Terms & Conditions

BP8 Fitness Training (referred to as “we,” “us,” or “our”) is the owner and operator of this website and digital applications (Apps). By doing any of the following acts, you agree to be bound by these terms and conditions: 

Downloading Apps: By downloading any of our digital applications (Apps) or any upgrade to an App offered from time to time. 

Using the Website: By using the website. 

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website and any Apps, including our Privacy Policy. 

Terminology:

In these terms and conditions, the expressions “we,” “us,” and “our” refer to BP8 Fitness Training and its affiliates. 

Variation of Terms and Conditions:

We may amend, modify, or update these terms at any time and will make reasonable efforts to notify you of such changes. We may give such notice by posting updated terms on the website and using our reasonable efforts to draw them to your attention. Your continued use of the website and/or any App constitutes an agreement by you that you accept these terms and any subsequent modification of these terms. 

Your Rights Under the Law:

Your use of the website and the Apps will be subject to certain laws, including any consumer protection laws applicable in your jurisdiction. Nothing in these terms and conditions will exclude or modify any rights implied by law that cannot be excluded, restricted, or modified. 

Linked Websites:

1. This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.
2. We are not responsible for the content or privacy practices associated with linked websites.
3. Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites or of any information, graphics, materials, products, or services referred to or contained on those linked websites unless explicitly specified otherwise. 

Information and Features Available on the Website:

1. All tools, features, and information provided by us are provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. Where applicable, we derive our information from sources that we believe to be accurate and up to date as of the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate, or complete, or that your access to that information will be uninterrupted, timely, or secure.
2. To the extent permissible by law, we are not liable for any loss resulting from any action taken or reliance made by you on any information posted by us or the use of the tools or other features made available by us on the website. 

Disclaimer:

1. Subject to clauses 6.2 and 7, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, any App, or any linked website. Nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website or any App.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: 

1. If the breach relates to goods: 
   1. the replacement of the goods or the supply of equivalent goods; 
   2. the repair of such goods; 
   3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or 
   4. the payment of the cost of having the goods repaired; and 
2. If the breach relates to services: 
   1. the supplying of the services again; or 
   2. the payment of the cost of having the services supplied again. 

Exception to Disclaimer:

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded or where it would be unreasonable for us to limit our liability in this manner. 

Specific Warnings:

1. You must take your precautions to ensure that the process by which you access this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference that may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your computer system that arises in connection with your use of this website or any linked website.
2. We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice. 

Copyright:

Copyright in this website (including text, graphics, logos, icons, sound recordings, and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means: 

1. Adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or 
2. Commercialize any information, products, or services obtained from any part of this website; without our written permission or, in the case of third-party material, from the owner of the copyright in that material. 

Trademarks:

1. Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trademark.
2. If you use any of our trademarks in reference to our activities, products, or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: 
   1. In or as the whole or part of your own trademarks; 
   2. In connection with activities, products, or services that are not ours; 
   3. In a manner that may be confusing, misleading, or deceptive; 
   4. In a manner that disparages us or our information, products, or services (including this website).
   5. You must seek permission to use third-party trademarks directly from the owner(s) of those trademarks. 

Restricted Use:

1. Unless we agree otherwise in writing, you are provided with access to this website and our Apps only for your bona fide personal use.
2. You agree that you will not (either yourself or via a third party): 
   1. Use any data aggregation tool, spider, robot, screen scraper, or other automatic device or process (Automated Device) to monitor, process, or reproduce any web pages on the website or any of the information, content, or data contained within or accessible through the website, without our prior written permission; 
   2. Use any Automated Device to combine or aggregate information, content, or data contained within or accessible through the website with information, content, or data accessible via or sourced from any third party; 
   3. Use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly); 
   4. Use any device, process, software, or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it; 
   5. Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of or bandwidth connecting to our website; 
   6. Reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code, algorithm, or process in respect of the software underlying the infrastructure and processes associated with the website; or 
   7. Copy, reproduce, alter, modify, create derivative works, communicate to the public any part of any content from the website without our prior written permission. 

Security of Information:

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. 

Indemnity:

You must indemnify us, our employees, agents, and contractors against any claim by a third party arising out of: 

1. Your breach of these terms and conditions;
2. Your use of the links to third-party websites or material on those websites; or 
3. Your use of the material on our website or obtained via our Apps. 

Termination of Access:

Access to this website or our Apps may be terminated at any time by us without notice. Those parts of these terms and conditions which by their nature continue after termination, nevertheless survive any such termination. 

Governing Law:

1. These terms and conditions are governed by the laws in force in Ontario, Canada. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
2. You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in Ontario, Canada, in accordance with the laws in force in Ontario, Canada (except any principle of conflict of laws inconsistent with this requirement).
3. This website may be accessed throughout Canada and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Canada. If you access this site from outside Canada, you are responsible for ensuring compliance with all laws in the place where you are located. 

General:

1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
3. If any of these terms and conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force. 

Consent to Post User Content

1. Digital Millennium Copyright Act:

We respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted by us, you may contact our Designated Agent at the following address: 

BP8 Fitness Training 

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 

ATTN: BP8 Fitness Training  (Copyright Notification) 

Address:

1828 Blue Heron Dr Unit #26

London, Ontario, Canada

N6H 0B7

Email:

info@bp8fitness.com (Subject: Copyright Notification) 

Any notice alleging that materials hosted by or distributed by us infringe intellectual property rights must include the following information:

• • • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 
    • A description of the copyrighted work or other intellectual property that you claim has been infringed; 
    • A description of the material that you claim is infringing and where it is located on the Service; 
    • Your address, telephone number, and email address; 
    • A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and 
    • A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.