Last Updated and Effective Date: September 3, 2023
 

Definitions
 

1. User, You, Your
   All visitors are referred to as “user,” “you,” and “your.”
    

2. Company, We, Us, Our
   The terms “Company,” “we,” “us,” and “our” refer to Tough Monkey Physical Training Ltd., Tough Monkey Nation, Tough Monkey Martial Arts, Corporate Kick Wellness, Marc Douglas Gaudet, Evelyn Lisa Charlotte Gaudet, and any of its directors, officers, employees, instructors, volunteers, trainers, facilitators, agents, representatives, affiliates, successors, and assigns.
    

3. Site
   Any pages and content contained on or obtained through the Tough Monkey Physical Training Ltd. website located at https://www.toughmonkey.ca, Corporate Kick Wellness located at https://www.kickwellness.ca, through any Apps or applications associated with Tough Monkey Physical Training Ltd., through any communication, including videos, podcasts, social media posts, blogs, articles, and emails related to Tough Monkey Physical Training Ltd., Corporate Kick Wellness and through any of the associated social media platforms Tough Monkey Physical Training Ltd. uses, including but not limited to the following:
   
   Facebook: https://www.facebook.com/toughmonkeynation/
   Facebook: https://www.facebook.com/groups/921961155477728,
   Calendly: https://calendly.com/tough-monkey/connect
   LinkedIn: https://www.linkedin.com/company/ tough-monkey/
   Instagram: https://www.instagram.com/toughmonkeynation/
   YouTube: https://www.youtube.com/@toughmonkeynation/
   Pinterest: https://www.pinterest.ca/toughmonkeynation/
   Twitter/X: https://twitter.com/TheToughMonkey/
    

4. Service
   Services offered by the Company include but are not limited to instruction (coaching, facilitating, presenting, consulting, training, teaching, meeting, and speaking) in martial arts, self-defence, personal safety and defence, Taekwon-Do, defensive tactics, security, fitness, physical training, physical exercise, Occupational Health and Safety, and Emergency Management, and all associated services, offered via online virtual live or in-person classes, on-demand videos, one-on-one sessions, Q&A sessions, courses, clinics, sessions, appointments, consultations, meetings, workshops, programs, memberships, summits, and events.
    

5. Personal Data
   Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
    

6. Usage Data
   Usage Data is data collected automatically either generated by the use of the Site and Service or from the Site and Service infrastructure itself (for example, the duration of a page visit).
    

7. Data Controller
   Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for and manner in which any personal information is, or is to be, processed. We are a Data Controller of your Personal Data.
    

8. Data Processors (or Service Providers)
   Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
    

9. Data Subject (or User)
   Data Subject is any living individual who is using our Site and Service and is the subject of Personal Data.
   
   
   General
    

10. Visiting, accessing, interacting with and using any pages and content contained on or obtained through the Site constitutes a use of the Site and your acknowledgement and acceptance that you are bound by the Terms and Conditions provided herein.
     

11. You are not aware of any medical condition that would affect your ability, or that of any child/minor for which you are a parent and/or legal guardian, to participate in any of the Services offered by the Company. You acknowledge and accept that it is your responsibility to consult with a physician regarding your participation, or that of any child/minor for which you are a parent and/or legal guardian, before beginning any Services with the Company.
     

12. By using the Site, you agree to these Terms and Conditions of the Site and Service, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions of the Site and Services or to impose new conditions on the use of the Site and Services from time to time, in which case we will post the revised Terms and Conditions of the Services on this Site. By continuing to use the Site after we post any such changes is an acknowledgement that you accept the new Terms and Conditions of the Site and Services with the modifications.  If you do not agree to the new Terms and Conditions, you are no longer authorized to use the Site or its Services.
     

13. To access or use the Site and Services, you must be of the legal age of majority in your Province, State, and Country where you legally reside and have the requisite power and authority to enter into these Terms and Conditions.
     

14. To use the Site and Services, you may be required to provide information about yourself, including your name, email address, and other personal information. You agree that any registration information you give us will always be accurate, correct, and current. You acknowledge and agree that any minors you are the parent and/or legal guardian for are at least five years of age at the registration date for any Service. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. By using the Site and Services, you must not violate any laws in your jurisdiction.  You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and account. You agree to accept responsibility for any activities or actions that occur under your account and password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 
     

15. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel any Services and purchases at our sole discretion.
     

