Terms of Use
Last Updated: February 12, 2024
The following terms and conditions govern and apply to your use of or reliance upon the website maintained by Lifestyle BW S.E.N.C. (the “Site”).
By using the Site, you agree to be bound by these terms of use. If you do not agree with one or more of the conditions, we invite you not to use the Site. You should periodically review the terms, as they may change at any time. Your use of the Site, following modifications, confirms your acceptance of the new terms. You must be 18 years of age or older or have the permission of your parents or guardians to use the Site.
The Site has been created to provide you with videos and information related to fitness and yoga, all for entertainment and educational purposes. You are solely responsible for determining your physical limits and acting accordingly. It is your responsibility to adjust the exercises and loads of each exercise to your personal abilities and ensure that each movement is well mastered. You should seek the advice of a physician before starting the exercises presented on the Site. Lifestyle BW S.E.N.C. makes no warranty as to the results following the use of the Site and its content.
The Site is controlled and offered by Lifestyle BW S.E.N.C. from Canada. Lifestyle BW S.E.N.C. makes no representation that the Site is suitable for other countries. Those who access or use the Site from other jurisdictions do so at their own discretion and are responsible for complying with local laws.
Use of Company Content
We may provide you with certain information due to your use of the site, including, but not limited to, documents, data, or information developed by us, or any other element that may assist you in using the site or the services (the “Company Content”). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein may be construed as granting you a license or intellectual property rights.
Intellectual Property
All content (videos, audio clips, texts, graphics, photos, trademarks, logos, music, visual interfaces, programs, source code, and others) of the Site are the exclusive property of Lifestyle BW S.E.N.C. All content is also protected by copyright as well as intellectual property rights worldwide. Any total or partial reproduction of the Site is strictly prohibited. You are prohibited from modifying, copying, distributing, transmitting, broadcasting, representing, reproducing, publishing, reusing, rebroadcasting, making public, encoding, translating, licensing, transferring or selling any information, software, product or service obtained from this Site, or creating derivative works of the aforementioned elements.
Linking to Other Sites
The Lifestyle BW S.E.N.C. Site may contain hyperlinks to third-party sites (partners, sponsors, advertisers, etc.). These other sites are provided for the convenience of users. They are not under the control of Lifestyle BW S.E.N.C., and Lifestyle BW S.E.N.C. is not responsible for and does not endorse their content, including any information or material contained on these other sites and the management of information or material that you or others may provide to these other sites. Before using any of these other sites, you should review their terms of use. The inclusion of a hyperlink on the Site does not imply that Lifestyle BW S.E.N.C. endorses this site. If you decide to access these other sites, you do so at your own risk.
User Account and Account Usage
If your use of the site requires an account identifying you as a user of the site (“user account”):
a) you are solely responsible for your user account, maintaining, confidentiality and security of your user account and any passwords related to your user account as well as the activity of anyone who has access to your account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your user account, services through your user account, a password related to your user account or any other breach of security of your user account or service provided through your user account, and you agree to assist us, as we may request, to stop or remedy any security breach related to your account; and
c) you agree to provide true, accurate, and current user information, as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information we hold is true, accurate, and current.
Payment
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to transaction details as the total price may include taxes, fees, and shipping costs for which you are responsible. When you provide us with a payment instrument, you declare that you have permission to use that payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument and any other information related to the transaction.
If you pay by debit or credit card, we may obtain a preauthorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the preauthorization may not be immediately available in your account. We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions or if we believe that by doing so we can prevent financial loss. To prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities, or any affected third party (including other users) and may share details of any payment with which you are associated if we believe that such action may prevent financial loss or a violation of the law.
Payment for any ongoing service will be automatically charged until you notify us that you wish to terminate the services.
Sale of Products and/or Services
We may sell goods or services. We are committed to being as accurate as possible with regard to any information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information regarding a product, and you acknowledge and agree that the purchase of such products is at your own risk.
Acceptable Use of the Site
You agree not to use the site for illegal purposes or any other purpose prohibited under this clause. You also agree not to use the site in any way that could harm the site, services, or business activity of Lifestyle BW S.E.N.C.
You also agree not to use the site for the following purposes:
a) harass, abuse, or threaten others or otherwise violate the rights of any person;
b) violate the intellectual property of Lifestyle BW S.E.N.C. or any other third party;
c) upload or transmit computer viruses or any other software that may damage the property of Lifestyle BW S.E.N.C. or others;
d) commit fraud;
e) create gambling activities, lotteries, or an illicit pyramid scheme or participate in them;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) illegally collect information about others.
