THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.)
Terms and Conditions
THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) is a digital subscription service of HEAVENS FITNESS LTD. THE ACADEMY ON-DEMAND offers clients the opportunity to purchase a subscription video on-demand service for on-demand online workouts.
Your participation in THE ACADEMY ON-DEMAND indicates your acceptance of and agreement to all of these THE ACADEMY ON-DEMAND Terms and Conditions (these “Terms”) as in effect from time to time, including, without limitation the arbitration provision below, and any changes or updates to these Terms.
These terms of service (“terms”) set forth the legally binding terms for your use of the web site. By accessing, downloading, or using the web site, you are accepting these terms and you represent and warrant that you have the right, authority, and capacity to enter into this agreement. You may not access or use the web site or accept these terms if you are not at least 18 years old. If you do not agree with all the provisions of this agreement, do not access and/or use the web site.
You agree that THE ACADEMY ON-DEMAND may provide notices, disclosures, and changes or updates to these Terms, and other information relating to THE ACADEMY ON-DEMAND by electronic means, including posting these materials online at THE ACADEMY ON-DEMAND website.
Conditions of Use
THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) and its affiliates provide their services to you subject to the following conditions. If you visit or shop at THE ACADEMY ON-DEMAND, you accept these conditions. Please read them carefully. In addition, when you use any current or future THE ACADEMY ON-DEMAND service you are subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
Please review our Privacy Notice, which governs your visit to THE ACADEMY ON DEMAND to understand our practices.
When you visit THE ACADEMY ON-DEMAND or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OUR CONTENT; PROPRIETARY RIGHTS; COPYRIGHT
Through our website, we offer, sell, and digitally distribute videos, audio visual combinations, music, graphic, photos and other content, as well as sell products related to that content. We are the owners or authorized licensee of all information, materials, functions and other content contained on our website, and you acknowledge that you are only receiving a limited right to access or use this content. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) or its content suppliers and protected by Canadian, United States and international copyright laws. The compilation of all content on this site is the exclusive property of THE ACADEMY ON-DEMAND and protected by Canadian, U.S. and international copyright laws. All software used on this site is the property of Heavens Fitness Ltd. or its software suppliers and protected by Canadian, United States and international copyright laws.
We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property.
LICENSE AND SITE ACCESS
THE ACADEMY ON-DEMAND grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HEAVENS FITNESS LTD. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HEAVENS FITNESS LTD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE ACADEMY ON-DEMAND and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing The Academy On-Demand.com name or trademarks without the express written consent of HEAVENS FITNESS LTD. Any unauthorized use terminates the permission or license granted by Heavens Fitness Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of THE ACADEMY ON-DEMAND so long as the link does not portray THE ACADEMY ON-DEMAND, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of THE ACADEMY ON-DEMAND logo or other proprietary graphic or trademark as part of the link without express written permission.
You must create an account to use a product or service offered on our website. To do so, you must provide an email address. By creating an account, you agree to receive notices from THE ACADEMY, THE ACADEMY ON-DEMAND AND HEAVENS FITNESS LTD. at this email address.
If you choose to purchase a product or service offered on our web site, you will be asked to create an account and will be prompted to create your own unique username and password.
You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service. THE ACADEMY ON-DEMAND and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We offer one (1) and twelve (12) month Subscriptions. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
Renewal and Cancellation
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON- REFUNDABLE. YOU MAY CANCEL A SUBSCRIPTION FOLLOWING THE ENCLOSED INFORMATION.
Free trials and discounts: THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) may offer free-trial or discounted Subscriptions. When a free-trial period ends, your paid Subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If THE ACADEMY ON-DEMAND provides a discount for the first Subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee. Annual subscription will automatically be renewed on the subscription renewal date unless the subscriptions is cancelled.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the Subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period.
How to Decline Renewal: You may cancel you’re THE ACADEMY ON-DEMAND subscription at any time. You must cancel your subscription through your account using the following steps:
(1) Log in to you’re the ACADEMY ON-DEMAND account;
(2) Click “My Account” at the top right corner;
(3) Click “Manage Subscriptions”; and
(4) Select “Cancel Subscription.”