16. You may use the Site and Services for lawful purposes only. You shall not post or transmit through the Site and Services any material which violates and/or infringes the rights of others or which is threatening, abusive, defamatory libel, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. We reserve the right to immediately remove you from the Site and Services without a refund if you are caught violating this condition or any conditions contained herein.
     

17. You recognize and agree that by uploading any content (including, but not limited to, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the Site, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. By using the Site, you agree and consent that the uploaded/transferred content may be publicly displayed on the Site.
     

18. If you and/or any child/minor for which you are a parent and/or legal guardian join any online community, group, or similar associated with the Company, you may have a public profile that may be publicly visible to Site users who are members. Your public activity, and that of any child/minor for which you are a parent and/or legal guardian, such as posts or comments, may be visible to other users and Site members. You may be able to opt out and exit the community/group, and upon doing so, your profile will not be publicly visible. You will no longer be able to use the community/group features (for example, liking, commenting or writing posts) at that time.
     

19. You acknowledge and agree that any recording or transmission (video, audio, still photography, screen capture, streaming, social media posting, digital recording, and similar) of any Company Service by you, whether in person or online, by using any device that accesses the Site and Services, is strictly prohibited without the prior written consent of an authorized officer of the Company, namely Marc Gaudet or Lisa Gaudet. Other Company instructors are not authorized to provide consent. This restriction extends to any temporary recording/transmission of any Company Service via any online platforms, including, without limitation, any social media platforms, including but not limited to Facebook, Instagram, YouTube, Vimeo, LinkedIn, Pinterest, Snapchat, WhatsApp, TikTok, and Zoom. Any policy violation is grounds for exclusion from future participation in the Company Services. We reserve the right to immediately remove you from the Site and Services without a refund if you are caught violating this condition. You further agree to indemnify, defend, and hold harmless the Company from and against any injuries, claims, lawsuits or other actions and all resulting losses.
     

20. The Site may contain links to third-party websites and resources. You acknowledge and agree that the Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party websites or resources you visit.
     

21. The Company has no responsibility or liability for the independent policies of the payment processing companies, vendors, and merchants we use, including but not limited to Wix, Stripe, Amazon, and any associated drop shipping print-on-demand companies. In addition, when you make purchases through the Site, you may be subject to the additional terms and conditions of a payment processing company, merchant, and any associated drop shipping print-on-demand company that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website, click on its information links, or contact the merchant directly.
     

22. You release the Company, any of our affiliates, payment processing companies, and merchants from any damages you incur and agree not to assert any claims against the Company and any of our affiliates, payment processing companies, and merchants arising from your purchase through your use of the Site.
     

23. By creating an account on the Site, you agree to subscribe to and receive from us newsletters, marketing and promotional materials, and any other information the Company may send by mail, email, or any other contact form you may provide us with (including your phone number for calls, SMS, and text messages). You may opt out of receiving any or all communications from us, except the communication required for using the Services, by following the unsubscribe link or instructions in any communication or email we send.
     

24. Without prior notice, we may change the Services; stop providing the Services or any features of the Services offered; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason or for no reason.
     

25. We may permanently or temporarily terminate or suspend your access to the Site and Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms and Conditions or any applicable law or regulations.
     

26. The Company's information and Services are generally furnished for educational or entertainment purposes only.  No information is to be taken as legal, medical, or other health advice pertaining to any individual’s specific health or medical condition. Consult with legal counsel about your rights under the laws of your jurisdiction where you legally reside.
     

27. Any testimonials listed and associated with the Site are based only on the users’ experiences who shared them and are unique to those users. Results will vary for any User in any situation (including self-defence situations) and are not guaranteed.
    
    
    Disclaimer
     

28. You should consult your physician or other health care professional before starting this or any other fitness or exercise program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
     

29. Tough Monkey Physical Training Ltd. offers health, fitness, martial arts, self-defence, safety and nutritional information and is only designed for educational or entertainment purposes. You should not rely on this information as a substitute for, nor does it replace, professional legal or medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site or heard in a video or live session. The use of any information provided on this site is solely at your own risk.
     

30. Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
     

31. If you think you are having a medical or health emergency, call 911 or your healthcare professional immediately (or the equivalent for your country/region).
    
