Terms and Conditions of Use

Effective Date: 2024.10.01

1) The Parties

This is a binding Agreement relating to the provision of any Services or sale of Products (including online courses, physical products or downloadable material) and access to our website at www.btgfitness.com, our client portal at btgfitness.practicebetter.io, our social media pages or any other platform, and use of and participation in the online communities hosted therein (collectively the “Online Resources”).

This agreement is made between JPS Body Transformation Group Inc. (The BTG), located in Abbotsford, British Columbia, Canada, and you (the User), a user of the Online Resources, Services and Products.

2) Your Acceptance

By using the Online Resources, participating in any courses or making use of any services the User agrees to be bound by this Agreement and our Privacy Policy, on behalf of themselves, their personal representatives, heirs and assigns.

We may amend this Agreement or our Privacy Policy and will notify you if we do so. If you do not agree to the terms and conditions contained in this Agreement or our Privacy Policy (or any subsequent amendments) you must cease using the Online Resources, Services and Products immediately.

3) Choice of Law

This Agreement shall be governed by, and construed in accordance with, the laws in force in the Province of British Columbia, Canada, without regard to its conflict of law principles.

In the event of any dispute arising from or relating to this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of British Columbia. If the User resides outside of British Columbia, they agree that British Columbia law shall prevail, and that any dispute shall be resolved in accordance with the laws of British Columbia.

As a consequence, users must be at least 19 years of age (the age of majority in British Columbia) to purchase any of our Products or Services, or to access the Online Resources.

4) Requirement to Obtain Professional Medical Advice

You understand and accept that:

  • All content on the Online Resources is for informational and educational purposes only.

  • No therapeutic relationship is created by entering into this agreement.

  • No statements appearing on the Online Resources, Services or Products have been evaluated by any other national or international agencies.

  • None of the Online Resources, Services or Products are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.

  • The Online Resources, Services or Products are not intended as a substitute for the advice provided by your doctor or other healthcare professional.

  • You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services.

  • If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition, you should contact your health care provider before using our Online Resources, Services or Products.

  • Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Online Resources, Services or Products.

  • Please seek medical advice in regard to your health conditions and physical fitness.

  • If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

5) Nutritional Information

Nutritional information provided on the Online Resources is based on extensive research. Before relying on any nutritional information on the Online Resources, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

Persons with pre-existing medical conditions, or with any concerns as to commencement of any new nutritional program should consult with an appropriate healthcare professional before commencing any new nutritional program. You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through the Online Resources. Such information or material may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.

You acknowledge that by accessing or using any information from the Online Resources, Services or Products, you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Online Resources, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Business Practices and Consumer Protection Act (BPCPA) of British Columbia. You assume all risks in connection with your use of the Online Resources, Services or Products. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

6) Terms Of Use

(a) You are responsible for your use of the Online Resources, Services or Products, and for any use of the Online Resources, Services or Products made using your device(s). You also agree that your use of the Online Resources, Services or Products is for personal non-commercial use. You agree not to access, copy, or otherwise use the Online Resources, Services or Products, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.

(b) Limited Licence - We make our Services and Products available to you through the Online Resources. When you use the Online Resources, Services or Products (including the downloading of any course material), we grant you a personal, non-exclusive, revocable, limited license (the License) to use the relevant Services and Products and to access the Online Resources. This means you may not re-sell our Services or Products anywhere else or use them for any commercial purpose, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services.

This License may be terminated if you violate any of the terms of this Agreement or our Privacy Policy. Additionally, this Licence may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of the Online Resources, Services or Products are in violation of any applicable laws. If you do not agree to the terms of this Licence you must not use the Online Resources, Services or Products. You may terminate this Licence at any time by notifying us or ceasing to use our Services.

(c) We reserve the right to refuse service, block or suspend any user of the Online Resources, Services or Products, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Online Resources by any User, without prior notice.

(d) We are not responsible for, and accept no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Online Resources by any person other than us. We do not endorse any opinion, advice or statement made by any person other than us.

7) Third-Party Content and Third-Party Websites

The Online Resources, Services or Products may contain links to or display the content of third parties (“Third-Party Content”), including links to websites operated by other organisations and individuals (“Third-Party Websites”). Third-Party Content and Third-Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third-Party Content, Third-Party Websites or the products, services or information available on any Third-Party Websites, or in respect of the owner or operator of a Third-Party Websites or their conduct, including privacy compliance. If you use or rely upon Third-Party Content or Third-Party Websites, you do so solely at your own risk.

8) Intellectual Property

The design of the Online Resources, Services or Products along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to The BTG, subject to copyright and other intellectual property rights as applicable under law. We reserve all rights not expressly granted under these Terms and Conditions in and to the Online Resources, Services or Products. You agree to not engage in the use, copying, or distribution of anything contained within the Online Resources, Services or Products unless we have given express written permission.

By uploading, transmitting, posting or otherwise making available any material anywhere within the Online Resources, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act of Canada.

