Petra Fisher Movement
Terms of Service
Last Modified: December 23, 2022
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Petra Fisher Platform, all Customers agree to comply with and be bound by these Terms.
Please note: Section 17 of these Terms contains an arbitration clause and class action waiver that applies to all Petra Fisher Movement Customers. It affects how disputes with Petra Fisher Movement are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
These Terms constitute a legally binding agreement (“Agreement“) between you and Petra Fisher Movement (as defined below) governing your access to and use of the Petra Fisher websites, including any subdomains thereof, and any other websites or digital platforms through which Petra Fisher Movement makes its services available (collectively, “Site“), all associated Services (defined below) made available by Petra Fisher Movement, and any mobile, tablet and other smart device applications, and application program interfaces used to access the Services (collectively, “Application”). The Site, Application and Services together are hereinafter collectively referred to as the “Petra Fisher Platform”. All other terms and policies applicable to your use of the Petra Fisher Platform are incorporated by reference into this Agreement and can be accessed via the Site.
When these Terms mention “Petra Fisher Movement,” “we,” “us,” or “our,” it refers to Petra Fisher Movement Inc., located at 1-639 Saint Clarens Avenue, Toronto, Ontario M6H 3W8.
Any and all payment processing services through or in connection with your use of the Petra Fisher Movement Platform (“Payment Services“) are provided to you by Petra Fisher Movement or one or more affiliated third-party entities as set out in the Payments Terms of Service (“Payments Terms“).
Table of Contents
- Scope of Services
- Eligibility, Using the Petra Fisher Platform, Customer Verification
- Modification of these Terms
- Service Fees
- Terms specific for Customers
- Terms applicable to Live Training and Coaching
- Cancellations and Refunds
- Payment Terms
- Rounding off
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
- Scope of Services
1.1 General. The Petra Fisher Platform is a service that allows individuals (“Customers” or “You”) and certain third parties on behalf of the Customers to purchase, access and use Services and to communicate and transact directly with Customers that are seeking to purchase such Services. Customers may use the Services for themselves or, subject to meeting all eligibility criteria in these Terms or as provided otherwise by Petra Fisher Movement, for the benefit of another third party, such as a minor child (Customers, and any third party enrolled in Services by a Customer for the third party’s benefit, that are using Services are also “Customers” or, where applicable, “You”). Services may include a live online or in-person offering of single or multi-day fitness training or retreat (“Live Training”), access to pre-recorded training videos (“Training Videos”), and private 1-to-1 or small group coaching (“Coaching”, and together with Live Training and Training Videos, the “Services”).
1.2 No Guarantee. While we may help facilitate the resolution of issues or disputes, Petra Fisher Movement has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth or accuracy of any content on the Petra Fisher Platform, or (iii) the performance or conduct of any user, vendor or third-party. You should always exercise due diligence and care when deciding whether to use or participate in any Services, or communicate and interact with other Customers, whether online or in person. Any media content on the Petra Fisher Platform are intended only to indicate a photographic or videographic representation of the Services at the time the photo or video was taken, and are therefore not an endorsement by Petra Fisher Movement of what the Services entail. Petra Fisher Movement does not endorse any product or service referenced or used in any Services, and any use or display by Petra Fisher Movement is not an endorsement, certification or guarantee by Petra Fisher Movement about such product.
1.3 Your Relationship With Us. If you choose to use the Services, your relationship with Petra Fisher Movement is limited to being a customer, and not a employee, agent, patient, independent contractor, joint venturer or partner of Petra Fisher Movement for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Petra Fisher Movement. Petra Fisher Movement does not, and shall not be deemed to, direct or control you generally or in your use of the Services or performance under these Terms. You acknowledge and agree that you have complete discretion whether to agree to use the Services or otherwise engage in other activities. Customers are each responsible for their own performance.
1.4 Promoting Petra Fisher Movement. To promote the Petra Fisher Platform and to increase the exposure of Services to potential Customers, Services and other Collective Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Customers who speak different languages, Services and other Collective Content may be translated, in whole or in part, into other languages. Petra Fisher Movement cannot guarantee the accuracy or quality of such translations and Customers are responsible for reviewing and verifying the accuracy of such translations. The Petra Fisher Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.5 Third Party Services. The Petra Fisher Platform may contain links to third-party websites, resources, services or products (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Petra Fisher Movement is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Petra Fisher Movement of such Third-Party Services. Please be aware that any goods and services provided by Third-Party Services may be subject to separate terms and conditions and liability waivers, as well as local laws and regulations.