    
    Disclaimer and Release for Recording
     

32. By continuing to use the Site and Services, you understand, agree, and give permission and consent for yourself and any child/minor for which you are a parent and/or legal guardian to be digitally recorded at any time with audio and video and photographed by the Company during the delivery of any Services. By continuing to use the Site and Services, you further understand and give permission and consent for such recorded and photographed digital materials, including your image, your voice, and your name, for yourself and any child/minor for which you are a parent and/or legal guardian, to be used for instructional, commercial business purposes (including for public viewing of the recording or live stream), promotional, and advertising purposes, without remuneration of any kind and without further notice to or permission from you and any child/minor for which you are a parent and/or legal guardian.
     

33. By continuing to use the Site and Services, you understand and give permission and consent for yourself and any child/minor for which you are a parent and/or legal guardian for the Company to use any variety of music it deems appropriate to complement the delivery of Services and on the Site.
    
    
    Release of Liability and Waiver of Claims
     

34. By continuing to use the Site and Services, you assume all risks and accept sole responsibility for any physical or mental injury to yourself or that of any child/minor for which you are a parent and/or legal guardian, including, but not limited to, personal injury, disability, death, illness, infectious disease, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at any Company Service, whether online or in person. You acknowledge and understand that risks are associated with participation in any or all the Services the Company offers, and you freely accept these risks. If you are concerned about the risks, you should not continue with the Company Services.
     

35. By continuing to use the Site and Services, you hereby release, covenant not to sue, discharge, and hold harmless the Company from liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating to your participation, or that of any child/minor for which you are a parent and/or legal guardian, in the Services in any medium or format. You understand and agree that this release includes any claims due to any cause whatsoever, including negligence, gross negligence, breach of contract, or breach of any statutory duty or other duty, on the part of the Company, and including the failure on the part of the Company to safeguard and protect you or any child/minor for which you are a parent and/or legal guardian, from the risks, dangers and hazards of the Services.
     

36. By continuing to use the Site and Services, you agree to hold harmless and indemnify the Company from any and all liability for any property damage or personal injury to any third party resulting from your participation or that of any child/minor for which you are a parent and/or legal guardian, in the Site and Services. You accept that this release covers and includes, but is not limited to, all unknown and unforeseen claims, injuries, damages and losses, and any consequences thereof.
     

37. By continuing to use the Site and Services, you agree to hold harmless and indemnify the Company from any and all liability for any costs resulting from your participation or that of any child/minor for which you are a parent and/or legal guardian, in the Services, that may be incurred for medical costs, emergency transportation, and litigation resulting from your participation, or that of any child/minor for which you are a parent and/or legal guardian.
     

38. By continuing to use the Site and Services, you agree that these Terms and Conditions shall be effective and binding upon any heirs, next of kin, executors, administrators, assigns and representatives in the event of your death or incapacity, or that of any child/minor for which you are a parent and/or legal guardian.
     

39. You agree that under no circumstances shall the Company be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use or that of any child/minor for which you are a parent and/or legal guardian, of the Site or Services. Additionally, the Company is not liable for damages in connection with the following:

    • The performance of the Services.

    • Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure.

    • Loss of revenue, anticipated profits, business, savings, goodwill, or data.

    • Third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The preceding applies even if the Company has been advised of the possibility of or could have foreseen the damages.
       

40. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees arising out of any breach by you, or that of any child/minor for which you are a parent and/or legal guardian, of any of these Terms and Conditions, or any use by you, or that of any child/minor for which you are a parent and/or legal guardian, of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
    
    
    Code of Conduct
     

41. Tough Monkey is committed to providing quality experiences in a healthy, safe, and fun environment for all participants and guests. Everyone is expected to maintain respectful behaviour toward others at all times.
     

42. To help improve participant experience, this code of conduct will explain the standard expected during all Services.
     

43. Participants, parents, and/or legal guardians of minor participants take full responsibility for their own health and safety during the Services. Should any unusual symptoms occur, participants should cease participation immediately and seek medical assistance. You acknowledge and accept that it is your responsibility to consult with a physician regarding your participation, or that of any child/minor for which you are a parent and/or legal guardian, before beginning any Services with Tough Monkey.
     

44. Monitor and adjust your level of exertion to the appropriate level of your fitness and health. Take breaks as needed.
     

