If User does not agree with these Terms and Conditions, User may not use the Services.
User further agrees and acknowledges that:
C. ABALDA shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability, methods and tools needed for access or use
The Service is a dual tier multi platform mobile application that allows the Users (i.e. purchasers and service providers) to interact through a commercial social network platform focused around lifestyle and fitness. The main features and functionalities revolve around the ability of Users to share experiences through media uploads and sharing alongside providing a marketplace to create, publish, sell and buy vouchers relating to fitness services and products such as gym memberships, personal training, therapy and dietary supplements.
We reserve the right to amend or modify the Service, extend or reduce functionality or availability of the Service or make any changes we deem necessary or appropriate or to terminate the Service, at any time and without notice to you.
We use a secure third-party payment processor, currently PayPal Canada (PayPal) and Braintree Canada (Braintree). By submitting an order through us, you authorize our designated payment processor PayPal or Braintree, to charge the account you specify for the purchase amount. We do not store your credit card information.
Upon purchasing a voucher from a service provider, the purchaser will be directed to complete the transactions using either his/her Paypal account or all other options allowed through Braintree payment processing gateway. Payments can be made by Visa, MasterCard or any other credit cards accepted by Paypal and Braintree. The purchaser shall be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the purchase. If the purchaser does not pay such sales or other tax or fee on a transaction, he/she will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale. For any issues with service providers the purchaser will need to contact us on email@example.com.
Once a voucher is purchased, ABALDA will reserve its fees and will pay the net amount to the service provider after the Purchaser scann the voucher and receive the service. Service providers will be paid on a fortnightly basis. All vouchers scanned will be paid during each payment cycle. Service providers will have to specify and validate theirPaypal account email address in order to receive the due payments at each payment cycle. The proceeds of the vouchers bought but not consumed will be withheld by ABALDA until they scanned.
ABALDA shall have the right to change its fees at any time upon its discretion without providing notice to the Users.
a) We may terminate your use of the Service:
i) at any time without cause by providing you with an electronic notification seven days before the actual suspension of the Service; or
b) You may terminate your use of the Service with or without cause at any time.
We will use reasonable efforts to remove all links to your websites within a reasonable period from your termination of your service. We will not refund any fees paid to us in connection with the Service except as expressly provided above.
You are solely responsible for the information and content (including without limitation text, photos, video) that you upload, publish or display (hereinafter, "post") on or through the Service or Proxfit App, (collectively the "User Content") and you grant us a non-exclusive license to display the same. You understand and agree that we may, but are not obligated to, review Proxfit App and may delete or remove (without notice) or User Content in its sole discretion, and which may be exercised arbitrarily, including User Content that in our sole judgment violates this Agreement, or which might be misleading, offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. We will do regular backups of User Content however this service is not guaranteed (See Disclaimer of Warranties). For this reason, you are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on Proxfit App or provide to us.
You agree that:
a) you may not post any product that is not belong to you or your service;
b) you may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs;
c) you may not post any content that is infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity;
d) you may not promote, encourage or solicit illegal activity of any kind;
e) you will provide accurate, current and complete information about you as may be prompted by any registration forms on Proxfit App;
f) you will maintain the security of your password and identification;
g) you will maintain and promptly update the registration data, and any other information you provide to us, to keep it accurate, current and complete; and
h) you will be fully responsible for all use of your account and for any actions that take place using your account.
We grant you the right to display the link to Proxfit App and proxfit.com at your website(s) and the nonexclusive right to display publicly our trademark “PROXFIT” in the form authorized by us. Any goodwill associated with our trademarks automatically vest in us.You grant us the right to display the link to your website at Proxfit App and the nonexclusive right to display publicly your trademark in the form presented by you to us. Any goodwill associated with your trademarks automatically vest in you
“PROXFIT” and certain product or feature names mentioned on Proxfit App are our trademarks. Other product and company names mentioned on Proxfit App may be trademarks and/or service marks of their respective owners.
We and our users may provide links to other web sites or resources. You acknowledge and agree that we are not responsible for the availability or security of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
You expressly agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any of your User Content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We do not warrant that use of the Service by you or other user will be uninterrupted, always available, error-free or will meet your requirements, or that any defects will be corrected.
We disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or title. We make no warranty or representation regarding the results that may be obtained from the use of the Service, regarding the accuracy or reliability of any information obtained through the Service, regarding any transactions entered into through the Service, that defects will be corrected, or that the Service will meet any of your requirements, be uninterrupted, timely, secure, or error free.
