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terms & Conditions

These terms and conditions apply to all purchases, personal training, group training, free trials, classes in -person or online, and any other training or consultation offered by Hook & Cross Fitness Kickboxing Inc.

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  • These terms and conditions form part of your agreement with Hook & Cross Fitness Kickboxing Inc.

  • Your agreement with us is made up of your completed subscription or payment agreement and these terms & conditions. These documents together form a legal agreement between us, so please make sure that you read them carefully and understand them.

 

Purchasing sessions and bookings

  • Session purchases can be made on-line on our website, in our member portal, or in our member portal app for iOS or Android

  • Session bookings must be made with the Trainer who will contact you, except for scheduled classes for which bookings must be made in our member portal or app.

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Payments

  • All payments must be made in full, either in person or on-line/ in the app before any sessions are undertaken. Cash payments must be made either at or before the session and the trainer reserves the right to cancel a session with no notice or penalty to Hook & Cross Fitness Kickboxing Inc. if the session has not been paid prior to the session starting, however you will still be charged for the session as a 'late cancel'.

  • If you purchase sessions in person, you will receive a receipt from our online systems. If you purchase online, you should retain a copy of this agreement, the terms and conditions and receipt for any payment of session purchases you make.

 

Subscriptions payments for training and/or consultations

  • Subscriptions are available for Personal Training & Nutrition consultation packages purchase options only. Large group or corporate payments will be made by previously agreed methods either by credit card subscription, cash payments, or payment of invoice.

  • All subscription Personal Training sessions must be used within the session period to which they relate. Any such sessions not used within the calendar month will be lost without any refund and may not be carried over into the following months. Session fees are offered at a calculated rate based on full attendance and training frequency. If you miss sessions then effectively the value of the missed session is divided across all the other sessions, increasing your per session fee. This is done to encourage you to commit to a training schedule and to protect your trainer from having to fill your time slot with another client at short notice.

  • One-time top-up sessions for subscription Personal Training packages are available at any time, and can only be purchased by those who have selected the subscription Personal Training option. Payments can be made in the above listed ways as usual at a pro rated fee. If you wish to regularly increase your training frequency your trainer will advise you on which package to change your subscription to.

  • Booked sessions will appear in your calendar. If you need to make an adjustment, just click the cancel session for that appointment and request a change or contact your trainer

  • Hook & Cross Fitness Kickboxing Inc. reserves the right to increase or decrease prices with 28 days written e-mail notice to the client. After a price increase has been implemented, the client retains the right to refuse to renew by notice of e-mail which must be received by Hook & Cross Fitness Kickboxing Inc. within 28 days written notice period. Clients receiving a price increase will retain their sessions of the currently paid subscription for the 4 weeks during which notice of a price increase was given. If no notice of cancellation due to price increase is received by Hook & Cross from the client, the subscription will renew at the new higher price at the client's regular scheduled renewal date, after which normal cancellation policies will apply., including, but not limited to, those listed above.

 

Session cancellations

  • If your Personal Trainer fails to give you 24 hours’ prior notice of any cancellation, you will be entitled to 1 extra hour of Personal Training, in addition to the session you missed.

  • Session cancellations for non subscription sessions or consultations with less than 24hours notice will be charged at the full rate. Up to 3 sessions per 4 week period can be rescheduled. This can be made directly with your assigned trainer or the 'Contact us' function on our website. If you do not provide a minimum of 24 hours’ prior notice, you may lose that session and no refund will be made to you.

  • Any rearranged cancelled sessions will be at a time mutually agreed between you and the Trainer.

 

Cancellation of ongoing training​​

  • Cancellations of the subscription require 1 week notice and any remaining session value will be refunded from the end of the notice period to the end of the payment period. e.g. if notice is given at the end of the 1st week, it is in effect by the end of the 2nd week and weeks 3 and 4 will be fully refunded. Refunds will be made with in 60 days of receipt of cancellation.         

  • If more than 3 sessions in a 4 week period are rescheduled your trainer will discuss a schedule and package that fits your needs better

 

Lateness and attire

  • If your Personal Trainer is more than 10 minutes late for your session you will be entitled to a complimentary session, along with any remaining time you still have for that session.

  • If you are late for your session, your session will be reduced in accordance with that time. If you are more than 25 minutes late, your Personal Trainer may choose to cancel the session and you may lose that session, in which case no refund will be made.

  • Please arrive at your sessions with clothing and shoes appropriate for the training. If you are unsure what might be required please contact your trainer prior to the session. If your attire is unsuitable for training your trainer reserves the right to cancel the session, you will lose that session, in which case no refund will be made.

  • Hook & Cross Fitness Kickboxing Inc. makes no judgement on the appropriateness of clothing other than its suitability and safety in which to train. Religious clothing is excluded from the terms and all accommodations will be made to work training sessions around religious garments, regalia, or requirements. 

  • When training on location at a partner gym or municipal facility some attire regulations may be in place and is out of our control. If a facility deems your attire to be inappropriate according to their policy and the session is forced to end, but you have confirmed your attire with your trainer prior to the session, you will be entitled to a complimentary session 

 

Expiry and extensions

  • All package purchase options have a specific expiry period, after which time any unused sessions will be lost and no refund will be made. This is to ensure we deliver all your required sessions to enable you to achieve your goals.

