Terms & Conditions

THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SPINCO.  PLEASE READ IT CAREFULLY BEFORE USING THE SPINCO WEBSITE OR SERVICES.

Last Updated:  August 24, 2017

These Terms and Conditions (“Terms and Conditions”), including the Rider Agreement attached as Schedule “A” to these Terms and Conditions (the “Agreement”) govern your relationship with SPINCO IP Holdings Inc. (“SPINCO”, “our”, “us”, “we”), including, but not limited to your use of the SPINCO website located at www.spinco.ca (the “Site”), your booking and purchase of SPINCO classes, your right to cancel any purchases of SPINCO classes, your purchase of merchandise, your communication with SPINCO, your use of and attendance at SPINCO studios (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”). 

If you choose to purchase SPINCO classes online, Schedule “A” to this Agreement sets out the rights you are entitled to under consumer protection laws to cancel that purchase.

By visiting and/or using the Site and/or utilizing any of our Services, you signify your agreement to be bound by the Terms and Conditions and you agree that we may collect, use and disclose your personal information as described in our Privacy Policy. If you do not agree to the Terms and Conditions or our Privacy Policy, please do not use the Site or our Services.  

When you visit or use our Site, or communicate with SPINCO via email, you are communicating electronically. You will receive communications from SPINCO electronically in accordance with the consent that you provide to us. SPINCO will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that SPINCO provides electronically, satisfy any legal requirement that such communications be in writing.

We may modify, revise or update the Terms and Conditions at any time by updating this posting. Each time you use the Site, the version of the Terms and Conditions then posted will apply to that use, so you should check this page each time you use the Site.

WEBSITE TERMS OF USE

Ownership

The contents of this Site are owned by SPINCO or are made available to you by SPINCO under license from a third party. While we are allowing you access to the Site, you acknowledge that your use of the Site is governed by applicable copyright, trademark or other intellectual property laws. You have the right to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of booking classes, making purchases, or other personal use.  Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of SPINCO, is strictly prohibited.

You agree that the contents of this Site may not be copied or scraped for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise.  Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose. 

Security Rules

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.

You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law. 

We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Non-Solicitation Policy

The sender of any communications to this Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.

In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”).  We shall be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services.

Any personal information included in electronic communications to this Site is governed by our Privacy Policy

Links to Other Websites

Our Site may provide links or references to websites operated by third parties. These third party websites are not governed by the Terms and Conditions but by other policies that may differ from the Terms and Conditions. In visiting any third party websites, whether linked to this Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third party website or any content in such website. We encourage you to review the terms of use of each website visited before using those websites.

No Warranties / Limitation of Liability

The Site is provided on an “as is” and “as available” basis and you are using it at your own risk. We  make no representations or warranties, express or implied, about the Site or its contents including, without limitation: any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.

In accessing this Site or any other you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access this Site in respect of any such potential risks.

In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of this Site, even if we have been advised by you of the possibility of such loss, damages or injury.

PURCHASING SPINNING CLASSES & GIFT CARDS ONLINE

In order to purchase spinning classes online, you must first review and agree to the Rider Agreement attached as Schedule A to these Terms and Conditions.

Registering a User Account

In order to purchase classes or gift cards online, you must create a user account (“Account”) by selecting a username and a password.  You agree and understand that you are responsible for maintaining the confidentiality of your username and password.  Your username and password, together with any other user information you provide, form your “Profile Information” and allow you to access your Account. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your Profile Information.

You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying SPINCO immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

Should you request to delete your Account, your Account will be fully deleted and will not be accessible for reactivation. 

Use of the Site by Minors

If you are under the age of majority in the province in which you are using the Site (a “Minor”), SPINCO does not accept the online registration by Minors; please do not attempt to register on the Site if you are a Minor. Registration of a Minor must be completed in person at one of our Studios with a parent or guardian. Minors who meet the minimum age requirement of twelve (12) years old, the minimum weight requirement of 110 pounds (50 kilograms), and whose parent or guardian has signed a waiver form in Studio (as described in the Agreement attached as Schedule “A”), may sign up for classes online. 

Purchasing Classes and Gift Cards

You can purchase a class or series of classes in person at one of our Studios or online on the Site. To purchase online, you will first need to create an Account on the Site (as described above).  If you are already registered, simply log in to your Account. You must also review and agree to the Rider Agreement attached as Schedule A to these Terms and Conditions.

In order to be eligible to book a class, you must first purchase an individual class or series of classes. Once you buy your class or series of classes, you can then book a class online. The classes and series of classes offered at our Studios, as well as the current prices for individual classes and series of classes are described on our Site.  Please note that classes and series of classes expire; the expiration dates are set out in the descriptions of each class or series which can be found in Appendix A of the Agreement or on our Site.

