Last updated January, 2024
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
We do not condone the use of this website by minors or people below 18 years old. In the case that a minor under the age of 18 does use this website, we do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Intellectual Property Rights
Other than the content you own, under these Terms, Hogan Health & Fitness and/or its licensors own all the intellectual property rights and materials contained in this Website, the “back office”, Online and Offline trainings, videos and written materials contained within.
You are granted limited license only for purposes of viewing the material contained on this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not operated by Hogan Health & Fitness. Hogan Health & Fitness has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at https://www.hoganhealthnow.com/privacy. By using this Website, you consent to the Privacy Policy and its processing described therein and warrant that all data provided by you is accurate.
Restrictions
You are specifically restricted from all of the following:
Publishing any Website or Hogan Health & Fitness material in any other media; Including video(s), written material and internal trainings.selling, sub-licensing and/or otherwise commercializing any Website or Back Office materials publicly performing and/or showing any Website or Back Office materials; using this Website or Back Office, in any way that is or may be damaging to Hogan Health & Fitness or its affiliates, Joint venture partners or executives; using this Website or Back Office, in any way that impacts user access to this Website; using this Website or Back Office contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or Back Office materials; using this Website or Back Office to engage in any advertising or marketing. Making claims of any kind within the website, back office, social media (all platforms) with regarding to potential health or medical outcomes.
Certain areas of this Website and Back Office are restricted from being access by you and Hogan Health & Fitness may further restrict access by you to any areas of this Website or Back Office, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Prohibitions
You must not misuse this Website or Back Office. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Hogan Health & Fitness will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Hogan Health & Fitness you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Hogan Health & Fitness retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Hogan Health & Fitness or may in some cases be a third party. Where a contract is made with a third party Hogan Health & Fitness is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Returns
Coaching programs are non-refundable.
Please take that under advisement prior to purchasing one of our programs.
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Hogan Health & Fitness a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Hogan Health & Fitness reserves the right to remove any of Your Content from this Website at any time without notice.
No warranties
This Website is provided “as is,” with all faults, and Hogan Health & Fitness expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website and Back Office. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Hogan Health & Fitness nor any of its officers, directors, affiliates and employees, shall be held liable for anything arising out of or in any way connected with your use of this website and back office whether such liability is under contract. Hogan Health & Fitness, including its officers, directors, affiliates and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website and Back Office.
Indemnification
You hereby indemnify to the fullest extent Hogan Health & Fitness from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Hogan Health & Fitness is permitted to revise these Terms at any time as it sees fit, and by using this Website and Back Office you are expected to review these Terms on a regular basis.
Assignment
Hogan Health & Fitness is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Hogan Health & Fitness and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Canada and the Province of British Columbia, and you submit to the non-exclusive jurisdiction of the provincial and federal courts located in BC for the resolution of any disputes.