45. Participants, parents, and/or legal guardians of minor participants are responsible for setting up a space to exercise safely at home. Review all FAQs to guide you. If you have questions before any Service, please email connect@toughmonkey.ca in advance.
     

46. If online booking or registration is required for participation in any Service, participants must book or register at least 24 hours before a Service begins to obtain entry.
     

47. Participants should wear exercise clothes and athletic footwear. Bare feet may be acceptable if participating at home, depending on the flooring, and as long as it is safe.
     

48. It is recommended that participants have water, a towel close by, and a padded mat for exercises on the floor if needed. A sturdy chair is also needed at times for exercises to practice balance.
     

49. Participants should secure mats to their floor if used during movement exercises to prevent sudden loss of balance and potential injury from the mat shifting unexpectedly.
     

50. During any Tough Monkey Service, once the allotted entry lobby time has passed, virtual events may be locked, and no further entry will be permitted unless otherwise stated. This does not apply to Q&A Events.
     

51. During any Tough Monkey Service, participants/guests are expected to be kind and respectful of everyone.
     

52. During any Tough Monkey Service, participants/guests may not engage in any action that may be discourteous or harmful to others, including but not limited to:

    • Any action that violates and/or infringes on the rights of others.

    • Any action that is threatening, abusive, defamatory, libelous, or invasive of privacy, dignity, or publicity rights.

    • Any action that is degrading and hateful, especially regarding race, religion, culture, sexual orientation, gender, or identity.

    • Any vulgar, obscene, profane, or otherwise objectionable action, including inappropriate and/or lack of clothing.

    • Any inappropriate or unwanted physical and/or virtual contact with another person.

    • Any action that contains injurious formulas, recipes, or instructions, encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

    • Any spamming, objectionable communications, or objectionable music.
       

53. Participants/guests suspected to be under the influence of alcohol or illegal drugs will not be permitted to participate in any Tough Monkey Service. If discovered after the event has started, these participants/guests may be removed from virtual Services and asked to leave in-person Services.
     

54. Any recording or transmission of any kind, including but not limited to video, audio, still photography, screen capture, live streaming, social media posting, digital recording, and similar, of any Tough Monkey Service is strictly prohibited.
     

55. Cancellation or rescheduling of any booked Tough Monkey Service is required at least 60 minutes before the Service. To do so, log in to your profile, select “My Bookings,” then select the Service you wish to change, and follow the prompts to make the change.
     

56. If a Service is cancelled for any reason, Tough Monkey will provide as much notice as possible depending on the circumstances (for example, a sudden power outage), and all attempts will be made to reschedule the Service. You will not lose any credit for this cancellation. We apologize in advance should this occur. We do everything we can to mitigate these situations.
     

57. Tough Monkey reserves the right to immediately terminate the program or course, without a refund, of anyone caught violating any part of this code of conduct.
     

58. Tough Monkey reserves the right to change or update information and correct this document's errors, inaccuracies, or omissions without prior notice.
    
    
    Privacy Policy
    
    The Company respects the privacy concerns of the Users of its Site and the Services provided therein. This privacy statement explains what information is gathered during a visit to the Site and how such information may be used.
    
    This policy informs you of our policies regarding collecting, using, and disclosing personal data when you use our Services and the choices you have associated with that data.
    
    We use your data to provide and improve our services. By using the Site and Services, you agree to the collection and use of your information per this policy.
     

59. Use of Information
    As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered to enhance your online experience.
    
    The Site’s various mailing lists, downloads, special offers, promotions, registration forms, and surveys/polls may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, Services, and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt out of receiving future mailings as provided below. The Company does not store any credit card information it may receive regarding a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations concerning such transaction, billing arrangement, and/or as otherwise authorized by a user.
    
    The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site and Services, or anyone else that such activities could harm.
    
    The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
     

60. Usage Data
    We may also collect information on how the Site and Services are accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (for example, IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
     

61. Location Data
    We may use and store information about your location if you permit us to do so (“Location Data”). We may use this data to provide features for our Site and to improve and customize our Site and Services.
    
    You can enable or disable location services using our Site and Service at any time through your device settings.
     

