Terms of Service & Conditions of Use

Barre Belle Leslieville Inc./ Barre Belle Kensington Inc./www.barrebelleonline.com (dba Barre Belle/Barre Belle Queen West/Barre Belle Kensington/The Belle Bod) and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Barre Belle, you accept these conditions. Please read them carefully. In addition, when you use any currency or future the Barre Belle service you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to Barre Belle, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Barre Belle or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Barre Belle or its content suppliers and protected by Canadian, United States and international copyright laws. The compilation of all content on this site is the exclusive property of Barre Belle and protected by Canadian, U.S. and international copyright laws. All software used on this site is the property of Barre Belle or its software suppliers and protected by Canadian, United States and international copyright laws.

LICENSE AND SITE ACCESS

Barre Belle grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barre Belle. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Barre Belle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barre Belle and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Barre Belle name or trademarks without the express written consent of Barre Belle. Any unauthorized use terminates the permission or license granted by Barre Belle. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Barre Belle so long as the link does not portray Barre Belle, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Barre Belle logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Barre Belle only with involvement of a parent or guardian. Barre Belle and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONSENT

Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Barre Belle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Barre Belle and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Barre Belle and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Barre Belle or its affiliates for all claims resulting from content you supply. Barre Belle has the right but not the obligation to monitor and edit or remove any activity or content. Barre Belle takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Barre Belle and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

RISK OF LOSS

All items purchased from Barre Belle are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Barre Belle and its affiliates attempt to be as accurate as possible. However, Barre Belle does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barre Belle itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. With respect to items sold by Barre Belle, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Please note that this policy applies only to products sold and shipped by Barre Belle.

BARRE BELLE LIABILITY WAIVER/INFORMED CONSENT FORM

To participate in all programs and classes, and/or to utilize the facilities offered through Barre Belle Leslieville Inc./ Barre Belle Kensington Inc./www.barrebelleonline.com (dba Barre Belle/Barre Belle Queen West/Barre Belle Kensington/The Belle Bod), I acknowledge and agree to as follows:

I recognize that the program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program.

I acknowledge that my enrolment and subsequent participation is purely voluntary and is in no way mandated by Barre Belle

Barre Belle is not responsible for the loss or theft of any of my personal property while at Barre Belle’s premises or any other location where Barre Belle’s programs and classes take place.

In consideration of my participation in this program I hereby waive any and all claims that I have or may have in the future against Barre Belle, its directors, officers, employees, contractors and others providing services on its behalf, and their successors and assigns, and hereby release each of them from any and all liability for loss, damage, expense or injury (including death) that I might suffer resulting from my participation in programs and classes, due to any cause whatsoever, including negligence, breach of contract, or failure of Barre Belle to safeguard or protect me from risks, dangers and hazards (including but not limited to the risks described above).

I fully understand that I may injure myself as a result of my enrollment and subsequent participation in this program and I hereby release Barre Belle and its agents from any liability now or in the future for conditions that I may obtain. These conditions may include, but are not limited to, heart attacks, strokes, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, injuries to knees or other joints of the body, injuries to back, injuries to a foot, heat prostration, or any other illness or soreness that I may incur, including death.

This agreement is binding upon me, and my heirs, next of kin, executors, administrators and representatives. This agreement is governed by and interpreted in accordance with the laws of the Province of Ontario and Province of Alberta. Any litigation involving the parties to this agreement shall be brought within the Province of Ontario and Province of Alberta.

