Terms of use

Welcome to Hexfit!

You are about to sign a contract that commits you. We invite you to read these terms and conditions carefully before using the site and / or subscribing to the Hexfit service. The present "Terms and Conditions of Use by Users" (hereinafter: the "Terms" ) constitute an agreement applicable to the use of the site located at the URL address www.myhexfit.com or to any other address that may to be added or substituted (hereinafter: the "Site" ). More specifically, these Terms apply to the relationship between the owner and operator of the Site, Hexfit (hereinafter "Hexfit" or "we") and you, as a visitor or as a user duly registered on the Site, as the case may be (the "User (s)", the "Professional (s)" " Or" you " ), with respect to the use of the Site, including the various features and related services that are made available to you on the Site (hereinafter: the " Service ").). As soon as you use the Site, you agree to all the terms of use contained herein and in the Privacy Policy posted on the Site, and acknowledge having read and understood. It is important to know that Hexfit may change these Terms and Conditions as well as the policies or guidelines posted on this Site at any time, at its discretion. If you use this Site after posting a change, you consent to it. You are responsible for reviewing changes to the Terms, Policies or Guidelines regularly.


2. Creating a user account

2.1 Identity and non-identity information: To create your user account, you must provide the following identity information :

  • 2.1.1  Your email address;
  • 2.1.2  A confidential password of your choice;
  • 2.1.3  Your name (s) and first name (s);
  • 2.1.4  Your sex;

2.2 Additional information:  To carry out its mission, Hexfit can also save several additional identity and non-identity data registered in the software by the  Users . Here is a list of possible examples, it can not be taken for definitive information and should be used as an example only:

  • 2.2.1  All physical data, such as, but not limited to, weight, height, BMI;
  • 2.2.2  Your contact information , such as, but not limited to, postal address, telephone number  ;
  • 2.2.3  Certain medical data,  such as, but not limited to, diseases, medications, allergies, injuries, family history ;
  • 2.3.4  All the notes taken by the  Professional  as part of its management;

2.3 Confidentiality of the information: All the personal and / or identity information registered in your account user will be accessible only by yourself, by Hexfit as well as by the users who one the necessary permissions.


 

3. Deletion / Portability of your information

 

3.1  Deletion:  You may at any time request the complete deletion of your personal information. You agree, however, that traces  of your  data  may remain on secure backup servers or on the primary database in the event that the deletion of your data could affect  the use of the site for other users.

3.2 Portability:  Hexfit agrees to export partially or totally your data in the best possible way in an open and machine readable format. To assert your right, simply contact the Hexfit team by one of the means available to you.

 


4. Accuracy of information and information

4.1 Accuracy and veracity of information and information provided: All factual and other information related to your particular situation (hereinafter the "Information" ) that you provide as part of the registration process, as well as any information transmitted, displayed, published or disseminated on the Site or through the Site thereafter, must be accurate, as far as you know. Personal and / or identity information about you or your business (hereafter "Personal Information" ) provided during your registration and the creation of your user account must be accurate, valid, complete and up-to-date.

4.2 Further modification of the information in the user account: You have the possibility of modifying at any time your password, according to the procedure established for this purpose, as well as the information registered in your account user. You agree, in particular, to maintain your active email address for the duration of your use of the Site as a User. If you change your address, you must change your address in your user account as soon as possible.
4.3 Information or Irregular Information: If there were reasonable grounds to believe that you posted, posted or disseminated on the Site or via the Site Information that is inaccurate and / or that the Personal Information in your user account are not accurate, valid, complete or up to date, Hexfit may, at any time, prohibit you from accessing the Site or any of its features, suspend your right to use the Service or close your user account. However, Hexfit has no obligation to verify the accuracy, validity or usefulness of the Information and / or Personal Information you transmit.


5. Illegal, prohibited or prohibited acts

5.1 Illegal, prohibited or prohibited gestures: If you use this Site or the Service offered on the Site, you agree not to perform or to authorize the following actions:

  • 5.1.1 Post, link or otherwise disseminate or transmit any false or misleading, illegal, threatening, abusive, harmful, defamatory, pornographic or indecent information that violates the rights of third parties or that conveys any other form of illegal content;
  • 5.1.2 Do anything futile, vexatious, or for the sole purpose of causing loss of time or harm;
  • 5.1.3 Display, link or otherwise disseminate or transmit any information or claim in respect of drugs, medications, surgeries or treatments for recreational sexual or non-therapeutic purposes;
  • 5.1.4 Disguise the origin of any information transmitted;
  • 5.1.5 impersonate any other individual or entity or misrepresent any affiliation with any individual or entity;
  • 5.1.6 Post or transmit any information that contains computer viruses, files or codes intended to interrupt, destroy, corrupt or reduce the functionality of this Site or any site, computer or computer equipment directly or indirectly related thereto;