62. Children Under the Age of Majority
    The Company recognizes the special obligation to protect personally identifiable information obtained from children under the age of majority for their Province, State, or Country where they legally reside. AS SUCH, IF YOU ARE UNDER THE AGE OF MAJORITY FOR YOUR PROVINCE, STATE, OR COUNTRY, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child under the age of majority for their Province, State, or Country where they legally reside has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records. Unless a parent or legal guardian registers that child for the Site and Services, their account and any information entered will be deleted. For more information on the age of majority for your region, please get in touch with your local government organization for clarification.
     

63. Use of Cookies
    Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record-keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site and Services may not function properly or may be considerably slower.
     

64. Malware/Spyware/Viruses
    Neither the Company nor the Site knowingly permits the use of malware, spyware, viruses, and/or other similar types of software.
     

65. Links to External Sites
    The Company is not responsible for the content or practices of third-party websites that may be linked to the Site. The Company is also not responsible for any information you might share with such linked websites. Before disclosing any information, you should refer to each website’s respective privacy policy and practices.
     

66. Private Company Member Facebook Page
    Users of the Site and members of the Site and Services are solely responsible for the content of messages they post on the Company’s Private Member Facebook page. Users and members should be aware that when they voluntarily disclose personal information (for example, username, e-mail address, phone number) on the Company’s Private Member Facebook page, that information can be collected and used by others and may result in unsolicited messages. You are responsible for the personal information you submit in these instances. Please take care when using these features.
     

67. Company Social and Media Pages
    Users of the social and media pages of the Company are solely responsible for the content of messages they post on the Company’s social and media pages. Users should be aware that when they voluntarily disclose personal information (e.g., username, e-mail address, phone number) on the Company’s social and media pages, that information can be collected and used by others and may result in unsolicited messages. You are responsible for the personal information you submit in these instances. Please take care when disclosing your personal information. The social and media platforms that the Company uses include, but are not limited to, Facebook, LinkedIn, Instagram, Pinterest, YouTube, Vimeo, and Zoom.
     

68. Choice/Opt-Out
    The Site may allow you to opt-in to receive communications from us when we request information about you. You can always remove your name from any e-mail list to discontinue any such future communications. To ensure removal from any list, please follow the specific instructions within the communications you receive from the Company. If you cannot complete the instructions specified in any such communication, please e-mail us at connect@toughmonkey.ca, including a copy of the undesired email attached to the request, and state that you wish to opt-out.
     

69. Transfer of Information Across National Borders
    Our site and the information we collect are operated on servers in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside your country to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office worldwide. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.
     

70. Your Access to and Control Over Your Personally Identifiable Information
    At any time, but only once per calendar year or as otherwise required under applicable law, users may contact the Company to review the personally identifiable information that the Company has collected about you or that of any child/minor for which you are a parent and/or legal guardian. If you discover any errors, please notify the Company, and the information will be corrected. To review the personally identifiable information that the Company has collected about you or that of any child/minor for which you are a parent and/or legal guardian, please send an email to connect@toughmonkey.ca with the subject line: “Personal Information Review Request.” Users may also request that the Company delete a user account(s) or, if you have not established a user account, your email address and any related data at any time. If you wish to delete your user account(s), please email us at connect@toughmonkey.ca with “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site and Services, please email us at connect@toughmonkey.ca with the words “Delete My Information” in the subject line.
    
    You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt-out” of certain uses of that personal information, including without limitation:

    • when your personal may be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or

    • when your personal information may be used for a purpose materially different from the purpose(s) for which it was originally collected or subsequently authorized by you.

    • If you wish to limit your personal data in either way or have other questions about how the Company may use your personal data, please get in touch with us at connect@toughmonkey.ca with the words “Privacy Request” in the subject line.
       

71. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
    If you are a European Economic Area (EEA) resident, you have certain data protection rights. The Company aims to take reasonable steps to allow you to correct, amend, delete, or limit your personal data use.
    
    If you wish to be informed what Personal Data we hold about you and if you want it removed from our systems, please get in touch with us at connect@toughmonkey.ca  
    
    In certain circumstances, you have the following data protection rights:

    • The right to access, update or delete the information we have about you. You can access, update or request the deletion of your Personal Data directly within your account settings section. If you cannot perform these actions yourself, please contact us to assist you.

    • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

    • The right to object. You have the right to object to our processing of your Personal Data.

    • The right of restriction. You have the right to request that we restrict the processing of your personal information.

    • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

    • The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your personal information.
      ​
      Please note that we may ask you to verify your identity before responding to such requests.
      
      You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA). 
       