You understand and accept that any posts or comments shared on the Online Resources may be de-identified and used in marketing or promotional material.

You agree that the copyright in all Products vests in us and that your use of any Products downloaded from the Online Resources are subject to the Licence rights granted to you in these Terms of Use.

9) Personal Information

(a) We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address and postal code together with certain health information; not limited to your age range, height, weight, medical history, medication and supplement use. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy.

(b) You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

(c) By agreeing to the terms and conditions contained in this Agreement you agree to receive our email newsletter. You can unsubscribe at any time by emailing us at ‘[email protected]’ with ‘unsubscribe’ in your email’s subject.

10) User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of the Online Resources or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorized to access and use the Online Resources in a manner consistent with this Agreement. We have no obligation to investigate the authorization or source of any such access or use of the Online Resources.

You are solely responsible for protecting the security and confidentiality of your Login and for all activities on the Online Resources using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on the Online Resources through such access or use of your Login.

You must immediately notify us of any unauthorized use of your Login or any other breach or threatened breach of the Online Resources’ security you may be aware of.

11) Payment

We use a secure online payment system.

To purchase any of our Products or Services you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third-party payment processors such as PayPal, Stripe or Wave. By purchasing through the Online Resources, you agree that we may charge you the price listed at the checkout screen, and that any payments made via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered because of the fraudulent or unauthorised use of credit cards.

The prices for Services and Products provided under this Agreement will be as set out on the Online Resources at the time you apply for the Services or Products. All prices are in Canadian Dollars unless otherwise stated, and you agree that we may charge you GST (Goods and Services Tax) of Canada as set out in the Excise Tax Act and PST (Provincial Sales Tax) of British Columbia as set out in the Provincial Sales Tax Act where we deem it necessary.

From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount.

If you have any issues with payment do not hesitate to contact us at [email protected].

All Products and Services available from the Online Resources are subject to consumer protections under the BPCPA.

12) Refunds and Cancellation

We do not offer exchanges or refunds for a simple change of mind, please ensure that you are selecting and ordering products that are suitable for you.

If you have completed a course or e-book and remain unsatisfied with your experience or results, we may provide you with a full or partial refund, at our discretion. However, you will need to demonstrate that you have completed the course / e-book as instructed.

In the event of any defect with the Products or Services that you have purchased on or through the Online Resources, your remedies will be as prescribed under the BPCPA, and our liability will be limited to replacement of the Products or Services in question (where applicable), or refund to the value of those Products or Services. If you believe any of the Products or Services purchased on or through the Online Resources contain a defect, you must notify us immediately by emailing us at [email protected].

We do not provide refunds for payments already made unless required by the BPCPA.

13) Disclaimers

(a) To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Online Resources, Services or Products. Except as required by the BPCPA, we hereby expressly disclaim all liability for our Services, and for product defects or failures, claims that are due to the User’s use of our Service or Products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

(b) With respect to any breach or failure to comply with any terms of the BPCPA, we may replace any Products or supply equivalent Products, repair such Products, or pay for the cost of repair. For any Services, we may resupply the Service or pay for the Service to be supplied again.

14) Limitations and Liability

(a) Notwithstanding any limitations or restrictions placed on this limitation of liability by the BPCPA and the laws of British Columbia, Canada, the User hereby waives any and all claims which they may have against the BTG, its directors, officers, shareholders, employees, representatives and agents (collectively called the Agents), and Jean-Pierre and Raina Siou and their employees, representatives and agents (collectively called the Owners) and release The BTG, the Agents and the Owners from all liability for injury, death, property damage or any other loss sustained by them as a result of their use of the Online Resources, Services and Products, due to any cause whatsoever; including negligence, breach of contract, or breach of any statutory or other duty of care by the BTG and/or the Agents and/or the Owners.

(b) The User appreciates that the Agreement limits the liability of the Agents and/or the Owners to the same extent as it limits the liability of the BTG, even though the Agents and/or the Owners are not formal parties to the Agreement.

15) Indemnity

(a) You agree to defend, indemnify and hold harmless The BTG, the Agents and/or the Owners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

• your use of and access to the Online Resources, Services or Products;

• your violation of any term or condition of this Agreement;

• your violation of any third-party right, including without limitation any copyright, property, or privacy right; or

• any claim that any of your use caused damage to a third party.

(b) This indemnity will survive this Agreement and your use of our Products or Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for legal counsel of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable legal fees, court costs, and disbursements including in relation to the settlement of any claim.

16) Privacy

We comply with the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and the British Columbian Personal Information Protection Act (PIPA) and the applicable principles in both acts when handling personal information.

Our Privacy Policy can be accessed by clicking on this link.

17) Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using the Online Resources and our Services.

18) General

(a) This Agreement constitutes the whole of the agreement between the parties. It supersedes and extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.

(b) If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.

(c) No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.

(d) The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law