Terms and Conditions of use of Life Beyond Sport
1. WEBSITE USE
Life Beyond Sport (hereinafter referred to as "LBS", "we", " us " or "our") operates the website accessible at [insert URL] (the "Website"). The Website is made available to you solely for your personal, non-commercial information and use. Your access to and use of the Website is subject to the following terms and conditions of use (the "Terms") and all applicable and applicable laws and regulations. By accessing and browsing the Website, you acknowledge that you have read the Terms and Conditions and agree to be bound by them without limitation or qualification. If you do not agree to any of the Terms, please do not use the Website. The term "Website" also includes LBS's digital platforms as defined below in these Terms.
LBS reserves the right to change, modify, alter, add, remove, revise or update all or any part of these Website Terms and Conditions without prior written notice (the "Modification" or "Modifications"), at any time and from time to time, in LBS's sole discretion. Any Changes made will be posted on the Website as a notice of the change prior to its effective date. By continuing to use the Website after such Changes are posted, you accept and consent to such Changes and are required to comply with the Terms as amended.
The consulting and consulting services offered by LBS through the Website (hereinafter the "Service" or the "Services") are primarily designed for residents of Canada as well as those of other countries or territories specifically identified by us. This Website is not intended for use or access from regions outside of those mentioned above. You must ensure that your access to the Website, and any information or content available through this Website, complies with all applicable laws and regulations in the province, territory or country from which you are accessing this Website, and its content and information.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AS THEY CONTAIN PROVISIONS SUCH AS LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
USE OF THE WEBSITE CONSTITUTES FULL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW.
2. ACCEPTABLE USE POLICY
As a condition precedent to your use of the Website, you hereby represent and warrant to LBS that you:
(a) use the Website only for lawful purposes in accordance with these Terms and our Privacy Policy, which you may review at any time;
(b) you agree to respect our intellectual property rights;
(c) agree to provide us with accurate information, where necessary, for the proper functioning of the Website, and to take responsibility for the information so provided;
(d) agree not to create any link to the Website, except for the addition to your "bookmarks" or "favorites", without the prior written permission of LBS. For any request for authorization, please contact [insert contact here];
(e) you will refrain from using offensive, vulgar, inflammatory, defamatory, or derogatory language in any form of communication, including, but not limited to, emails, forms, telephone calls, or video conferences initiated or planned through the Website; and
(f) will not disrupt, or attempt to disrupt the operation of the Website in any way, using any means or device, including, but not limited to, spamming, hacking, introducing computer viruses or malware, or any other method expressly prohibited by these Terms.
3. CONFIDENTIALITY
Protecting and respecting your privacy is paramount to LBS. How we collect, use and protect your personal information is explained in detail in our Privacy Policy, which is incorporated by reference and forms an integral part of these Terms. By accessing and using our Website, you confirm that you have read and understood our Privacy Policy, that you accept its terms and give your explicit consent for us to process your personal information and any content you share with us through our Website or any other digital platform, including but not limited to, platforms such as Instagram, Facebook, TikTok, and others, in accordance with the practices described in our Privacy Policy. This consent also extends to any future changes to our Privacy Policy.
4. USE PROHIBITED BY MINORS
Access to and use of the Website and its content are exclusively reserved for individuals of legal age. By using the Website to request LBS Services, you certify that you have reached the age of legal majority in your jurisdiction of residence necessary to establish a contractual agreement and you agree to adhere to the terms of such agreement. In the event that you have not reached the age of majority in your jurisdiction of residence, it is essential that the Website be used under the supervision and with the consent of your parent or legal guardian. Consequently, you are prohibited from using the Website independently or from transmitting personal information to LBS if you are a minor. LBS is committed to not knowingly collecting personal information from minors under the age of 14.
5. SERVICE INFORMATION
The Services offered by LBS on the Website are available to customers located in Canada as well as to those residing in other countries or territories selected by LBS, for a fee. LBS undertakes to make reasonable efforts to ensure that the information available on the Website is complete, current and accurate. Nevertheless, it is possible that some information may be incorrect, incomplete or out of date despite our commercially reasonable efforts. LBS does not warrant that all information, including descriptions of the Services, pricing, and availability, is complete, accurate, or up-to-date at all times. LBS reserves the right, in its sole discretion, to correct or update this information without prior notice.