Cancellations take effect at the end of the current billing period.
Payment Processing; Order Fulfillment
Our web site is hosted by Intelivideo, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Intelivideo directly and securely transmits that information to its third-party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Intelivideo, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Satellite Media and Intelivideo from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination.
Intelivideo also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high-quality viewing experience, neither we, nor Intelivideo, make any guarantee as to the resolution or quality of the content.
Upon receiving an order for any of our products, Intelivideo will notify us so that we may fulfill the order directly.
Eligibility; Age Restriction
Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LIMITED) IS AT YOUR OWN RISK.
WAIVER AND ASSUMPTION OF RISK.
Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated, regardless of the care taken to avoid injuries. The specific risks involved in exercising varies from one activity to another. If you use this site, you acknowledge and understand the inherent risk associated with any exercise program and your voluntary participation in physical activity including fitness, dance, yoga, Pilates, cycling, weightlifting, stretching and meditation classes online may result in injury. You acknowledge that you have either had a physical examination and/or have been given permission from your physician to participate in an exercise program OR you have decided to participate in an exercise program voluntarily and without the approval of your physician. Your accessing content through THE ACADEMY ON-DEMAND (OPERATED BY HEAVENS FITNESS LTD.) is your declaration of personal responsibility for your choice to participate in fitness, dance, yoga, Pilates, cycling, weight lifting, stretching and meditation classes online fitness, health and wellness exercise program.
Choosing to participate by way of accessing THE ACADEMY ON-DEMAND you declare that you are physically well and suffering no medical conditions that would increase your risk of injury as a result of partaking in online exercise classes.
Choosing to participate by way of accessing THE ACADEMY ON-DEMAND you declare that you, your heirs and legal representatives do hereby forever waive and release HEAVENS FITNESS LTD., its members, instructors, coaches, teachers, agents, contractors and employees from any and all liability, costs, expenses, claims, accident, illness, legal and medical fees sustained resulting now or in the future resulting in my participation in any exercise activity, workshops or use of any equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE OR ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF HEAVENS FITNESS LTD.
THE ACADEMY ON-DEMAND and its affiliates attempt to be as accurate as possible. However, THE ACADEMY ON-DEMAND does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by THE ACADEMY ON-DEMAND itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. With respect to items sold by THE ACADEMY ON-DEMAND, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process.
RISK OF LOSS
All items purchased from THE ACADEMY ON-DEMAND are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE ACADEMY ON-DEMAND OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE ACADEMY ON-DEMAND AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ACADEMY ON-DEMAND AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ACADEMY ON DEMAND AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE ACADEMY ON-DEMAND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ACADEMY ON-DEMAND AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN PROVINCES AND STATES LAWS 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 MIGHT HAVE ADDITIONAL RIGHTS.
By visiting THE ACADEMY ON-DEMAND, you agree that the laws of the Province of Alberta, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and THE ACADEMY ON-DEMAND or its affiliates.
Any dispute relating in any way to your visit to THE ACADEMY ON-DEMAND or to products you purchase through THE ACADEMY ON-DEMAND shall be submitted to confidential arbitration in Calgary, Alberta, except that, to the extent you have in any manner violated or threatened to violate THE ACADEMY ON-DEMAND ‘s intellectual property rights, THE ACADEMY ON-DEMAND OPERATED BY HEAVENS FITNESS LTD. may seek injunctive or other appropriate relief in any state, province or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the province of Alberta. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to THE ACADEMY ON-DEMAND. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
THE ACADEMY (OPERATED BY HEAVENS FITNESS LTD.)
637 11TH AVE. SW
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONSENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. THE ACADEMY ON-DEMAND reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant THE ACADEMY ON-DEMAND and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant THE ACADEMY ON-ONDEMAND and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify THE ACADEMY ON-DEMAND or its affiliates for all claims resulting from content you supply. THE ACADEMY ON-DEMND has the right but not the obligation to monitor and edit or remove any activity or content. THE ACADEMY ON-DEMAND takes no responsibility and assumes no liability for any content posted by you or any third party.
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.
These terms are effective September 15, 2020