Prices for individual classes and series of classes are subject to change.  However, SPINCO will honour any classes or series of classes that you have purchased, regardless of whether there has been a price increase since your purchase.

In addition to classes and series of classes, you can also buy gift cards.  Gift cards do not expire.  Once a class or series of classes is purchased using a gift card, the class or series of class will expire, just like any other class or series of class you buy.

GENERAL TERMS AND CONDITIONS

Indemnity

To the full extent permitted by applicable law, you agree to defend, indemnify and hold harmless SPINCO, its affiliates and subsidiaries, and each of their employees, officers, directors, consultants, affiliates, subsidiaries, shareholders, related entities and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of the Terms and Conditions. We shall provide notice to you promptly of any such claim, suit, or proceeding and may choose in our sole discretion to assist you, at your expense, in defending any such claim, suit or proceeding.

Miscellaneous

This Site is controlled and operated by SPINCO from its offices in the Province of Ontario, Canada. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws.  Any action relating to the Terms and Conditions must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts. 

These Terms and Conditions constitute the sole and entire agreement between you and SPINCO with respect to the Site.  The Terms and Conditions supersede any other agreement, whether oral or in writing, and render any other agreement regarding the Terms and Conditions of the Site null and void. 

If any provision of the Terms and Conditions shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

You agree that this agreement is specifically enforceable by SPINCO by injunctive relief and other equitable remedies without proof of monetary damages.  You further agree that if SPINCO does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions (or which SPINCO has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to SPINCO.

 

 

 

 

SCHEDULE “A”

SPINCO RIDER AGREEMENT

THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SPINCO.  PLEASE READ IT CAREFULLY.

This rider agreement (“Agreement”) is a legally binding Agreement between SPINCO IP Holdings Inc. (“SPINCO”, “our”, “us”, “we”) and you (“you” or “your”) and applies to and governs your purchase of SPINCO spinning classes, your rights to cancel your purchase of those SPINCO classes, your booking of classes, your communication with SPINCO, your use of and attendance at the SPINCO studio(s) described in Appendix A (“Studio(s)”), and all services we provide in connection with the above (collectively, the “Services”).

When you visit our website located at www.spinco.ca (the “Site”), or communicate with SPINCO via email, you are communicating electronically. You will receive communications from SPINCO electronically in accordance with the consent that you provide to us. SPINCO will communicate with you by email or by posting notifications on our Site. You understand and agree that all agreements, notices, disclosures and other communications that SPINCO provides electronically, satisfy any legal requirement that such communications be in writing.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your province of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your province of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

If you are at least twelve (12) years old and under the age of majority in the province where you would like to attend a spinning class at one of our Studios, you must have your parent or legal guardian read this Agreement and agree to it on your behalf in person at the Studio.  We do not accept the online registration of individuals who are under the age of majority.  Minors who meet the minimum age requirement of twelve (12) years old, the minimum weight requirement of 110 pounds (50 kilograms), and whose parent or guardian has signed a waiver form in Studio (as described below), may sign up for classes online.

SPINCO Studios

Our Studios are located at the locations set out in Appendix A.  This Agreement entitles you to ride at the Studio that you initially sign up for (Toronto-based riders may use any of our Toronto studios).

Term of Agreement

Each time you purchase a class or series of classes, you enter into a new Agreement with SPINCO.  You are not required to pay any membership, initiation or other fee to enter into or continue this Agreement; however, you must enter into this Agreement before you can purchase any class or series of classes that costs more than $50. 

Your Cancellation Rights Under Consumer Protection Legislation

The following applies if you have purchased and paid for in advance a series of classes for over $50:

You may cancel this Agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the Agreement and the day all the Services are available.  You do not need to give SPINCO a reason for cancelling during this 10-day period.

In addition, there are grounds that allow you to cancel this Agreement.  You may also have other rights, duties and remedies at law.  For more information, in Ontario you may contact the Ministry of Consumer and Business Services.

To cancel this Agreement, you must give notice of cancellation to SPINCO, at the address as set out in the Agreement, by any means that allows you to prove the date on which you gave notice.  If no address is set out in the Agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this Agreement, SPINCO has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). 

Purchasing Classes

In order to be eligible to book or attend a spinning class, you must first purchase an individual class or series of classes. Once you buy your class or series of classes, you can then book a class. The classes and series of classes offered at our Studios, as well as the current prices for individual classes and series of classes and the expiration date of individual classes and series of classes are attached as Appendix 1 to this Agreement and are described on our website located at www.spinco.ca (the “Site”).