LBS also reserves the right to refuse the provision of Services to any customer for whom the use of the Website is deemed not to comply with these Terms of Use. In addition, LBS may require verification or confirmation of information before agreeing to provide a Service requested by a customer.
6. SERVICE REQUEST
To initiate a request to book a Service on our Website, you will first be asked to choose a date and time for the provision of the Service by visiting our Google calendar, which is available online
for your convenience. After selecting the desired date, you will be required to fill in a request form, inserting the information required for the processing of your reservation.
Once your request has been submitted, LBS will verify the availability of the requested Service and confirm the accuracy of the information provided. In the event that your request is approved, a confirmation email will be sent to you to notify you of the acceptance of your reservation. Upon receipt of this confirmation, you will be asked to pay the full fees related to the requested Service. This payment must be made directly via the Website, at least forty-eight (48) hours before the date and time agreed for the provision of the Service.
It is understood that your request for the Service will only be considered as definitively confirmed upon receipt of full payment of the fees relating to the provision of the Service. In case of cancellation or modification to your reservation, you are invited to consult the 8 below, where the terms and conditions applicable to the cancellation or modification of the Service are specified.
LBS reserves the right to reject any booking or not to validate a request for the Service in the event that the information provided is found to be incorrect or incomplete, or if the payment of the fees is not made within the required time.
7. CONSENT TO USE ELECTRONIC DOCUMENTS
You hereby consent to the exchange of information and documents between you and LBS by electronic means, including via the Internet, email or any other means of electronic communication. You also agree that these Terms, as well as any confirmation of the provision of the Service by LBS in electronic form, are equivalent to an original written agreement between you and LBS. You also agree that all agreements, notices, disclosures and other communications that we may provide to you electronically shall have the same legal force as if they had been sent to you in writing.
8. CANCELLATION, MODIFICATION AND REFUND
Cancellation of the Service No-Show at the Service
Changing the Date of the Service
To cancel a previously booked Service, it is imperative to submit written notice to LBS at least twenty-four (24) hours prior to the scheduled date and time for such Service. This procedure must be carried out exclusively electronically, at the address provided for this purpose: [insert email]. By respecting this deadline, you will be eligible for a full refund of the fees paid for the relevant Service. Any cancellation notice sent after this twenty-four (24) hour period will result in ineligibility for the refund, and LBS reserves the right to withhold the full fee originally charged for the Service.
In the event that the customer does not show up for a Booked Service without having made a cancellation in accordance with the terms and conditions set out in Article 8.1. above, LBS shall be entitled to withhold all fees paid for the relevant Service. No refunds will be given in such circumstances. Absence from a Service without prior cancellation will be treated as a late cancellation and will result in the forfeiture of payment of fees related to the Service.
Any request to change the date of a scheduled Service must be submitted in writing to LBS, no later than twenty-four (24) hours prior to the scheduled date of the Service, by sending an email
to the following email address: [insert email]. If a request for modification is submitted after this period, LBS will consider the request inadmissible.
In the event that a change request is accepted, and if payment for the Service has already been made, the amount paid will be credited for the new date of the Service, subject to any change fees. If payment has not yet been settled, LBS will contact you to request full payment for the Service, as well as any change fees, before the new scheduled date.
These provisions are intended to ensure that the management of the Services is respected in accordance with the rights and obligations of each party in connection with the Services offered. You acknowledge and agree that any request for cancellation or modification must be made within the specified time period, under penalty of losing your right to a refund or any modification of the Service.
9. TERMS AND CONDITIONS FOR PAYMENT OF SERVICE FEES
Payment terms for any Service requests made through the Website are determined at LBS's sole discretion. Payment must be made by credit card or any other means of payment previously agreed and accepted by LBS. All credit card payments are subject to the approval of the card-issuing financial institution.
Payment plans may be offered upon written request, subject to prior approval by LBS. The terms and conditions of these payment plans, including amounts, due dates and interest, if any, will be specified in a separate agreement.
LBS reserves the right to refuse any payment that does not comply with the agreed payment terms, does not cover the full amount due, or is suspected of fraud.
