House Of Gains Fitness Inc. (“Company” or “We” or “HOG” ) respects your privacy and is committed to protecting it through our compliance with these terms & conditions of use.

By accessing this website we assume you accept these terms and conditions. Do not continue to use the website of mobile app if you do not agree to take all of the terms and conditions stated on this page.

TERMS OF USE

Last Update: Dec 05, 2022

For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at houseofgains.ca or through our mobile application. “Service” refers to the Company’s services accessed via the Site, in which users can. 

• Sign up, sign in as a registered user. Purchase available subscriptions and plans to get personalized meal plans and workout plans.

• View manage and interact with their workout and meal plans. take pictures and notes about their progress.

The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

The following Terms of Use apply when you view or use the Service or by accessing the Service through clicking on the application (the “App”) on your mobile device.  

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 13 years old to register for and use the Service.

If you are a user who signs up for the Service, you will create a personalized account which includes a unique email and password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

In order to obtain the details about the services of the application and to verify that there is no misuse of the application by verifying the user using the app, it is necessary for the user to sign up as based on the details provided during sign up the application is fetching a list of the nearby vendors/restaurants and to contact the user in case of special services and notifications.

Restrictions on Use:

1. This app is to be used for lawful purposes only. At no point in time is any user of the app permitted to post or transmit through the app any material considered to be unlawful, which violates or infringes in any way upon the rights of others, including but not limited to all material considered to be threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
2. You shall not e-mail, upload, post or otherwise make available on the app any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Standards of Behavior

To protect the needs and interests of all person(s) who use the App, we have set the standards of behavior outlined below (“Standards of Behavior”). Please review these Standards of Behavior. They will help you understand what type of behavior is acceptable, and what type of content may be reported and removed at HOG’s discretion. Any obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening or harassing language of any kind will not be tolerated. Impersonating other people is not allowed. HOG may at its discretion terminate your use of the App and/or Website for any reason without notice.

a) Violence/threats/harassment
The safety of our members and each person is our number one priority. We may at our discretion, remove any content and may escalate to law enforcement if we believe there is a genuine risk of physical harm to a person. You must not threaten other persons or organize acts of violence. We also prohibit promoting, planning or celebrating any of your actions if they have, or could, result in any form of harm to others, including theft, vandalism or financial harm. HOG will not tolerate bullying or harassment. All reports of abusive behavior directed at users will be taken seriously and may result in a person(s) removal or suspension from the App and/or Website.

b) Hate speech

HOG does not tolerate or accept any form of content that attacks an individual or group based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition. All reports of hate speech directed at a person will be taken seriously and may result in a person’s removal or suspension from the App and/or Website.

c) Graphic content (nudity and pornography)

Sharing on the App and/or Website any graphic, nude or pornographic content is strictly prohibited. All reports of sharing graphic content or nude or pornographic content yourself or directed at another user will be taken seriously and may result in a person’s removal or suspension from the App and/or Website.

d) Identity and privacy

You must not publish the Personal Information of another person without their consent. All reports of the misuse of a person’s identity or private and Personal Information directed at another person will be taken seriously and may result in a user’s removal or suspension from the App and/or Website.

e) Reporting misuse or abuse

If you see something on a Website or App that you believe is a breach of these Terms, you should report it to HOG.

Welcome to House of Gains / HOG App. We invite you to access our Mobile App, use the HOG Web Access service, and have the guidance and coaching of the HOG Team. However, please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the HOG service, so please review these terms carefully. You accept these Terms and Conditions in full by using our app, creating an account, or submitting payment for a product or service. If you disagree with these Terms and Conditions, you should not sign up or register for this app or the HOG services.

1. With our guidance, you significantly improve your ability to accomplish your training goals faster, safer, and with maximum benefits. The details of these training sessions can be used for a lifetime.

In order to maximize progress, it will be necessary for you to follow program guidelines during supervised and unsupervised training days. Remember, exercise and healthy eating are EQUALLY important!
Every effort will be made to ensure your safety during your exercise program. However, as with any exercise program, there are risks, including increased heart stress and the chance of musculoskeletal injuries. In volunteering for this program, you agree to assume responsibility for these risks and waive any possibility of personal damage. You also agree that, to your knowledge, you have no limiting physical conditions or disabilities that would preclude an exercise program. By using the app, creating an account and/or submitting payment for a product or service, you accept full responsibility for your own health and well-being, AND you acknowledge an understanding that no responsibility is assumed by the leaders of the program or the HOG App.
2. Indemnity – The training program may include, but not limited to, the following activities: testing of physical fitness; exercise; aerobics and aerobic conditioning; cardiovascular training; weight lifting and training; and stretching. Client agrees to indemnify and hold harmless the Company, the App and its Trainer(s) for any injuries, illnesses, and the like experienced as the result of the Client’s Training.

3. MEDICAL AND FIRST AID – The client acknowledges he/she should consult a qualified physician before engaging in any Fitness or Nutritional Program. Client agrees to ensure that He/She is not subject to any illness, problems or conditions, medical or otherwise, which would make the undertaking of any fitness or nutrition program dangerous, hazardous or otherwise harmful to the Clients health and well-being and Client knowingly and voluntarily assumes any and all risks and liabilities in relation to same.
By signing this agreement, Member hereby irrevocably and unconditionally fully releases and forever discharges the Companies from any and all claims, actions or other proceedings of every kind and nature for any loss, injury, illness, death, damage and/or liability whatsoever of every nature and kind, in law or in equity, whether now known, anticipated or otherwise, which any Member had, has or may have against any of the Companies, directly or indirectly, arising out of, resulting from, or in any way associated with any Training or Nutritional program, whether supervised or unsupervised.

4. Warranty: While HOG and its Trainer(s) fully believe exercise and nutrition, is beneficial to the Client’s health and wellness, HOG and its Trainer(s) cannot guarantee the results of Training Sessions and Nutritional guidance. It is subject to the clients commitment and adherence to the plan(s) provided. There may be cases where underlying health issues may be affecting the results of the program.

5. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, legal action will ensue. If HOG or its trainer(s) are the successful Party, it will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

6. Forum Terms: “Forum” means a chat area, bulletin board, or email function offered as part of HOG App. You shall not upload to, distribute through, or otherwise publish any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our prior approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other HOG guests to join or become members of any commercial online service or other organization is expressly prohibited.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this forum and their agents with respect to any claim based upon any post you may make.

Although messages posted in Forums are not the responsibility of the HOG and we are not responsible for the content or accuracy of any of these messages, we reserve the right to delete any message for any or no reason whatsoever.

Terms: You acknowledge that you understand the HOG App is an automated subscription and will be charged monthly on the original date of subscribing. To cancel your subscription, please notify an authorized HOG team member a minimum of 7 days prior to your renewal date. Failure to provide a minimum 7day notice will result in the Client being charged the full rate. All Subscriptions are final and non-refundable. No refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions. In certain cases, with approval of an authorized HOG staff member, a credit can be issued which is valid for a year from the original purchase date. The “No Refund” policy applies to all HOG services, products and programs.

THE APP IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE APP.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT THE HOG APP REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.