1.6 Service Availability. Due to the nature of the Internet and telecommunication services, Petra Fisher Movement cannot guarantee the continuous and uninterrupted availability and accessibility of the Petra Fisher Platform or any Services. Petra Fisher Movement may restrict the availability of the Petra Fisher Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Petra Fisher Platform. Petra Fisher Movement may improve, enhance and modify the Petra Fisher Platform and remove access to some Training Videos after a reasonable period of time after the sale of such Training Videos.
1.7.1 Assignment. All Customers hereby assigns and transfer to Petra Fisher Movement any and all proprietary rights, including copyright, and waive all personal rights, which Customer may have in these Promotional Materials. You further grant to Petra Fisher Movement the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works (“Displayed”) of these Promotional Materials in any media now known or later developed for promoting, publicizing or explaining Petra Fisher Movement and its activities and for administrative, educational or research purposes. You acknowledge that Petra Fisher Movement owns all rights to the images and recordings in any Promotional Materials, including any Promotional Materials Displayed by Customers in any media (such as if a Customer publicly posts a picture of a live workshop to social media).
1.7.2 Waiver. All Customers hereby waive any right to inspect or approve the use of the images or recordings or of any written copy of any Promotional Materials. Customers further waive all moral rights in any Promotional Materials. Customers also waive any right to royalties or other compensation arising from or related to the use of the Promotional Materials. Customers hereby release, defend, indemnify and hold harmless Petra Fisher Movement, its board of directors, officers, employees or agents from and against any claims, damages or liability arising from or related to the use of the Promotional Materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
1.7.3 Requests to Omit. Customers may by written notice to Petra Fisher Movement (“Request to Omit”) request that Petra Fisher Movement not disclose some or all personal identifying information (such as names, likeness, etc.) of the Customer in Promotional Materials; provided that if a Customer does not submit a Request to Omit prior to Petra Fisher Movement’s Display of any Promotional Materials (such as if a Training Video has already been edited and posted on the internet for past Customers to re-view the Training Video), Petra Fisher Movement has the option in its sole discretion to choose whether or not to remove or take down such Displayed Promotional Materials.
- Eligibility, Using the Petra Fisher Platform, Customer Verification
2.1 Eligibility. In order to access and use the Petra Fisher Platform and purchase any Services you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent or legal guardian to read these Terms and agree to them for you before you use the Petra Fisher Platform for your benefit. If you are a parent or legal guardian and you provide your consent to your child’s use of the Petra Fisher Platform or any Services, then you agree to be bound by these Terms with respect to your child’s use of the Petra Fisher Platform and any Services.
2.2 Export Control Laws. You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country, and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.
2.3 Additional Requirements. Petra Fisher Movement may make access to and use of the Petra Fisher Platform, or certain areas or features of the Petra Fisher Platform, subject to certain conditions or requirements, such as completing a registration process or submission of required information (such as payment and identification details).
2.4 Additional Terms and Policies. The access to or use of certain areas, features or Services of the Petra Fisher Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Petra Fisher Platform, each of which shall form part of these Terms hereof. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Petra Fisher Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
- Modification of these Terms
Petra Fisher Movement reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Petra Fisher Platform. Changes to these Terms shall be effective immediately upon posting, and you understand and agree that if you use the Petra Fisher Platform after the date on which the Terms have changed, Petra Fisher Movement will treat your access to or use of the Petra Fisher Platform or any Services thereof as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement with us, your continued access to the Petra Fisher Platform or use of any Services will constitute acceptance of the revised Terms.
4.1 General. Petra Fisher Movement may, at its sole discretion, enable Customers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Petra Fisher Platform (“Customer Content“); and (ii) access and view Customer Content and any content that Petra Fisher Movement itself makes available on or through the Petra Fisher Platform, including proprietary Petra Fisher Movement content and any content licensed or authorized for use by or through Petra Fisher Movement from a third party (“Petra Fisher Movement Content” and together with Customer Content, “Collective Content“).
4.2 Intellectual Property Rights. The Petra Fisher Platform and Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Petra Fisher Platform and Petra Fisher Movement Content, including all associated intellectual property rights, are the exclusive property of Petra Fisher Movement and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Petra Fisher Platform or any Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Petra Fisher Movement used on or in connection with the Petra Fisher Platform and Petra Fisher Movement Content are trademarks or registered trademarks of Petra Fisher Movement in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Petra Fisher Platform, Petra Fisher Movement Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3 Restrictions on Use of Petra Fisher Movement Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Petra Fisher Platform or Collective Content, except to the extent you are the legal owner of certain Customer Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Petra Fisher Movement or its licensors, except for the licenses and rights expressly granted in these Terms.