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS. I ACKNOWLEDGE THAT I AM WAIVING LEGAL RIGHTS BY SIGNING THIS LIABILITY RELEASE OR ATTENDING A SERVICE OFFERED BY BARRE BELLE

COVID-19 LIABILITY WAIVER

Assumption of the Wish and Waiver of Liability Relating to Coronavirus/COVID-19

Barre Belle has done their best to put in place preventable measures to reduce the spread of COVID-19; however, Barre Belle cannot guarantee that you will not become. Infected with COVID-19. Further, attending Barre Belle could increase your risk of contracting COVID-19

By attending class or visiting Barre Belle, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Barre Belle and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at Barre Belle may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Barre Belle employees and program participants.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any. Injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience. Or incur in connection with you attendance at Barre Belle (“Claims”). You hereby release, convenient not to sue, discharge, and hold harmless Barre Belle, its employees, agents, and representatives, from the Claims. You understand and agree that this release includes any Claims based. On the actions, omissions, or negligence of Barre Belle, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after. Participation in any Barre Belle program.

Barre Belle MEMBER PARTICIPATION AGREEMENT

Barre Belle has done their best to put in place preventative measures to reduce the spread of COVID-19. To keep members and staff as safe as possible, Barre Belle has made the changes to studio operating procedures and member responsibilities. 

I HEREBY AFFIRM THAT I HAVE READ AND FULLY UNDERSTAND THE ABOVE STATEMENTS. I ACKNOWLEDGE THAT I AM WAIVING LEGAL RIGHTS BY SIGNING THIS LIABILITY RELEASE OR ATTENDING A SERVICE OFFERED BY BARRE BELLE.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Barre Belle OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Barre Belle AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Barre Belle AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Barre Belle AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM Barre Belle ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Barre Belle AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN PROVINCES AND STATES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Barre Belle, you agree that the laws of the Province of Alberta, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Barre Belle or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Barre Belle or to products you purchase through Barre Belle shall be submitted to confidential arbitration in Calgary, Alberta, except that, to the extent you have in any manner violated or threatened to violate Barre Belle‘s intellectual property rights, Barre Belle may seek injunctive or other appropriate relief in any state, province or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the province of Alberta. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Barre Belle. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESSThe Belle Bod Inc.#103, 1812 4th Street SWCalgary, AB T2S 1W1Phone: 403-454-7765NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Barre Belle‘s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Barre Belle and its affiliates that your copyrighted material has been infringed.

· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

· A description of the copyrighted work that you claim has been infringed upon;

· A description of where the material that you claim is infringing is located on the site

· Your address, telephone number, and e-mail address;

· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Barre Belle, copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright AgentNiel Kahol, CALGARY OFFICE (as at Jan 2, 2017), 400 - 447 7 AVE SW Calgary AB T2P 0X8

SAFETY AND SECURITY TIPS: BUYING ON Barre Belle

Barre Belle is concerned about the safety and security of our customers. Accordingly, we have put a number of technological protections in place to ensure that our transaction process is extremely safe and that our customers’ information is secure.

Buyer Tip: Protect your passwords.

· If using a public computer or terminal, always log out when you complete an online session.

· Keep your passwords private. Remember, anybody who knows your password may access your account.

· When creating a password, use at least 8 characters–a combination of letters and numbers is best. Do not use dictionary words, your name, e-mail address, or other personal information that can be easily obtained. It is also recommended that you frequently change your password. Avoid using the same password for multiple online accounts.

Buyer Tip: Be wary of unsolicited e-mail and telephone contacts.

· Barre Belle will never e-mail or call a customer and ask that they disclose or verify their password, credit card, or banking account number. Such information should only be submitted when completing an order on Barre Belle, registering for payment, contacting Barre Belle directly, or when making updates to Your Account. If you receive a suspicious e-mail with a link to update your account information, do not click on the link–instead go directly to Barre Belle and then to your account. If you are contacted by, or receive an unsolicited e-mail from an unknown entity, and are asked to confirm or provide your password or personal or banking information, simply disregard the request and report the incident to Barre Belle for investigation.

Privacy Policy - Barre Belle Online

Barre Belle Privacy Policy

This is the Privacy Policy of Barre Belle Leslieville Inc/Barre Belle Kensington Inc. (hereafter referred to as “us” or “we” or “Barre Belle”). This Privacy Policy describes how your personal  information is collected, used, and shared when you use our streaming service, The Belle Bod/Barre Belle through our website thebellebod.vhx.com or any of our branded apps (together, the “Service”).

