Terms and conditions

FindaGym
846 ave Mont-Royal East,
Montreal, Qc
H2J 1X1
438-926-5907
info@findagym.ca

 

1) General terms of use of FindaGym (“FG”)

Below you will find the general terms of use for the gym pass services sold on the website by FG.

You acknowledge that FG is an intermediary that facilitates the purchasing of introductory short term passes to various gyms (“Gym” or “Gyms”) that are owned by third parties but who have agreed that FG sells passes to the Gym and conduct their promotion on this website owned by FG (“Website”).

2) Passes offered

Day Pass:

All One Day passes are valid for one single entrance to the Gym for which it was purchased for, and can be used anytime with no time limit.

5 Super pass:

5 Super Pass are multiple single use passes which are sold at a discounted price than the corresponding individual pass. A 5 Day Super Pass will give the user access to the Gym the pass was purchased for 5 times without a time limit.

10 Super pass:

A 10 Day Pass will give the user access to the venue the pass was purchased for 10 times with no time limit.

Monthly passes:

Monthly passes are valid for an uncapped number of entries to the club that they have been purchased and his valid for 30 days.

(all such passes hereinafter referred to as ‘GymPass’)

3) Participating Gyms

Please refer to the list of the gyms partners with FindaGym on our website.

4) Purchasing process for a Gym Pass

Choose a pass type (any one is referred to as “Pass” or “Passes”) and a Gym.

Register on this Website.

In addition to the cost of a Pass, you agree to pay any and all sales taxes applicable.

The Passes are only available for sale on this Website, you cannot buy them directly from the Gym.

You will receive an order and payment confirmation email.

5) Terms and conditions applicable

FG acts as intermediary for the Gyms. This means that the contract for the Gym Services is between you and the Gym. In most cases this will mean that there are additional terms and conditions governing the contract as each Gym will have terms and conditions relating to the Gym Services. Please make sure that you have read these terms and conditions before completing your transaction with us. Where we act as an intermediary, this will mean that we have no contractual liability to you in respect to the Services provided by the Gym . However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any relevant law.

Please read below and accept the applicable terms and conditions for the access and services offered by each Gym (“Service(s)”).

 

(CONSUMER PROTECTION ACT, S. 199)
CANCELLATION FORM
To: …………..
(name of merchant)
…………..
…………..
(address of merchant)
Date: …………..
(date of sending of this form)
By virtue of section 204 of the Consumer Protection Act, I cancel the contract
(No …………..)
(number of the contract if indicated)
made ………….. at …………..
(date when the contract was made) (place where the contract was made)
…………..
(name of consumer)
…………..
(signature of consumer)
…………..
…………..
(address of consumer)
1978, c. 9, Schedule 9.

 

Clause required under the Consumer Protection Act.(Service contract involving sequential performance for instruction, training or assistance)
The consumer may cancel this contract at any time by sending the form attached here to or another notice in writing for that purpose to the merchant.
This contract is cancelled, without further formality, upon the sending of the form or notice.
If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.
If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:
(a)  the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and
(b)  the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered him.
Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”

In addition to the stipulations noted above Gym Services, additional terms and conditions, rules and regulations (”Terms”) are determined by each Gym and your purchase of a Pass as a user (‘User) confirms that you have read and agree to comply with the Terms applicable for using the Gym which are attached hereto for which you have purchased a Pass.

 

The User agrees that any Pass acquired through this Website refers to a Service to be made available by the Gym, and the Gym will solely and entirely respond for the delivery, quality, quantity and regulatory compliance of their Services offered, as well as the accuracy of the information published by the Gym.

The User is aware that FG does not have possession or ownership of the Gym Services or facilities offered through this Website.

6) Modifications of the terms and conditions of use

FG may change at any time these terms and conditions inthis Website, seeking improvement and/or necessary changes.

Whereby the Pass is acquired prior to the modification of the terms and conditions of use and the end of period for such Pass is still active on the date of the modification, the previous wording of the terms and conditions of use will remain in place until the end of period for the Pass.

7) Registration conditions

The registration of a User will only be confirmed after all registration fields on the online form, incuding who to contact in the case of an emergency, are satisfactorily completed.

FG is not responsible for the correctness of personal data entered by its Users. Users guarantee and are liable for the accuracy and authenticity of registered personal data.

8) Gym visit procedure applicable following the purchase of a Pass

A ‘ Pass Code ‘ will be given to you which is a unique numeric code purchased by you and only applies to and is valid to be redeemed at the Gym for entrance to their facilities. On arrival you will be required to present your Pass Code for redemption and in doing so you agree to accept and abide by the terms & conditions of use governing that Gym which can be requested from the Gym on arrival as required.

You are responsible for the security and confidentiality of your Pass Code and all purchasing activity in your account.

Please note that we recommend all of our Gym Partners request that you provide them with proof of identity on arrival at the Gym in order to ensure you are the purchaser of the Pass Code. Acceptable forms of identification typically include passport, driving licence, RAMQ card etc. However, please read the Gym description carefully as a small number of Gym will insist on photographic ID only. Let the Gym receptionist know that you are a FG customer for the receptionist to validate your visit.

Each Pass is linked to an account registered with FG and the Gym and your access at the Gym will need to follow the procedure FG establishes from time to time that will be communicated to the User.

9) Pass Restrictions

Passes do not include any services provided by a personal trainer.

Passes are personal and non-transferable and do not give entitlement to any people, e.g. friends or personal trainers, to accompanying you to the Gym.

