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LAST UPDATE OF THESE TERMS & CONDITIONS – 01 April 2019
BEFORE USING OUR SITES, OR CONTRACTING OUR SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY.
Use. The website, at URL www.goactiveontrio.ca, and associated social media, is the usual way all business and administration is conducted. By accessing our website and/or social media, products, and services, you, the user, agree to the terms and conditions we set out therein. These terms and conditions may change at our discretion any time and without notice. All services and/or products ordered and/or purchased made through this site are also governed by these terms and conditions.
Use of and orders placed on this website et alia by a Canadian based customer are governed by the Laws and the Courts of the Province of Ontario. The user is also responsible for complying with these laws.
Errors, Omissions & Updates. We may correct errors, updates or inaccuracies and change or update information on this website et alia at any time without notice, including prices and item availability. All prices listed are in Canadian dollars and all charges will be processed in Canadian dollars. All prices listed on this site are subject to confirmation. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.
Registrations. Online, telephone and in-person registrations may be subject to a minimum credit card pre-authorization charge endorsed through a payment channel on the site, or by a point of sale terminal through manual entry. All products and services are quoted for items listed only within that product or service. Any product and/or service that fall outside of a stipulated product and/or service are subject to additional charges. If a customer fails to attend or make themselves available for a pre-scheduled appointment, booking, corporate or team event or the like, the pre-authorized charge amount could be forfeited.
Cancellations. If you need to cancel a program, registration, pre-purchase of goods or service, or the like, GoActive Ontario will require that you provide a minimum 72 hours advance notice. Any aforementioned item cancelled up to the 72 hour notice period may be refunded the amount minus an administration fee, forfeit the pre-authorized credit card amount taken at the time of registration or agreement or may be invoiced up to the full amount of the products/services. Any services booked within the 72 hour notice period, may be cancelled, however, a refund will not be issued.
Purchase & Payment Policy. Purchase & Payment must be up to date and/or paid in full prior to attendance to any classes, programs or activities, or receipt of goods.
Deposits; may be taken for the pre-purchase of goods or services. Deposits are non-refundable.
Refunds; will only be given in the original form of payment.
Returns & Exchanges; are for goods only, and are accepted within 15 days with proof of purchase. Items must be faulty at the time of initial purchase. Consumable items, items damaged or worn after purchase, not in original packaging or without tags and/or labels, or the like, may not be returned or exchanged. Returned items may only be exchanged for like items of the same value, or a merchant credit.
Promotions. GoActive Ontario also reserves the right to distribute promotional gift cards through partners, sponsors, contests and online competitions. All promotional gift cards are to be used as a credit towards a service and are not to be used as credit towards the procurement of goods or other products supplied by GoActive Ontario unless otherwise stipulated.
Service. GoActive Ontario will use commercially reasonable efforts to deliver service and items as quickly as possible, and within any time indicated. However, we are not responsible for delays beyond our control that may fall outside of predetermined schedules. We will endeavour to notify users if service is delayed and will offer up alternative service in the clients best interests, and at the GoActive Ontario’s discretion. We reserve the right not to service or ship to certain addresses.
All textual and graphic content on this site, Social Media, in print, or the like in physical hard copy, its organization and presentation, and our organization and domain name are our property and are therefore copyrighted by us. These materials may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only. Otherwise, the republication or use of these materials on any other website or media without prior written consent from us is prohibited, and all rights are reserved.
The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of, GoActive Ontario, and Popiel and Sons Incorporated, and others. Any other use is prohibited unless specifically permitted by GoActiveOntario and/or Popiel and Sons Incorporated.
It is assumed by all participants of GoActive Ontario programs and activities, that there will be production and use of images of them, and whom they have guardianship of. These images remain the sole property of GoActive Ontario. These images may be used for promotional, informative, or other use at the discretion of GoActive Ontario, and their agents. Permission to publish, store, or otherwise use images, is taken as granted by the registrant as a condition of their registration and confirmation they have read and understood these terms & conditions herein, unless otherwise expressly revoked. Images of people used on this site are used with permission or in accordance with applicable law. Re-use of them without permission may violate the privacy and publication rights of those persons.
