Terms and Conditions

www,papayafitness.com Terms and Conditions

Effective Date: May 21, 2025

Welcome to PAPAYA FITNESS (www.papayafitness.com)! These Terms and Conditions ("Terms") govern your access to and use of the PAPAYA FITNESS website and all related services, including but not limited to online fitness classes, live streams, recorded sessions, digital content, and any associated materials (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all these Terms, you may not access or use the Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and PAPAYA FITNESS ("we," "us," or "our"). You affirm that you are of legal age to form a binding contract in your jurisdiction (typically 18 years or older) or have obtained parental or guardian consent if you are a minor who is permitted to use the Services.

2. Services Description

www.papayafitness.com provides online fitness classes and related content accessible via our website. Our Services may include:

  • Live-streamed fitness classes.

  • Pre-recorded fitness classes and workout videos.

  • Access to fitness programs and challenges.

  • Instructional content and articles.

  • One-on-one coaching sessions.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.

3. User Accounts

  • Account Creation: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

  • Account Security: You are responsible for maintaining the confidentiality of your account login information (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

  • One Account Per User: You are permitted to create only one user account unless otherwise expressly permitted by us.

  • Account Termination: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services if you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or for any other reason in our sole discretion.

4. Payments, Subscriptions, and Cancellations

  • Pricing: All prices for Services are listed in Canadian Dollars (CAD) and Euro (EUR)] unless otherwise specified. Prices are subject to change without prior notice, but changes will not affect purchases already made.

  • Payment: Payments are processed through secure third-party payment processors (e.g., Stripe, PayPal), e-transfers and bank transfers. By purchasing any Services, you agree to comply with the terms and conditions of these payment processors. We do not store your full payment card details.

  • Subscriptions: If you purchase a subscription-based Service:

    • Billing Cycle: Subscriptions are billed in advance on a recurring [e.g., monthly, annually] basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it.

    • Cancellation: You can cancel your subscription at any time through your account settings or by contacting our customer support. Cancellations will take effect at the end of your current billing cycle. You will not receive a refund for any unused portion of the current billing period.

    • Price Changes: We reserve the right to change the subscription fees at any time, effective upon notice to you. Any price changes will apply to new subscriptions or renewals after the date of the price change.

  • Refunds:

    • No Refunds: All sales are final. We do not offer refunds for any purchases, including subscriptions or single class passes, unless explicitly stated otherwise or required by law.

    • Technical Issues: If a class is cancelled by us or becomes unavailable due to our technical issues, we will offer a credit or refund for that specific class.

  • Taxes: You are responsible for any applicable sales, use, value-added, or other taxes imposed by any government entity on the Services you purchase.

5. Health and Safety Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT HEALTH AND SAFETY INFORMATION.

  • Consult Your Doctor: Our online fitness classes are for general informational and entertainment purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult with your physician or other qualified healthcare provider before beginning any new exercise program, especially if you have any pre-existing medical conditions, injuries, or concerns.

  • Listen to Your Body: You understand that physical exercise involves inherent risks, including but not limited to muscle strains, sprains, fractures, and cardiovascular events. You agree to exercise at your own pace and within your physical limits. Stop exercising immediately if you experience pain, dizziness, shortness of breath, or any other discomfort.

  • Assumed Risk: By participating in our online fitness classes, you acknowledge and voluntarily assume all risks associated with your participation. You are solely responsible for ensuring that your exercise environment is safe and free from hazards (e.g., adequate space, proper flooring, no tripping hazards).

  • No Medical Advice: www.papayafitness.com instructors are not medical professionals. Any advice or guidance provided during classes is for general fitness purposes only and should not be considered medical advice.

  • Minors: If you are a minor participating in our classes, you do so under the direct supervision and responsibility of a parent or legal guardian, who also acknowledges and agrees to these Terms and the health and safety disclaimers herein.

6. User Conduct and Restrictions

You agree not to use the Services for any purpose that is unlawful or prohibited by these Terms. You agree not to:

  • Harass, abuse, or harm another person.

  • Impersonate any person or entity.

  • Upload, post, email, or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, or otherwise offensive.

  • Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.

  • Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services for any commercial purpose without our express written permission.

  • Use any robot, spider, or other automated device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

  • Transmit any worms or viruses or any code of a destructive nature.

  • Share your account login details with any other person.

  • Record, reproduce, redistribute, or publicly display any of our live or pre-recorded classes or content without our explicit written consent.

7. Intellectual Property Rights

  • Our Content: All content on the Site and within the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and the compilation thereof, and the software used to provide the Services, is the property of PAPAYA FITNESS or its content suppliers and protected by international copyright laws and other intellectual property laws.

  • Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only, strictly in accordance with these Terms. This license does not include any right to: (a) modify or download any content (other than caching); (b) make any derivative uses of the Services or their contents; or (c) use any data mining, robots, or similar data gathering and extraction methods.

  • User-Generated Content: If the Services allow you to post or upload content (e.g., comments, forum posts):

    • You retain all rights to any content you submit, post, or display on or through the Services.

    • By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such content in connection with the Services and our business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

    • You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license to us.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAPAYA FITNESS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

10. Indemnification

You agree to defend, indemnify, and hold harmless [Your Company Name] and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use of and access to the Services, including any data or content transmitted or received by you.

  • Your violation of any term of these Terms.

  • Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.

  • Your violation of any applicable law, rule, or regulation.

  • Any claim or damages that arise as a result of any of your User Generated Content.

  • Any other party's access and use of the Services with your unique username, password, or other appropriate security code.

11. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in [Richmond Hill, Ontario] in accordance with the [e.g., Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and PAPAYA FITNESS concerning the Services.

15. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

16. Contact Us

If you have any questions about these Terms, please contact us at:

  • By email: papayafitness@yahoo.com

    Last updated: May 21, 2025