4.4 Your IP Usage Rights. Subject to your compliance with these Terms, Petra Fisher Movement grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) view any Services that you have purchased on your personal device(s); and (ii) access and view any Collective Content made available on or through the Petra Fisher Platform and accessible to you, solely for your personal and non-commercial use.
4.7 Content Uploaded By You. You are solely responsible for all Customer Content that you make available on or through the Petra Fisher Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content that you make available on or through the Petra Fisher Platform or you have all rights, licenses, consents and releases that are necessary to grant to Petra Fisher Movement the rights in and to such Customer Content, as contemplated under these Terms; and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or Petra Fisher Movement’s use of the Customer Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.8 Restrictions on Content Submissions. You will not post, upload, publish, submit or transmit any Customer Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates these Terms or any other Petra Fisher Movement policy. Petra Fisher Movement may, without prior notice, remove or disable access to any Customer Content that Petra Fisher Movement finds to be in violation of applicable law, these Terms or Petra Fisher Movement’s then-current Policies, or otherwise may be harmful or objectionable to Petra Fisher Movement, its Customers, third parties, or property.
4.9 Respecting Copyrights. Petra Fisher Movement respects copyright law and expects its Customers to do the same. If you believe that any content on the Petra Fisher Platform infringes copyrights you own, please contact us.
- Service Fees
5.1 Service Fees. When purchasing Services, Petra Fisher Movement may charge fees to Customers (“Service Fees“, and together with Recurring Fees and any applicable Taxes, the “Total Fees”) in consideration for the use of the Petra Fisher Platform and Services. You are responsible for paying any Service Fees (and any applicable Taxes) that you owe to Petra Fisher Movement. Except as otherwise provided on the Petra Fisher Platform, Service Fees are non-refundable.
5.2 Recurring Fees. Some Services may have recurring monthly or annual Service Fees, such as on-going Coaching or Live Training, which will be charged to Customer on a monthly or annual basis (“Recurring Fees”). Recurring Fees and any applicable Taxes will be presented to you as a grand total prior to confirming your purchase of any such recurring Services. By purchasing any recurring Services, you authorize Petra Fisher Movement to charge your Payment Method on file during each month or year that you are subscribed to such recurring Services, as per the Payment Policies below.
5.3 Changes in Fees. Petra Fisher Movement reserves the right to change the Service Fees at any time. Such fee changes will not affect any Services purchased made prior to the effective date of the fee change.
5.4 Corrections to Fees. Petra Fisher Movement reserves the right to make changes to and correct errors in quoted prices at any time. Petra Fisher Movement will notify you in writing if there are any changes to your Total Fees outstanding, whether due to error or an adjustment under Section 5.3 of these Terms, and you agree to pay the same as if the corrected Total Fees were presented to you at the time of making your original purchase.
5.5 Gifts and Coupons. Petra Fisher Movement may from time to time offer allow the purchasing of gifted Services or coupons applicable to the purchase of any Services. Where a Customer has received a gift of Services or is not require to otherwise make payment on any Services, such Customer shall still be bound fully by all of the Terms herein.
- Terms specific for Customers
6.1 Terms applicable to all services
6.1.1 Eligibility Requirements. Subject to meeting any requirements (such as completing any identification verification processes) set by Petra Fisher Movement, you can make a purchase for any Services with Petra Fisher Movement by following the respective purchase process on the Site and submitting all requesting information to Petra Fisher Movement, including your full name, residential address, phone number, email address, billing information and any other information requested by Petra Fisher Movement from time to time. You must provide accurate, current and complete information during the registration process and keep your information up-to-date at all times. Failure to provide accurate, current and complete information may cause delay and disruptions to your use of any Services, or where Petra Fisher Movement cannot obtain any required information within a reasonable period of time, Petra Fisher Movement may cancel your purchase.
6.1.2 Payment Due. Upon purchasing a Service with Petra Fisher Movement, you will be required to pay the Total Fees due at the time of purchase before your successful purchase of Services will be confirmed. Once Petra Fisher Movement has had the opportunity to confirm your successful purchase of Services by sending you an email confirmation, your payment will be non-refundable. If Petra Fisher Movement, in its sole discretion, decides not to approve your purchase for whatever reason, your payment will be refunded in full.