  • You may extend Personal Training packs for between one month and 12 full calendar months for the following reasons only:
    - Pregnancy
    - Serious illness
    - Serious injury
    - Redundancy

  • Any other extensions are entirely at the discretion of Hook & Cross Fitness Kickboxing Inc.

  • To extend your Personal Training packs you must contact your trainer or Hook & Cross Fitness Kickboxing using the Contact Us form on our website; we may ask you to provide proof of pregnancy, serious illness, serious injury or redundancy.

 

Personal trainer

  • If for any reason you are unhappy with your Personal Trainer, you may transfer to another personal trainer at any given time.

  • In all circumstances, any sessions used with the previous Personal Trainer remain used.

  • Your Personal Trainer cannot prescribe treatment or diagnose medical conditions. They may at any time ask to consult with your GP or other paramedical service  should any medical condition arise or be suspected.

  • Your trainer reserves the right to cancel a session with no notice if after they have advised that you seek medical or paramedical consultation AND you have not done so AND the trainer then deems training to be unsafe, in which case no refund will be made.

 

Refunds

  • If for any medical reason you are no longer able to complete any Personal Training or nutrition consultation sessions, you will be given a refund on any outstanding sessions. We may ask for you to provide proof from your GP.

  • If your Personal Trainer resigns or is dismissed from Hook & Cross Fitness Kickboxing Inc. you will be assigned another personal trainer by us but no refund will be given for sessions used unless in the case of trainer dismissal with less than 24 hours notice of your next scheduled session and when no alternative trainer can be allocated in which case you will be entitled to a complimentary session as well as your scheduled session will be rolled over to the next agreeable time slot

  • Any other refunds are at the discretion of Hook & Cross Fitness Kickboxing Inc.

 

 

Privacy Policy

  • This Privacy Policy describes how hookandcross.com (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

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Collecting Personal Information

  • When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

  • Device information

    • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.

    • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.

    • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels and or other technologies not here listed that may be added by 3rd party partners at Hook & Cross' discretion 

    • Disclosure for a business purpose: Hook & Cross Fitness Kickboxing Inc. (Hook & Cross/ hookandcross.com) use Printful.com and Shopify.com for 3rd party product production & fulfillment and providing web store, payment methods, marketing materials, and other services. As such you agree to allow these 3rd parties and other 3rd parties not here named access to the above listed personal information at Hook & Cross' discretion only in the execution of your online shopping experience, order fulfillment including payment, shipment tracking, and any subsequent required actions such as, but not limited to, returns and exchanges. 

Order information

  • Examples of Personal Information collected: name, clothing size, personal measurements, billing address, shipping address, payment information (including but not limited to, credit card numbers, debit card numbers, PayPal and other e-payment account details), email address, and phone number.

  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

  • Source of collection: collected from you.

  • Disclosure for a business purpose: Hook & Cross Fitness Kickboxing Inc. (Hook & Cross/ hookandcross.com) use Printful.com and Shopify.com for 3rd party product production & fulfillment and providing web store, payment methods, marketing materials, and other services. As such you agree to allow these 3rd parties and other 3rd parties not here named access to the above listed personal information at Hook & Cross' discretion only in the execution of your online shopping experience, order fulfillment including payment, shipment tracking, and any subsequent required actions such as, but not limited to, returns and exchanges. 

Customer support information

  • Examples of Personal Information collected: Address, telephone number, name, clothing size, payment method

  • Purpose of collection: to provide customer support.

  • Source of collection: collected from you.

  • Disclosure for a business purpose: Hook & Cross Fitness Kickboxing Inc. (Hook & Cross/ hookandcross.com) use Printful.com and Shopify.com for 3rd party product production & fulfillment and providing web store, payment methods, marketing materials, and other services. As such you agree to allow these 3rd parties and other 3rd parties not here named access to the above listed personal information at Hook & Cross' discretion only in the execution of your online shopping experience, order fulfillment including payment, shipment tracking, and any subsequent required actions such as, but not limited to, returns and exchanges.      

 

Minors

  • The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

  • We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

    • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

    • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

    • We use Printful.com to produce, fulfill, and ship some of our products 

    • We do not sell your personal information any 3rd party not directly involved in the provision of your shopping experience or order fulfillment and customer service. 

    • We do not intentionally store your personal information on separate servers other than those of our 3rd party fulfillment partners as listed above. 

    • We take your privacy seriously. Please visit https://www.shopify.com/legal/privacy and https://www.printful.com/policies/terms-of-service for details of how our 3rd party partners manage your data

Behavioural Advertising

Using Personal Information

  • We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

 

Lawful basis

  • Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

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  • Your consent;

    • The performance of the contract between you and the Site;

    • Compliance with our legal obligations;

    • To protect your vital interests;

    • To perform a task carried out in the public interest;

    • For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

  • When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

  • If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

  • We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

  • Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

  • Services that include elements of automated decision-making include:

    • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.

    • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

 

Selling Personal Information

Hook & Cross does not sell your personal information.

 

Your rights

GDPR

  • If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below 

  • Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States.

 

CCPA

  • If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below 

  • If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

  • A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

  • The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

  • You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

  • Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

  • Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

  • Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

  • We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

  • For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:

  • 97 James Parrott Ave.,Markham, ON L6E 2B3, Canada

  • Last updated: 09/25/2020

  • If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority for further advice.

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