Terms & Conditions:
TERMS AND CONDITIONS: Fusion Fitness
These terms and conditions (the "Terms and Conditions") govern the use of
www.fusionfitnessmovement.com (the "Site"). This Site is owned and operated by Fusion Fitness. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Fusion Fitness and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
Harass or mistreat other users of our Site;Violate the rights of other users of our Site;Violate the intellectual property rights of the Site owners or any third party to the Site;Hack into the account of another user of the Site;Act in any way that could be considered fraudulent; orPost any material that may be deemed inappropriate or offensive. If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; andAll personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site: Training Programs;Health Programs; Nutrition Programs; Healthy Lifestyle Products; and Fitness Products.
The following services are available on our Site:
Personal Training;Group Training;Nutrition Advice; andLifestyle Advice.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Subscription may be cancelled at the end of the cycle period. Fees may apply for any early cancellation of a subscription.
Free Trial
We offer the following free trial of our goods and services: New clients have the opportunity to engage in free challenges/trials on a case per case basis; the length of the challenge/trial is client specific. Existing clients my engage in free challenges/trials of new programs or features of the website. Participation in any free challenge/trial, for new or existing clients, is on a case by case basis and not guaranteed.
At the end of your free trial, the following will occur: Clients have the option to sign up for further training, programming, and/or purchase products for a fee.
To cancel your free trial, please follow these steps: Contact [email protected] if you wish to discontinue the free challenge/trial.
Payments
We accept the following payment methods on our Site:
Credit Card; Debit; Direct Debit; and e-Transfer.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods: Standard delivery by post. Delivery takes 5 - 7 business days.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase. If you purchase goods from us for delivery to a destination outside Canada your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Consumer Protection Law
Where the Business Practice and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Fusion Fitness and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Fusion Fitness and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the Province of British Columbia.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Fusion Fitness are unable to resolve any dispute through informal discussion, then you and Fusion Fitness agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Fusion Fitness. Notwithstanding any other provision in these Terms and Conditions, you and Fusion Fitness agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows: [email protected]
You can also contact us through the feedback form available on our Site.
Effective Date: 25th day of September, 2024
Privacy Policy:
PRIVACY POLICY: Fusion Fitness
www.fusionfitnessmovement.com Privacy Policy
Type of website: Ecommerce
Effective date: 25th day of September, 2024
www.fusionfitnessmovement.com (the "Site") is owned and operated by Fusion Fitness. Fusion Fitness is the data controller and can be contacted at:
Purpose
The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:The personal data we will collect;Use of collected data;Who has access to the data collected;The rights of Site users; andThe Site's cookie policy. This Privacy Policy applies in addition to the terms and conditions of our Site.
GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.
Consent
By using our Site users agree that they consent to: The conditions set out in this Privacy Policy. When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful. You can withdraw your consent by: Contact Fusion Fitness via email provided.
Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal bases to collect and process the personal data of users in the EU: Users have provided their consent to the processing of their data for one or more specific purposes;Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: Collection of data to provide excellent services and products to clients and continue to improve offered services and products.;Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract the consequences are as follows: Unable to access offered services or products.; andProcessing of user personal data is necessary for us to comply with a legal obligation. If a user does not provide the the personal data necessary for us to perform a legal obligation the consequences are as follows: Unable to access offered services or products.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information: IP address; Location; Clicked links; and Content viewed.
Data Collected in a Non-Automatic Way
We may also collect the following data when you perform certain functions on our Site:
First and last name; Age; Date of birth; Sex; Email address; Phone number; Address; Payment information; and Auto fill data. This data may be collected using the following methods: Creating an account and personal profile.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy. The data we collect automatically is used for the following purposes:
Statistics
The data we collect when the user performs certain functions may be used for the following purposes: Communication; and Program development.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organization who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
Third Parties
We may share user data with the following third parties: Payment Processor.
We may share the following user data with third parties: Payment information.
We may share user data with third parties for the following purposes: Processing payments for services or products. Third parties will not be able to access user data beyond what is reasonably necessary to achieve the given purpose.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:
If the law requires it;If it is required for any legal proceeding;To prove or protect our legal rights; andTo buyers or potential buyers of this company in the event that we seek to sell the company. If you follow hyperlinks from our Site to another site, please note that we are not responsible for and have no control over their privacy policies and practices.
How Long We Store Personal Data
User data will be stored for five years from the last interaction with Fusion Fitness and/or affiliated sites, marketing, and media platforms. You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
We confirm that we will keep your information secure and that we will comply fully with the Personal Information Protection and Electronic Documents Act (PIPEDA). While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Automated Decision-Making and Profiling
You have a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. You can object to your personal data being used in this way or require a manual review of an automated decision by contacting our data protection officer. We only use automated decision-making and profiling if the decision:
Is necessary to enter into or perform a contract between you and us;Is authorized by EU or member state law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; orIs based on your explicit consent. The decision(s) we make using automated decision-making, the criteria or reasons those decisions are based on, and the significance and consequences of those decisions for you are as follows: Decision: Marketing. Criteria or reasons for decision: Client interaction with the website or social media marketing.Significance and consequences of decision for you: Receiving marketing communication.
Your Rights as a User
Under the GDPR, you have the following rights:
Right to be informed;Right of access;Right to rectification;Right to erasure;Right to restrict processing;Right to data portability; andRight to object.
Children
The minimum age to use our website is 18 years of age. We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our data protection officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our data protection officer here:
Kaplan
Do Not Track Notice
Do Not Track ("DNT") is a privacy preference that you can set in certain web browsers. We do not respond to browser-initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.
Cookie Policy
A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. We use the following types of cookies on our Site: Functional cookies. Functional cookies are used to remember the selections you make on our Site so that your selections are saved for your next visits; Analytical cookies. Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our Site, etc; Targeting cookiesTargeting cookies collect data on how you use the Site and your preferences. This allows us to personalize the information you see on our Site for you; andThird-Party CookiesThird-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes:Monitor user preferences to tailor advertisements around their interests.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Office of the Privacy Commissioner:
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Québec
K1A 1H3
Monday to Friday from 9am to 4pm (ET)
Toll-free: 1-800-282-1376
Phone: 819-994-5444
TTY: 819-994-6591
Contact Information
If you have any questions, concerns or complaints, you can contact our data protection officer, Kaplan, at:
Activity Waiver and Release
Activity Waiver & Release: THIS ACTIVITY WAIVER & RELEASE
This "Agreement"
BETWEEN:
clients of Fusion Fitness the "Participant"
OF THE FIRST PART
AND
Fusion Fitness the "Activity Provider"
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration: Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider. The Participant understands that the Participant would not be permitted to participate in the activity described below unless the Participant signed this Agreement. Details of Activity: The Participant will participate in the following activity: Personal Training and Nutrition Coaching. Concurrent Release: The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns. Fitness to Participate: The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance. Full and Final Settlement: The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same. The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital. Governing Law: This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. Effective date: 25th day of September, 2024. The Participant enters into the agreement with the Activity Provider on the date specified by the Participant when signing the agreement.