Body Empowerment Club™ Terms & Conditions
Words You Need to Understand
“Agreement” or “contract” means all of: the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Courses, Products and Services, or Course Materials.
“Company”, “we”, “us” or “me” means 12966832 Canada Inc., Body Empowerment Club™ (BE Club™)
“Courses, Products and Services” mean any paid course, product or service, group training or session including but not limited to a masterclass, e-course, downloadable information product, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Courses, Products, and Services may be delivered in ways including but not limited to, Zoom, webinars, videos, audios, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group courses including but not limited to masterclasses, workshops, events, retreats, seminars, or trainings.
“Course Materials” mean any video, audio, printed or written text or work including but not limited to online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes or through our Courses, Products and Services.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Course Materials or any other information accessed or purchased through our Courses, Products and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
HOW YOU MAY USE OUR COURSES, PRODUCTS AND SERVICES AND COURSE MATERIALS
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
Our Courses, Products and Services, and Course Materials are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Courses, Products and Services, and Course Materials in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
You may download and/or print Course Materials for your personal use.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Course, Product and Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
Information You Must Not Share with Others.
As a Licensee, you understand and acknowledge that our Courses, Products and Services and Course Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
When you enroll in or purchase any of our Courses, Products and Services, you agree that you are clearly and expressly prohibited from doing any of the following acts:
- You will not copy, share or steal our Courses, Products and Services, or Course Materials or any parts of them.
- You will not in any way use, copy, adapt or represent any of our Courses, Products and Services, or Course Materials or their content in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of our Courses, Products and Services, or Course Materials.
- You will not duplicate, share, trade, sell, or otherwise distribute our Courses, Products and Services, or Course Materials to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Course Materials for their own personal, business or commercial use. This means you cannot share or sell any part of our Courses, Products and Services or Course Materials to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration. You are the only one granted a limited licence to use our Courses, Products and Services, and Course Materials.
- You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Courses, Products and Services, or Course Materials for publication or compilation into your own Products, Courses, Services or Course Materials for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Courses, Products and Services, or Course Materials in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
- You may not engage in Improper and/or Unauthorized Use of our Course Materials or any other information related to our Courses, Products and Services.
Your Licence to Us.
By posting or submitting any material on or through our Courses, Products and Services or Course Materials such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
- When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Courses, Products and Services and Course Materials, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website, Courses, Products and Services and/or Course Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
- You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions in our Courses, Products and Services and/or Course Materials in our sole discretion, at any time for any reason whatsoever.
By participating in our Courses, Products and Services, and using our Course Materials, including on social media, you consent to photographs, videos, audio recordings, transcripts, testimonials, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Courses, Products and Services, or Course Materials and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Personal Responsibility and Assumption of Risk.
You agree that you are using your own judgement in using our Courses, Products and Services and Course Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Courses, Products and Services and Course Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Courses, Products and Services and Course Materials.
Code Of Conduct- Community Guidelines.
You agree that you are responsible for your own conduct while using our Products and Services. You may not do or attempt to do any of the following with respect to the Products and Services:
- discrimination or make discriminatory comments of any form or manner, including without limitation on the basis of race, gender, religion, sex, gender identity, age, disability, body size, ethnic origin, or sexual orientation when using our Products and Services;
- disparage, defame, name-call, or engage in any form of intimidation against another user, including swearing or use of any other inappropriate or offensive language, or making offensive or insensitive remarks of any kind when using our Products and Services;
- make or post any sexually explicit remarks or images, or engage in any act of sexual misconduct, including but not limited to sexual innuendo, sharing sexually explicit content, or making offensive or inappropriate advances or comments to other users when using our Product and Services;
- reveal personally identifying information of other users or infringe on the privacy of other users when using our Product and Services;
- harassing, stalking, spamming, or making any other inappropriate comments or actions towards other users when using our Product and Services;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
We reserve the right to discontinue providing our Products and Services, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Code of Conduct in any way.
You agree that your use of the Services is at your own risk, and that you will not use the Products and Services to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
User Comments and Feedbacks.