Using Linked Content
This site provides links to other websites. All those sites are independent of GoActive Ontario, and Popiel and Sons Incorporated, and therefore we have no control over, and no liability for, those websites or their contents, or their use. We provide these links for your convenience, and you may decide to access them at your own risk.
By submitting content, users warrant that they have full right and authority to submit that content and that they have sole copyright and proprietary rights over that content. Users may not contribute a post or transmit unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offenses, or violate any law. We reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever.
This website and associated media platforms should be accessed and used at your own risk. Though reasonable efforts have been made to ensure these mediums are current and contain no inaccuracies or errors, no guarantees are made that the content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders, products, services or the like not yet provided may be canceled.
We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, incoherent, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.
GoActive Ontario, and Popiel and Sons Incorporated, and our directors, agents and employees are not liable for any damages arising out of or related to access to or use of our site, associated media, or our services, or sites we link to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.
GoActive Ontario programs include, but are not limited to, the following types of programs:
Class. Typically 1 hour in duration, at regular morning and afternoon times throughout the week, at varied indoor, outdoor or combined locations. These run year round, accommodate small group sizes with 1 or more coaches directly instructing and supervising the activity. Some locations/classes permit infants & children to be in attendance with their parent/guardian, while others do not. This programming focuses on overall movement & conditioning, emphasizing consistent progress of the individual regardless of initial capabilities. The leader/participant ratio is 1:10.
Personal, and Semi-Personal Fitness & Wellness Training/Consultancy/Programming. These are offered by GoActive Ontario but are separate and apart from “Class” based fitness. These are conducted as a “one-to-one”, “one-to-few” (usually a one to two/three ratio), and as either as a single or multiple sessions, or any combination.
*For programming and activities with infants and children in attendance, please review the pertinent policies and procedures.
GoActive Ontario is headquartered in Quinte West, Ontario. All programs operate at a variety of “green spaces”, recreational facilities and bodies of water around the Bay of Quinte; typically in Quinte West, Brighton, Belleville, and Prince Edward County regions.
Policies & Procedures
A Participant is anyone participating as part of the Operations of GoActive Ontario. Participants may, or may not be a GoActive Ontario Member, Registrant, Client, Staff Member and/or Agent. Regardless of the status of a Participant with GoActive Ontario, they are bound by all documentation, Policies & Procedures, and/or Terms for the duration of their Participation with GoActive Ontario.
All Participants must indicate they have acknowledged, and where applicable completed and submitted all documents including but not limited to: Waiver, Release of Liability, & Indemnification; Special Considerations Notification; Emergency Contact Notification; Terms & Conditions; and the Policies & Procedures prior to attending or commencing any activity.
Account & Membership
GoActive Membership is free. Creation of an Account is what administratively creates a GoActive Membership (“Membership”), and is the sole method to become a GoActive Ontario Member (“Member”). Membership entitles and obligates to all rights, privileges, and responsibilities therein. Though not always necessary to participate as part of GoActive Ontario Program and/or Activity, it is the normal way for all administration and forms to be completed so that an individual may Register and Participate. In the creation of this account, the Member confirms they have Acknowledged and Accepted all Terms, and shall hereby be entered into by all involved parties upon its creation.
GoActive Ontario Staff is an individual or organisation employed by, contracted for, or charged with the duties and responsibilities and representation for/of the conduct of the Operations for GoActive Ontario.
Program/Activity Registration (“Registration”) is not confirmed until the required payment has been received and/or all forms completed & submitted. Program/Activity spots are accepted on a first come, first serve basis.