Users must observe the relevant legislation regarding use of the Gym. Consideration should be taken where a medical certificate is required by the Gym.

Cancellations of Passes are governed by the Consumer Protection Act Without prejudice to other measures, GF may suspend or discontinue, temporarily or permanently a User’s account if the User: a) fails to comply with any provision of these terms and condition or b) fails to comply with the Terms of the Gym or his/her duties as a User of the Gym.

10) Liability

As a business intermediator, FG is not the owner of the GYM, nor does FG intervene in the supply and/or use of the GYM Services whose acquisition occurs through this Website.

FG will not be responsible for fulfilling the obligations assumed by Users. Users acknowledge and agree that purchased Services from Gym are at their own risk and are sold ‘as-is’ without warranty, legal or otherwise. In no event shall FG be liable for loss or any other damage and/or injury that Users may suffer at the Gym due to the acquisitions made through this Website.

11) Waiver of liability and disclaimer by User

The User acknowledges and agrees that:
(A) the fees and other charges paid for a Pass to FG are for use of the Services at that chosen Gym only;
(B) use of the Gym is at the User’s sole risk and the fees and other charges paid do not include insurance for personal injury to the User, any damages flowing therefrom or damage or loss to User’s property;
(D) the User hereby fully releases FG and any other party or parties related to FG from any and all claims, demands, damages, rights of action, resulting from or arising out of the User’s use of the Gym, including but without limitation, any claims for personal injury or for any theft or damage to the User’s personal property.

12) Use of Website terms and conditions

General Introduction

These terms and conditions govern your use of our Website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

a) Independent support

The User is aware that the traffic of data that gives access to the Website is supported by a service provided by the telecommunication service selected and/or paid for by the User and this is completely independent of FG.

b) Ability to register on the Website

The services of FG are available only to people who have the legal capacity to contract them. Any person who does not have this ability cannot use such services, including minors or people who have been unqualified by FG for any reason.

c) Payment:

FG is responsible for the transactions occurring in this website.
FG is not responsible for the availability, inability or otherwise of the services provided by the payment service provider.

d) Privacy information

FG takes all necessary and available measures to maintain the confidentiality and security of personal data of its Users, however it is not responsible for damage that may be derived from the violation of these measures by third parties using public networks or the internet.

e) Technical considerations

i) Viruses and loss of data

FG is not liable for the impossibility of using this WebSite or for the loss or alteration of data or for any virus that may attack the User’s equipment as a result of accessing, using or browsing the Website; or as a result of the transfer of data, files, images, text or audio either.

ii) Cookies

Each Website owned and operated by FG uses cookies (small text files containing a unique identification number).

Types of cookies:

Session cookies

Used to maintain something called session state. Session cookies are required for the Website to function but are not used in any way to identify you personally.

Permanent cookies

When you visit our Website, we will assign a permanent cookie on the hard drive of your computer. You can view these by looking in the cookies directory of your browser installation. As the name implies, permanent cookies last for a long time and each time you visit our website you send us a copy of them allowing us to identify you from visit to visit. For instance, if you were looking at gyms in Montreal last time you were on the website and the next time you visit us we have a great gym promotion, this cookie enables us to recognize you, so that we can show you that deal. The aim is to enhance your experience whilst on the Website and make sure you don’t miss out on great offers. Cookies do not contain any personal information for example, your name, address, email address, or telephone number, but simply a unique identification number that identifies your computer to us.

f) Intellectual property

The commercial use of the expression “FindAGym” as a trademark, trade name or domain name, as well as programs, databases, networks and files, which allow the user to access and use his/her account, are  properties of FG and are protected by laws and trademarks, patents, and industrial designs. The misuse and total or partial reproduction of these contents are prohibited unless under the express permission of FG.

The Website can link to other sites in the network, which does not mean that these sites are owned or operated by FG. Having no control over these sites, FG will not be liable for the content, practices and services offered therein.

13) Scope of services.

These terms and conditions do not constitute an agreement of partnership, warrant, franchise or employment relationship between the User and FG or between FG and the Gym. THE User is aware that FG is not part of any transaction, nor does it have any control over the quality and safety of Gym, since the Gyms are in such control. FG does not guarantee the veracity of the publications done by third parties that appear on this Website and will not be responsible for the correspondence or other contracts that the User performs with third parties or directly with the Gym.

14) Indemnity

The USER shall indemnify FG, its affiliates, officers, directors, representatives and employees for their breach of these terms and conditions or violation of any law or rights of third parties.

15) Breach or default of User

Any breach or default of the User of this Agreement shall permit FG to terminate, suspend or revoke their Pass.

16) Applicable law and complete agreement

These terms and conditions will be governed by and interpreted in accordance with the laws in force in the Province of Quebec and any litigation will be heard in the judicial district of FG. Les parties ont demandé que ce contrat soit rédigé en anglais.

No amendment of this Agreement shall be binding upon either party unless reduced to writing and signed by both parties.

In the event that any provision of these Conditions of Use is illegal, void or unenforceable for any reason, such provision will be severable from these terms and conditions and will not affect the validity or enforceability of all the other provisions.

These terms and conditions and all the other legal notices or statements posted on the Website represent the entire agreement between us regarding the use of the FG services and Website.

17) User’s certification of understanding

The undersigned User certifies that:

I have read, understand and agreed to the terms and conditions of this agreement applicable for the intermediary services provided by FG on this Website, the use of this Website and the Terms applicable at the Gym.

FG will send you a copy of your contract by email and confirmation of payment for your files.

I agree with these terms and conditions ;________________