You can purchase a class or series of classes in person or online. To purchase online, you must create a user account on the Site as described in the Terms and Conditions, or if you are already registered, simply log in to your account.

Classes and series of classes expire. The expiration dates are set out in the descriptions of each class or series which are contained in Appendix A and can also be found on the Site.

In addition to classes and series of classes, you can also buy gift cards as described in the Terms and  Conditions. 

Prices for individual classes and series of classes are subject to change.  However, we will honour any classes or series of classes that you have purchased regardless of whether there has been a price increase since your purchase.

We currently accept payment by cash (applicable in person; only at certain studios), debit card, Visa, MasterCard and American Express.  You must first pay for a class or series of classes in order to book a class online.

Agreement of Release and Waiver of Liability & Acceptance of Risk

THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND SPINCO. PLEASE READ IT CAREFULLY.

In order to attend any fitness classes offered by SPINCO IP Holdings Inc. (“SPINCO”, “our”, “us”, “we”) at any one of our Studios, you (or your parent or guardian if you are under the age of majority) must first enter into a SPINCO Rider Agreement and must sign at our Studio(s) this Agreement of Release and Waiver of Liability & Acceptance of Risk (the “Agreement”) agreeing to the following.

As a participant in SPINCO fitness classes, I recognize and acknowledge that there are certain risks of physical injury including, but not limited to death which may arise from accidental contact, falling or other causes. I have no physical condition, which would present a risk of injury to me through my participation in SPINCO fitness classes. Notwithstanding any instruction or consultation by a representative of SPINCO, I agree to assume responsibility for any such injuries, damages or loss which I may sustain as a result of participating in any and all activities connected to or associated with SPINCO, except if caused by the sole negligence of SPINCO.

I hereby release, waive and discharge SPINCO, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives from any and all liability, claim, damages and losses arising out of any loss, damage or injury that may be sustained by me or to any property belonging to me while participating in any and all activities connected to or associated with SPINCO.

It is my express intent that this Agreement shall bind the members of my family, my heirs and assigns.  I further agree that participation in any SPINCO fitness classes will be at my own discretion and judgment. I further understand that should SPINCO discover that I have not satisfied any one of these requirements, it may, but is not required to, terminate my participation in a fitness class and/or Rider Agreement.  I recognize that there are no refunds and or exchanges from the purchase of any package or memberships, other than as prescribed by law.

Warranty Disclaimer and Limitation of Liability

To the maximum extent permissible by law, the SPINCO services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, SPINCO disclaims, and provides no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.

Under no circumstances will SPINCO, its affiliates, licensors and their respective directors, officers, employees, shareholders, agents and representatives be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the SPINCO services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will SPINCO’s cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the SPINCO services or otherwise under the Rider Agreement exceed one hundred Canadian dollars (CDN $100.00). Some provinces do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, certain of the above limitations in this section may not apply to you.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to rules relating to conflict of laws. Any action relating to this Agreement must be brought in Toronto, Ontario, Canada and you irrevocably consent to the jurisdiction of such courts.

This Agreement constitutes the sole and entire agreement between you and SPINCO with respect to the subject matter hereof. It supersedes any other agreement, whether oral or in writing, and renders any other agreement regarding the subject matter hereof null and void.

If any provision of this Agreement shall be declared unlawful, void or for any reason, unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

You agree that this Agreement is specifically enforceable by SPINCO by injunctive relief and other equitable remedies without proof of monetary damages. You further agree that if SPINCO does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SPINCO has the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to SPINCO.

Contact Information

If you have any questions about this Agreement, please contact us at the information below:

SPINCO Customer Service
2577 Yonge St, Toronto , ON, Canada , M4P 2J1
Phone:  647-554-7746
Email:  m.august@spinco.ca 

Appendix A

SPINCO STUDIOS  

Kelowna Studio

203-410 Bernard Ave, Kelowna , BC, Canada , V1Y 6N7

Phone:  250-862-8801

Email:  infokelowna@spinco.ca

KELOWNA CLASSES & SERIES OF CLASSES

Victoria Studio

524 Pandora Ave, Victoria , BC, Canada , V8W 1N6

Phone:  778-440-6888

Email:  infovictoria@spinco.ca

VICTORIA CLASSES & SERIES OF CLASSES

Toronto Studio

2577 Yonge St, Toronto , ON, Canada , M4P 2J1

Phone:  647-554-7746

Email:  infotoronto@spinco.ca

TORONTO CLASSES & SERIES OF CLASSES

Halifax Studio

5481 Clyde Street, Halifax , NS, Canada , B3J 0C4

Phone:  902-802-8880
Email:  infohalifax@spinco.ca

HALIFAX CLASSES & SERIES OF CLASSES

 

Select a Studio