10. APPLICABLE TAXES
Unless clearly stated on the Website or in the description of the Service, the prices of the Services displayed on the Website do not include applicable federal and provincial sales taxes, including, but not limited to, HST and GST/QST. The total amount of applicable taxes will be specified in the payment confirmation, before the customer proceeds to pay the fees for the Services. Customer is responsible for payment of all sales taxes on goods and services, harmonized sales taxes, and any other similar taxes that may apply under applicable tax laws.
11. COPYRIGHTS AND TRADEMARKS
The design of the Website and all text, blogs, graphics, images, illustrations, articles, information, photographs, software, audio and video clips, content and other data displayed or available for download on the Website are protected by copyright, trademark and other laws. Their use is strictly limited to the extent permitted by these Terms, and any other use requires the prior written permission of LBS. The content, software and all technological components of the Website are also protected by applicable copyright laws, for the benefit of LBS and/or its affiliates, subsidiaries and suppliers. All rights reserved.
It is strictly forbidden to modify, in any way whatsoever, the information or data displayed on the Website or that may be downloaded from it, to reproduce it, to make it public, to distribute it or to use it for public or commercial purposes. Any unauthorized use of such information or data may violate copyright, trademark, and privacy laws, in addition to other applicable laws and regulations.
Copyright. Users of the Website who submit, without limitation, data, questions, comments or suggestions to LBS irrevocably transfer and assign all intellectual property rights, including but not limited to copyrights, associated with such data, questions, comments or suggestions. In addition, users expressly waive any moral rights they may have in this regard. LBS is free to reproduce, use, disclose, modify, adapt, publish and distribute any such data, questions, comments or suggestions to third parties (except for personal information that identifies such users), without any restriction. In addition, LBS may use any ideas, concepts, know-how or techniques contained in such data, questions, comments or suggestions for various purposes, including, but not limited to, the development and marketing of new services incorporating such data, questions, comments or suggestions.
Finally, LBS reserves the right to publish users' comments and ratings using their first name only for marketing and promotional purposes of its Services.
Trademark. Certain trademarks, registered trademarks, service marks and logos (collectively, the "Marks") used or displayed on the Website are registered and unregistered trademarks of LBS. Nothing appearing on the Website shall be construed as conferring any right to use the Trademarks and materials that are protected by the Copyright Act, without the prior and explicit written permission of LBS.
12. YOUR EQUIPMENT
LBS is not responsible for any text, images, video, sound or information, content or other material that you may introduce or post on the Website or any other LBS website, including, but not limited to, LBS's digital platforms such as Facebook, Instagram or TikTok (collectively referred to as your "Material").»). You acknowledge and agree that your Materials do not necessarily reflect the opinions, ideas, or views of LBS or its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors, and suppliers. LBS accepts no liability in this regard. You agree not to submit or publish, deliberately or in any other manner, any Material that is defamatory, libelous, obscene, abusive, fraudulent, or that would violate the intellectual property rights of any third party, incite hatred, give rise to a criminal offense or civil liability for any person, or that is otherwise illegal or in violation of applicable laws and regulations. You also agree to defend, indemnify and hold LBS harmless from any and all claims, damages, losses, costs or expenses arising from your Materials. LBS reserves the right, in its sole discretion, to modify, alter, remove, or disable access to any Materials, at any time without notice. You acknowledge that any Submitted Material must be for personal, non-commercial use only and may be protected by applicable copyright laws.
13. THE CONFIDENTIALITY OF THE MATERIAL TRANSMITTED
Except for the information necessary to process your request for the Service and the elements required for that purpose, LBS does not wish to receive from you any Material that contains confidential, secret or proprietary information.
You acknowledge and agree that any Materials you submit to LBS, including but not limited to your ideas, suggestions, and comments regarding your use of the Website or the Services offered, will not be considered confidential, secret, or proprietary, except as required by applicable law or LBS's Privacy Policy.
