TERMS OF SERVICE
www.jessieau.ca
THESE TERMS OF SERVICE (“TERMS OF SERVICE”) CONTAIN LEGAL OBLIGATIONS AND GOVERN THE USE OF THE SERVICES. PLEASE READ THEM CAREFULLY BEFORE USING THE SERVICE.
Welcome to www.jessieau.ca (the "Website”), a Website owned and operated by Jessie Au (“we”, “our” or “us”). For the purposes of these Terms of Service, “you” or “your” indicates such individual or individual representing an entity browsing, accessing the online resources available, or using any of the services offered by us (the “Services”) on this Website. The Service provided by us to you includes, among other things, a subscription-based video-on-demand service relating to movement, dance, fitness and exercise (collectively, the “Content”). The following Terms of Service apply to the Website, the Services, the Content and our Privacy Policy. For certainty, our Privacy Policy is incorporated herein by this reference in its entirety.
By using the Services, the Website, and/or accessing the Content, you certify that: you are of the age of majority in British Columbia or your jurisdiction of residence; and any information you provide to us is and will be true, accurate, current, and complete. The Platform is intended for use by individuals over 18 years of age, and if you are under the legal age of majority in your jurisdiction of residence, your parent or legal guardian must consent to these Terms.
These Terms of Service govern your use of the Website. Accordingly, by browsing the Website and/or accessing the Services and the Content, you confirm that you have carefully read and understand these Terms of Service, and that you consent to, and agree to be bound by, the Terms of Service. We reserve the right to make any amendments to the Terms of Service at any time and for any reason. Such amended version of the Terms of Service will be posted on the Website and it is your sole responsibility to check the Terms of Service for changes. Each time you visit, browse, use or access the Website, the Services and the Content, you accept these Terms of Service. If you do not agree to these Terms of Service, or any future amendments, your sole recourse is to immediately cease use of the Website and the Services.
Registration
(a) Registration. To access and use the Services and the Content you must register an account (“Account”) on our Website. During the registration process, you will be asked to provide certain Personal Information (as that term is defined in the Privacy Policy), including your name, email, billing information, as well as other information. You agree to promptly update any of the information that you have provided so that your Account remains truthful, complete and accurate at all times. You may not be able to access the Services or the Content if the information that you provide is misleading, incorrect or if you do not update that information when necessary.
(b) Your Responsibilities. The Services are provided to you, on a strictly personal and individual basis, and for your non-commercial use only. You may therefore not sell or charge others for the right to use your Account, allow others access to your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Content or Services other than expressly permitted by these Terms or as otherwise specifically permitted by us. For certainty, you may not share your account password with any other individual for any reason. You are solely responsible and liable for any use and misuse of your account and any activities that take place under your account, and must promptly notify us of any unauthorized use of your account, whether known or suspected. We are not responsible for your failure to do so, or for any delay in suspending your account following your notice. For security reasons, you must keep your username and password confidential and not disclose it to any person or permit any other person to use it. We reserve the right to suspend or terminate your account if you are using our Website illegally or if you violate these Terms of Service.
Personal Information; Consent to Disclose
You hereby authorize us to use, collect, or disclose any Personal Information provided by you in accordance with our Privacy Policy to the extent necessary to provide the Services and the Content, including, without limitation, services in connection with the Website. We may use one or more third party service providers to transmit, process and/or store your Personal Information and you hereby agree to such collection, use and disclosure.
You hereby authorize us and any third party to which we directly or indirectly distribute any Personal Information to verify any portion of such Personal Information and in any manner.
Acceptable Use and Your Obligations
In connection with your use of and access to our Website, the Services and/or the Content, you shall not knowingly (after taking commercially reasonable precautions) access, store, post, distribute or transmit any viruses or any material that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other protected grounds of discrimination; or (f) causes damage or injury to any person or property. Without limiting the foregoing, you shall not: (a) use the Website for any illegal purpose; (b) harass or mistreat other users of our Website; (c) violate the rights of other users of our Website; (d) violate the intellectual property rights of the Website owners or any third party to the Website; hack into the account of another user of the Website; (f) act in any way that could be considered fraudulent; or (g) post any material that may be deemed inappropriate or offensive.
