Terms and Conditions

TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") govern the use of www.becauseyoucanstrong.ca... "Site"). This Site is owned and operated by Lynne Loiselle. 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 Lynne Loiselle and the Site's creators. This includes, but is not limited to images, videos, 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.

Physical ability, Medical clearance and Responsibility

As with all exercise programs, when using our exercise videos and participating in Zoom classes, you need to use common sense.  To reduce and avoid injury, you will want to check with your doctor before beginning any fitness program.  By performing any fitness exercises, you are performing them at your own risk.  Because You Can Fitness, Because You Can Strong and Lynne Loiselle will not be responsible or liable for any injury or harm you sustain as a result of our fitness program, online fitness videos, live Zoom classes or information shared on our website.  This includes emails, videos and text. 

Use of personal equipment
You understand that the use of resistance bands, dumbbells and any other equipment used while doing classes with the online videos or Zoom sessions is entirely at your own risk.  You understand that resistance bands may break while being used and may cause injury.  You agree to inspect your equipment regularly and assume all responsibilities for failed equipment. You agree to watch the videos "Care and Storage" and "Safety" in the Introduction to Resistance section.

Accounts
When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
   
2. All 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 Services
These Terms and Conditions govern the sale of services available on our Site.

The following services are available on our Site:

• Online recorded fitness video classes; and
  
• Online live Zoom fitness classes.
  

The services will be paid for in full after the 7 day free trial.

These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our 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 services we provide. You agree to purchase 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.

Lynne Loiselle reserves the right to modify, change or cancel live Zoom classes based on poor attendance, holidays (both statutory holidays and personal holidays) or any other reason that is deemed sound.  There will be no refunds given if number of classes diminish due to poor attendance or classes cancelled due to holidays.

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: Subscriptions may be cancelled at any time by logging into your account and cancelling your membership in the "Billing" section. Please note that there are no refunds for partially unused membership periods.

Free Trial
We offer the following free trial of our services: A 7 day free trial that begins when users register for a new account.  The free trial includes unlimited access to all recorded videos on our site and live Zoom classes.

At the end of your free trial, the following will occur: You will automatically be billed our monthly or annual subscription rate, based on your initial selection when creating your account.  If you do not want to be billed, you will need to cancel your subscription before your free trial ends.

To cancel your free trial, please follow these steps: Once signed into your account, you can cancel your free trial by clicking My Account or Dashboard from the top navigation menu. Select Billing and locate your subscription plan at the bottom of the page.  Click Change Plan and Cancel Membership.

Payments
We accept the following payment methods on our Site:

• Credit Card.
  

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. 

Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:

• There are no refunds for partially unused membership periods.

Communications

By using the services of www.becauseyoucanstrong.ca&nbs... consent to receiving electronic communications from us. These communications will include: emails about account, password, access, marketing, transactional and other information related to our services and to your account.

Consumer Protection Law
Where the 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.

Limitation of Liability
Lynne Loiselle 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 Lynne Loiselle 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 Alberta.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Lynne Loiselle are unable to resolve any dispute through informal discussion, then you and Lynne Loiselle 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 Lynne Loiselle. The costs of any mediation will be shared equally between you and Lynne Loiselle.

Notwithstanding any other provision in these Terms and Conditions, you and Lynne Loiselle 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:

(587) 433-3917
lynne@becauseyoucanfitness.ca
140 Flavelle Rd SE, Calgary, Alberta, T2H 1E9

You can also contact us through the contact form available on our Site.

Effective Date: 1st day of March, 2022