Platform - Terms of Use

LAST UPDATED: APRIL 12, 2024

Table of Contents

Acceptance of the Platform Terms of Use

1000526664 Ontario Inc. dba Active Remedy Club (“Active Remedy Club”, “we”, “us”, “our”) welcomes you to its website located at www.activeremedyclub.com (the “Website”) and booking application(s) (“Application(s)” and together with the Website, the “Platform”). Please read the following terms of use (“Terms of Use” or “Terms”) before using the Platform and/or any additional services made available through the Platform (collectively, the “Services”). The Website is a copyrighted work belonging to Active Remedy Club. Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

By accessing and using the Platform and Services you agree to be bound by these Terms of Use, whether or not you have read them. If you do not agree with these Terms of Use, your sole recourse is to immediately cease visiting the Platform or additional Services. 

These Terms of Use describe the legally binding terms and conditions between you and Active Remedy Club that govern your use of the Platform and Services. By visiting the Platform, you consent to comply with these Terms, and you represent that you have the authority and capacity to enter into these Terms. If you disagree with any of the provisions of these Terms, you must not access or use the Platform.

A copy of these Terms of Use may be downloaded, saved, and printed for your reference.

Eligibility 

You represent and warrant that you are over the age of 18. We do not allow individuals under the age of 18 to use our Services. If you are a minor, please refrain from using our Services.

Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and comply with them. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. 

Your provision of registration information and any submissions you make to the Platform through any functionality (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at www.activeremedyclub.com/privacy-policy

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you register for an account; your account is personal to you, and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access. 

Intellectual Property Rights and Ownership

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, Platform layout, selection, and arrangement, are owned by Active Remedy Club, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

The Active Remedy Club name, Active Remedy Club logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Active Remedy Club or its affiliates or licensors. You must not use such marks without the prior written permission of Active Remedy Club. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Platform are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use. Except as otherwise set out herein, you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever.

If you print off, copy, or download any part of our Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Active Remedy Club. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use

As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms of Use. 

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Platform, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. 

Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

  1. (i) dilute or depreciate the name and reputation of Active Remedy Club, any trademarks or tradenames, partners, licensors, content providers, service providers or contractors thereof, as applicable; (ii) interfere with any other persons’ use and enjoyment of the Platform or of the Internet generally; (iii) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Platform or any other internet resource or computer system; or (iv) disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or other security number) without that person’s permission;

  2. in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy found at www.activeremedyclub.com/privacy-policy;

  3. in any manner violate the terms of use of any third-party website or application that is linked to the Platform, including but not limited to, any third-party social media website or booking service;

  4. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Active Remedy Club’s sole discretion;

  5. involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;

  6. involve, provide, or contribute any false, inaccurate, or misleading information;

  7. impersonate or attempt to impersonate Active Remedy Club, an Active Remedy Club employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);

  8. transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;

  9. encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Active Remedy Club or users of the Platform or expose them to liability;

  10. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;

  11. promote any illegal activity, or advocate, promote, or assist any unlawful act; or

  12. give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation: 

  1. accessing content and data that is not intended for you;

  2. attempting to breach or breaching the security and/or authentication measures which are not authorized;

  3. restricting, disrupting or disabling service to users, hosts, servers, or networks;

  4. disrupting network services and otherwise disrupting the Platform owner’s ability to monitor the Platform;

  5. using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;

  6. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  7. attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or

  8. otherwise attempting to interfere with the proper working of the Platform.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

User Submissions: Grant of Licence

The Platform may contain Interactive Functions allowing User Submissions on or through the Platform.

By providing any User Submission to the Platform, you grant us and our licensees, successors, and assigns the right to a world-wide, royalty free, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material and/or incorporate such material into any form, medium or technology throughout the world to the extent reasonably required by us to provide the Platform to our customers, to ensure adherence to or enforce the terms of these Terms of Use, or as otherwise permitted by these Terms and our Privacy Policy found at www.activeremedyclub.com/privacy-policy.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms of Use. You represent and warrant that all User Submissions comply with applicable laws and regulations.

You understand and agree that you, not Active Remedy Club, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Platform. 