You further shall not (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Services or Content (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (c) access all or any part of the Services, the Website, and/or the Content in order to build a product or service which competes with the Services, the Website, and/or the Content; (d) use the Services, the Website, and/or the Content to provide services to third parties; without our prior written consent in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services or Content available to any third party; or (f) use the Services, the Website, and/or the Content in violation of any applicable law or outside the scope expressly permitted herein.
If we believe you are using our Website illegally or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our Website. We also reserve the right to take any legal steps necessary to prevent you from accessing our Website.
Promotions
We may from time to time offer special promotional offers, plans or subscriptions (each, a “Promotion”, collectively “Promotions”), including providing first time users of the Services with access to the Services at no charge or a discounted rate for a set period of time. The availability of any Promotion is not guaranteed. If we provide a Promotion, the eligibility for such Promotion shall be determined by us at our sole discretion, and we reserve the right to revoke a Promotion and put your account on hold in the event that we determine you are not eligible. We may use information such as method of payment or an account email address used with an existing or recent subscription to determine Promotion eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotion or in other communications made available to you.
Free Trial
As a current Promotion, we offer a 7-day free trial that begins when users register for a new Full Access Membership Account. The free trial includes unlimited access to all the Content available on the Website.
At the end of your free trial, the following will occur: You will automatically be billed our monthly Full Access subscription rate. If you do not want to be billed, you will need to cancel your subscription before your free trial period ends.
To cancel your free trial, please follow these steps: Log in to your account to cancel your current subscription.
We reserve the right to revoke our offer of such free trial at any time and for any reason.
Subscription Terms and Payment
Unless a Promotion applies, the Services will be paid for in full when the Services are ordered.
All information, descriptions, or images that we provide about our Services and Content 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 Services and Content we provide. You agree to purchase the Services from our Website at your own risk.
Your subscription to the Services and the Content includes enrollment into an ongoing and recurring payment plan and will therefore continue, until terminated whether by you or us. Accordingly, to the fullest extent permitted by applicable law, unless you cancel your subscription to the Services before your next billing date, your subscription will automatically renew at the end of the next billing cycle. You can find the specific details regarding your subscription at any time by logging in to our website and viewing your account details. You authorize us to charge the applicable subscription fee in accordance with the subscription plan you select, including any other charges such as taxes and possible transaction fees, for the next billing cycle to the Payment Method (as defined below). If your primary Payment Method is declined or no longer available to use for payment of your subscription fee, you acknowledge that you will no longer be able to access and use the Services or the Content.
We reserve the right to change our subscription plans and the pricing of the Services from time to time. In the event of a price change or changes to your subscription plan, we will attempt to notify you 30 days in advance of the applicable change by sending an email to the email address you have registered for your Account. If you do not wish to accept such change, you may cancel your subscription without cost, penalty, or cancellation fee to you prior to the next billing cycle. Your failure to cancel your subscription will result in the renewal of your subscription in accordance with these Terms of Service.
We currently accept the following payment methods (“Payment Method”) on our Website:
When you provide us with your payment information, you authorize our storage, 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 to this payment instrument.
If we believe your payment has violated any law or these Terms of Service, we reserve the right to cancel or reverse your transaction.
Cancellation and Refund Policy
You can cancel your subscription to the Services and the Content at any time before the end of the current billing period of promotional offer, and you will continue to have access to the Services and the Content through the end of such billing period or promotional period, at which point your subscription will terminate. Unless required by law, all subscription fees are non-refundable, and we will not provide refunds, credits or pro-rated billing for any partial subscription periods or unwatched Content.