6. Intellectual property

6.1 Intellectual Property of Hexfit: The content of the Site and the Service offered on the Site, the design of the Site, its layout and the trademarks displayed on the Site are the property of Hexfit and / or its partners and are protected by copyright laws, trademarks, unfair competition and any other applicable law, as the case may be, and may not be copied or retransmitted, in whole or in part, without the express permission of Hexfit.

6.2 Limited Use License of the Site: You are authorized to use this Site within the limits expressly provided for in these Terms. You may not use this Site for any other purpose without the express written consent of Hexfit. Without limitation, without this written consent, you may not modify, reproduce, distribute, retransmit, display, publish, license, assign or sell the content, information, software, products or services obtained on this Site, or create works derived from them.
6.3 Content Transmission: When you transmit content for the use of the Service, whether text, photographs, audio or video files or other forms of content (hereinafter referred to as "Content"), you are fully responsible for this Content. You represent that you are the author of this Content and the rightful owner of all rights in the Content, or you represent that you have obtained all the required authorizations in proper form allowing you to use this Content in accordance with these terms. Please note that sometimes more than one authorization may be required. If it is a photograph, for example, you must obtain permission from the person who owns the rights to the photograph as well as from the person appearing on the photograph. If you are unfamiliar with the rules applicable to the protection of content, we advise you to contact a (Professional) expert in these matters.
6.4 License to Use Your Content: You grant to Hexfit a non-exclusive license to use, as part of the Service, any Content downloaded, posted or transmitted by you on the Site or through the Site, in compliance with the terms and conditions provided herein, without territorial restrictions, and for the duration of maintaining your user account on the Site.


7. Hexfit's Commitments and Warranty Limitations

7.1 Hexfit's commitment to the Site and the quality of the Service: Hexfit undertakes to act to the best of its abilities in order to ensure the proper functioning of the Site and the continuous accessibility to its Service. Hexfit is committed to acting to the best of its abilities and deploying its best efforts to offer its customers a high-end service that meets its needs.

7.2 Warranty Limitations Regarding Service Performance: Under no circumstances does Hexfit warrant that the Site and / or the Service will fully meet the expectations of Service users. In no event shall Hexfit be held liable for the business results obtained by the Professionals or the Users as a result of the use of the Service.
7.3 Limitation of Warranties with respect to the Site: In view of the potential for instability of the Internet and to the extent permitted by law and any applicable law, Hexfit makes no warranties of any kind with respect to the performance of the Site on a technical and / or commercial level. Hexfit makes no warranty that the services offered on the Site will be uninterrupted, secure or error-free and that any defects identified in the features offered or in the software used, if any, may be corrected. You will be solely responsible for any damage to your computer or any loss of data as a result of downloading any material through the Site.
7.4 Limitation of Liability for Damage: To the extent permitted by law and any applicable law, Hexfit shall in no event be liable for any damages, whether direct or indirect, that may result from the use or the inability to use the Site and / or the Service, including any loss of profit, loss of opportunity, service interruption or loss of data, regardless of whether Hexfit has been advised of the likelihood of such damage.
7.5 Limitation of Warranty with respect to the Content of Others: In no event shall Hexfit be liable in any manner whatsoever for any Content posted, transmitted or otherwise communicated on the Site or by the Website. intermediary of the Site, by Professionals, Users, collaborators or third parties.
7.6 Hexfit's commitments concerning registered Professionals: Before accepting the registration of any professional on the Site, Hexfit carries out an identity verification, to confirm that the information of the professional is truthful and that he has the right to practice his profession. The client account of any Professional written off or suspended from its order, federation and / or association may be closed. Hexfit can not be held responsible for maintaining the registration of a Professional based on any incorrect information obtained in good faith in this regard.
7.7 Limitation of Warranties for Mandates, Services and Legal Opinions Provided:Hexfit does not participate in any way in the choice of a Professional by a User, in the decision of a User to entrust or not a mandate to a Professional nor in the decision of a Professional to accept or not a mandate of a User. In no event shall Hexfit be liable in any way for such choices and decisions or the consequences of such choices and decisions by Users and Professionals. Similarly, Hexfit can not be held responsible for the quality of the Offers of Professionals rendered by any Professional to a User as a result of the use of the Service, these being the sole responsibility of the Professional. Any opinion that is published on the Site or through the Site, if any, is the sole and entire responsibility of its author, and in no way binds Hexfit's liability. If, however, Hexfit were advised or had reasonable grounds to believe that an opinion or other legal document that was incorrect, harmful, illegal or contrary to the rights of third parties, was posted on its Site or had been transmitted through its Site, it reserves the right to withdraw it, with or without prior notice, and / or close the account of the responsible Professional, in its sole discretion.
7.8 Role of Hexfit:  You acknowledge in all cases that Hexfit acts as the person in charge of the treatment of the Informations of the Customers and the Professionals,but that the Professional controls the customer data in accordance with the regulations applicable in your case in terms of data protection. The Professional will obtain and retain all necessary consents for the processing of Customer Information under this Agreement. You understand that if you allow an integration provider to access your Hexfit account, you act as the data controller and the integration provider serves as the data controller for you. In no case these integration providers are our subcontractors.

