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Terms and Conditions

 

These Terms and Conditions apply to your use of Peachey Consulting Inc.’s website located at www.coachpeachey.com (the “Website”), and the services offered by Coach Peachey (the “Services”) to our users and customers (the “User” or “You”). By using any of Coach Peachey’s Services, visiting the Website, or completing the sign-up process, you are deemed to have read and agreed to the following terms and conditions: 

 

About the Service

 

Coach Peachey is an online personal fitness training service, designed to provide you with easy access to fitness, coaching and information to promote positive health and lifestyle habits.  Coach Peachey provides our Services to Users in the Province of Ontario, throughout Canada, and internationally, where permissible by local law. If you are accessing our Website or Services from a jurisdiction outside Canada, you hereby acknowledge agree that your use of the Website or Services shall, to the greatest extent permitted by applicable law, remain at all times subject only to the laws of Ontario and Canada. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any User at our discretion. 

 

Coach Peachey makes every effort to ensure materials on the Website are displayed accurately with the same colours and images across different computers and devices. However, Coach Peachey cannot guarantee that your computer or device will accurately or consistently display image colours and sizing. 

 

User Options

 

Coach Peachey offers our fitness training programs in three distinct formats, to give you the choice and control over your fitness journey. We offer both personalized ("Personalized Coaching") and group ("Group Coaching") online coaching, available for sign-up through the website, and digital workout programs which can be downloaded from the Website and completed on your own schedule (the “Digital Workout Program”). 

 

Our Personalized Coaching services are available to individuals looking for an in-depth, customized fitness training experience. Coaching is provided remotely via the mobile application Trainerize. Throughout the duration of your coaching contract you will be able to  communicate with and receive feedback from Coach Peachey via the messenger function of the Trainerize App. To apply  for Personalized Coaching, you may complete our application form located at LINK (the “Sign-Up Form”). Upon sign-up, you will be permitted access to the Trainerize app at which point you will be prompted to complete the “Sign-Up Form”. You will be required to provide your first and last name, email address, age, weight, and relevant health and wellness information through the Sign-Up Form. After completing the Sign-Up Form, we will send you our coaching contract by email for your review (the “Coaching Contract”). Upon return of the signed Coaching Contract and deposit payment, as specified in the Coaching Contract, we will get started with setting up your Personalized Coaching plan.  

 

All Personalized and Group Coaching services are provided through a third party mobile application, Trainerize. In order to sign-up for and access Personalized Coaching, you must download and register for Personalized Coaching through Trainerize. On the Trainerize App, you will be prompted to provide your registration data and, once logged on, you will be able to interact with Coach Peachey via the messaging function. You can expect a response to messages within the Trainerize App from Coach Peachey within 24 hours during the week and within 48 hours on the weekends unless otherwise communicated by Coach Peachey. Within the Trainerize App you will be able to view, record and comment on your workout progress which Coach Peachey will monitor. You will also have access to the calendar function that outlines your weekly workout schedule. Adjustments to the program will be provided on an as-needed basis determined by Coach Peachey.

Website Users can also sign-up for Group Coaching online through the website at LINK. Group Coaching is provided through the Trainerize mobile app. All individuals within the Group Coaching program will be given the same fitness program. Customization is not available. Users will have the option to message with Coach Peachey within the Trainerize app Group Coaching function. Messages will be responded to within 24 hours during the week and 48 hours on the weekends. Upon sign-up for Group Coaching users will be granted access to the Trainerize mobile app and prompted to sign in and fill out the initial consultation form. Users will be required to provide basic health information including age, height, weight and email address.

Website Users can also download our Digital Workout Programs, which are available for purchase online. All Digital Workout Programs are provided in .PDF format and are available for direct download upon completion of purchase. Our Digital Workout Programs are designed to provide you with smart and effective workout plans and tips to help you attain your fitness goals on a schedule that you can work through at your own pace . We offer a variety of different Digital Workout Programs designed to help you train for different  fitness goals. Digital Workout Programs are available through the Website, and are subject to change from time to time. 

 

When using the Website and our Services, you acknowledge and agree that you will (1) provide true, accurate, current and complete information about yourself as prompted by the Website (“Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. You must at all times provide accurate and truthful information regarding your identity when completing the Sign-Up Form or a purchase through the Website and may not complete the Sign-Up Form or a purchase for another individual without their explicit written permission. Coach Peachey reserves the right to suspend or cancel your access to the Services at its sole discretion at any time and for any reason upon notice to you. 

 

You are responsible for updating your account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted. 

