THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND RISE CYCLE & HOT YOGA INC. ("RISE CYCLE").

TERMS & CONDITIONS

Last Updated: February 26, 2024

These terms and conditions (the “Terms”) govern your use of the RISE CYCLE & HOT YOGA INC. websites (www.risecycle.ca and app (the "Websites” and the “App”). The Websites and App are designed to allow users to make class/series/subscription purchases, register for classes (including RISE CYCLE & HOT YOGA INC. classes book spots, buy merchandise, and communicate with RISE CYCLE & HOT YOGA INC. ("RISE CYCLE"). The Terms govern your attendance at both in-studio and RISE CYCLE classes and workouts.

GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS

If you use the Websites or App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. When you visit the Websites or App, or communicate with RISE CYCLE via email, you are communicating electronically. You consent to receive communications from RISE CYCLE electronically. RISE CYCLE will communicate with you by email or by posting notifications on the Websites and App. You understand and agree that all agreements, notices, disclosures, and other communications that RISE CYCLE provides electronically satisfy any legal requirement that such communications be in writing.

USER-PROVIDED INFORMATION

RISE CYCLE does not collect any personal information about individuals -- such as names and postal codes, home addresses, and email addresses - except when such information is knowingly provided to RISE CYCLE. Personal information might be obtained from online transactions such as class/series/subscription purchases, retail purchases, and/or in-studio or RISE CYCLE class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Websites and App. Any personal identification information retrieved by RISE CYCLE must be voluntarily submitted by the user. RISE CYCLE may use the information provided to contact you with important information, required notices, and marketing promotions.

AUTOMATICALLY COLLECTED INFORMATION

The Websites and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Websites and App, which allows RISE CYCLE to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.

SECURITY STATEMENT

RISE CYCLE makes every effort to ensure that all of the transactions that occur on the Websites and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect the information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Websites and App. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

COOKIES

A cookie is a small text file that is sent to your browser from a website or app and stored on your computer's hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites - the website or app that creates a cookie is the only one a browser will permit to access it. Like many other websites and applications, the Websites and App uses cookies to obtain certain types of information. For example, RISE CYCLE might use cookies to control access to certain features such as your password and account, to customize content areas, or to analyze site activity and user behaviour. RISE CYCLE reserves the right to use cookies in the future in conjunction with new content or expanded functionality. If you are concerned about the use of cookies, you can explore your web browser's options to notify you whenever a cookie is set, or to disallow cookies altogether. You should be aware that prohibiting the use of cookies will significantly restrict access to certain types of content or features.

HOW INFORMATION IS USED

The following are examples of how RISE CYCLE might use the personal information collected through the Websites and App:

 * If you purchase a RISE CYCLE series or subscription, sign up for a RISE CYCLE class, or purchase RISE CYCLE retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.

* If you indicate that you are interested in receiving RISE CYCLE-related news and information, you may receive emails to the email address you provided as part of the registration process.

For the non-personally identifiable information collected throughout the Websites and App:

* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and app and the overall RISE CYCLE experience. You can help RISE CYCLE maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. RISE CYCLE will never share telephone numbers, email addresses, or any personal data with third parties. RISE CYCLE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.

PRIVACY OF MINORS

If you are under 18, you may register and use the Websites and App only with the involvement of a parent or guardian. RISE CYCLE does not accept the online registration of minors; please do not attempt to register on the Websites or App if you are under the age of 18. A parent or guardian must sign a waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 16 years of age and at least 5 feet tall to participate in a regularly scheduled in-person class. In the case of a private class, an adult must accompany the minors (ages 10-18) for the entire duration of the event, and is responsible to sign the waiver on behalf of all participants. If RISE CYCLE discovers that personal information has been submitted by a minor without a signed participant/registration waiver, RISE CYCLE reserves the right to delete such information. RISE CYCLE does not seek or share personal information from minors throughout the Websites or App.  

LINKS/THIRD PARTY WEBSITES

RISE CYCLE has not reviewed all the sites linked to the Websites and App, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website or app may contain the RISE CYCLE logo, please understand that it is independent from RISE CYCLE, and that RISE CYCLE has no control over the content of that website and/or app. Going to third-party or off-site websites or apps from the Websites or App is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with RISE CYCLE.

INTELLECTUAL PROPERTY RIGHTS

The trademarks and trade dress of RISE CYCLE are proprietary to RISE CYCLE and may not be used by you for any reasons other than as expressly permitted by these terms. All Websites and App content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, RISE CYCLE. You have the right to view, electronically copy, and print in hard copy portions of the Websites and App for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Websites or App, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of RISE CYCLE, is strictly prohibited. You acknowledge that RISE CYCLE and/or third-party content providers remain the owners of all Websites and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. RISE CYCLE may discontinue or remove the Websites or App, or any portion thereof, or discontinue your right to use the Websites or App, or any portion thereof, at any time. As between you and RISE CYCLE, you own all content that you submit to RISE CYCLE You grant RISE CYCLE and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of RISE CYCLE’s services permission to view your content for their personal, non-commercial purposes.

NOT AUTHORIZED TO PERFORM DATA MINING

You are not authorized without the prior written permission of RISE CYCLE.to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Websites or App or accessed through this Websites or App. You also may not engage in the mass downloading of files from this Websites and App; use the computer processing power of this Websites and App for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites or apps to this Websites and App.

NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of RISE CYCLE's material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Websites or App in connection with the sale or resale of any RISE CYCLE products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Websites or App. Furthermore, RISE CYCLE's material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use RISE CYCLE's material will automatically terminate and any copies made of RISE CYCLE's material must be immediately destroyed. Any unauthorized use of RISE CYCLE’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.

CHOICE OF LAW

The Websites and App, and your use hereof, is governed by the laws of the Province of Ontario, without regard to Ontario’s choice of law provisions. Any claim arising out of your use of this website and App must be brought in the province of Ontario.

 POLICY CHANGES

Occasional changes may be made to this document as new services and content are added to the Websites and App to reflect changes in RISE CYCLE policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Websites or App, you agree to be bound by any such revisions. Users of the Websites and App are encouraged to check this document periodically to stay informed of current privacy guidelines.

 ACCEPTANCE OF TERMS

By using the Websites or App, you signify your acceptance of these Terms. If you do not agree to this, please refrain from using the Websites and App. Your continued use of the Websites and App following the posting of changes to these terms will indicate your acceptance of those changes.

 THIRD-PARTY SOFTWARE

RISE CYCLE uses certain third-party software applications in order to provide its scheduling, payment, and sign-up and other operational needs. RISE CYCLE shall not be responsible for any errors, faults or other issues caused by such software applications.

 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

In no event will RISE CYCLE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Websites or App, or on any other linked/third-party website and/or app, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if RISE CYCLE expressly advised of the possibility of such damage. All information is provided by RISE CYCLE on an "as is" basis only. RISE CYCLE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

RISE CYCLE

171 East Liberty St. #149

Toronto, ON M6K 3P6

647.563.8888

hello@risecycle.ca