6.1.3 Binding Agreement. Upon receipt of your purchase confirmation from Petra Fisher Movement, a legally binding agreement is formed between: (i) you and Petra Fisher Movement for the Services that you have purchased. Petra Fisher Movement will collect the Total Fees in accordance with these Terms. For certain Services, Customers may be required to pay in full or they may have the option to pay in multiple installments. This information will be presented to you on the checkout page for the Services that you are trying to purchase.
6.1.4 Additional Customer Terms. If you enroll an additional Customers in any Services or gift any Services to any additional Customers (such as if you are enrolling an additional paid Customer or purchasing a gift for another Customer), you are required to ensure that every additional Customer meets any requirements set in these Terms, and is made aware of and agrees to these Terms, any additional Petra Fisher Movement Terms (if applicable), and any other rules, restrictions or requirements set by Petra Fisher Movement. If you are purchasing Services for or gifting Services to an additional Customer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only use the Petra Fisher Platform if (i) authorized and enrolled by an adult who is responsible for them and can legally make decisions for their benefit and (ii) you agree to be bound by these Terms with respect to the minor’s use of the Petra Fisher Platform and any Services.
6.1.5 Failure to Pay. If Petra Fisher Movement has not received payment at the time of purchasing Services or as specified in these Terms and any additional Petra Fisher Movement terms, Petra Fisher Movement reserves the right to charge any Payment Method held on file or, where Petra Fisher Movement does not receive payment, to terminate the Services, limit your access to any Services or cancel your recurring subscription. Customers that have failed to make payment when due shall not be entitled to any refund.
6.1.6 Confidentiality of Information. You are responsible for maintaining the confidentiality and security of any information you submit to Petra Fisher Movement, including information submitted on behalf of an additional Customer, and may not disclose additional Customer information to any third party. You must immediately notify Petra Fisher Movement if you know or have any reason to suspect that your information has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your information.
- Terms Applicable to Live Training and Coaching
7.1 Other Services. You should carefully review the description of any Services you intend to book to ensure you (and any additional Customers you are purchasing for or gifting to) meet any minimum age, proficiency, fitness or other requirements which Petra Fisher Movement has specified. At your sole discretion you may want to inform the Petra Fisher Movement of any medical or physical conditions, or other circumstances that may impact your and any additional Customer’s ability to participate in any Services; provided that Petra Fisher Movement does not assume any liability or responsibility by accommodating for any physical, medical or other health conditions. Customers are responsible for identifying, understanding, and complying with all risks that apply to your participation in any Services. Before and during any Services, Customers must at all times adhere to Petra Fisher Movement’s safety instructions. Petra Fisher Movement has no obligation to collect or share such information and Petra Fisher Movement does not assume any liability or responsibility for accommodating for Customer’s physical, medical or other health conditions.
7.2 Authorized Individuals Only. You may not bring any additional individuals to a Service unless such an individual has purchased the Services or has received a valid gift of Services on the Petra Fisher Platform. By purchasing or gifting a Service available for particular dates and times on the Petra Fisher Platform (an “Instance”), you agree that only people who book through Petra Fisher Movement can attend that Instance of the Service. You further agree that you will not allow people to attend any Instance of a Service available on the Petra Fisher Platform unless that person validly purchased or received a gift for such Service through Petra Fisher Movement.
7.3 Risk Acknowledgement. By using any Services, you acknowledge and agree that: (i) any risks inherent to the Service lies solely with you, including risk of illness, bodily injury, mental distress, disability, death or damage to property; (ii) you and all additional Customers meet any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements; (iii) you and all additional Customers agree to comply with any safety requirements to participate in the Service (including dress codes, equipment, etc.); (iv) it is your sole responsibility to judge your physical and mental capabilities before and during your participation in any Services, and you will not exceed your physical or mental limits while performing any activities as part of the Services; (v) from time to time, Petra Fisher Movement may suggest adjustments or equipment be used based on your level of ability and physical or mental condition, and it is your sole responsibility to determine if any such adjustments or equipment are appropriate; (vi) any other prerequisites recommended by the Petra Fisher Movement. You expressly waive and release any claim that you may have at any time for injury of any kind against Petra Fisher Movement, or any person or entity involved with Petra Fisher Movement, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
7.4 Limitations. Customers are urged and advised to seek the advice of a physician before using any Services, including any physical exercise regimen, routine, program or using any suggested equipment. Petra Fisher Movement’s responsibilities are limited to operating the Petra Fisher Platform and providing access to the Services. Petra Fisher Movement is not a medical organization and does not provide services, advice or diagnosis related to any medical, chiropractic or physical therapy services. Petra Fisher Movement is not responsible for any decisions made by the Customer, including through the use of any Services, and the results of participating in any Services and/or any consequences thereof. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while using the Services. Nothing contained in the Services should be construed as any form of such medical, chiropractic or physical therapy advice or diagnosis, nor shall the Services be considered as a substitute for medical treatment or advice.