We and our Services may offer various opportunities to interact and share your opinions and thoughts with us and others, or via various forum, social media pages, or via other community initiatives. Please note that the opinions or views expressed, or statements made via posts, user comments, feedback, online chat, or via other features (collectively referred to herein as “User Comments”), do not reflect the opinions or views of Body Empowerment Club™.
We do not review, edit or modify User Comments. However, we reserve the right to remove or modify any User Comments for any reason. By sharing User Comments and accepting the terms of this contract, you acknowledge that we may make such deletions or changes without notice to you, nor is any such change or removal subject to review, appeal, or revocation.
Our Courses, Products and Services and Course Materials contain general information about nutrition, weight loss, health and diets. The information is not advice and should not be treated as such. The medical information on this website is provided without any representations or warranties, express or implied. We make no representations or warranties in relation to the medical information on this website.
Before starting any diet or exercise regime, you should speak to your doctor. You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. If you think you may be suffering from any medical condition, you should seek immediate medical attention.
We try to ensure that the availability and delivery of our Courses, Products and Services and Course Materials is uninterrupted and error-free, including our content and communications through methods like our website, member forum, BE Community, email communications, videos, audio recordings, Zoom calls, recorded Zoom calls, masterclasses, recorded masterclasses, webinars, recorded webinars, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Courses, Products and Services and Course Materials become unavailable or access to them becomes slower incomplete due to any reason such as system backup procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Courses, Products and Services and Course Materials inaccessible to you.
We make no warranties as to our Courses, Products and Services and Course Materials. You agree that our Courses, Products and Services and Course Materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Courses, Products and Services and Course Materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our course, product or Services, Course Materials or Copy or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, riots, fire, flood, explosion, governmental controls or regulations, epidemics or other public health emergencies, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
Links to Other Websites.
We may provide links and pointers to other websites or resources maintained by third parties that may take you outside of our Courses, Products and Services and Course Materials. These links are provided for your convenience and the inclusion of any link in our Courses, Products and Services and Course Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Courses, Products and Services and Course Materials. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
Limitation of Liability.
We will not be held responsible or liable in any way for the information, Products or materials that you request or receive through or on our Courses, Products and Services and Course Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Courses, Products and Services and Course Materials, or in any way. In the event that you use our Courses, Products and Services and Course Materials or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Courses, Products and Services and Course Materials, and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Courses, Products and Services and Course Materials in any way that causes or is likely to cause the Courses, Products and Services and Course Materials or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Courses, Products and Services and Course Materials for lawful purposes only.
PURCHASES AND ONLINE COMMERCE
Authorization and Permission.
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Courses, Products and Services and Course Materials, without any additional authorization, for which you will receive an electronic receipt. You acknowledge and agree that we do not need to obtain any additional authorization from you for any automatic and/or recurring payments.
You agree to only purchase our Courses, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Courses, Products and Services and Course Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
We may change the price of a membership plan, introduce new membership plans, or remove plans from time to time. By continuing to use the Courses, Products and Services and Course Materials, you indicate your acceptance of such membership price or plan change. If you do not agree with a membership price or plan change, do not continue to use the Courses, Products and Services and Course Materials.
Some Products and Services may be offered by third parties. We are not responsible for the products and services provided by such third parties.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
We reserve the right to terminate your right to access and use the Services and/or Content if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
CHARGEBACK THREATS, REVERSAL OF PAYMENT, PAYMENT CANCELLATIONS, AND ACTUAL CHARGEBACKS
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Sharing Information with Payment Processing Company.
All information obtained during your purchase or transaction for our Courses, Products and Services and Course Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Courses, Products and Services and Course Materials, you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.
You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Courses, Products and Services and Course Materials.
Your satisfaction with your Courses, Products and Services and Course Materials is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Courses, Products and Services and Course Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Courses, Products and Services and Course Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Courses, Products and Services and Course Materials, you understand and agree that all sales are final upon signing the contract, and that our fee is fully payable at that time, and no refunds will be provided.
Following the completion of the Subscription Period, your membership plan will automatically renew for the same Subscription Period at the then-current standard rates for access to the same membership plan, unless and until they are cancelled or changed by you within 24 hours prior to the end of the current period.
