Terms & Conditions
1 Introduction
1.1 Thank you for visiting https://www.martellelitefitness.com/(“the Website”). The Website is operated and owned by Travis Martell (“we”, “us”, “our” or “Martell Elite Fitness”). Our registered address is 511 Yates Road, Kelowna British Columbia, Canada, v1v 2×2. Registered in Canada.
By subscribing to Martell Elite Fitness via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for subscription to Martell Elite Fitness has been accepted by Martell Elite Fitness in accordance with these Terms and Conditions, you shall become a member of Martell Elite Fitness (“you”, “your”, or “Member”).
1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS (“Terms”) in conjunction with the Disclaimer and the Privacy Policy on the Website, as both the Disclaimer and the Privacy Policy are incorporated in to these Terms and it is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with us. By registering to become a Member with us and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then please do not submit an application to register as a Member and/or use the Website.
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 Martell Elite Fitness reserves the right to deny services to anyone and to refuse any applications for Membership, in its own discretion, and no-one shall become a Member of Martell Elite Fitness until they receive a confirmation email from Martell Elite Fitness confirming that their application for Membership has been accepted. Once an applicant has received an email from Martell Elite Fitness confirming that their application for Membership has been accepted, then that applicant shall become a ‘Member’ of Martell Elite Fitness and subject to the provisions of these Terms.
2 Privacy Policy
2.1. We take your privacy very seriously and agree to only use your Personal Information in accordance with our Privacy Policy set out on this Website. Please read our Privacy Policy to see how we use your Personal Information.
3 Links
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not:
3.2.1 change, alter or distort any content on the Website;
3.2.2 misrepresent its relationship, or present false information about Martell Elite Fitness and/or any third parties referenced on the Website or information regarding other Members;
3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive.
If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
4 Martell Elite Fitness Membership and subscription
4.1 Martell Elite Fitness can change any paid-for Membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for paid-for Membership and the prices mentioned below are by way of example only. We may make offers for Trial Membership (defined below) to new subscribers at any time – conditions applicable to each Trial Membership period offer are set out in Clauses 5.2 to 5.5 below. The conditions applicable to all Martell Elite Fitness Rookie, Martell Elite Fitness Professional or Martell Elite Fitness Elite (all paid-for memberships) Membership subscribers (Trial Members or full Members) are set out in Clauses 5.6 to 5.9 below. Cancelations of all Memberships will be dealt with in accordance with Clauses 5.7 and 5.8.
4.2 Where we offer you a Trial Membership of Martell Elite Fitness (“Trial Membership”), such Trial Membership will run from the day after your application to register with Martell Elite Fitness has been accepted by Martell Elite Fitness and continue for the Trial Membership offer period as indicated on the Website. You will be notified of your first payment date upon registration. Trial Memberships are only available to new Membership subscribers of Martell Elite Fitness and for the limited periods as set out on the Website. Previous Membership subscribers or those subscribers who have already benefited from a Trial Membership subscription to Martell Elite Fitness do not qualify for a further Trial Membership.
- If you do not want to continue your subscription after your Trial Membership comes to an end, you must contact us at least ten (10) Working Days (a “Working Day” being any day between Monday-Friday which is not a public holiday in Canada) before your Trial Membership period ends by submitting a cancellation request to us via an email to martell.elite.fitness@gmail.com, otherwise your subscription will automatically continue and you will be charged the full Martell Elite Fitness monthly Membership Subscription rate which (at the date these Terms are available on this page of the Website) is either:
- $17 per calendar month for Rookie Membership; or
- $87 per calendar month for Professional Membership; or
- $207 per calendar month for Elite Membership.
All Membership Fees are payable one calendar month in advance, in accordance with Clause 7 below.
4.3 Where we offer your first (1) month’s Membership subscription for free, your first (1) month’s subscription payment will be waived. Unless you tell us you no longer wish to continue your Membership subscription after this first (1) month discounted period by submitting a cancellation request to us via an email to martellelitefitness@gmail.com at least ten (10) Working Days notice before your discounted Membership subscription period ends, your Membership subscription to Martell Elite Fitness will automatically continue at the full Martell Elite Fitness Membership subscription rate outlined in Clause 5.2 above, or at the rates detailed on the Website at the time your full Membership subscription is due.
4.4 Where we offer you a discount for the first year’s Membership subscription (ie, your first twelve (12) months subscription), the first annual payment will be at the reduced amount set out below (or as detailed on the Website at the time you apply for Membership subscription) payable in advance in accordance with Clause 7 below. If you continue with your subscription after the first year, the full annual subscription price is either the cost set out below, or the price as set out on the Website at the time the full Membership subscription is due:
1.$17 per calendar month for Rookie Membership; or
2.$87 per calendar month for Professional Membership; or
3.$207 per calendar month for Elite Membership.
Unless you tell us you no longer wish to continue your Membership subscription after first (1) year’s discounted period by submitting a cancellation request to us via an email to martellelitefitness@gmail.com at least ten (10) Working Days notice before your discounted Membership subscription period ends, your Membership subscription to Martell Elite Fitness will automatically continue at the full Martell Elite Fitness Membership subscription rate outlined above, or at the rates detailed on the Website at the time your full Membership subscription is due, for a further annual subscription period.
4.5 If at any time during your subscription we decide to increase the price of an Martell Elite Fitness Membership subscription, we will give you at least six (6) weeks’ notice in advance by email to give you time to decide whether you wish to continue your subscription. If you do not wish to continue, you should let us know during this six-week period and we will cancel your subscription. This only applies to subscriptions payable monthly – if you have pre-paid an annual subscription then the price you have paid will not alter and any new prices applicable to your next annual subscription period will be notified to you by email six (6) weeks prior to the end of your annual subscription period.