Entitlement of access to Program or Activity Participation to a Participant is granted so long as all applicable dues are current, and all Terms & Conditions are met. GoActive Ontario reserves the right to revoke Entitlement if these Policies and/or any other Agreements or Terms are Breached or violated.
A GoActive Ontario Registration, Participant, Membership, Account or Staff may be Terminated by GoActive Ontario for any non-compliance or breach of these Policies & Procedures, and/or all other Terms & Conditions.
Absenteeism, Tardiness, Removal & Refusal of Service
Participants are asked to email or call GoActive Ontario in advance of scheduled program start times to notify them of absenteeism or late arrival. All programs will start at the time indicated. No refunds or credits will be given due to being absent or late.
Missed classes may be permitted to be made up at the discretion of GoActiveOntario. All missed classes must be made up within a reasonable time, and to not cause unreasonable accommodation.
Removal from participation either by the individual, legal parent or guardian, or by GoActive Ontario, will be treated as a Cancellation within 72 hours, and the conditions therein.
Refusal of Service or Entitlement of a Participant by GoActive Ontario is at the sole discretion of GoActive Ontario.
Release of Minors
For the purpose of this Policy, a Minor is an individual who is not of the Age of Majority as recognized by the Laws of the Province of Ontario. Children & Youth programs are designed for Minors. Parents and/or Legal Guardians must provide information regarding the release of their Minor at the end of each Activity or Program. If a Minor is allowed to leave independently or another Individual is to pick up them up, the immediately responsible GoActive Ontario Staff must be notified. Staff may ask this Individual for multiple forms of government issued identification if they are unknown and may additionally contact the Parent and/or Guardian.
GoActive Ontario Staff reserve the right to refuse release of the Minor if all conditions are not met, if they are not notified by the parent/legal guardian, or at their sole discretion, and may contact appropriate agencies to transfer custody of the Minor as required.
Standards of Conduct, Expected Behaviours, and the Right to Self-Determination
GoActive Ontario subscribes to a standard of conduct and expected behaviours of its Participants. GoActive Ontario acknowledges, and encourages, a right to Self-Determination. These standards, expectations, and rights, imply responsibility, and accountability for ones’ actions. There are limitations of response by GoActive Ontario staff and/or agents, acting in the interests of GoActive Ontario its participants, and bystanders.
GoActive Ontario provides services to and in presence of varied populations, including legal adults and minors. Any and all actions and behaviours, and how they are perceived by others within the activity and public, will reflect on the individual, group and GoActive Ontario.
As a Condition of activity with GoActive Ontario, Participants, hereby agree to abide by all safety, use, conduct & other guidelines and regulations, either explicit or implied, while using or partaking in activities at/with GoActive Ontario facilities, venues, and equipment. Additionally, they agree to dress and conduct themselves in a manner deemed appropriate for the activities and participant populations & clientele GoActive Ontario serves and operates around.
Regardless of location, in real life or on any forum/media associated with GoActive Ontario, please remember the following:
Disclosure of Special Considerations, Limitations of Pre-existing Medical Conditions, & Medication
Special considerations, limitations of pre-existing medical conditions, that could affect the Participant or the conduct of Activities in various Environments (ie. water, austere environments, etc.), ought to be disclosed to GoActive Ontario Staff. GoActive Ontario does not need to know the specific diagnoses or conditions, simply the limitations and/or interventions required to respond to or otherwise mitigate them.
This may be through use of MedicAlert jewelry, verbal or written instruction (ie. diabetes/insulin, severe allergies/EpiPen injector). Emergency and First Aid intervention will follow the protocols contained herein. There may be considerations that may need to be dealt with on a case-by-case basis. At the Participants discretion, it is requested to discuss with the relevant GoActive Ontario Staff, prior to the commencement of the activity.
Risk Assessment, Significant Incidents, and Emergency Planning, Protocols & Reporting
Risk Assessments, determination & definition of “Significant Incident(s)”, and emergency planning & protocols, and reporting procedures are in place for all GoActive Ontario Activities.