7.5 Results. Petra Fisher Movement makes no representations or guarantees verbally or in writing regarding the performance or results from using any Services. Customers accepts that, because of the nature of services and extent of Customer’s participation in the Services, the results experienced by Customers significantly vary. Customer accepts responsibility for such variance. Petra Fisher Movement and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
7.6 Survival. If you or we terminate these Terms, the clauses of this Section 17 that reasonably should survive termination of these Terms will remain in effect. When these Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Customer Content.
- Cancellations and Refunds
In certain circumstances, Petra Fisher Movement may decide, in its sole discretion, that it is necessary to cancel or postpone a purchased or gifted Live Training or Coaching session and may in such instances initiate corresponding refunds. This may be where (i) Petra Fisher Movement believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to Petra Fisher Movement, other Customers, third parties or property, or (ii) for any of the reasons set out in these Terms. If some Services have been consumed but others have been cancelled, Petra Fisher Movement may issue a partial refund in its sole discretion after deducting any non-refundable amounts due to Petra Fisher Movement. If you believe that you may be eligible for a refund, please email Petra Fisher Movement at [email protected].
- Payment Terms
9.1. Payment Services. Petra Fisher Movement utilizes a third-party payments services processor to facilitate the collection and remittance of any payments from and to Customers. These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Customers (“Payment”), by charging the payment method associated with the Customer, such as credit card, debit card, bank account, Stripe account or PayPal account (“Payment Method”);
- Refunding Customers (“Payout”) to a financial instrument associated with the Customer, such as a Stripe account, PayPal account, bank account or a debit card (“Payout Method”);
- Payment processing services; and
- Other payment related services in connection with any Services or Third-Party Services.
In order to use the Payment Services, you must be at least 18 years old, must have submitted all relevant information to Petra Fisher Movement in accordance with the Terms, and must keep your payment and personal information accurate and complete.
9.2. Your use of the Payment Services
9.2.1 Petra Fisher Movement Payment Services. By using the Payments Services, you agree to comply with these Terms. Petra Fisher Movement may: (i) temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services; and (ii) improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
9.2.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Petra Fisher Movement is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Petra Fisher Movement of those Third-Party Services.
9.2.4 Verification. You authorize Petra Fisher Movement, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Petra Fisher Movement reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
9.2.5 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
9.3. General User Terms
9.3.1 Adding a Payment Method. When you add a Payment Method or Payout Method, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Petra Fisher Movement or its third-party payment processor(s). You authorize Petra Fisher Movement and its payment service providers to collect and store your Payment Method information.
9.3.2 Payment Authorization. You allow Petra Fisher Movement to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for Total Fees due (including any applicable taxes) in connection with any Services purchased.
9.3.3 Timing of Payment. Petra Fisher Movement generally charges the Total Fees to Customer immediately upon the making any purchases, unless Petra Fisher Movement has offered you alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be included in the Total Fees, as applicable, and you agree to pay such fees. Additional terms and conditions may apply for the use of an alternative payment option. If Petra Fisher Movement is unable to collect the Total Fees due, as scheduled, Petra Fisher Movement may cancel or terminate your Services with no refund or recourse.
9.3.4 Currency. Petra Fisher Movement will process each transaction in United States dollars (USD). Please note that certain bank fees may apply to your payments and the amount listed on your card statement may be different from the amount shown on your account page. Petra Fisher Movement is not responsible for any such additional fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
9.3.5 Payment Restrictions. Petra Fisher Movement reserves the right to decline or limit payments that we believe (i) may violate Petra Fisher Movement’ risk management policies or procedures, (ii) may violate these Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Petra Fisher Movement, or others to risks unacceptable to Petra Fisher Movement.
