Terms and Conditions

Terms and Conditions
Welcome to PuncHIIT Fitness Inc.!
These terms and conditions outline the rules and regulations for the use of the PuncHIIT Fitness website, located at http://www.punchiit.ca, web portal at http://portal.punchiit.ca and the PuncHIIT Fitness mobile app.
By accessing this website, portal or mobile app we assume you accept these terms and conditions. Do not continue to use PuncHIIT Fitness if you do not agree to take all the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logging onto this website, portal or mobile app and compliant to the Companys terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Clients needs in respect of provision of the Companys stated services, in accordance with and subject to, prevailing law of Nova Scotia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing PuncHIIT Fitness, you agreed to use cookies in agreement with the PuncHIIT Fitness Privacy Policy.
Most interactive websites use cookies to let us retrieve the users details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, PuncHIIT Fitness Inc. and/or its licensors own the intellectual property rights for all material on PuncHIIT Fitness. All intellectual property rights are reserved. You may access this from PuncHIIT Fitness for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from PuncHIIT Fitness
Sell, rent or sub-license material from PuncHIIT Fitness
Reproduce, duplicate or copy material from PuncHIIT Fitness
Redistribute content from PuncHIIT Fitness.
This Agreement shall begin on the date hereof.
Parts of this website, portal or mobile app offer an opportunity for users to post and exchange opinions and information in certain areas of the website, portal or mobile app. PuncHIIT Fitness Inc. does not filter, edit, publish or review Comments prior to their presence on the website, portal or mobile app. Comments do not reflect the views and opinions of PuncHIIT Fitness Inc., its agents and/or affiliates comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PuncHIIT Fitness Inc. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website, portal or mobile app.
PuncHIIT Fitness Inc. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website, portal or mobile app and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant PuncHIIT Fitness Inc. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website, portal or mobile app in the same manner as they hyperlink to the Websites, portals or mobile apps of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website, portal or mobile app information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking partys site.
We may consider and approve other link requests from the following types of organizations:
commonly known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PuncHIIT Fitness Inc.; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking partys site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, portal or mobile app, you must inform us by sending an e-mail to PuncHIIT Fitness Inc. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, portal or mobile app, and a list of the URLs on our site to which you would like to link. Wait 2-3 days for a response.
Approved organizations may hyperlink to our Website, portal or mobile app as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website, portal or mobile app being linked to that makes sense within the context and format of content on the linking partys site.
No use of the PuncHIIT Fitness logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our website, portal or mobile app.
Content Liability
We shall not be hold responsible for any content that appears on your Website, portal or mobile app. You agree to protect and defend us against all claims that is rising on your Website, portal or mobile app. No link(s) should appear on any Website, portal or mobile app that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Your Privacy
Please read Privacy Policy
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website, portal or mobile app. You approve to immediately remove all links to our Website, portal or mobile app upon request. We also reserve the right to amen these terms and conditions and its linking policy at any time. By continuously linking to our Website, portal or mobile app, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website, portal or mobile app
If you find any link on our Website, portal or mobile app that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website, portal or mobile app is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website, portal or mobile app remains available or that the material on the website, portal or mobile app is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website, portal or mobile app and the use of this website, portal or mobile app. Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website, portal or mobile app and the information and services on the website, portal or mobile app are provided free of charge, we will not be liable for any loss or damage of any nature.

Waiver

I hereby agree to participate in the exercise Program (whether onsite or online; herein, collectively the Programs) given by PuncHIIT Fitness Inc. (herein, collectively the Company) and assisting personal trainers (herein, collectively the Trainers), and assisting group fitness instructors (herein, collectively the Instructors), upon the understanding and condition that:

I acknowledge that the Trainers, Instructors or Company have advised me of medical risks that may result from such participation and represent to the Trainers, Instructors and Company that I have consulted my personal physician if I have been advised to do so by the Par-Q and I am physically capable of such participation without injury.

I am aware of the medical risks associated with participating in these sometimes intense exercise Programs including the possibility of injuries resulting from the activities performed such as jumping, weight lifting, stair jumping/running, and all other physical activities associated with the exercise Programs.

I recognize the risks of illness or injury inherent in group exercise or personal training Programs and am participating in the Trainers, Instructors or Company's Programs upon the express agreement and understanding that I am hereby waiving and releasing the Trainers, Instructors and Company from any and all claims, costs, liability, expenses or judgments including attorney's fees and court cost (herein, collectively Claims) arising out of my participation in any programs or any illness or injury resulting there from, and hereby agree to indemnify and hold harmless the Trainers, Instructors & Company from and against any and all such Claims.

I hereby execute and deliver this waiver and release to induce the Trainers, Instructors & Company to permit me to participate in its Programs, and/or I am the parent or legal guardian of a minor participating in these Programs. I have the legal right to consent to and, by agreeing to these terms, I hereby do consent to the terms and conditions of this Release of Liability and Waiver of Claims.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19:

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and local governments and federal and provincial health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

PuncHIIT Fitness Inc. has put in place preventative measures to reduce the spread of COVID-19; however, PuncHIIT Fitness cannot 100% guarantee that you will not become infected with COVID-19. Further, attending class in our PuncHIIT Fitness facilities could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending in-facility classes and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at PuncHIIT Fitness may result from the actions, omissions, or negligence of myself and others, including, but not limited to, PuncHIIT Fitness employees, volunteers, and other participants.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at PuncHIIT Fitness or participation in PuncHIIT Fitness programming. On my own behalf I hereby release, covenant not to sue, discharge, and hold harmless PuncHIIT Fitness, its employees, agents, and representatives, of and from any such claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of PuncHIIT Fitness, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any PuncHIIT Fitness program.


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