If you choose to cancel your membership plan, access to the Courses, Products and Services and Course Materials included in your membership plan will continue until the end of your Subscription Period, following cancellation. You will not be charged for the membership plan again unless you reactivate. Payments for membership plans are non-refundable and there are no refunds for partial Subscription Periods.
CONFIDENTIALITY AND PRIVACY
It is hoped that should we ever have any differences we will be able to work them out amicably through email correspondence and telephone conference calls. In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Courses, Products and Services or Course Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
By providing your email address, you consent that we email you relevant information and promotion to Body Empowerment Club™. If you choose to unsubscribe, please email us to firstname.lastname@example.org .
“Agreement” or “contract” means all of the documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Products and Services or Training Materials.
“Company”, “[name of your business] ”, “we”, “us” or “me” means 12966832 Canada Inc., Body Empowerment Club™/BE Club™
The platform we offer at our website ( www.beclubmembership.com ) are referred to as the “Site(s)”.
To enrol in, purchase, or use our Products or Services, we may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video, writing sample, copy, or any other submission to us when using or participating in our Products or Services (“Other Information”).
We may also collect potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on the Site. We only disclose logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
We may also collect non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each user request. Our purpose in collecting non-personally identifying information is to better understand how you use our Site. From time to time, we may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
WHAT WE DO WITH CONFIDENTIAL INFORMATION
- To enable payment for Products and Services, in order to fulfill our contracts with you;
- For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which you can use our Products, Services and the Site, and in order to comply with our legal obligations;
- To analyze the Site usage as necessary for our legitimate interest in improving the Site to grow our business;
- To contact you and deliver (via email, push notifications or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of Site, Products and Services, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with you and in promoting our business;
- To provide you with customer support in order to fulfill our obligations to you;
- For internal market research for our legitimate interest in improving the Site, Products and Services to grow our business;
- For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which you and other users can receive the Products and Services they opt to use;
- To assist you in the resolution of complaints and disputes, as necessary for our legitimate interests in facilitating good customer service to all users;
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff, and affiliates, and those who manage the data management system, may have access to your Confidential Information.
We have taken commercially reasonable security measures to prevent the loss, misuse, and alteration of the Confidential Information, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of such loss, misuse, or alteration. Due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information, or any other data or information transmitted to us or through our services. Therefore, submitting Confidential Information, data, or other information to us is done at your own risk. Submitting contributions or information on or through our Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of your use of our Courses, Products or Services and you agree that you are assuming such risks.
DISCLOSURE OF CONFIDENTIAL INFORMATION
We will not sell, distribute, or lease your Confidential Information to third parties unless we have your explicit permission or are required by law to do so.
Third Party Agents
We share information, including Identity Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. To operate our platform, including processing your transactions, we may share your information with our agents, representatives, vendors, and service providers (“Third Party Agents”) so they can provide us with support services as follows:
- Email origination;
- Identity checks;
- Receipt, invoice, or support services;
- Customer relationship management services; and
- To otherwise help us provide the Site.
We share information with Third Party Agents in the following way:
- Stripe – We use Stripe to power our merchandise;
- WordPress – We use WordPress to deliver online training and to manage memberships;
- Google Analytics – We also use Google Analytics to help us understand how our customers use the Site;
- Acuity Scheduling – We use Acuity Scheduling to power our online booking system;
- Active Campaign – We use Active Campaign to administer mass emails;
- Gmail – We use Gmail to administer emails;
- Google Drive- We use Google Drive to facilitate task management including uploading files and attachments for sharing;
- Zoom – We use Zoom for administering video calls/session and webinars that require registration
VIEWING BY OTHERS
Note that whenever you make your Confidential Information or other information available for viewing by others such as through our Courses, Products or Services, website, or social media, the Confidential Information or other information that you share can also be seen, collected, and used by others. Therefore, we cannot be responsible for any Unauthorized Use by others of such Confidential Information or other information that you voluntarily share online or in any other manner.
If you have any concerns about your Confidential Information or wish to obtain a Copy of the Confidential Information you have provided to us, please contact our Privacy Officer in writing. Their email address is email@example.com