 

Users are responsible to ensure that all User generated content (“User Content”) complies with our Site Content Standards detailed herein. User Content will be stored using our secure Firebase cloud server for all active Users but may be deleted upon termination of the Services. User Content will never be shared or utilized by Coach Peachey other than as necessary for the provision of its Services. The Website may be accessed via third party web browser access at www.coachpeachey.com. 

 

Coach Peachey also reserves the right to suspend or end the Services if you are found to be in breach of these Terms and Conditions, or for any other reason subject to these Terms and Conditions.

 

Fees

 

All service agreements must be entered directly between the User and Coach Peachey. Fees for the Digital Workout Program are specified on our Website and are subject to change at any time in our sole discretion and fees for Personalized Coaching are set individually in your Coaching Contract (the “Fees”). Additional fees may apply for some Services. Fees may vary due to tax rates in various provinces across Canada and internationally. If you desire a quote for a custom product or service, please contact us at [email protected]. 

 

All prices are shown in Canadian Dollars (CAD) and are exclusive of applicable taxes and shipping costs.

 

Coach Peachey accepts no liability to complete any transaction which cannot be cleared by Coach Peachey’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to us.

 

All User payments must be paid immediately at the time of purchase or in accordance with your Coaching Contract. Payments may be processed through a third-party payment processing service from time to time. Users shall make all payments in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. Coach Peachey reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the User, subject to any agreed-upon terms in a signed Coaching Contract.

 

Taxes

 

You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify Coach Peachey for any liability or expense we may incur in connection with such Sales Taxes. You may be required to provide Coach Peachey with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Coach Peachey is permitted to pass to its Users, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

 

Cancellation and Refund Policy  

 

Coach Peachey reserves the right to terminate any Services for any reason at any time, including the ending of services that are already underway, subject to the terms in a signed Coaching Contract. If any payment processing request is rejected at any time for any reason, the Services shall be immediately terminated and you will be notified of the termination within ten (10) business days thereafter. 

 

Digital Workout Programs are non-refundable. Our Personalized Coaching services may only be cancelled subject to the terms in a signed Coaching Contract. No refunds shall be offered where a Service is deemed to have been completed by Coach Peachey in its sole discretion. Refunds may also be available on a case-by-case basis at Coach Peachey’s sole discretion by contacting [email protected].

 

Intellectual Property Rights and Ownership

 

Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, Coach Peachey grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, including content downloaded from the Website, solely as permitted under these Terms and Conditions (the “License”). Coach Peachey and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by Coach Peachey for any reason at Coach Peachey’s sole discretion.

 

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Coach Peachey, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.  

 

You further understand and agree that upon downloading a Digital Workout Program or accessing a Personalized Coaching session, you are being granted a perpetual, royalty-free, worldwide, non-exclusive right and license (the “Download License”), to freely display the audio, text, image, and video content contained in the Digital Workout Program or Personalized Coaching session, as applicable, and to retain copies of such audio, text, and video content for your personal, non-commercial use. The Download License does not include Coach Peachey’s background intellectual property, which are retained by their respective creators outside of this Terms and Conditions. The Download License also does not grant you any right in the content, features, functionality, software, code, text, servers, databases, confidential information, displays, graphics, photographs, text, video, and audio, and the design, presentation, selection, and arrangement thereof, which are owned or used by Coach Peachey, and which were not specifically developed or provided to you for your sole and exclusive benefit.

 

The “Coach Peachey” name, Coach Peachey logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of Coach Peachey or its affiliates or licensors. You must not use such marks without the prior written permission of Coach Peachey. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners.  

 

Use of any of Coach Peachey’s intellectual property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, the Digital Workout Programs, or the Personalized Coaching sessions, in any form or medium whatsoever except:  

 

(a) Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and  

 

(b) a reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.   

 

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.  

 

If you print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Coach Peachey. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

 

Conditions of Use and Site Content Standards

 

Definitions:

 

For the purposes of this Section, the following definitions shall apply:

 

  1. “Business/Service Interruption” means any delay or stoppage to the Services forced upon Coach Peachey by reasons which could not have been reasonably foreseen or prevented;

  2. “Computer Security” means the programs and software Coach Peachey utilizes to protect its and its User’s Data;

  3. “Cyber Extortion” means any direct or indirect attempt to coerce Coach Peachey or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;

  4. “Data” means any electronic information, text, image, video or other code provided to, or in the possession or control of, Coach Peachey.

  5. “Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, pandemics or epidemics, government-mandated lockdowns, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;

  6. “Information” includes Personally Identifiable Information, Data, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the User and/or Coach Peachey;

  7. “Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.

