Terms & Conditions
Purchasing and Payments:
- Please read these Terms & Conditions (“Terms”) carefully before accessing and/or using the Platform and/or Service (as defined below). These Terms govern your rights and obligations (whether as a guest or a registered user) regarding the access and/or use of FitIn’s website found at https://fitin.io (the “Website”), mobile application or any Internet service (including any associated software supplied by FitIn) under FitIn’s control or ownership (collectively referred to as the “Platform”). These Terms constitute a legally binding agreement between FitIn Ltd. (including all its subsidiaries, related and/or affiliated companies) (these entities are collectively referred to as “FitIn”, “we”, “us” or “our”), the proprietor of all rights in and to the Platform and/or Service, and you, the user of the Platform and/or Service.
- The Platform is an online platform that allows you to plan and book a variety of fitness activities at participating locations (collectively referred to as “Activities” and the parties providing such Activities are referred to as “Affiliates”) in their city (“Service”).
- FitIn is a technology company that provides the Platform and/or Service but not the Activities. The Platform enables the users to plan and reserve a spot for themselves to perform the Activities. It is up to the Affiliates to offer their Activities to Platform users and it is up to the users to reserve, pay for and participate in such Activities. The Platform and/or Service provided by FitIn is to connect the Platform users with Affiliates, but it does not, nor is it intended to, provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.
- By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms, as amended from time to time. If you disagree with any part of these Terms, you must immediately discontinue your access to and/or use of the Platform and/or Service.
- We may revise or update these Terms at any time by posting a revised or updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access to and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.
- We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. You agree to periodically review these Terms to be aware of any such changes or updates. Your continued use of the Platform and/or Service shall constitute your acceptance of the then-current terms & conditions. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
- Headings are inserted for convenience and shall not affect the interpretation of these Terms.
- For the purposes of these Terms, the word "content" includes any text, photographs, images, graphics, software, source code, apps, specifications, audio files, videos, articles, blogs, trademarks, logos and other information or materials available through the Website or our mobile application.
- You are able to purchase individual Activities at the price displayed at each Activity page. When you purchase an Activity, we will apply your Payment Method immediately upon your purchase.
- Payment Method: You must provide us with a current, valid and accepted payment method (as may be updated from time to time, “Payment Method”) to use the Service. By using the Service, you agree to pay us through the Payment Method. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail. You may edit your Payment Method information by changing it on the “Account Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any unpaid purchases and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing date. We use third party payment service providers, such as Stripe, Inc. or Paypal Holdings, Inc., to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
- Taxes: Your purchase of an Activity is inclusive of applicable sales taxes where required by law. You agree that your fee shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us in claiming or verifying any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
- No refunds: Purchases are not refundable, and we will not refund or credit for any partially used or unused Activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
- You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the Platform that occur under your Account. By ordering and/or accepting delivery of any products or services purchased through the Platform, you agree to be bound by these Terms. You should review these Terms each time you make a purchase.
- Activity search: You may search for Activities and Affiliates and view related information about activity types and times, information about our Affiliates as well as the Affiliates’ locations and other related information including amenities and promotions. We may also feature an Activity as an advertisement on the Platform or on our social media accounts, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Affiliates or Activities.
- Activity reservations: All Activities are updated on a weekly basis. You must reserve an Activity on the Platform in advance before you join the Activity. Some Activities are popular, so make sure you plan in advance. Upon visiting the Activity, you may be asked to show your identity card/passport for verification purposes. Please make sure it matches with your official name in your Account. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first served” and “space available” basis. Activities can be reserved one week in advance and will close daily at 12 a.m., but some Affiliates may have shorter reservation windows. We reserve the right to change, remove or add the Affiliates without notice to you or liability to us.
- Rate and review an Activity: You may rate your experience gained from the Activity or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting FitIn, the Platform and/or Service in any media formats and through any media channels, without further notice to, or consent from, you and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.
- Feedback: If you provide us with any comments, bug reports, feedback, suggestions, improvements or modifications with respect to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes with no payment obligations to you or any other person or entity.
- User Content: If you provide us with other form of content including submission of entries for competitions and promotions (the “User Content”), such User Content remains your property. However, by providing User Content to us, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your User Content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting FitIn and the Platform and/or Service in any media formats and through any media channels, without further notice to, or consent from, you and without the requirement of payment to you or any other person or entity. You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (b) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us. We will not be subject to any confidentiality requirements or obligations with respect to any and all User Content. You understand and agree that you, not us, are fully responsible for any User Content, and you are fully responsible and legally liable, including to any third party, for such User Content and its correctness, truthfulness, currency, accuracy and completeness. We are not responsible or legally liable to you or any third party for the User Content or the correctness, truthfulness, currency, accuracy and completeness of any User Content.
- Late-cancellation and no-show policy: We understand that after making a reservation of an Activity, you may need to cancel such reservation. Each Affiliate will set its cancellation cut-off time. If you wish to cancel your Activity reservation without incurring any costs, you must do so in accordance with the cancellation cut-off time specified by the Affiliate. There will be no refunds (either in the form of money or credit) for any Activities that are not cancelled before the cancellation cut-off time or that you did not attend (no-show). There will also be no refunds for any partially used or unused Activity unless you provide credible evidence to us to prove that you have been wrongly billed. We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have violated these Terms. We reserve the right in our sole and absolute discretion to remove certain Activities from the Platform and/or Service. We shall not be liable for any Activity cancellation by our Affiliates or no-show of our Affiliates nor will we be responsible for any refunds or credits associated therewith. It is the responsibility of our users to obtain any such refund or credit (if any) directly from the Affiliates.