72. Contact Information for Complaints or Concerns
    If you have any complaints or concerns about the Company or this privacy statement, please contact us via email at connect@toughmonkey.ca
    
    Information you provide via general e-mail inquiries to the Company, such as your e-mail address, is used only to respond to your inquiries in the ordinary course of business and is never shared with third parties.
    
    If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with your national data protection authority.
     

73. Security/How Your Personally Identifiable Information Is Protected
    Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative, and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the Internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
     

74. Personal Data
    The Company may process your Personal Data because:

    • We need to perform a contract with you

    • You have given us permission to do so

    • The processing is in our legitimate interests, and your rights do not override it

    • For payment processing purposes

    • To comply with the law
       

75. Retention of Data
    The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
    
    The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
     

76. Transfer of Data
    Your information, including Personal Data, may be transferred to — and maintained on — computers outside your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
    
    If you are located outside Canada and choose to provide information to us, please note that we may transfer the data, including Personal Data, to Canada and process it there.
    
    By continuing to use the Company Site and Service, you consent to this Privacy Policy, followed by submitting any information including, but not limited to, Personal Data, representing your agreement to that transfer.
    
    The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of your data and other personal information.
     

77. Disclosure of Data

    1. Disclosure for Law Enforcement
       Under certain circumstances, The Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (for example, a court or a government agency).

    2. Legal Requirements
       The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

       • To comply with a legal obligation

       • To protect and defend the rights or property of the Company

       • To prevent or investigate possible wrongdoing in connection with the Site and/or Service

       • To protect the personal safety of users of the Site and Service or the public

       • To protect against legal liability
          

78. Security of Data
    The security of your data is important to us. Remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
     

79. "Do Not Track" Signals
    We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting your web browser's Preferences or Settings page.
     

80. Analytics
    We may use third-party Service Providers to monitor and analyze the use of our Service.
     

81. Google Analytics
    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
    
    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
    
    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
     

82. Advertising
    We may use third-party Service Providers to show advertisements to you to help support and maintain our Company, Site, and Service, including but not limited to, Meta-Facebook Pixel and Conversion API.
    
    For more information on the privacy practices of Meta and Facebook, please visit the Facebook Privacy & Terms web page:
    https://www.facebook.com/privacy/center/
     

83. Google AdSense & DoubleClick Cookie
    As a third-party vendor, Google may use cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Site and Service or other websites on the Internet.
    
    You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/
     

84. Payments
    We may provide paid products and/or services within the Site and Service. In that case, we use third-party services for payment processing (for example, payment processors).
    
    We will not store or collect your payment card details. That information is provided directly to our third-party payment processors, whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
    
    The payment processors we work with are Stripe and Wix Payments. We are also a registered Amazon Affiliate and receive commissions on sales we refer there.
    Their Privacy Policies can be viewed at:
    https://stripe.com/en-ca/legal/privacy-center
    https://www.wix.com/about/privacy
    https://www.amazon.ca/gp/help/customer/display.html?nodeId=918814&ref_=footer_privacy
     

85. Links to Other Sites
    Our Site and Service may contain links to other sites we do not operate. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review every site's privacy policy. We have no control over and assume no responsibility for any third-party sites or services' content, privacy policies or practices.
     

86. Changes to This Privacy Policy
    We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. If possible, we will inform you via email and/or a notice on our Site before the change becomes effective and update the "effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. This Privacy Policy changes are effective when posted on this page.
    
    
    Emergencies
     

87. By continuing to use the Site and Services, you agree that if you experience (or appear to be experiencing) a medical emergency during any Company Service, you will let us know in the chat or by voice audio, and we will do our best to assist you and contact emergency services and your emergency contact for you.

    • If this occurs during a live virtual Service, and no one is at your residence to help you, try to let us know in the chat or by voice audio so that we can try to assist you and contact emergency services and your emergency contact for you.

    • You agree and understand that if you turn your video off during a live virtual Service, we will not be able to see you to help you unless you let us know in the chat window, which we may not notice in time.
       

88. For International users, you agree to provide the non-emergency number (including country and area code) for Police services in the city/town where you reside. You also agree and understand that depending on where you live, we may be unable to connect to 911 in your area.
     

89. You understand that in the unlikely event of an emergency during a live-stream session, all recording and instruction will stop so we can deal with the emergency. You will not lose any credit for the class. We appreciate your understanding and know you would want help if needed. This class recording will also not be posted.
    
