Terms of service
Overview
Welcome to The FitNest Inc.! The terms “we”, “us” and “our” refer to The FitNest Inc. The FitNest Inc. operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
The FitNest Inc. is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 – Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, you may be asked to provide certain information (e.g. email, billing, payment, and shipping details). You represent that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to another person.
Section 2 – Our Products
We have made every effort to display accurate representations of our products. However, actual colors or appearances may differ depending on your device and settings.
We do not warrant that products will meet your expectations or match depictions exactly. Descriptions may change at any time without notice. We may discontinue products, limit quantities, or restrict sales by region at our sole discretion.
Section 3 – Orders
Placing an order constitutes an offer to purchase. Orders are accepted at our discretion and only upon confirmation from The FitNest Inc. Payment must be processed before acceptance.
Please review orders carefully before submitting. We may be unable to accommodate cancellation requests after acceptance. If we decline or modify an order, we will attempt to notify you using the email, billing address, or phone number provided.
Your purchases are subject to our Refund Policy. Products are intended for personal or household use only and not for commercial resale or export.
Section 4 – Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged will be the one in effect when the order is placed and confirmed via email.
Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges. We may run promotions governed by separate terms; in case of conflict, promotion terms control.
You agree to provide accurate, current purchase and payment details and update them promptly. By submitting payment, you represent that:
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Payment information is true, correct, and complete;
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You are authorized to use the chosen payment method;
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Charges will be honored by your payment provider;
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You will pay all posted prices, including applicable taxes and shipping.
Section 5 – Shipping and Delivery
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events beyond our control. Title and risk of loss transfer once the order is handed to the carrier.
Section 6 – Intellectual Property
All content on the Services (e.g. text, images, graphics, video, audio, trademarks, and design) is owned by The FitNest Inc., its affiliates, or licensors, and is protected by intellectual property laws.
You may use the Services only for personal, non-commercial purposes. No material may be reproduced, distributed, modified, or used without our prior written consent. Unauthorized use may violate intellectual property laws.
The FitNest Inc. names, logos, product/service names, and slogans are trademarks of The FitNest Inc. or its affiliates. Shopify’s marks are trademarks of Shopify. Other names belong to their respective owners.
Section 7 – Optional Tools
We may provide access to third-party tools “as is” and without warranties. Use of such tools is at your own risk and subject to the provider’s terms.
Section 8 – Third-Party Links
The Services may link to third-party websites. We do not control or endorse these sites and are not responsible for their content, products, or services. Please review third-party terms before engaging with them.
Section 9 – Relationship with Shopify
The FitNest Inc. is powered by Shopify, but all sales are made directly with The FitNest Inc. Shopify is not responsible for transactions between you and The FitNest Inc. You release Shopify from all claims arising from your purchases.
Section 10 – Privacy Policy
Your use of the Services is subject to our Privacy Policy. Because our Services are hosted by Shopify, Shopify also collects and processes personal data. Please review both policies for details.
Section 11 – Feedback
If you submit feedback, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, royalty-free license to use and display such content. You represent you own the rights to your Feedback and that it complies with these Terms.
We may monitor, edit, or remove unlawful or inappropriate Feedback but are not obligated to do so.
Section 12 – Errors and Omissions
We may correct errors, inaccuracies, or omissions in product descriptions, pricing, promotions, or availability at any time without notice, including after you’ve placed an order.
Section 13 – Prohibited Uses
You may not use the Services for unlawful or malicious purposes, including (but not limited to):
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Violating laws or intellectual property rights,
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Harassing or defaming others,
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Uploading malware, spam, or harmful content,
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Collecting or tracking personal data,
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Circumventing security measures.
We may suspend or terminate your account without notice for violations.
Section 14 – Termination
We may terminate your access at any time without notice. You remain liable for amounts due before termination. Sections that should survive termination (e.g. Intellectual Property, Feedback, Indemnification) will continue to apply.
Section 15 – Disclaimer of Warranties
The Services and products are provided “as is” and “as available.” We make no warranties, express or implied, regarding quality, merchantability, or fitness for purpose. Use is at your own risk.
Section 16 – Limitation of Liability
To the fullest extent allowed by law, The FitNest Inc., Shopify, and related affiliates shall not be liable for indirect, incidental, or consequential damages, including loss of profits, revenue, data, or use.
Section 17 – Indemnification
You agree to indemnify and hold harmless The FitNest Inc., Shopify, and affiliates from claims, damages, and expenses arising from your use of the Services or violation of these Terms.
Section 18 – Severability
If any provision is deemed unlawful or unenforceable, the remainder of the Terms will still apply.
Section 19 – Waiver; Entire Agreement
Failure to enforce any right does not waive it. These Terms and our posted policies constitute the entire agreement between you and The FitNest Inc.
Section 20 – Assignment
You may not assign your rights without our consent. We may assign our rights or obligations without notice.
Section 21 – Governing Law
These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. You consent to jurisdiction in courts located where The FitNest Inc. is headquartered.
Section 22 – Headings
Headings are for convenience only and do not affect interpretation.
Section 23 – Changes to Terms
We may update these Terms at any time by posting changes on this page. Your continued use of the Services constitutes acceptance.
Section 24 – Contact Information
Questions about the Terms of Service should be sent to:
The FitNest Inc.
📧 info@thefitnest.ca