- Communications from FitIn: By signing up with FitIn, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests and Activity reservation and cancellation confirmations. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
- Children: This Website is only open to those who have attained the age of 18 or above. By signing up with FitIn, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may only use the Activities under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.
- Multiple accounts: Every user may only create one Account. Any user who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Affiliates reserve the right to review and investigate all allegations of fraudulent activities and to take any and all measures we deem necessary to ensure compliance with these Terms.
- Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to email@example.com.
- Promotional codes are not transferable, exchangeable, convertible or redeemable for cash.
- Promotional codes may not be combined or accumulated with other offers or promotional codes.
- Promotional codes may only be used pursuant to the specific terms that we establish for such promotional code and you must enter the promotional code into the “Promotional code” field prior to completing the order.
- There is no limitation on the number of referrals that you can make. You can refer as many friends as you like as long as this referral policy is still in effect.
- We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of a promotional code by you or any other user in the event that we determine or believe that the use or redemption of the promotional code was in error, fraudulent, illegal or in violation of the applicable promotional code terms or these Terms.
- We reserve the right to change, suspend, cancel and/or waive the promotional code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.
- You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
- You may access and view the Platform and may save an electronic copy or print out a copy of the content from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable intellectual property notices and other notices on the Platform. You must not modify the paper or digital copies of any content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
- You must comply at all times with any instructions for use of the Platform and/or Service which we make from time to time.
- You must:
- keep your username and/or login password secure;
- not permit any other person to use your username and/or login password and not disclose or provide it to any other person; and
- immediately notify us if you become aware of any unauthorized use or disclosure of your username and/or login password, by sending an email to firstname.lastname@example.org.
- You should be aware that there are inherent physical and mental health risks associated with exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health in relation to the Activities. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Affiliates is entirely at your own risk and you shall have no recourse whatsoever against us or our Affiliates.
- You must not:
- act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
- use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
- attempt to gain unauthorized access to the Platform, other users’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
- license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
- modify or create a derivative work based on the content on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
- link to, mirror or frame any portion of the Platform;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
- intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any users or Affiliates; and/or
- permit third parties (including other users) to attend any Activities reserved under your own Account, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
- You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, affiliates, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
- your access and/or use of the Platform and/or Service;
- your breach of any of these Terms or any applicable law or regulation;
- your dealing with the Affiliates, including your breach of any terms set by the Affiliates or the rights of any third party, including the Affiliates;
- any other party's access and/or use of the Platform and/or Service using your username and/or login password; and/or
- any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.
- Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
- You understand and agree that the Platform and its entire contents, features, interactive functions and functionality, including but not limited to all displays, design, presentation, selection and arrangement, are owned by us, our licensors or other providers of such contents, features, interactive functions and functionality and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. We claim copyright in the Platform to the fullest extent allowed by applicable law.
- The terms “FitIn”, “Fit In as yourself”, “FI”, our logo and all related names, logos, product and service names, designs, images and slogans are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by us, you agree not to display or use in any manner such trademarks, trade names and service marks.
- All other trademarks, trade names, service marks, product names and logos on the Platform that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
Exclusion of Liability:
- While we endeavour to ensure that the content on the Platform and/or Service is correct, no representation, warranty or guarantee, express or implied, is given that it is complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The content on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
- While we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
- To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
- your use of the Platform and/or Service;
- the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
- any error in, or omission from, any information made available through the Platform and/or Service;
- any error in, or omission from, any information made available through the Platform and/or Service;
- any other party's access and/or use of the Platform and/or Service using your username and/or login password;
- any exposure to malicious software including but not limited to, viruses, computer worms, trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
- any website linked from the Platform and/or Service. Any link on the Platform and/or Service to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or the website’s content, operations, products or operators.
- We make no representation, warranty or guarantee:
- that the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited and for your own compliance with applicable local laws;
- that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
- about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Affiliates, such as class times, locations and descriptions; and/or
- about the quality, suitability or safety of the Activities and the qualifications and ability of the Affiliates.
- We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Affiliate who provides the Activities to you.
- To the maximum extent permitted by law:
- your access and use of the Platform and/or Service is entirely at your own risk; and
- we, our respective directors, shareholders, employees, affiliates, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person or entity for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
- To the extent our liability cannot be excluded but can be limited, our liability shall not exceed CAD$5,000 or the aggregate amount paid by you to us through your use of the Platform, whichever is less.
- To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service, shall not exceed CAD$5,000 or the aggregate amount paid by you to us through your use of the Platform, whichever is less.
Suspension and Termination:
- We are not a party to any agreement, dealing or transaction entered into between you and the Affiliate, whether as a result, directly or indirectly, from using the Platform and/or Service and we disclaim any and all responsibilities and/or liabilities arising from such agreement, dealing or transaction.
- If a dispute arises between you and FitIn, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and FitIn at this moment agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or your use of the Platform and/or Service in agreement with these Terms or as you and we otherwise agree in writing.
Links to Other Websites:
- We reserve the right, in our absolute discretion, to monitor any and all access to, and use of, the Platform and/or Service.
- Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
- On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access to the Platform and/or Service.
Third Party Advertising:
- Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
- Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents placed on such websites.
- You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
- We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should discontinue using the Platform and/or Service. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
- If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed immediately after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
- Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within two (2) years after the cause of action occurs. Otherwise, such cause of action is permanently barred.
- For us to waive a right under these Terms, the waiver must be in writing.
- Clauses which, by their nature, are intended to survive termination of these Terms.
- If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable.
- We are based in the Province of Ontario in Canada. We provide the Platform for use only by persons located in Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from any country other than Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
These Terms were last updated on May 16, 2018.