9.3.7 Your Payment Method, Your Responsibility. Petra Fisher Movement is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
9.3.8 Failure to Make Payment. If Petra Fisher Movement is unable to collect your initial payment prior to the start date of your Services, Petra Fisher Movement will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice or prior to the start date of your Services, whichever is earlier. If you fail to complete the payment, you authorize Petra Fisher Movement to cancel the Services on your behalf. You acknowledge that you may incur fees for cancellations.
9.4 General Payment Terms
9.4.1 Fees. Petra Fisher Movement may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in these Terms and via the Petra Fisher Platform.
9.4.2 Payment Authorizations. You authorize Petra Fisher Movement to collect from you amounts due pursuant to these Terms by charging the Payment Method associated with any purchased Services, or any other Payment Method on file that you authorize when purchasing Services (unless you have previously removed the authorization to charge such Payment Method(s)). Specifically, you authorize Petra Fisher Movement to collect from you:
- Any amount due to Petra Fisher Movement (e.g., as a result of Services or other actions as a Customer or user of the Services). Any funds collected by Petra Fisher Movement will set off the amount owed by you to Petra Fisher Movement and extinguish your obligation to Petra Fisher Movement.
- Taxes, where applicable and as set out in these Terms.
- Any penalties payable under these Terms, including any cost and expenses incurred in collecting such penalties.
- Any service fees imposed pursuant to these Terms.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Petra Fisher Movement collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
9.4.4 Payment Processing Errors. Petra Fisher Movement will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Petra Fisher Movement or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to Petra Fisher Movement.
9.4.5 Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations;
- breach or circumvent any agreements with third parties, third-party rights, or these Terms;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms;
- register or use any Payment Method or Payout Method with your Petra Fisher Movement account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Petra Fisher Movement or any of Petra Fisher Movement’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.4.6 Chargeback Policy. Charges made for any Services are non-refundable. You agree that if you make a payment by credit card, you will not cancel it, request a charge-back, or revoke the card, nor dispute the charge with the credit card company, or otherwise demand a reversal of the charges by the credit card company, unless such an agreement is prohibited by law. You agree to notify Petra Fisher Movement directly to dispute charges or terminate any Services. Subject to these Terms, Petra Fisher Movement will promptly refund any undisputed balances to you. If you dispute the charges and cancel, revoke, or charge-back a charge on my credit card such that a fee, penalty, overdraft, or other unanticipated charge is posted to Petra Fisher Movement’s account, and it is later determined that the charge was properly authorized, you agree to pay all out of pocket fees and costs (including legal fees) incurred by Petra Fisher Movement as a result of the improper cancellation, revocation, charge-back or dispute.
- Rounding off
Petra Fisher Movement generally supports payment amounts that are payable from or to Customers to the smallest unit supported by a given currency (i.e., Canadian cents, U.S. cents or other supported currencies). Where Petra Fisher Movement’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Petra Fisher Movement may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Customers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar or other supported currency); for example, Petra Fisher Movement may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
11.1 General. As Customers you are solely responsible for determining your obligations to report, collect, remit or pay any applicable taxes or other indirect sales taxes or income taxes (“Taxes“).
11.2 Tax Information. Tax regulations may require us to collect appropriate Tax information from Customers, or to withhold Taxes from Customers, or both. If you fail to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
11.3 Remittance of Taxes. You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where you are located may require Taxes to be collected from Customers on Total Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Total Fees.
- Prohibited Activities
12.1 General. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Petra Fisher Platform. In connection with your use of the Petra Fisher Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights or our Terms;
- use the Petra Fisher Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Petra Fisher Movement endorsement, partnership or otherwise misleads others as to your affiliation with Petra Fisher Movement;
- use the Petra Fisher Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- unless Petra Fisher Movement explicitly permits otherwise, purchase any Services if you will not actually be using the Services yourself, except where the Services are being booked by you for use by an additional Customer in accordance with these Terms;
- contact another Customer for any purpose other than asking a question related to your own use of Services, their use Services, or the Customer’s use of the Petra Fisher Platform, including, but not limited to, recruiting or otherwise soliciting any Customer to join third-party services, applications or websites, without our prior written approval;
- circumvent any fees on the Petra Fisher Platform for any other reason;
- request, accept or make any payment for any fees outside of the Petra Fisher Platform or Petra Fisher Movement (such as charging fees to a third-party to access your recordings of Services). If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Petra Fisher Movement harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- engage in any violence, harassment or sexual misconduct against anyone;
- misuse or abuse any Services as determined by Petra Fisher Movement in its sole discretion.
