Terms and conditions

TERMS OF USE

By using the www.energiecardio.com website, the Énergie Cardio Virtual platform and the Énergie Cardio mobile application, (collectively, the “Platform”) and its related transactional pages and services (collectively, the “Services”), you accept these Terms of Use and Énergie Cardio’s Privacy Policy, which are subject to change without notice. Furthermore, you agree to consult Énergie Cardio’s Terms of Use and Privacy Policy from time to time and acknowledge that your continuing use of the Platform or the purchase and/or use of Énergie Cardio’s services through the Platform means that you have accepted any changes that may have been made.

For the purposes hereof, the terms “Énergie Cardio”, “we,” “us,” and “our” mean the www.energiecardio.com website, the Énergie Cardio Virtual web platform and 9350-6327 Québec Inc. (doing business under the name “Énergie Cardio”, “Énergie Cardio Virtual” or “Réseau Énergie Cardio” a company having its head office at 17755, Lapointe Street, Suite 200, Mirabel (Québec) J7J 0W7 Canada.

In Énergie Cardio’s Terms of Use and Privacy Policy, the term “user” refers to the users of the Platform, including participants in a given activity broadcasted or accessible via the Platform, and the term “instructor” refers to the Énergie Cardio personnel in charge of leading or conducting a given activity broadcasted or accessible via the Platform, whether such personnel are employed by Énergie Cardio or act as independent contractors. Where the context so requires, the use of the masculine gender shall include the feminine.

Disclaimer of Warranty

We make every effort to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents

Termination of the Platform and/or Services

We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to: the Platform, including your account and any of the transactional pages and any of our pages accessible through certain social media Web sites, as well as our Services. We additionally reserve the right to discontinue uploading information to such sites, in which case we shall not be held responsible for any damages that you may incur. All information on this Web site is subject to change without prior notice.

Hyperlinks

The Platform contains hyperlinks that may direct you to the websites of our other service providers or third parties, including internet payment services such as those offered by “bambora a worldlinebrand”. The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to our policies. Therefore, we shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.

Your Use of the Platform

The Platform and Services are made available to you and are provided exclusively for your personal and non-commercial use. You cannot use the Platform in a manner that competes with Énergie Cardio’s activities.

You are prohibited from, and agree to refrain from, transmitting any information or content on the Platform that is disturbing, inappropriate, obscene, fraudulent or likely to offend or expose any person or group of persons.

You are also prohibited from and agree to refrain from transmitting to or submitting to the Platform any information or content that you know to be false or misleading. You are prohibited from, and agree to refrain from, engaging in any activity related to the use of the Platform that constitutes a criminal offence, an unlawful act, an infringement of the rights of Énergie Cardio or of a third party (including users) or a violation of the Terms of Use or the Privacy Policy.
Énergie Cardio will automatically and without notice suspend your access to the Platform and to its services if Énergie Cardio has reasonable grounds to believe that your use of the Platform constitutes or is related to any criminal activity, unlawful act, an infringement of the rights of Énergie Cardio or a third party (including users), a violation of the Terms of Use or Privacy Policy, or attempt to do the foregoing. Énergie Cardio also reserves the right to transmit automatically and without notice any information that Énergie Cardio deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the privacy, integrity, health and well-being of users of the Platform, instructors, members and clients of Énergie Cardio are at risk.

You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform. You may not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information (including participants), or data on the use or any portion thereof for purposes other than those intended for the Platform.

To use the Platform, you must register and create a personal user account. You must be at least 16 years old to register and create an account. You will need to submit to Énergie Cardio personal information such as your name, personal address, your email address, phone number and age as well as register a valid credit card. Your account information must be true, accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. You are responsible for any use of your account resulting from your fault, including your negligence. If you become aware of any unauthorized activity, whether criminal or illegal, you agree to notify Énergie Cardio immediately at the following e-mail address: mondossier@energiecardio.com or by phone at (514) 533-8386

Comments

You can post comments on the Platform about your experience with Énergie Cardio’s services and express your appreciation of an instructor. Énergie Cardio may review your comments before or after they are posted, delay or prevent their publication and may even delete them once posted, especially when your comments are likely to cause injury or damage to others or when they contain personal information or content that may be sensitive, illegal or which do not comply with the Platform’s conditions of use or Énergie Cardio’s recommendations. The purpose of this moderation is to enforce the rules of use of the Platform and to prevent abuse, but does not diminish your responsibility in any way. You must be the author of your comments and they must not violate the intellectual property rights of others. The comments expressed by a user of Énergie Cardio’s services are those of that user and not those of Énergie Cardio.