  8. “Personally Identifiable Information” means any information that alone or in combination with other information held by Coach Peachey can be used to specifically identify a User;

  9. “Security Breach” means any compromise of Coach Peachey’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed

 

Coach Peachey takes our User’s security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, Coach Peachey shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of Coach Peachey. Further, in such event, Coach Peachey shall not be held liable or responsible for any interruption to the Website or the Services that is a direct or indirect result of:

 

  1. The plagiarising of any other User’s data;

  2. The alteration, corruption, destruction, deletion, or damage to data stored on Coach Peachey’s computer systems;

  3. Data loss, damage or Inability to access data and/or intellectual property infringement that is caused by a security breach, unforeseen or reasonably unpreventable computer hardware, software or firmware failure, or satellite or internet failure;

  4. The failure to prevent transmission of malicious code from Coach Peachey computer systems to computer or network systems belonging to a User or related third party;

  5. The failure to prevent a loss or threat caused by cyber extortion.

 

Coach Peachey shall not be held responsible or liable for any damage or loss to a User’s data, intellectual property, or documentation which result from a force majeure event.

 

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions. These content standards apply to any and all content, material, and information a User submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, and to other users or other persons (collectively, “User Submissions”). Without limiting the foregoing, you warrant and agree that, when using the Website or the Services, you shall not: 

 

  1. Violate any applicable federal, provincial, local, or international law or regulation or submit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our privacy policy;

  2. Upload or cause to be displayed on or through the Website any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable; 

  3. Provide or contribute to any false, inaccurate or misleading information;  

  4. Impersonate or attempt to impersonate Coach Peachey, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);

  5. Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation; 

  6. Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Coach Peachey or users of the Website or expose them to liability;

  7. Promote any illegal activity, or advocate, promote, or assist any unlawful act;  

  8. Give the impression that content you created originated from or is endorsed by Coach Peachey or any other person or entity, if this is not the case;

  9. Plagiarize any other User’s content or creations; or

  10. Reproduce or use without authorization any copyrighted material.

 

Availability 

 

Unless otherwise stated, the Services featured on this Website are available within North America and internationally, where permissible by law and subject to local rules and regulations. All advertising is intended solely for the Ontario, Canada market. The User is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website. Redistribution or republication of any part of the Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Coach Peachey. Coach Peachey does not warrant that the Services or the Website will be uninterrupted, timely or error free, although it is provided on a best-efforts basis.  

 

Coach Peachey endeavours to ensure that the content on the Website (the “Content”) is complete and current. However, Coach Peachey does not warrant as to the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Coach Peachey be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.  

 

Force Majeure

 

Coach Peachey shall not be liable for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, pandemic, epidemic, government-mandated lockdown, insurrection, riot, civil unrest, act of civil or military authority, uprising, pandemic, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of the Services or of an agreement or contract entered into with Coach Peachey, which termination could have been reasonably foreseen. In such event, Coach Peachey shall forthwith inform the other party and shall use all reasonable endeavours to comply with the terms and conditions of any agreement entered between the parties.

 

Third Party Terms of Agreement

 

You must comply with applicable third party terms of agreement when using the services of a third party contracted by Coach Peachey.

 

Notification of Changes

 

Coach Peachey reserves the right to change these conditions from time to time as it sees fit and the continued use of the site will signify user’s acceptance of any adjustment to these terms. If there are any changes to the privacy policy, Coach Peachey will announce that these changes have been made on the homepage and on other key pages on the Site. If there are any changes in how Coach Peachey uses Registration Data, notification by e-mail or postal mail will be made to those affected by this change. Any changes to the privacy policy will be posted on the Website 30 days prior to these changes taking place. The User is therefore advised to re-read this Terms and Conditions and Privacy Policy on a regular basis.

 

Disclaimer of Warranties

 

You understand and agree that your use of the Services, the Website, its content, and any Services through the Website is at your own risk. The Website, its content, and any Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.  

 

Neither Coach Peachey nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Website or its contents. Without limiting the foregoing, neither Coach Peachey nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Website, its content, or any services or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.  

 

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services, the Website, or your downloading of any material posted on the Website, or on any website linked to it.

 

Limitation on Liability – User Privacy

 

COACH PEACHEY TAKES USER SECURITY AND PRIVACY VERY SERIOUSLY. WE UTILIZE A NUMBER OF PRECAUTIONS INCLUDING REMOTE MONITORING SOFTWARE, EXTERNAL BACKUPS, AND COMPUTER FIREWALLS. HOWEVER, COACH PEACHEY CANNOT AND SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE OR INJURY CAUSED DIRECTLY OR INDIRECTLY BY A DATA BREACH OR ANY OTHER LOSS OF USER DATA WHICH WAS OUTSIDE OUR CONTROL. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL USER DATA, WHETHER IN ELECTRONIC OR PHYSICAL FORM, AND REGARDLESS OF WHETHER SUCH DATA WAS PRODUCED BY COACH PEACHEY OR PROVIDED BY THE USER. 