- use, display, mirror or frame the Petra Fisher Platform or Collective Content, or any individual element within the Petra Fisher Platform, Petra Fisher Movement’ name, any Petra Fisher Movement trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Petra Fisher Platform, without Petra Fisher Movement’ express written consent;
- dilute, tarnish or otherwise harm the Petra Fisher Movement brand in any way, including through unauthorized use of Collective Content, registering and/or using Petra Fisher Movement or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Petra Fisher Movement domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Petra Fisher Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Petra Fisher Movement or any of Petra Fisher Movement’ providers or any other third party to protect the Petra Fisher Platform and access to any Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Petra Fisher Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Petra Fisher Platform;
- export, re-export, import, or transfer access to any Services except as authorized by Canadian law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 Petra Fisher Movement’s Rights. You acknowledge that Petra Fisher Movement has no obligation to monitor the access to or use of the Petra Fisher Platform by any Customer or to review, disable access to, or edit any Customer Content, but has the right to do so to (i) operate, secure and improve the Petra Fisher Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Customers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Customer Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Customers agree to cooperate with and assist Petra Fisher Movement in good faith, and to provide Petra Fisher Movement with such information and take such actions as may be reasonably requested by Petra Fisher Movement with respect to any investigation undertaken by Petra Fisher Movement or a representative of Petra Fisher Movement regarding the use or abuse of the Petra Fisher Platform.
12.3 Reporting Abuse. If you feel that any Customer or third party using the Services you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) engages in physical, sexual or emotional abuse, neglect or a risk of harm to another Customer or a third party using the Services, (iv) you suspect of breaking any laws, or (v) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Petra Fisher Movement by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
13.1 Term. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Petra Fisher Movement terminate the Agreement in accordance with this provision.
13.2 Your Right to Terminate. You may terminate this Agreement at any time by sending us an email. If you terminate this Agreement, any Services you have purchased or been gifted will be automatically cancelled and your access may be withdrawn in Petra Fisher Movement’s sole discretion.
13.3 Petra Fisher Movement’s Right to Terminate. Without limiting our rights specified below, Petra Fisher Movement may terminate this Agreement for convenience at any time by giving you seven (7) days’ notice via email to your registered email address.
13.4 Termination for Breach. Petra Fisher Movement may immediately, without notice, terminate this Agreement and/or stop providing access to the Petra Fisher Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Petra Fisher Movement believes in good faith that such action is reasonably necessary to protect the personal safety or property of Petra Fisher Movement, its Customers, or third parties (for example in the case of fraudulent or inappoprirate behavior of a Customer).
13.5 Additional Remedies. In addition, Petra Fisher Movement may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a Payment Method or Payout Method or during the Petra Fisher Movement purchasing process or thereafter, (iv) you at any time fail to meet any applicable quality or eligibility criteria for any Services, (v) Petra Fisher Movement becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly failed to make payment when due or failed to respond to payment requests without a valid reason, (vii) for any amounts you owe under the Payment Terms that are overdue or in default, or (viii) Petra Fisher Movement believes in good faith that such action is reasonably necessary to protect the personal safety or property of Petra Fisher Movement, its Customers, or third parties, or to prevent fraud or other illegal activity:
- refuse to accept or delay the provision of any Services;
- cancel any purchased Services;
- limit your access to or use of the Services;
- temporarily or permanently revoke you from making future purchases;
- temporarily or in case of severe or repeated offenses permanently suspend your use of the Services and stop providing access to the Petra Fisher Platform and/or any Services.
- limit or temporarily or permanently suspend your use of or access to your Payment Services pursuant to the Payment Terms.
In case of non-material breaches and where appropriate, you may be given notice of any intended measure by Petra Fisher Movement and an opportunity to resolve the issue to Petra Fisher Movement’ reasonable satisfaction.
Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.6 Effect of Termination. If we take any of the measures described above (i) we may issue a refund to any affected Customers in accordance with our refund policy and (ii) you will not be entitled to any compensation for pending or purchased or gifted Services that were cancelled.
13.7 Access and Use of Platform on Termination. When this Agreement has been terminated, you are not entitled to use the Petra Fisher Platform or any Services. If your access to or use of the Petra Fisher Platform has been limited or been suspended or this Agreement has been terminated by us, you may not access and use the Petra Fisher Platform yourself or through an additional Customer.
