These terms and conditions apply to Services provided by Bounce Forward co., an Alias of Kale and Krunches Inc. of Ontario, Canada (“Bounce Forward”, “Kale and Krunches”, “Marlie Cohen” or “We” or “Us” ).
You may contact us at hello@bounceforwardco.com.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Membership and/or Courses and Taught Programming. Please read these terms and conditions carefully before purchasing an Online Membership and/or Course and/or Taught Program and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Program Specific Terms and Conditions which might apply to a specific Online Membership, Course or Program then the conflict shall be resolved by applying the following order of priority:
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Program Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Program Materials” means the information provided by Bounce Forward to accompany a Program provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Bounce Forward for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Membership” means the delivery by us of an ongoing online Program pursuant to which you learn Program materials remotely.
“Services” means the provision of the Online Program and/or the Taught Program and/or the Program Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means www.bounceforwardco.com
“you” means the individual purchasing the Services.
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
4.1. The Fees for the Services shall be as set out on the Website
4.2. Unless otherwise specified, at the time you purchase the Services the Fees are inclusive of CST or other local taxes, the cost of some Program Materials and any delivery costs payable in respect of the delivery of Program Material to you. Each of these costs will be set out in the Website.
4.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Membership Fees will be charged automatically to your listed credit/debit card on the anniversary of your subscription - either monthly or annually.
4.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Bounce Forward shall not be responsible for these.
4.5. You shall be responsible for all costs you incur in connection with your attendance at any Programs or your access to any Online Membership.
5.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
5.2. Although Bounce Forward aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Program Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
5.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 5.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
5.4. Subject to clause 5.5 below, Bounce Forward's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Membership, Course or Program in relation to which a dispute has arisen.
5.5. Nothing in this Agreement shall exclude or limit Bounce Forward’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Canadian Law may not be limited or excluded.
5.6. No claim may be brought more than 30 Days after the last date on which the Services concerned have finished or ceased to be provided by us.
6.1. All Intellectual Property Rights in the Program Materials, Online Programs and the speeches made by trainers at the Taught Programs are, and remain, the intellectual property of Bounce Forward or its licensors, whether adapted, written for or customised for the Client or not.
6.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Program Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Program or Taught Program given
(iii) use the Program Materials in the provision of any other Program or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Bounce Forward on the Program Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Programs.
Breach by you of this clause 6.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Programs.
6.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Program Materials in respect of the Online Program for the sole purpose of completing the Online Program and / or attending the Taught Program.
7.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
7.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
7.3. This clause shall continue notwithstanding termination of these terms and conditions.
8.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
8.2. On termination clause 5 (liability), 6 (intellectual property rights) and 5 (confidentiality) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
These terms and conditions, together with the Website Disclaimer and Program Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
Bounce Forward shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Program caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
13.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the Program.
13.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Bounce Forward.
13.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
13.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
13.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
13.6. Bounce Forward endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
13.7. Bounce Forward may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
13.8. If you wish to change or update the data we hold about you, please e-mail hello@BounceForwardCo.Com.
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. YOU ARE ABOUT TO SIGN AWAY SOME OF YOUR LEGAL RIGHTS. MAKE SURE YOU UNDERSTAND THIS AGREEMENT.
14.1 Inherent Risks.
You understand that participating in the online Program, whereby you may perform physical exercise and change your diet and nutrition, has inherent risks some of which may be more obvious than others. These risks include but are not limited to dizziness, fainting, nausea, physical discomfort, skeletomuscular injuries (muscle tears, broken bones, etc.), cardiovascular issues (irregular heartbeat, heart attack, death etc.), injury to the fetus, and any other injury resulting from exercise, whether or not the injury came as a result of the negligence of yourself, negligence of others at the location of training, or negligence of the online instructor. Risks also include any pain, discomfort or illness resulting from change in diet, nutrition or with new foods and recipes. You understand that the risks outlined in this section of the Agreement are risks you will be exposed to during the Membership and can result in serious bodily and mental harm, and a vast array of injuries which could alter your quality of living significantly and in extreme circumstances may even result in death. Should you have any concerns or doubts about your health or ability to participate in any of the activities in the Program, which may include but are not limited to cardiovascular exercise, lifting light weights, bodyweight exercises, resistance training, stretching, and/or functional movement, Kale and Krunches Inc. and Marlie Cohen insists you act prudently and inform your doctor immediately of your concerns. Take things slowly, make modifications and listen to your body. You hereby acknowledge that you are in good general physical and mental health and that you are able to adjust your nutrition and diet and exercise at the time of participating in the Membership.
14.2 Medical Disclaimer.
You acknowledge that Kale and Krunches Inc. is providing online workouts and a health coaching, however you are not entering into a patient-healthcare-provider relationship. Marlie Cohen is not acting in the capacity of a registered healthcare professional and each participant must listen to their own body cues and the advice of their health care provider. Kale and Krunches Inc. strongly advises you to consult with your doctor prior to commencing the Membership. It is your responsibility to consistently check in with your doctor and with how your body feels in order to determine the extent of participation in the Membership. You hereby acknowledge that you will consult with a physician prior to beginning the Membership or that you are certain that your medical and fitness levels are sufficient for you to participate in the Membership. It is understood between the Parties that participation in the Membership means you have taken the necessary precautions to ensure that you are healthy enough to do so.
14.3 Voluntary Assumption of Risk.
Having read this section of this Agreement and being fully aware of the risks of participation in the Program, by clicking the Terms and Conditions prior to purchase field illustrates your voluntary consent and assumption of the risks of the Membership. You further agree that you have full capacity to agree to the voluntary participation in the Membership.
14.4 No Warranty.
You understand that Kale and Krunches Inc. and Marlie Cohen is providing workouts and health coaching through the online Membership and makes no promises or guarantees that you will achieve a target weight, strength, energy level or be cured of any specific ailment. Kale and Krunches Inc. and Marlie Cohen makes no warranty that the services in the Membership will lead to any specific goal or particular results and makes no promise that every purchaser will experience the same results. You acknowledge that the services provided in the online Membership are provided without any express or implied warranties of any kind.
14.5 Release, Waiver, and Indemnity.
In consideration of Kale and Krunches Inc. allowing you to participate in the Membership and for good and valuable consideration, you hereby release Kale and Krunches Inc. and its agents, employees, contractors, heirs, executors, administrators, successors, and assigns from any liability and damages arising from the services provided, including physical or financial damages, personal injuries or death, injuries or death to the fetus if pregnant, however caused including out of negligence, during your participation in the Membership with Kale and Krunches Inc.. You understand that you are releasing Kale and Krunches Inc. of liability at your own risk and that you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your participation in the Membership. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless Kale and Krunches Inc. and its agents, employees, contractors, heirs, executors, administrators, successors and assigns from any and all liability for any damages, financial loss or personal injury, and injury or damage to the fetus if pregnant, resulting from your participation in the Program.
15. Law and Jurisdiction
This Agreement is subject to Canadian Law and the parties submit to the exclusive jurisdiction of the Canadian courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Email: hello@BounceForwardCo.Com
