Terms of service

TERMS AND CONDITIONS 

 These terms and conditions (the “Terms and Conditions”) govern the use of helefitness.ca (the “Site”).  This Site is owned and operated by Hele Fitness Incorporated. This Site is an e-commerce website. 

 By using this Site, you indicate that you have read and understood the Terms and Conditions and agree to abide by them at all times.  If you do not agree to these Terms and Conditions, please do not use our Site. 

 

THESE TERMS AND CONDITIONS CONTAIN CLAUSES THAT IMPACT YOUR RIGHTS.  PLEASE READ IT CAREFULLY. 

 

 Intellectual Property 

All content published and made available on our Site is the property of Hele Fitness Incorporated and the Site’s creators.  This includes but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. 

  

Sale of Goods 

These Terms and Conditions govern the sale of goods available on our Site. 

 The following goods are available on our Site: 

  • Fitness equipment.

 These Terms and Conditions apply to all the goods displayed on our Site when you access it.  This includes all products listed as being out of stock.   

All information, descriptions, or images that we provide about our goods are as accurate as possible.  However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide.  Therefore, you agree to purchase goods from our Site at your own risk. 

We reserve the right to modify, reject, or cancel your order whenever it becomes necessary.  If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid.  You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund. 

 

Payment 

We accept the payment methods available to you on our website on the day of your purchase.  

 When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use.  By providing us with your payment information, you authorize us to charge the amount due at checkout to said payment instrument. 

 If we believe that your payment has violated any law of these Terms and Conditions, or any laws of Canada and its Provinces, we reserve the right to cancel or reverse your transactions. 

 

Shipping and Delivery 

When you purchase goods from our Site, the goods will be delivered to you through one of our third-party logistics partners (the Shipping Partner).  By accepting these Terms and Conditions, you understand and agree that we will share your shipping information with our Shipping Partner in order to deliver the goods to the address you provide. 

 Delivery will take place as soon as reasonably possible.  Delivery times may vary due to unforeseen circumstances.   

 You will be required to pay delivery charges in addition to the price for the goods you purchase.   

 You are required to provide us with a complete and accurate delivery address, including the name of the recipient.  We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.  

  

Refunds 

 

 Refunds for Goods 

Refund requests must be made within 30 days after receipt of your goods.   

 We accept refunds requests for goods sold on our Site for any of the following reasons: 

  • Good is broken, or
  • Good is defective.

 Refunds do not apply to the following goods: 

  • Sale items, and
  • Hele Fitness dry bag.

 

Refunds for Delivery Charges 

Delivery charges are not refundable after the goods are shipped to you. For more information about refunds, please see our Refund and Returns Policy.

 

Returns 

Returns can be made by mail.  To return a good by mail, please follow this procedure: 

  • Pack your goods back in the original package, 
  • Attach the return label that was included in your return confirmation email, and
  • Go to the nearest UPS store and pay the necessary postage.

 For clarity, you will pay for the shipping costs of returning the goods to us. For more information about returns, please see our Refund and Returns Policy.

 

Consumer Protection Law 

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction, applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation.  These Terms and Conditions will be read subject to the mandatory provisions of that legislation.  If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply. 

  

Privacy Policy

Personal information is any information that personally identifies you or allows us to contact you. 

It includes your full name, your email address, your home address, your telephone number, and any other information you provide to us.  This information is ordinarily used to individualize your experience on the Site, communicate separately with you, facilitate your movements throughout the Site, and to be able to selectively send you communications that may be of interest to you, either electronically or otherwise. 

 Generally, you can visit the Site without revealing any Personal Information. The Personal Information collected from you during the registration process is used to manage your account.  This information is not shared with third parties unless specifically stated otherwise or in special circumstances. For more information, please see our Privacy Policy. 

 

Accounts 

When you create an account on our Site, you agree to the following: 

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account, and
  2. All Personal Information you provide to us through your account is up to date, accurate, and truthful.
  3. You will update your Personal Information if it changes.

 We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions. 

 

 

Data Security 

Hele Fitness Incorporated is committed to taking reasonable measures to protect your Personal Information from theft, misuse and alteration. Although Hele Fitness Incorporated’s security efforts are consistent with industry practices, complete privacy, confidentiality, and security are not yet possible over the Internet. 

 You agree that since the Internet is not a fully secure medium for the communication of information, and since privacy and confidentiality cannot be guaranteed, the use of our Site may cause your information to be accessed by, or disclosed to, other persons.  Therefore, you agree that Hele Fitness Incorporated shall not be responsible or liable for any damage that you, or any other person, may suffer in connection with the communication of private, confidential, or sensitive information on our Site. 

 While we make reasonable efforts to ensure the integrity and security of our network and systems, but we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining the client’s information.   

 

Cookies 

A cookie is a piece of data stored on the user’s hard drive containing information about the user.  Cookies may include information such as the user or session ID or other information that identifies a user.  Cookies allow us to confirm that you are a valid user as you navigate through the Site.  Once you close your browser or log off the Site, the cookie terminates.  By accepting cookies from the Site, you would not have to log in with a password more than once during a session.  You can configure your browser not to accept cookies.  If you reject the cookie, you can still use the Site, although your use will be limited. 

 

Privacy of Our Email Lists 

Individuals must affirmatively ask to join our mailing lists using the forms provided on the Site.  We do not sell, rent, loan, trade, or lease the addresses on our list to anyone.  In addition, we configure our list server software to refuse to divulge the email addresses of our list subscribers to anyone but authorized Hele Fitness Incorporated staff, including other list subscribers. 

 

Unsubscribe Policy 

We strive to only send emails to those who want to receive them. If you would not like to receive future emails from us, reply to any email with UNSUBSCRIBE as the subject. 

 

Limitation of Liability 

Hele Fitness Incorporated and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses, including legal fees from your use of the Site. 

 

Indemnity 

Except where prohibited by law, by using this Site, you indemnify and hold harmless Hele Fitness Incorporated and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions. 

 

Governing Law and Jurisdiction 

These Terms and Conditions are governed by the laws of the Province of Alberta.   

 You and Hele Fitness Incorporated submit to the jurisdiction of the courts of the Province of Alberta for resolution of any disputes that may arise and that you are unable to resolve through informal discussion. 

 

Severability 

If at any time any court deems any provision of these Terms and Conditions invalid, that provision shall be severed, and the remaining provisions shall remain intact with the necessary amendments. 

  

Contact Details 

Please contact us if you have any questions or concerns.  Our contact details are as follows:  

 Via email at info@helefitness.ca 

Via mail at 37 Walden Walk SE, Calgary, AB, T2X 0Y4. 

 

 Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.  We will post changes to these Terms and Conditions on this page. 

 

TERMS AND CONDITIONS

Advanced SimRacing (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy [Insert URL Link to your Privacy Policy] (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Advanced SimRacing and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of [Describe company’s goods/service offerings - this should be broad and general to encompass any type of message you may send. Messages outside of this scope may not be allowed under the TCPA]. Messages may include checkout reminders.
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@apevie.com.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
  11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Anjou, Quebec before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Advanced SimRacing’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
  12. Canada Law: We endeavor to comply with the Canada Telemarketing Act and the Canada Do Not Call Act as applicable to Canada residents. For purposes of compliance, you agree that we may assume that you are a Canada resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Canada or (2) the area code for the phone number used to opt-into the Program is a Canada area code. You agree that the requirements of the Canada Telemarketing Act and the Canada Do Not Call Act do not apply to you, and you shall not assert that you are a Canada resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Canada resident by sending written notice to us. Insofar as you are a Canada resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Canada Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.