By using the Service, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. We may modify this Privacy Policy from time to time. Your  continued use of the Service constitutes your agreement to any updated Privacy Policy on a  prospective basis.

PERSONAL INFORMATION WE COLLECT

When you use the Service, we collect the following types of personal information:

Account Registration Information

In order to sign up for a free trial or make a purchase, you must create an account by providing  us with your email address and a password. You may also create a username and upload an avatar to  use for comments or forums.

Payment Information

You must also provide valid payment card information if you wish to sign up for a free trial,  subscription, or make any other purchase. Except for the name associated with your card and  information about the transaction (e.g., time of transaction, amount), payment card information is  collected directly by a third-party payment vendor and is not received or stored by us.

Information Collected Automatically

Each time you visit the Service, we automatically collect certain information about your device and your interaction with the Service. This may include your viewing activity, your IP address, location information, your browser type, your Internet service provider (ISP), referring/exit pages, your operating system, date/time stamps, and related metadata.

Comments

We may offer the ability to provide comments or to post messages in a forum. Any posts you make will be publicly available.

Other Information

You may also choose to provide other information about yourself in connection with surveys,  contests, special offers, customer support inquiries, and other communications with us.

HOW WE USE YOUR INFORMATION

We may use the information collected about you to:

  • Fulfill your orders and deliver content to you;

  • Send you marketing communications (depending on your preferences);

  • Provide customer support to you;

  • Analyze how the Service is being used for troubleshooting and improvements;

  • Communicate with you;

  • Collect debts, prevent fraud, and protect the integrity of the Service;

  • Enforce our legal rights;

DISCLOSURES TO THIRD PARTIES

We may disclose your information to the following types of third parties:

Authorized Service Providers

We share your information with authorized service providers involved in operating the Service. For  example, we use Vimeo OTT to power the Service and provide customer support. You can read more  about how Vimeo uses your personal information here:  vimeo.com/privacy. Our authorized service providers  also include payment providers, email service providers, and analytics companies.

Legal Situations

We may disclose your information when we have a good faith belief that compliance is required by a  search warrant, subpoena, court order, or similar request from a law enforcement or other  government agency.

To the Public

We may publicly disclose aggregated user statistics and other information, which is not considered  personal information. If you comment on a video or participate in a forum, your comment will be  shared publicly.

TARGETED ADVERTISING

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.

You can limit the use of your information for purposes of targeted advertising using a number of methods:

The options described above must be set on each of your devices in order to apply. Not all  companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from  other companies.

EMAILS

When you create an account, you may receive certain emails:

Transaction Emails: When you first create an account, we may send you a welcome  email that provides information about your subscription and your account. If you make a purchase,  we may send you an email confirming your purchase. We may also send you other emails concerning  your account status and renewals. You may not opt out of transactional emails.

Marketing Emails: Depending on your preferences, we may send you emails letting  you know about new programs or features, or promotions. You may opt out of these emails at any  time in your account settings.

YOUR PRIVACY RIGHTS

You may change your account information or close your account at any time by logging into your  account and adjusting your account settings. If you close your account or request that we delete  your account, you may lose access to content you have purchased. When you close your account, we  may preserve your account information to (i) let you know about new offers and content; (ii)  restore your account, if you ever wish to re-subscribe; and (iii) where we believe in good faith  that preservation is necessary to enforce our rights.

CHILDREN’S PRIVACY

The Service is not intended for individuals under the age of 16. If you are a parent or legal guardian who has discovered that your child has provided personal information through the Service  without your consent, please contact us so that we can remove any unauthorized information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to  our practices or for other operational, legal or regulatory reasons. Your continued use of the  Service constitutes your agreement to any updated Privacy Policy on a prospective basis.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email using the details provided below: info@barrebelle.ca