All Staff conducting Activities, are “First Aid” certified to International Liaison Committee on Resuscitation (ILCOR) and/or Canadian Federal Accredited life-saving standards, and activity appropriate certified practices (in-house and/or industry body). At a minimum, a complete First Aid kit is taken on all Activities and may be supplemented from time to time with specific equipment meant to mitigate additional risks and/or hazards.
There is an expected responsibility of all GoActive Ontario Participants, to exercise Due Diligence when planning for and the conduct of Activities, to include Emergency and/or Urgent situational awareness and planning.
GoActive Participants are not required to provide Urgent or Emergency Care or Response, if they are personally at risk, or would pose a risk to others. If they do so, they do so at their sole discretion.
All incidents and accidents involving GoActive Participants and occurring during the conduct of GoActive Ontario Activities will follow the respective protocols, and reporting procedures, as well as the respective Laws, Acts and Statutes of the Province of Ontario, and the Federal Government of Canada.
Significant Incidents. Incidents regarding Urgent or Emergency Care or Response, or Health, Safety and/or Wellbeing shall be treated as a “Significant Incident”, and require reporting to the GoActive Ontario Directing Staff.
Reporting. All Significant Incidents shall be reported to the directing staff of GoActive Ontario Directing Staff.
Health & Safety
GoActive Ontario considers health & safety a priority and makes all efforts to promote and encourage to Participants and/or their Parents/Guardians preventative health & safety strategies. Methods to minimize health risks are integrated into Activities, Programs and Work Practices to influence a healthy and safe Environment. In general, it is the expectation of all Participants they ought reasonably to know what good choices are, and that they are made.
Stand Up Paddleboarding (SUP) & Waterborne activities:
Weak swimmers or those with poor confidence or skills/competencies in the specific water environment shall make themselves identifiable to the appropriate GoActive Ontario Staff; and
All GoActive Ontario Participants while engaged in SUP activities on a body of water, shall follow the Transport Canada guidelines with regard to Small Vessel Regulations, Subpart 5, Exceptions for Human-Powered Pleasure Craft.
*In case of discrepancy between this policy and the appropriate Transport Canada regulation, the latter shall take precedence.
This website is owned and operated by GoActive Ontario. Our website address is https://goactiveontario.ca. At GoActive Ontario, we are committed to providing our customer with exceptional service, and as part of that commitment to protecting the privacy of our visitors while they interact with the content, products, and services on this site (the “Site”).
We have a strong commitment and responsibilities to protecting personal information as a result of the Government of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA sets the ground rules for how private-sector organizations collect, use, and disclose personal information in the course of for-profit, commercial activities across Canada.
We will inform our customers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that a reasonable person would consider appropriate in the circumstances.
This Personal Information Protection Policy, in compliance with PIPEDA, outlines the principles and practices we will follow in protecting customers’ personal information. Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our customers’ personal information and allowing our customers’ to request access to, and correction of, their personal information.
This Personal Information Protection Policy applies to GoActive Ontario and Popiel & Sons Incorporated.
Personal Information – means data about an “identifiable individual”. e.g., including name, age, home address and phone number, income, education and employment information. It is information that on its own or combined with other pieces of data, can identify you as an individual. Personal information does not include contact information (described below).
Contact information – means information that would enable an individual to be contacted at a place of business and includes name, position name or title, business telephone number, business address, business email or business fax number. Contact information is not covered by this policy or PIPEDA.
Through the Site and/or the Service Provider, We collect two types of information from you: i) information that you voluntarily provide to us (e.g. through a voluntary registration process, sign-ups or emails); and ii) information that is derived through automated tracking mechanisms
In order to fully access this Site and/or the services of the Service Provider, you must first complete the registration process, during which we will collect personal information about you. The information will include your name, address, email address, phone number, emergency contact notification, age, biometrics, physical abilities and limitations, medical limitations that may affect the conduct of activity and its Participants, and other information required to effectively conduct Risk Assessment and Risk Mitigation.
