisee for more information.

Refunds

The availability of refunds is determined by the Strong Franchisee from which you purchased products and/or services, in their sole discretion. Please contact your Strong Franchisee with any refund inquiries.

Promotions and Discounts

We may offer promotions, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout (collectively, “Promotions”). Promotions cannot be applied to prior or completed transactions and must be provided at the time of purchase. Promotions cannot be combined with other offers. Promotions may be discontinued or voided at any time. Promotions that are expired or discontinued may not be used, even if they remain visible on the Platform. Promotions may be subject to additional terms and conditions.

Intellectual Property

You understand and agree that the Platform and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Strong, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Content on the Platform is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Strong.

“STRONG Pilates”, “STRONG”, “Rowformer”, “Down For More”, the STRONG Pilates logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Strong in Canada, New Zealand, Australia and/or other countries for which applications are pending. You must not use such marks without the prior written permission of Strong. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

User Feedback

We welcome feedback from our users about their experiences with us and our products and services. If you submit feedback to us, you agree that we can use it without any restriction or compensation to you. Any feedback you provide must be accurate and must not contain offensive, defamatory, or inappropriate language or content. You grant us a perpetual, irrevocable, royalty free licence to use any content you upload or submit to our Platform, including for promotion of our services and to make available to other users of our Platform.

Conditions of Use and Site Content Standards

The following site content standards apply to any and all content, material, and information a user submits to the Platform. You warrant and agree that your use of the Platform shall not:

• (a) in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found here.
• (b) in any manner violate the terms of use of any third-party website that is linked to the Platform, including but not limited to, any third-party social media website.
• (c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, discriminatory, or otherwise objectionable, such determination to be made in Strong’s sole discretion.
• (d) involve, provide, or contribute any false, inaccurate, or misleading information.
• (e) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and Site Content Standards.
• (f) impersonate or attempt to impersonate Strong, a Strong employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Strong or users of the Platform or expose them to liability.

Termination or Suspension of User Account

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. Users are prohibited from attempting to circumvent and from violating the security of the Platform.

We reserve the right to decline your access to the Platform, including disabling, suspending, or terminating your account, in our sole discretion at any time and from time to time, for any or no reason, including any violation of any provision of these Terms and Conditions.

We also reserve the right, without provision of notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

YOU WAIVE AND HOLD HARMLESS STRONG AND ITS RELATED ENTITIES, FRANCHISEES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY STRONG AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER STRONG OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

No Reliance

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Strong nor its related entities, franchisees, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.

The Platform may include content provided by third parties, including from other users. All statements and/or opinions expressed in any such third-party content, other than the content provided by Strong, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Strong. Neither Strong nor its related entities, franchisees, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Third-Party Websites and Links

For your convenience, the Platform may provide links to third-party websites or mobile applications. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Platform. You may only use these features when they are provided by us and solely with respect to the content identified.

You may not create a link to any part of our Platform other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms and Conditions. You agree to cooperate with us by immediately stopping any unauthorized framing or linking.

Geographic Restrictions

The owner of the Platform is based in Ontario, Canada and is subject to Canadian laws. We provide this Platform for use only by persons located in Canada. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER STRONG NOR ITS RELATED ENTITIES, FRANCHISEES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM, OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER STRONG NOR ITS RELATED ENTITIES, FRANCHISEES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL STRONG NOR ITS RELATED ENTITIES, FRANCHISEES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Strong, its related entities, franchisees, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions, your use of the Platform, and/or your violation of any law or the rights of such third party.

Mobile Services and Electronic Communications

The Platform includes certain services that are available via your mobile device. You are responsible for all mobile, cable, or other internet service provider charges incurred by you for connecting to the Platform and using the services it offers. By using the Platform, you agree that we may send you emails, SMS text messages, and/or push-notifications relating to your account registration, bookings, and transactions you undertake on the Platform. We may also communicate with you for marketing and advertising purposes in accordance with our Privacy Policy and as permitted by applicable law. You may opt-in or opt-out of these communications by changing your settings in the Platform.

Governing Law

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any action or proceeding arising out of or relating to the Platform and under these Terms and Conditions will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, including our Privacy Policy, the Membership Terms, and the Hapana Privacy Policy constitute the sole and entire agreement between you and Strong regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Contact

Any questions or concerns about the services provided through the Platform or the Platform itself can be directed to us via email at [email protected] or via mail to the following address:

140 Yonge Street, Suite 200, Toronto, ON M5C 1X6