You also hereby acknowledge and agree that any information or Material you submit to the Website may be incorporated into a database owned by LBS, in which we have rights and interests, including, but not limited to, copyright in the compilation. We reserve the right to use any information or Materials that you submit, or that we obtain through your use of the Website, to the fullest extent permitted by applicable law. Accordingly, you consent to LBS using any information or materials provided, in whole or in part, by any means or manner, including the reproduction, retransmission or publication of such information or materials, and any ideas, concepts or other information contained therein, for any commercial purpose, in accordance with these Terms and the LBS Privacy Policy.
For clarity and without limiting the scope of the foregoing, by posting messages, uploading files, entering data or otherwise communicating on the Website, you grant LBS a perpetual, irrevocable, non-exclusive, royalty-free, unrestricted license to use, reproduce, adapt, distribute, post, modify, transmit or exploit for commercial or promotional purposes the content of your communications and any original ideas or materials contained therein, in any media now known or hereafter devised. This license includes the right to exploit all proprietary rights in such communications, including, without limitation, copyrights, trademarks, patent rights and other relevant rights. You hereby waive any right you may have to inspect and/or approve LBS's use of such content, as well as any form of compensation. You also waive any claim against LBS for violation of rights of privacy, publicity, moral rights, or attribution. You understand and agree that LBS has no obligation to use any material or ideas submitted in any way.
In addition, you acknowledge that unprotected e-mail communications and other transmissions made over the Internet are not confidential and may be subject to interception, alteration or loss. You acknowledge and agree that by submitting such communications to LBS or on the Website, no confidential, fiduciary, contractual, implied or other relationship is established between you and LBS, except as specified in these Terms. LBS will not be liable for the payment of any amounts to any third party in connection with LBS's use of any information or Materials you provide to LBS or on the Website. You represent and warrant that any information or Materials you provide to LBS, whether electronically by accessing or using the Website or otherwise, and LBS's use of such information and Materials in accordance with these Terms, do not infringe any rights of any other person or entity.
14. EMAIL SUBSCRIPTION
You can sign up to receive email communications from LBS by subscribing on the Website to receive our newsletters.
You may also unsubscribe from these email communications at any time by:
(i) choosing the unsubscribe option on the Website; or
(ii) by clicking "Unsubscribe" in an email.
By opting in to receive email communications ("Electronic Communications") from us, you consent to receive such ongoing Electronic Communications. Your consent to receive these Electronic Communications is subject to the Terms, as well as LBS's Privacy Policy.
Your subscription to receive Electronic Communications is not a prerequisite to obtaining the Services from LBS. You acknowledge that by submitting a request to subscribe to or unsubscribe from Electronic Communications, you may receive confirmation emails from us, which are not considered Electronic Communications.
You acknowledge that the unsubscribe instructions and/or any other unsubscribe instructions in the Privacy Policy are the only means of revoking your consent to receive Electronic Communications. You certify that you have provided LBS with an accurate email address and that
you have the necessary authority to consent to receive Electronic Communications at that address. Before changing, deactivating or abandoning this email address, you agree to unsubscribe from LBS Electronic Communications. Failure to do so is a breach of these Terms. To resubscribe with a new email address, you must follow the subscription procedures mentioned above.
You acknowledge that your request to unsubscribe from Electronic Communications may take up to [seven (7)] business days to be effective and that, during this period, you may continue to receive certain Electronic Communications from us. LBS undertakes to use reasonable efforts to respond to your request within the aforementioned time frame.
You acknowledge and agree that LBS reserves the right to modify these Terms from time to time by updating the online version of these Terms. If a material change occurs, LBS will notify you by email, and these notices will be complementary to the Electronic Communications.
15. SURVEILLANCE
LBS reserves the right to monitor access to the Website (as well as its other websites or digital platforms) and other activities in connection with the Website and may also intervene in this regard. However, LBS makes no representations or warranties in this regard. You consent to such monitoring or intervention if LBS chooses to do so.
16. LINKS TO THE WEBSITE
You may not create or maintain a link between another website and any page on our Website without our prior written approval. To obtain this permission, please email us at [insert email]. In addition, you may not exploit or display our Website or any information or materials presented on it in frames or by similar means on any other website without our prior written permission. All permitted links to our Website must comply with all applicable laws, rules and regulations.