We also collect personally identifiable information when you choose to use certain features of the Site and/or Service Provider, including i) making purchases, ii) consenting to receive email or text messages about upcoming promotions or events, iii) consenting to receive email, iv) participating in our forum, v) commenting on on articles, and others. When you choose to use these additional features, we require you to provide your “Contact Information” in addition to other personal information that may be required to complete a transaction such as your phone number, billing and shipping addresses, and credit card information. Occasionally, we may also request information such as your shopping preferences and demographics which will help us better serve you and our others in the future.
www.goactiveontario.ca only uses your personal information for the original purposes it was given. Your personal information will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection.
www.goactiveontario.ca will not disclose, use, give or sell any personal information to third parties for any purposes other than to our suppliers and other third parties who need to know in order to deliver services on behalf of www.goactiveontario.ca unless required to do so by law. Further, www.goactiveontario.ca reserves the right to contact you regarding matters relevant to the underlying service provided and/or the information collected.
Please note that personally identifiable information is used only to provide you with a more enjoyable, convenient online experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and Service Provider, and their features, including without limitation, to: verify identity; identify customer preferences; open and manage an account; deliver requested products and services; guarantee or reserve a service; enrol the client in a program; send out organizational or promotional information; and to ensure a high standard of service to our customers; tracking and otherwise supporting your use of the Site and Service Provider.
www.goactiveontario.ca may use your personal information for target advertising toward you based on things such as region, gender, interests, goals, habits, etc.
We may permit certain trusted third parties to track usage, analyse data such as the source address that a page request is coming from, your IP address or domain name, the date and time of the page request, the referring Web site (if any) and other parameters in the URL. This is collected in order to better understand our Web site usage, and enhance the performance of services to maintain and operate the Site and certain features on the Site. We may use third parties to host the Site: operate various features available on the Site; send emails; analyse data; provide search results and links and assist in fulfilling your orders.
Also, we may share personally identifiable or other information with our parent, subsidiaries, divisions or affiliates.
We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of any insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.
www.goactiveontario.ca may disclose Contact information in special cases where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms and conditions of use or may be causing injury or interference with our rights, property, our customers or anyone who could be harmed by such activities
WE ARE NOT LIABLE OR RESPONSIBLE FOR THE PERSONALLY IDENTIFIABLE OR OTHER INFORMATION YOU CHOOSE TO SUBMIT IN FORUM SUCH AS A BULLETIN BOARD, CHAT ROOM OR ANY OTHER PUBLICLY ACCESSIBLE AREA OF THE SITE.
We use non-identifying and aggregate information to better design our website and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
If you have an account and you log in to this Site or Service Provider, we/they will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. If you log out of your account, the login cookies will be removed.
Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. If a user’s system is idle for a defined time, the cookie will expire, forcing the user to sign in again to continue their session. This prevents unauthorised access to the user’s information while they are away from their computer.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block cookies, you will need to re-enter your original user ID and Password to gain access to certain parts of the Site or Service Provider.
If you leave a comment on our Site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for a period of time.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It typically expires after 1 day.
Third Party Cookies: In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unit “cookie” on your browser.
If you upload images to the Site, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our Site and/or Service Provider (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
We, either through our Site or Third Party, provide mechanisms for updating and correcting your personal information for many of our services. You may modify or remove any of your personal information at any time by logging into your account and accessing features such as edit and account.
We are committed to protection the information we receive from you. We take appropriate security measures to protect your information against unauthorised access to or unauthorised alteration, disclosure or destruction of data. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information and data stored on our system. While no computer system is completely secure, we believe the measures the have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
We do not solicit any personal information from children. If you are not 18 or older, you are not authorised to use the Site. Parents should be aware that there are parental control tools available online that can be used to prevent children from submitting information online without parental permission or from accessing material that is harmful to minors.
More info coming soon – please contact us for details