Disclaimer of Warranty
While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date, or complete.
In no event shall we be liable for any damages arising from an error on the site. We assume no responsibility for any damage arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, error-free, or omission-free, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free from viruses or harmful components. The site and its content are provided “as is” and “as available” without any representation, warranty, or condition of any kind, express or implied.
If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers that you have chosen or that are assigned to you at the time of registration or subscription on Lifestyle BW S.E.N.C. or its partners, and to assume responsibility for all activities related to the use of these passwords or accounts. Furthermore, you agree to notify us of any unauthorized use of your password or member account. We cannot be held responsible, directly or indirectly, for any losses or damages of any kind arising from your failure to comply with this provision or related to such failure.
You acknowledge that we may, at our sole and absolute discretion, and without notice, suspend, cancel, or terminate your account, your use, or your access to the site or any of its services, and remove and delete any information or content related to the site or any of the services offered (and terminate your use thereof), for any reason, including if we believe you have violated these terms. Furthermore, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with Lifestyle BW S.E.N.C. or any of its services, or any of these terms, rules, policies, guidelines, or our practices regarding the operation of Lifestyle BW S.E.N.C. or any of its services, your sole remedy is to cease using the site or service in question.
Privacy Protection
By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country where we may operate. When you register for a user account, you provide us with a valid email address, and you may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications that you use to access our site, or we may receive information about you through various web technologies such as cookies, logs, invisible pixels (also called “invisible GIFs”), tags, and others. We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and to do so, we may work with third-party providers. If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address. If you choose to terminate your account, we will store and retain your information for a reasonable period of time in accordance with applicable federal, provincial, and other laws.
Reverse Engineering and Security
You may not undertake any of the following actions:
a) use reverse engineering or disassemble any code or software on or from this site;
b) violate or attempt to violate the security of the site through any unauthorized access, bypassing encryption or any other security tool, data exploitation, or interference with any host, user, or network.
Loss of Data
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
Indemnification
You agree to defend, indemnify, and hold Lifestyle BW S.E.N.C. and its affiliated companies harmless from any claim, lawsuit, or demand, including attorney’s fees, that may arise from or relate to your use or abuse of the site, your violation of these terms, or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.
Service Interruption
We may need to interrupt your access to the site to perform maintenance or unscheduled emergency work. You agree that your access to the site may be affected by unplanned or unforeseen unavailability, for any reason, and that we will not be liable for damages or losses arising from this unavailability.
Termination of User Account
We may suspend, limit, or terminate your user account and your use of the site at our sole discretion, at any time, without notice, and for any reason, including the operation or efficiency of the site or equipment or network owned by us or a third party that is disrupted by your use or abuse of the site or if you have been or are currently in violation of the terms herein. We shall have no liability to third parties, including a third-party provider, for any suspension, limitation, or termination of your access to the site.
Limitation of Liability
In no event shall Lifestyle BW S.E.N.C., its officers, directors, employees, and representatives, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any fault, error, or inaccuracy of content; any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site; any unauthorized access and use of our servers and/or any personal and/or financial information stored therein; any interruption or failure of transmission to or from the site; any bug, virus, Trojan horse, or other malicious attacks that may be transmitted to or through the site by any third party; and/or any error or omission in any content or for any loss or damage, of any nature whatsoever, resulting from the use of any content published, emailed, transmitted, or made available via the site in any other way. The above limitation of liability applies to the fullest extent permitted by law.
Except as clearly provided by law, in no way shall Lifestyle BW S.E.N.C. be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including loss of profits, even if Lifestyle BW S.E.N.C. has been advised of the possibility of such damages.
Confidentiality
Internet communications are subject to interception, loss, or alteration; therefore, you acknowledge that the information or items you provide electronically by accessing or using this site are neither confidential nor exclusive, except to the extent required by applicable laws, and that unsecured email communications over the Internet may be intercepted, altered, or lost. For more information, please see our Privacy Policy at the following address:
https://www.bewheeling.com/privacy-policy
Jurisdiction and Forum
You agree that any claim relating to your access to or use of the Site, including any dispute, will be governed by the laws of Quebec and Canada, in which case the courts of the district of Quebec will have jurisdiction.
For any questions or for further information, please contact us at the following address: info@bewheeling.com