 

Limitation on Liability – Website & Services

 

Subject to applicable law, under no circumstance will Coach Peachey, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with (1) your experience while participating in Personalised Coaching or using a Digital Workout Program, (2) your interactions with the Website and Services, (3) your use or misuse of information provided to you by Coach Peachey, (4) your level of engagement with a particular Personalised Coaching session or Digital Workout Program (6) any interruptions to the Services or the Website, (7) your use, inability to use, or reliance on the Website, any linked websites or such other third party websites, (8) your use of any Website content, materials, postings, or information thereon, or (9) the violation of these Terms by you or a third party.

 

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHER THAN IN THE EVENT OF A FINDING OF GROSS NEGLIGENCE BY AN ONTARIO COURT, COACH PEACHEY’S TOTAL LIABILITY TO YOU SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE TOTAL AMOUNT OF ALL MONIES PAID BY YOU TO COACH PEACHEY.

 

WAIVER

 

PLEASE READ THE FOLLOWING CLIENT WAIVER CAREFULLY. YOU MUST ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS WAIVER PRIOR TO STARTING ANY PERSONALISED COACHING OR DIGITAL WORKOUT PROGRAMS.

 

In consideration for the use of Coach Peachey’s Personalised Coaching services and/or Digital Workout Programs, the User (herein “I”) agrees to Coach Peachey’s Waiver and its terms and conditions, as follows:

 

I hereby understand and acknowledge that the physical training, programs and workout sessions held with Coach Peachey may expose me to many inherent risks, including accidents, injury, illness, or even death. I assume all risks associated with participation including, but not limited to, falls, over-exertion, contact with other participants, the effects of climactic conditions, including high heat and/or humidity, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in any activity with Coach Peachey. 

 

I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in. After having read this waiver and knowing these facts, and in consideration of Coach Peachey acceptance of my participation and furnishing of their Services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND FOREVER RELEASE AND DISCHARGE Coach Peachey, its owners, employees, agents, officers, instructors, programs, organizers, representatives, successors, volunteers, and operators from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in Coach Peachey training, fitness or performance programs and/or events, including but not limited to Personal Coaching or Digital Workout Programs, whether foreseen or unforeseen, including those allegedly attributed to the above mentioned parties; and further to save and hold harmless Coach Peachey from any claim by me, or my family, estate, heirs, tranferees or assignees, arising out of my enrollment and participation in Personal Coaching or a Digital Workout Program. 

 

Indemnification

 

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Coach Peachey, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions, your interactions with the Personalized Coaching services or a Digital Workout Program, or your use of the Website, including, but not limited to, your purchase of Services through the Website, your use of third party sites, or any use of the Gamifications or any other Website content, services, and products other than as expressly authorized in these Terms and Conditions.

 

Governing Law and Jurisdiction

 

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.  

 

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

 

No Assignment

 

This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.

 

Injunctive Relief

 

Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that Coach Peachey may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.

 

Amendment to Terms

 

These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Coach Peachey.

 

Independent Legal Advice

 

By using Coach Peachey website, purchasing any items through Coach Peachey, or using Coach Peachey’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.

 

No Waiver for Non-Enforcement

 

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.  

 

Failure of Coach Peachey to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. 

 

Severability

 

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Entire Agreement

 

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Coach Peachey regarding the Website and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

 

Communications

 

Coach Peachey reserves the right to contact you from time to time for feedback regarding our Products and Services. We will also contact any User who files a complaint with Coach Peachey regarding a representative of Coach Peachey or the Services overall. Notices to Users will be deemed effective at the time they are sent by Coach Peachey or as of the date they are posted on the Website.

 

Maintenance and Support

 

Coach Peachey is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If you notice a problem or error on the Website, you can report it to [email protected]. 

 

Company Name and Address

 

Coach Peachey’ contact information for any end-user questions, complaints or claims with respect to Company Properties is [email protected]. 

 

Arbitration

 

In the event of any dispute relating to or arising out of your use of these Terms and Conditions, such dispute shall be settled and determined by a single arbitrator in accordance with the Arbitration Act of Ontario. If you and Coach Peachey are unable to agree on an arbitrator within fifteen (15) days after Coach Peachey is made aware of the dispute, then the parties shall submit the matter to the ADR Institute of Ontario (or is successor), which shall choose the arbitrator. The decision of the arbitrator shall be final and binding without appeal on questions for law or fact or for any reason whatsoever.  Costs of the arbitration shall be shared equally between you and Coach Peachey. In the event arbitration is not allowed by law, any other action must be brought only in the courts of Ontario, Canada.