4.6 If you wish to cancel your Martell Elite Fitness Membership subscription at any time after a Trial Membership or discounted periods as set out in Clauses 5.2-5.5 above, you must give us the following notice by submitting a cancellation request to us via an email to martellelitefitness@gmail.com to cancel your subscription:
i. for monthly Membership subscriptions, we require at least thirty (30) days notice of cancellation; or
ii. for annual Membership subscriptions, we require at least thirty (30) days notice of cancellation.
No refunds shall be given for any unused remaining period of your Membership subscription, for either monthly or yearly subscriptions If a Member serves notice to cancel their monthly subscription in accordance with Clause 5.8i) above part-way through a calendar month, then cancellation will not be effective until the end of the following calendar month and the Member will be charged a further one (1) months subscription fee for the calendar month during which the Member is still a Member of Martell Elite Fitness, before the cancellation takes effect.
4.7 Any promotion code or offer provided for use on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
5 Access to member-only content on the Website
5.1 When we have accepted your application for a Membership subscription through the sign up area on the Website, we may provide you with a user identification code and password, via a verification email directly to the email address that you provide to us, as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms, or have used the Website in contravention with the Disclaimer and/or the Privacy Policy.
5.2 Your right to use and access the Membership subscription area of the Website is personal to you, and you must not allow any other person to gain access to the Membership subscription area of the Website using your username and password. You must keep your username and password confidential.
5.3 You are entitled to use and access the Membership subscription area of the Website from the time you receive a username and password by email until your Membership subscription is cancelled in accordance with Clause 5 above, or until your Membership subscription is terminated in accordance with these Terms. Your username and password will be disabled by us at the time your Membership subscription period expires, or upon termination in accordance with these Terms.
6 Payment Terms
6.1 A paid-for subscription Member is responsible for paying all sums due to Martell Elite Fitness in connection with their Membership account in accordance with this Clause 7. The first Membership subscription fee payable in accordance with Clause 5 is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) your Membership account will be charged the subscription fee for the following months (or year’s) subscription, together with any other fees for the following months subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example, for additional personal training costs incurred in the previous calendar month) (“Fees”). Failure by the Member to use any of the services available for a Member through its subscription to Martell Elite Fitness does not relieve the Member of their payment obligations under these Terms.
6.2 Potential registrants and/or Members can pay by Paypal, Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal or Stripe’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal or Stripe can collect the payment for Fees from the Member’s Credit Card or Debit Card provided for payment through PayPal or Stripe, for PayPal or Stripe to forward payment of the Fees to us directly.
The potential registrant and/or Member shall NOT send credit card details to Martell Elite Fitness directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal or Stripe directly via the Website. Martell Elite Fitness cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
6.3 Potential registrants and/or Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.paypal.com.
6.4 Martell Elite Fitness reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Martell Elite Fitness starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.
6.5 Martell Elite Fitness reserves the right to terminate a Member’s account and/or service for any reason (including paid-for subscriptions and/or guest subscriptions), on serving notice to the Member at any time by email to the Member.
6.6 Martell Elite Fitness reserves the right to terminate a Member’s account and/or service (for paid-for subscriptions and/or guest subscriptions) immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Martell Elite Fitness in its entire discretion. The Member shall not be entitled to any refund of Fees if Martell Elite Fitness terminates Membership in accordance with this Clause 7.6.
6.7 You may terminate your Membership subscription at any time by submitting a cancellation request to us via an email to martellelitefitness@gmail.com. If we receive notice of your termination during an uncompleted calendar month, then you will not be entitled to a refund for the remaining part of that calendar month’s subscription Fee and we shall be entitled to charge you one further calendar month’s subscription Fee in accordance with Clause 5.7. We shall acknowledge receipt of any termination requests we receive from you within 24 hours of receipt. If you do not receive a termination receipt email from us within 24 hours, please ensure you contact us immediately via our contact form selecting ‘myAccount support’ from the drop down category list. You may continue to enjoy the benefits of your Martell Elite Fitness Membership subscription for the time remaining of your paid-up subscription
6.8 The Fees chargeable to paid-for subscription Members exclude any applicable value added tax (VAT), or any other applicable tax or levy, that Martell Elite Fitness may charge in addition to the Fees.
7 Our content
7.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Martell Elite Fitness or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Martell Elite Fitness with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
8 Your content
8.1 You may post comments on our Website and/or blogs. The Member agrees to only post comments or information on the blogs in accordance with Clause 10 below and any other terms included on our Website. You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Martell Elite Fitness is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Martell Elite Fitness does not verify the accuracy or truth of any comments and/or information placed by Members on the Website and Martell Elite Fitness shall not be liable for an inaccuracies or untruths placed by Members on the Website.
8.2 You own any copyright in the text you post to our Community Forums and/or blogs within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.
10 Liability
10.1. Please see our separate document which details our Disclaimer in relation to the Website.
10.2 Martell Elite Fitness shall operate the Website and provide the services set out on the Website with reasonable skill and care.
10.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of Martell Elite Fitness.
10.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
10.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
10.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Member’s Membership subscription.
10.7 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
11 General
11.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
11.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
11.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Martell Elite Fitness on these Terms, that it has not relied upon any representation, undertaking or promise by Martell Elite Fitness or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by Martell Elite Fitness, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.
11.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
11.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the Canadian Law. The parties irrevocably agree that the courts of Canada shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.
Updated: 01.05.16