Terms and Conditions

Terms of Use (the “Terms of Use”)

 

Welcome to the GoXPro App (the “App”). By accessing and using the App you, the user (hereinafter referred to as “you” or the “user”) agree to these Terms of Use.

 

IT IS IMPORANT THAT YOU REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APP IN ANY WAY.

 

“GoodLife” means GoodLife Fitness Centres Inc.

 

“GoXPro” means GoXPro Pty Ltd; GoXPro IP Pty Ltd; and GoXPro International Operations Pty Ltd.

 

“We”, “our” and “us” means GoodLife and/or GoXPro.

 

1. Use by Minors

Unless you have express permission from a parent(s) and/or guardian, you must be 18 years old or older to access, purchase from, or otherwise use any services via the App. No one under 13 years old is permitted to use or access the App under any circumstances, even with parental permission.

 

1. Privacy Policy

GoodLife and GoXPro take your privacy seriously. The GoodLife Fitness Privacy Policy, available via the following URL link, addresses and governs GoodLife’s standards and procedures in relation to the collection, use, and disclosure of user personal information: https://www.goodlifefitness.com/privacy-policy.html. Please note, however, that information sent or received over the Internet is generally unsecure and we make no representation or warranty concerning the security of any communication made using the App or any interception by third parties of personal or other information contained in such communications.

 

1. Health Disclaimer

The App may provide physical training, fitness and other information, applications, and content published over the internet and is intended only to assist users in their personal physical fitness efforts. Neither GoodLife nor GoXPro is a medical organization and cannot - and does not - give you medical advice or a medical diagnosis. Nothing contained in the App should be construed as medical advice or a medical diagnosis. The information and reports generated by the App should not be interpreted as a substitute for physician consultation, evaluation, treatment, or good sense and personal judgment about one's own condition.

The risk of injury from participation in a fitness regimen and/or from the performance of any exercise is significant, including the potential for catastrophic injury or death. You should consult a medical professional before undertaking any fitness regimen or exercise program, including any exercises or techniques set forth or described on the App. The text, pictures, and description set forth in the App is for educational purposes only (e.g., the information illustrates and explains various fitness-related and exercise techniques and concepts) and does NOT advise that you or any other particular App user undertake or perform any particular technique or exercise. You agree that you will not undertake or perform any exercise or technique described in this App until and unless you consult with and are cleared by a medical doctor in relation to such participation.

 

1. Disclaimer of Warranties; Limitation of Liability
2. Warranties Disclaimed

NEITHER GOODLIFE, GOXPRO NOR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE APP WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS IS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE MADE AVAILABLE "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. TO THE EXTENT ALLOWED BY LAW, NEITHER GOODLIFE, GOXPRO, NOR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE APP OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OR USE OF GOODLIFE SERVICES VIA THE APP, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS TO (A) THROUGH (C).

2. 
   Limitation of Liability

TO THE EXTENT ALLOWED BY LAW, GOODLIFE, GOXPRO, AND THEIR RESPECTIVE SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE APP THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF GOODLIFE, GOXPRO AND THEIR RESPECTIVE SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, ASSIGNEES, OR AGENTS TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO GOODLIFE FOR USE OF THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

NOTE: SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

1. 
   Indemnification

You agree to indemnify, defend, and hold harmless GoodLife, GoXPro, and their respective service providers, information providers, licensors, employees, officers, directors, assignees, or agents and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including, without limitation, reasonable legal fees, on a solicitor and client basis, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; (ii) arises out of or relates to your use of the App and/or (iii) arises out of your negligence, willful misconduct, or other breach of this Agreement.

 

 

1. Availability

We make no guarantees regarding the availability of the App or any services provided through the App (the “Services”) (including the availability of any given Service). We reserve the right, in our sole discretion, to discontinue the App or any Services available through the App and/or modify the contents of the App or these Terms of Use as we see fit. You agree that we will not be liable to you for any such discontinuance or modification of the App or the Services. We may update our Terms of Use from time to time. We will notify you of any changes by posting the new Terms of Use on this App. By continuing to use the App, you accept any changes to these Terms of Use. If we update the App, you may be required to download the updates if you want to keep using the App.

 

1. Authorized Use

As between you and us, we own: (a) the App and all other content provided on or through the App, including all text, photos, videos, templates, images, icons, software, designs, applications, data, and other content and all intellectual property rights in the content.; (b) all tools, hardware and software used to provide the App; and (c) the graphical design, user interface and the look and feel of the App. You may download and print pages from the App provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Otherwise, you must not copy, imitate, reproduce, republish, upload, post, transmit, modify, index, catalogue, mirror or distribute the App or its content in any way, in whole or in part, without our prior written consent.

 

You may not, and you agree that you will not, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the App. You may not violate or attempt to violate the security of the App, including, without limitation, unauthorized access to data; circumventing authentication mechanisms; or interfering with the App in any way. Framing, mirroring, scraping or data-mining any of the content displayed on or through the App is prohibited.

 

1. Security

 

It is your responsibility to keep your phone and access to the App secure. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss, damages, liability or expenses (including legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. We have the right to disable user access to the App, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

 

1. Internet Access

 

Certain functions of the App will require an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider. If you use the app without Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third-party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory without turning off data roaming.

 

 

 

 

J. Severability

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be the minimum possible such that the severance of the unit results in a valid provision (e.g., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

 

1. Entire Agreement

This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between you and us. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties with respect to the subject matter hereof (App access and use).

 2Choice of Law

This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the laws of the Province of Ontario, Canada. All contracts resulting from or relating to the App, as well as all information and advice provided herein, shall be deemed to been formed, entered into, executed, and/or given/communicated in the Province of Ontario.

 2. Headings For Convenience Only

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain.

 

1. Waiver

The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

 

1. Contact

Please direct all inquiries and other communications relating to the App and/or the Services to:

GoodLife Fitness Centres Inc.

710 Proudfoot Lane

London, ON N6H 5G5

or by email to: members@goodlifefitness.com

 

1. Prohibited Conduct

Use of the App or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of provincial and federal civil and criminal laws and may result in civil and/or criminal prosecution.

Furthermore, without limiting other remedies, we may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the App if you: (1) breach these Terms of Use; and/or (2) take any action that we believe may result in legal liability for you, for us, or for other App users. we reserves the right to deny access to the App and/or any elements of the App to any person at any time and for any reason, as allowed by law.