By posting comments on the Platform, you grant Énergie Cardio a royalty-free, irrevocable, perpetual, worldwide and non-exclusive license to publish, reproduce and distribute said comments by any means of communication controlled or authorized by Énergie Cardio, including social media. You hereby waive any moral right you have on or to your published comments and you authorize Énergie Cardio to modify them to make them easier to understand and to identify you as the author of your comments. Énergie Cardio is under no obligation to publish your comments or keep them accessible, this decision being at its sole discretion.
Énergie Cardio requires all users of the Platform and its services to be respectful and civilized in their comments. You are prohibited from posting comments that are likely to offend or that may expose an individual or group of individuals to hatred or contempt on the basis of race, origin, color, religion, sex, sexual orientation, age, physical or mental disability or other grounds. Your comments must be of a personal, non-commercial nature. Énergie Cardio strongly recommends that you do not post comments containing your personal information.

Indemnification

You agree to indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Platform in violation of the present Terms of Use and Privacy Policy or applicable laws. Énergie Cardio does not assume any responsibility or liability that may arise from any act or omission, unlawful content, transmission or upload by a user.

Disclaimer Clause

You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, Énergie Cardio does not offer any warranty of any kind with respect to the Platform and Énergie Cardio’s services, all provided “AS IS” and “AS AVAILABLE”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES AND CONDITIONS OF QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ÉNERGIE CARDIO IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER ÉNERGIE CARDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE.

In all cases, you acknowledge that Énergie Cardio’s total and aggregate liability for such damages that you may claim and that may be granted to you is limited to $100 Canadian.

IT Security

We comply with the applicable law governing the protection of personal information. In addition, we use encryption techniques to protect the confidentiality of the information exchanged between you and our service provider within transactional pages. We also protect information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances.

E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.

You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices.

Trademarks and Intellectual Property

All content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Platform (collectively, the “Content”), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to Énergie Cardio. You are prohibited from: i) capturing, copying, recording, using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Platform; and iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or their components, including, but not limited to, software, or assist anyone in doing the foregoing. The unauthorized capture, recording and use of the Content displayed or broadcasted on the Platform constitutes an infringement of the intellectual property rights of Énergie Cardio and its licensors, as well as a violation of the integrity and the privacy of the instructors and users, including participants.

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to Énergie Cardio, our service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

Social Media Platforms

Certain pages of the Platform may be accessible through the following social media platforms: Facebook, Instagram, Twitter, YouTube and LinkedIn. Before consulting or using our Platform through these social media platforms, you must read and comply with their respective terms of use and privacy policy.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the Province of Quebec, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute arising out of, or in connection with, the use of the Platform or its services is to be submitted to a Quebec court of competent jurisdiction in the district of Montreal, Province of Quebec.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Énergie Cardio regarding your use of the Platform, Services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. If any portion of these Terms of Use is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms of Use shall be deemed severed and shall not affect the validity or enforceability of the remainder of these Terms of Use.

Enurement

These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns.

Assignment

You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.

Mobile Application

By installing the Énergie Cardio mobile application Platform and its Services, you consent to the activation of the Énergie Cardio mobile application Platform, including the mobile applications “Énergie Cardio” and “Énergie Cardio Virtual” and to all future updates and upgrades thereto. You can withdraw your consent at any time by uninstalling the mobile applications “Énergie Cardio” and “Énergie Cardio Virtual”. To request assistance, please contact Énergie Cardio at mondossier@energiecardio.com.

You acknowledge and understand that the Énergie Cardio mobile application Platform (including any updates or upgrades) will i) cause your device to automatically communicate with our servers or those of our service providers and business partners to deliver our Services’ functionality (as described where you downloaded the mobile application, such as iTunes and Google Play, ii) affect app-related preferences or data stored in your device, and iii) collect personal information as set out in our Privacy Policy. Your telecommunications services provider may impose data charges when you use the Énergie Cardio mobile application Platform and our services or for data charges for the updating or upgrading of the Énergie Cardio mobile application Platform and our Services if you have not restricted updates and upgrades to Wi-Fi connections.