We reserve the right to modify, reject or cancel your order or subscription whenever it becomes necessary. If we cancel your order or subscription and have already processed your payment, except in cases where you have violated our Terms of Service, 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.
To cancel your subscription, log in to your Account to cancel your current subscription.
Licenses
Provided you continue to comply with these Terms of Service, we hereby grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license, to access and use the Service and the Content in accordance with the access privileges associated with your subscription through your registered Account solely for your personal and non-commercial use. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Intellectual Property
All content published and made available on our Website, including without limitation, the Service (including all components thereof) and the Content, are the property of Jessie Au (or such applicable third parties), and are protected by copyright, trademark, patent, or other proprietary rights. Such property includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Website. You acknowledge and agree that you have no ownership rights in the Website, the Service or the Content, and you only have a limited license to access and use the Service and Content for solely personal and non-commercial purposes.
Except as expressly provided, nothing in these Terms of Service or within the Service, including any Content, will be construed as conferring any license or other right or entitlement under any intellectual property right, whether by estoppel, implication, waiver, or otherwise.
Age Restrictions
The minimum age to use our Website is the 18 years old. By using this Website, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Consumer Protection Law
Where the Business Practice and Consumer Protection Act (British Columbia), or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms of Service will not limit your legal rights and remedies under that legislation. These Terms of Service will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Service and that legislation, the mandatory provisions of the legislation will apply.
Indemnity
Except where prohibited by law, by using this Website you indemnify, hold harmless and defend Jessie Au and our agents, employees, subsidiaries, partners and affiliates from and against any actions, claims, suits, fees, losses, damages, liabilities and expenses including legal fees arising out of (a) your use of our Website, the Service, the Content, (b) your violation of these Terms of Service, (c) any law or regulation, or (d) any right of any third party.
Disclaimer; Assumption of Risk; Limitation of Liability
You understand that providing any information, including any Personal Information, over the Internet poses significant risks and you hereby agree that you assume any and all such risks that may arise from your use of the Website and/or Services. You understand that, while the we take reasonable steps to ensure security of your information, we cannot guarantee security of your Personal Information. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES AS PROVIDED BELOW, WE EXPRESSLY PROVIDE THAT WE ARE NOT LIABLE FOR ANY BREACH IN SECURITY THAT RELATES IN ANY WAY TO ANY PORTION OF YOUR INFORMATION. WE SHALL NOT BE LIABLE IN ANY WAY FOR ANY ACTION THAT ANY THIRD PARTY TAKES WITH REGARD TO ANY PORTION OF YOUR INFORMATION THAT IS PROVIDED TO THAT THIRD PARTY.
ALL SERVICES AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WE, ON BEHALF OF OURSELF, AND OUR AFFILIATES, PARTNERS, AND LICENSORS, HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS SERVICES, ITS CONTENT OR THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OTHERWISE AVAILABLE THROUGH OUR SERVICES OR THIS WEBSITE WILL CREATE ANY WARRANTY REGARDING US OR ANY OF OUR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU USE THE SERVICES AND USE, ACCESS, OR DOWNLOAD ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR SOFTWARE, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSSES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, WEBSITE, YOUR DEALINGS WITH ANY OTHER THIRD PARTY, OR YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES OR WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA THAT MAY RESULT FROM THE SERVICES, WEBSITE, SOFTWARE OR THE USE OF ANY OF ITS CONTENT.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SERVICES, INCLUDING INACCURACY OR INCOMPLETENESS OF ANY SUCH TOOLS, ANALYSIS, RESEARCH OR OTHER INFORMATION, AVAILABLE THROUGH OUR SERVICES OR ITS CONTENT.
WE, AND OUR AFFILIATES, PARTNERS, AND SUPPLIERS, AND ANY OF THEIR RESPECTIVE REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ITS CONTENT.