We make no warranty regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
YOU AGREE TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, THE VIOLATION OF THIS AGREEMENT BY YOU, OR THE INFRINGEMENT BY YOU, OR OTHER USER OF THE SERVICE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY ARISING OUT OF YOUR CONTENT, YOUR PROVISION OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES TOANY PERSON INCLUDING WITHOUT LIMITATION CLAIMS BY THIRD PARTIES UNDER WARRANTIES GIVEN BY YOU OR CLAIMS THAT THE PRODUCTS OR SERVICES PROVIDED BY YOU ARE DEFECTIVE OR NOT SUITABLE.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF THE SERVICE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED CDN$100 DOLLARS CANADIAN.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This agreement shall be interpreted, construed and governed by the laws of the Province of Ontario, Canada, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in a provincial court in Ontario, Canada. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts and appellate courts thereto to the exclusion of any other jurisdiction or venue. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the Courts of the Province of Ontario. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in our opinion, such action is necessary or desirable.
Before commencing any arbitration in the manner set out below, you and we shall first attempt to resolve any dispute or differences between us by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. You and we shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless and until the good faith negotiation fails.
Arbitration shall be final, binding and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. pursuant to The Arbitration Act (1991) S.O. 1991 Chapter 17 if a domestic arbitration and otherwise pursuant to the International Commercial Arbitration Act, R.S.O. 1990, Chap. I.11. Judgment on upon the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof. The Arbitration Tribunal shall consist of one (1) arbitrator. The place of the arbitration shall be in Ottawa, Ontario. The language of the arbitration shall be English. The arbitration award shall be given in writing and shall be final, binding on the parties, not subject to any appeal, and shall deal with the question of costs of arbitration and all matters related thereto.
Judgment upon the award rendered may be entered into any court having competent jurisdiction, or application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be.
Personal Information is information about you that identifies you as an individual, for example, your name, address, email address, or telephone number.
We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Tell Your Story forms and the like. We may also ask you to provide additional information if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.
Before forwarding us any personal information, please be advised that any information gathered may be used in the aggregate for research and development relating to Proxfit App and/or for future mobile application development. We may also use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the Content of Proxfit App to your needs by collecting information about your preferences through tracking of patterns page views on Proxfit App; to create a profile relating to you in order to show you the content that might be of interest to you and to display the Content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.
With your permission at the time of registration or submission, your information may be used by us for marketing and promotional purposes. If you object to such use for any reason, you may prevent that use, either by email request or by modifying the registration information provided. ABALDA uses reasonable efforts to maintain Users' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please email us on firstname.lastname@example.org
ABALDA, in common with many mobile application and web site operators, may use standard technology called "cookies" on its Proxfit App. Cookies are small data files that are downloaded onto your computer when you visit Proxfit App. You can disable cookies by turning them off in your browser; however, some areas of Proxfit App may not function properly if you do so.
You hereby acknowledge and confirm that ABALDA may collect, use and disclose or transfer your personal information as permitted by the applicable laws.
Without prejudicing the generality of the foregoing, you acknowledge and confirm that ABALDA may disclose you personal information under the following circumstances;
- to Canadian and other governmental competent authorities as required, if you are reporting an adverse event or side effect;
- to a court, administrative tribunal, governmental authority or other body authorized to compel the disclosure of your personal information, for the purpose of complying with legal requirements such as a law, regulation, search warrant, subpoena, or court or administrative order, or as otherwise required or permitted by applicable law;
- if the rights or property of ABALDA, its subsidiaries, affiliates, third party service providers or the users of our website may be compromised;
- if the personal safety of users of our website or other members of the public may be compromised; and
Please note that as any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information under circumstances that are different than those that apply in Canada.
We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. ABALDA applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.
Although we employ technical security measures to protect the confidentiality of your personal information, no transmission over the Internet can be guaranteed to be completely secured. Therefore, ABALDA, its subsidiaries, affiliates, third party service providers and their respective directors, officers, employees and agents do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations and do not accept any liability for personal information submitted to them nor for your or third parties’ use or misuse of personal information. Further, it is your responsibility to safeguard the confidentiality of your passwords that allow you access to secured areas of Proxfit App.
BY PROVIDING US WITH YOUR PERSONAL INFORMATION, WE WILL ASSUME THAT YOU HAVE CONSENTED TO OUR COLLECTION, USE AND DISCLOSURE OF THAT PERSONAL INFORMATION FOR THE PURPOSE SPECIFIED, OR THE PURPOSE DESCRIBED, IN THIS DISCLOSURE, AT THE TIME OF COLLECTION