8. Penalties and compensation for contraventions

8.1 Sanctions in Case of Default: Hexfit reserves the right, in its sole discretion, to temporarily or permanently suspend your access to the Site and / or the Service or any of its features, and to take any other action deemed appropriate, in accordance with the in the event that Hexfit has reasonable grounds to believe that you have failed in any of your obligations as provided herein. These measures may include, but are not limited to, the cancellation of your registration and user account and the transmission of any illegal content to the appropriate authorities. Hexfit, without obligation, reserves the right to notify you, by email or otherwise, of your breach, and to provide you with the opportunity to remedy the breach.

8.2 Deleting Information: Hexfit performs regular backups of its systems and the files contained therein. You agree that Hexfit may delete the information or files stored on the servers in connection with your user account as a result of your breach of these Terms.
8.3 Indemnity: You agree to hold Hexfit harmless and to take up the cause of it and, as the case may be, its employees, agents, assigns, representatives and / or business partners, for any damages, losses or expenses of any kind (including the reasonable fees of their Professionals) that may be incurred by them as a result of your failure to perform your obligations hereunder, in connection with any claim, legal proceedings or any claim based on copyright infringement, the enforcement of any relevant law or agreement or any infringement of the rights of third parties, including any pecuniary or other damage resulting from the performance of an act that is unlawful, prohibited or prohibited under these Terms.
8.4 Third Party Default Notice: In addition, you agree to notify Hexfit and to cooperate with Hexfit should you become aware of any unlawful or prohibited activity described herein.


9. Responsibility of Hexfit vis-à-vis external sites

9.1 Hyperlinks to External Sites: Hexfit is not responsible for the content of any other web site accessible as a hyperlink from this Site, including the sites of the Professionals (hereinafter the "Linked Sites"), such sites having not been created by Hexfit and not under his control. Unless expressly stated otherwise, Hexfit is not affiliated with and does not endorse the Linked Sites, their owners and managers or the products and / or services available on these sites. This Site is not sponsored by the Linked Sites or their owners or managers with the exception of the Hexfit Partner. Your browsing of these Linked Sites and their inclusion in your favorites are your own responsibility.

9.2 Hyperlinks to the Site: You may not create a hyperlink to this Site or use this Site in association with any third party trademark so as to suggest an endorsement or association with this Site or with Hexfit without the express written permission of Hexfit. Hexfit reserves the right to prohibit the use of a hyperlink to this Site if the context in which such hyperlink is used is detrimental to the honor, reputation or business interests of Hexfit.


10. Applicable laws and jurisdictions

These Terms and Conditions are governed by the laws of the Province of Quebec which determine their execution and interpretation. The parties agree that the courts of Quebec, Canada, District of Quebec, shall have jurisdiction for the hearing of any dispute, claim or lawsuit relating to the present. You hereby agree that Hexfit may not be fully in compliance with the regulations in force at the place where you use our Site . Although we are actively working to comply with as much legislation as possible, you accept responsibility for verifying the legality of the use of our Site in your jurisdiction.


11. Information on complaints or abuses

Any complaints or abuses noticed on Hexfit's Site or servers must be sent by e-mail or to the following address:

 

Hexfit Solutions Inc.
140-455 du Marais
Québec, Quebec, CA
G1M 3A2