17. THIRD PARTY LINKS
From time to time, our Website may contain links to third-party websites that are not owned, operated, or controlled by LBS, its affiliates, or subsidiaries. These links are provided solely for your convenience. By clicking on these links, you will leave our Website. We are not responsible for any content, materials, or other information on or accessible from any third-party website. We do not endorse, warrant or guarantee any representation or warranty with respect to such other websites, or their content, materials or other information contained therein, or accessible therein, or the results that may be obtained from their use. Please note that these third-party sites may be governed by their own privacy policies. If you choose to access any third-party site linked to our Website, you do so entirely at your own risk. It is important to note that all rights in the content of third-party sites belong to their respective owners and not to LBS.
18. DISCLAIMER RELATING TO THE WEBSITE AND ITS CONTENT
Use of the Website is at your own risk. The information, data and content provided on or through the Website are provided "as is" without warranty of any kind, including non-infringement of intellectual property rights. LBS does not warrant that any errors on the Website will be corrected, or that any server hosting the Website is or will be free of viruses or other harmful components. The information, data and content provided on or through the Website may be out of date, and LBS does not undertake or assume any obligation to update such information, data or content. Accordingly, LBS will not be liable for any damages or losses resulting from viruses, data
corruption or failed messages, which may affect your computer, telecommunications equipment or other property, caused by or arising out of your access to, use of, or browsing in the Website, or your downloading of any information or data from the Website.
In addition, LBS makes no representations, warranties or conditions, of any kind, express or implied, written or oral, statutory or otherwise, regarding the Website and its content, including, without limitation: (i) any warranties as to the absence of interruptions or errors in transactions, the confidentiality or security of the information transmitted, (ii) the accuracy, appropriateness or completeness of the Website, the information, data and functions accessible through the software used on or through the Website and its content, as well as any services or hyperlinks to third party sites, or (iii) any breach of security relating to the transmission of sensitive information through the Website or any third party site. These exclusions are in addition to any specific exclusions provided for in these Terms.
Due to certain federal or provincial laws that prohibit the exclusion of certain warranties, these exclusions may not apply to you. If any of the above exclusions are held to be invalid or unenforceable, that provision shall, where possible, be construed, limited or, if necessary, divided so as to eliminate the invalidity or frustration. In such cases, all other exclusions noted above will remain in effect.
This section shall survive the termination or expiration of these Terms.
19. DISCLAIMER RELATING TO SERVICES
The Services offered by LBS are based exclusively on the personal experiences of our consultant and are provided as a general guideline, without any warranty, representation or representation, express or implied, regarding the effectiveness, success or results of the Services. It is understood that LBS does not guarantee that the Services will meet the specific expectations of customers, or that they will result in tangible or measurable results.
The purpose of the Services is to support and guide athletes or former athletes in the management of the challenges they encounter, or may encounter, in their quest for a balance between their sports career and their personal life. However, these Services are by no means a guaranteed solution to these challenges, and should not be construed as such.
By requesting and receiving the Services, you expressly acknowledge and agree that the Services are provided at your sole risk. LBS shall not be liable for any results obtained, or for any consequences arising from the use of the Services, whether direct, indirect, special or consequential. In addition, LBS shall not be liable for any damage, loss, injury or direct or indirect, special or consequential consequence arising from the use of the Services.
It is expressly agreed that the Services provided by LBS are not a substitute for medical, psychological or other specialist advice or treatment. You remain solely responsible for consulting the competent professionals in the context of your needs in physical and/or mental health, well-being, or any other specific expertise.
20. INDEMNISATION
By using the Website and Services, you hereby agree to indemnify, defend and hold LBS, its affiliates, officers, employees, agents, representatives and partners, harmless from any liability, claim, action, suit or demand, arising out of your use of the Website and Services. This indemnification obligation includes, without limitation, any and all losses, damages, liabilities, claims, and all costs, costs, expenses, including reasonable attorneys' fees, incurred by LBS as
a result of any claim or action based on, arising out of, or in connection with your use of such Services or the Website.
This section shall survive the termination or expiration of these Terms.
21. LIMITATION OF LIABILITY
Notwithstanding the limitations of the sections 18, 19 and 20 above, if LBS is found liable for any damage or loss in connection with the use of the Website or Services, in no event shall LBS's total liability, however caused (including, but not limited to, breach of contract, tort, slight or gross negligence), exceed, in the aggregate, the amount you actually paid for the specific Services that are the subject of the claim.