EXCEPT AS REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT OF THE APPLICABLE SUBSCRIPTION FEE PAID BY YOU.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
Waiver and Release of Liability
By using the site and its services you acknowledge and agree to the following:
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- You are voluntarily participating in a dance, fitness, movement or exercise video provided by us entirely at your own risk.
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- You will be receiving instruction and information concerning movement, fitness and wellness techniques, which may include weight training and other physical activities.
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- You are fully aware of the risks and hazards involved in participating in such movement, fitness, and exercise classes and modalities, whether online or otherwise.
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- You represent and warrant that you are physically fit and have no physical or mental health condition that would prevent your safe participation. It is your responsibility to consult with a physician prior and regarding your participation in such classes. Without limiting the foregoing, if you are pregnant or have a known cardiac arrhythmia (including very slow heart rate), a history of heart block, or if you are taking antipsychotic medications that may result in an adverse reaction in connection with physical activities, you will consult with and obtain the permission of a physician prior to engaging in any weight training or other physical activities in connection with these classes.
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- You willingly and voluntarily assume any risks, injuries or damages, known and unknown, which might incur as a result of participating in these classes videos, and agree that we will not be liable for such injuries or damages, to the maximum extent allowed by applicable law.
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- Jessie Au is not a medical professional and does not provide any medical diagnoses or treatments. If you have or suspect you have any medical condition, you will seek the help of a medical professional.
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- BY ACCESSING THE CONTENT AND PARTICIPATING IN ANY OF THE DANCE, MOVEMENT, FITNESS AND EXERCISE CLASSES ON THE SERVICES, YOU, ON BEHALF OF YOURSELF AND, TO THE EXTENT PERMITTED LAW, YOUR SPOUSE, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND OTHER PERSONS OR ENTITIES ACTING OR PURPORTING TO ACT ON YOUR BEHALF (THE “RELEASOR PARTIES”), KNOWINGLY AND FREELY ACCEPT AND ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN AND ACCEPT AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION IN SUCH CLASSES. YOU, FOR YOURSELF AND THE RELEASOR PARTIES, HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, HOLDS HARMLESS AND FOREVER DISCHARGES JESSIE AU, AND HER EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, CONSULTANTS, CONTRACTORS AND AFFILIATES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ACTIONS UNDER LAW AND EQUITY, LIABILITIES, CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND/OR DEMANDS, WHETHER KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN, FUTURE OR CONTINGENT, THAT THE RELEASOR PARTIES MAY HAVE RELATING TO INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY ARISING FROM YOUR PARTICIPATION IN THE CLASSES, WHETHER CAUSED BY THE CONDUCT OR NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
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- YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS INJURY WAIVER AND GENERAL RELEASE, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT YOU WILL HAVE IRREVOCABLY GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS FROM ANY PERSON OR ENTITY.
No Responsibility for Others’ Content
We are not responsible or liable in any manner for any third-party content available on the Website, the Service, whether made available or caused to be made available by other users or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for user conduct, we do not control and are not responsible for our users’ actions and are not responsible for any third-party content you may encounter on the Service. Notwithstanding anything else in this Agreement, we have no responsibility to monitor any such third-party content
Governing Law
By browsing the Website and/or using and accessing the Services and Content, you agree that the Terms of Service shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by the laws of these jurisdictions, regardless of your place of residence. Any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You hereby consent to the exclusive jurisdiction of such court.
Severability
If at any time any of the provisions set forth in these Terms of Service are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Service. All other provisions will not be affected by the removal and the rest of these Terms of Service will still be considered valid.
Changes
These Terms of Service 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 Website and the way we expect users to behave on our Website. We will notify users by email of changes to these Terms of Service or post a notice on our Website.
All content of this website are copyrighted. ©2021 Jessie Au. We reserve all rights with regard to all any and all intellectual property on the Website, the Service or in the contents thereof, including copyrights and trademarks under common law or otherwise.
Effective Date: 15th day of December, 2021