13.8 Survival. Sections 4 and 14 to 20 of these Terms shall survive any termination or expiration of this Agreement.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree that some Services may carry inherent risk, and by participating, purchasing or using those Services you choose to assume those risks voluntarily. For example, some Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate or use those Services. You assume full responsibility for the choices you make before, during and after your participation or use of any Services. If you choose to use the Petra Fisher Platform, any content on the Petra Fisher Platform or any Services, you do so voluntarily and at your sole risk. The Petra Fisher Platform, any content on the Petra Fisher Platform and all Services offered on or through the Petra Fisher Platform are provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the Services and any laws, rules or regulations that may be applicable to the Services and that you are not relying upon any statement of law or fact made by Petra Fisher Movement as it relates to the Services.
To the fullest extent permitted by law, Petra Fisher Movement, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the Service, and your use thereof. Petra Fisher movement makes no warranties or representations about the accuracy or completeness of any content on the Petra Fisher Platform or in any Services and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury, disability, death or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (III) any unauthorized access to or use of Petra Fisher Movement’s data and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of access to the Services, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Petra Fisher Platform, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Petra Fisher Platform.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- Limitation on Liability
To the maximum extent permitted by applicable law, you agree to release, defend (at Petra Fisher Movement’s option), indemnify, and hold Petra Fisher Movement and its affiliates and subsidiaries, including but not limited to, Petra Fisher Movement’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Petra Fisher Platform or any Services, (iii) your, or anyone enrolled by you (if applicable), interaction with any Customer or use of any Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, or (iv) your breach of any laws, regulations or third party rights. This defense and indemnification obligation will survive this Agreement and your use of the Services.
- Dispute Resolution and Arbitration Agreement
17.1 Overview of Dispute Resolution Process. Petra Fisher Movement is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against Petra Fisher Movement: (1) an informal negotiation directly with Petra Fisher Movement, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. (“ADRIC”) using its Arbitration Rules (as modified by this Section 17).
17.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Petra Fisher Movement each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Petra Fisher Movement by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).
17.3 Agreement to Arbitrate. You and Petra Fisher Movement mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, our payment terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Petra Fisher Platform, the Services, any payment services, or any content on the Petra Fisher Platform (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Petra Fisher Movement agree that the arbitrator will decide that issue.
17.4 Exceptions to Arbitration Agreement. You and Petra Fisher Movement each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
17.5 Modification to ADRIC Arbitration Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Petra Fisher Movement agrees that any required arbitration hearing may be conducted, at your option, (a) in Toronto, Ontario; (b) in any other location to which you and Petra Fisher Movement both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..
17.6 Modification of ADRIC Arbitration Rules – Legal Fees and Costs. You and Petra Fisher Movement agree that Petra Fisher Movement will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Petra Fisher Movement agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.
17.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.8 Jury Trial Waiver. You and Petra Fisher Movement acknowledge and agree that all arbitrable Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all arbitrable Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.
17.9 No Class Actions or Representative Proceedings. You and Petra Fisher Movement acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class participant in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and Petra Fisher Movement both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and Petra Fisher Movement agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
17.10 Severability. Except as provided in Section 17.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17.11 Changes. Notwithstanding the provisions of Section 4 (“Modification of these Terms”), if Petra Fisher Movement changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Petra Fisher Movement (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Petra Fisher Movement.
17.12 Survival. Except as provided in Section 17.10, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Petra Fisher Platform or terminate your use of the Petra Fisher Platform and the Services.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Petra Fisher Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Petra Fisher Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Applicable Law and Jurisdiction
The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to Petra Fisher Platform, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The Petra Fisher Platform is intended for use only in jurisdictions where it may lawfully be offered for use.
- General Provisions
20.1 Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Petra Fisher Movement and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Petra Fisher Movement and you in relation to the access to and use of the Petra Fisher Platform.
20.2 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and Petra Fisher Movement as a result of this Agreement or your use of the Petra Fisher Platform.
20.3 No Third-Parties. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 Severance. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.4 Waiver. Petra Fisher Movement’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 Assignment. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Petra Fisher Movement’ prior written consent. Petra Fisher Movement may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.
20.7 Notices. Unless specified otherwise, any notices or other communications to Customers permitted or required under this Agreement, will be provided electronically and given by Petra Fisher Movement via email, Petra Fisher Platform notification, or messaging service (including SMS).
20.8 Controlling Agreement. In the event of any conflict between the provisions contained in these Terms and any other terms, marketing materials, content, communications or emails used by Petra Fisher Movement, its representatives, employees, contractors or affiliates, the provisions of these Terms shall be controlling and take precedence with respect to the subject matter hereof that conflicts with any of the aforementioned.