For the purposes of this section, "LBS" includes its directors, officers, employees, agents, mandataries, contractors, and third-party suppliers.
This section shall survive the termination or expiration of these Terms.
22. MODIFICATION OF THE WEBSITE – RESERVATION OF RIGHTS
LBS reserves the right, in its sole discretion and without prior notice, to terminate, modify, suspend or discontinue the Website or any aspect thereof, including, but not limited to, any content, functionality or schedule of availability of the Website. LBS will not be liable to you or any third party for any such actions. In addition, LBS may set rules and limits regarding the use of the Website or restrict your access to any or all of the Website without notice or liability. All rights not expressly granted in the Terms and Conditions are reserved to LBS.
23. GOVERNING LAW
The Website is managed and operated by LBS from the Province of Quebec, Canada. The Terms of Use, the Website, any use of the Website, the Services and any transactions conducted on or from the Website shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein.
24. DISPUTE SETTLEMENT
In the event of a dispute regarding these Terms or the transactions contemplated on the Website, the user is required to contact LBS at [insert email] and negotiate with LBS in good faith with a view to finding a solution to the dispute. If, after fifteen [(15) business days] of good faith negotiations, no agreement can be reached, the dispute shall be resolved by the competent courts sitting in the judicial district of [Montreal], province of Quebec. You hereby irrevocably submit to the personal and exclusive jurisdiction of such courts.
25. SEVERITY
In the event that any provision of these Terms is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
26. COOKIES
LBS may use "cookies" to track your preferences and activities on the Website. Cookies are small data files that are transferred to your computer's hard drive by a website. They save your preferences, which makes your future visits to the site more efficient. Cookies may contain a variety of information, including the number of times you access a site, your registration information, and the number of times you view a specific page or item on the site. Adopting cookies is a common practice among many companies in order to better meet the needs of their customers. Most browsers are set up to accept cookies, but it is possible to easily adjust them to block them. Please consult your browser's help files for instructions on how to block cookies, when you receive them, and how to disable them completely. It is important to note that without cookies, some features of the Website may not be accessible, and the user may lose some of the benefits offered by our Website.
27. NON-WAIVER
LBS's failure to enforce certain Terms or its failure to act in response to any breach or default by you or any third party of the Terms shall not be construed as a waiver of LBS's right to subsequently require or intervene in the performance of the Terms set forth herein.
28. ENTIRETY
The Terms, together with any other agreements, terms or conditions incorporated or set forth above, constitute the entire agreement between you and LBS with respect to the use of the Website and any transactions conducted on or from the Website and its contents, and supersede all prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may only be amended or modified in writing, by the fact that LBS makes such amendments or modifications available under these Terms.
29. NON-ASSIGNMENT
You may not assign your rights or obligations hereunder without the express written consent of LBS.
30. TERMINATION
LBS reserves the right, in its sole discretion, to terminate your access to all or part of the Website, with or without notice, in the event of a breach of these Terms.
31. SECURITIES
The headings used herein are inserted for reference purposes only and for ease of reading and do not affect the interpretation of these Terms.
32. PRIVACY POLICY
Protecting your privacy is paramount to LBS. We therefore recommend that you read our Privacy Policy to understand our privacy practices. You will be able to know the actions we take with respect to your personal information and make an informed decision about the use of our Website and Services. Please note that our Privacy Policy is designed to govern all aspects relating to the collection and processing of your personal information (as defined in the Privacy Policy), while these Terms apply to all other aspects of the relationship with LBS that are not covered by our Privacy Policy. You agree and warrant that all information you provide to LBS is accurate, that you are the rightful owner of the information, that you are not impersonating any third party or other person, and that you have the full and absolute right to share such information with us.
33. TONGUE
An English version of the Terms and Conditions of Use is available [here].
The English version of our Terms and Conditions of Use is available here.
34. COORDINATED
If you have any questions, complaints, comments or suggestions, you can reach us at the following contact details:
LIFE BEYOND SPORT
ATT : Jenna Efford
Address: [...]
Phone number: [...]
Email address: [...]