Platform Monitoring and Enforcement, Suspension, and Termination

Active Remedy Club has the right, without provision of notice to:

  • remove or refuse to post on the Platform any User Submissions for any or no reason in our sole discretion;

  • at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Terms of Use;

  • take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform; or

  • terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS ACTIVE REMEDY CLUB AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ACTIVE REMEDY CLUB AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER ACTIVE REMEDY CLUB OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review material that you or other users submit to the Platform. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws. 

No Reliance 

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. 

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Active Remedy Club nor its subsidiaries and affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Platform.

The Platform may include content provided by third parties, including our practitioner services partners and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Active Remedy Club, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Active Remedy Club. Neither Active Remedy Club nor its subsidiaries and affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at www.activeremedyclub.com/privacy-policy, as we deem necessary for use of the Platform and provision of the Services. 

By using this Platform, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze Platform use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on this automated information gathering practices, see our Privacy Policy.

Third-Party Websites and Applications; Other Users 

For your convenience, the Platform may provide links or pointers to third-party sites and applications, including the Jane booking application provided by our practitioner services partner. We make no representations about any other websites or applications that may be accessed from the Platform. If you choose to access any such sites or applications, you do so at your own risk. We have no control over the contents of any such third-party sites and applications and accept no responsibility for such sites or applications or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites and applications. 

Each Platform user is solely responsible for their User Submissions. Because we do not control User Submissions, you acknowledge and agree that we are not responsible for any User Submission, whether provided by you or by other users of the Platform. You agree that Active Remedy Club will not be responsible for any loss or damage incurred as the result of any interaction you may have with other users and/or such users’ User Submissions. If there is a dispute between you and any Platform user, we are under no obligation to become involved.

Geographic Restrictions

The owner of the Platform is based in Ontario, Canada. We provide this Platform for use only by persons located in Canada. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

The laws of certain jurisdictions do not allow statutory warranties, liability or exclusion or limitation of certain damages, or restrictions of expression regarding goods or services. If these laws apply to you, some or all of the exclusions or restrictions set out herein may not apply to you. In such cases, exclusions/restrictions shall instead be applied to the maximum extent permitted by applicable law. 

Disclaimer of Warranties

Active Remedy Club aims to keep the content contained within our services as up-to-date and accurate as possible, however, we cannot guarantee that it will always be accurate and complete due to the possibility of errors, omissions, changes within legislations, laws, policies and so forth. 

You acknowledge and understand that we do not reserve any implied warranties or conditions of any kind. Active Remedy Club is not responsible for any third-party warranties. Active Remedy Club does not warrant that the functionality of our Platform or Services, including third-party services, to function uninterrupted, error-free, or free of viruses and other harmful components.

WITH THAT IN MIND, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER ACTIVE REMEDY CLUB NOR ITS SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER ACTIVE REMEDY CLUB NOR ITS SUBSIDIARIES AND AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.

Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will Active Remedy Club nor its subsidiaries and affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Platform, any linked websites or applications or such other third-party websites or applications, nor any Platform content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Active Remedy Club, its subsidiaries and affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Use or your use of the Platform, including, but not limited to, your User Submissions, third-party sites and applications, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use.

Governing Law and Choice of Forum

The Platform and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

We try and provide users with a good experience; however, we understand there may be issues. You agree to first try and resolve any dispute about anything related to Active Remedy Club informally by contacting Active Remedy Club in writing at the contact information below. If that doesn’t work, then after a period of sixty (60) days from the date you notify Active Remedy Club in writing about your concerns, any action or proceeding arising out of or relating to this Platform and under these Terms of Use will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Modifications to the Terms of Use and to the Platform 

We reserve the right in our sole discretion to revise and update these Terms from time to time, in which case we will revise the “Last Updated” date below. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these. 

The information and material on the Platform and the Platform itself may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.

Entire Agreement

These Terms of Use, our Privacy Policy and our Club Guidelines and Policies, as well as the Terms of Service to the extent you are purchasing services on the Platform, constitute the sole and entire agreement between you and Active Remedy Club regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This Platform is operated by 1000526664 Ontario Inc. dba Active Remedy Club at www.activeremedyclub.com.

Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to Active Remedy Club at info@activeremedyclub.com.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to info@activeremedyclub.com.