    
    Purchase Policies
     

90. By selecting and completing any purchase for auto-recurring subscriptions for any Company Service, you authorize the Company to charge your credit card on the date of purchase and the scheduled term (for example, monthly, every three or six months) thereafter at the then-current price, plus applicable tax, unless you cancel. You can cancel anytime by going to your ‘My Subscriptions’ page after login and selecting the cancel subscription option.
     

91. If you choose to purchase any products, goods, and Services made available through the Site (referred to as "Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card information, verification of age for access to Services, your billing address, and your shipping information.
     

92. You represent and warrant that:

    • You have the legal right to use any credit card(s) or other payment methods in connection with any Purchase, and that

    • The information you supply to us is true, accurate, and complete.
       

93. The Service may employ third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
     

94. We reserve the right to refuse or cancel your Purchase at any time for any reason, including but not limited to product or Service availability, errors in the description or price of the product or Service, errors in your order, or other reasons.
     

95. We reserve the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to report this situation to local authorities.
     

96. By clicking “Buy Now,” “Subscribe Now,” “Checkout,” or any other phrase used on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with the Services by the Company, including any additional separate Terms of Purchase Agreements provided at purchase.
     

97. All listed prices on the Site do not include applicable taxes.
     

98. Discounts and coupons cannot be combined with any other discount, coupon, offer, or promotion.
     

99. Service options may include limited sessions to access Services for the period specified (such as three or six months). Services are only valid for the term purchased from the date of purchase, after which unused sessions expire, do not carry over to the next month, period, or year, and are not refundable.
     

100. Some Services may be for new members only. You acknowledge and confirm that you will only purchase these services once for yourself and any child/minor you are a parent and/or legal guardian. You acknowledge and confirm that if you breach this policy in any way, all Services may be terminated without refund.
      

101. All Company Services give the registered member access to the Site and Services and cannot be shared with another person.
     
     
     Return Policies for Products and Goods
      

102. Products and goods purchased from the Company Site that arrive damaged or defective may be exchanged with an equivalent product or good upon approval. Once approved, a store credit will be issued for the amount paid to be used in the Site store for a replacement item.

     • To initiate an exchange, please email clear proof of damage or defect via digital photos and proof of purchase within 14 days of the purchase date to: connect@toughmonkey.ca. Exchange request emails will be reviewed before approval.
       ​

103. You may return any undamaged product or good by shipping it (at your expense) with its included accessories and packaging along with the original receipt (or gift receipt). You must contact us within 14 days of receiving the product or goods to receive shipping instructions. Once received, you may exchange for the equivalent purchase value at the time of sale or receive a refund based upon the original payment method.
      

104. Product exchange requests received after 14 days will be reviewed for approval on a case-by-case basis. The Company may be using a print-on-demand drop ship service vendor, so it will need to be determined at that time how that vendor processes exchanges. Sometimes, you may be requested to return the item at your expense before issuing the credit. In these situations, the credit will be issued upon receipt of the damaged or defective product.
      

105. Gift card purchases are not refundable and do not expire.
     
     
     Service Payment Cancellation Policy
      

106. All Services paid in full have no cancellation or refund option and expire after the term purchased from the date of purchase.
      

107. All Services purchased as monthly auto-recurring subscriptions from the Company may be cancelled at any time, and you acknowledge and agree that to complete this cancellation, there may be an administrative fee.
      

108. No further payments will be incurred for all Services once cancelled. To cancel, access your account profile settings and complete the cancellation. Members' access to the Site and Services will be terminated upon receipt of the cancellation after your scheduled term ends. Contact us for assistance if you have any issues trying to do this.
     
     
     Booking Policy
      

109. If a booking system has been implemented by the Company for the Services, to attend a live-streamed virtual online Service, you may be required to book and schedule it in advance through the automated booking system on the Site.
      

110. Services may be booked up to 24 hours before a Service starts unless otherwise noted in the Service description. After this time, the Service will be closed for further booking.
     
     
     Cancellation and Rescheduling Policy
      

111. If the automated booking system is implemented, cancellation of a booked Service needs to be received no later than 60 minutes before the start time. The system does not permit rescheduling after this time, and the session will be marked as used.
      

112. All situations may be reviewed case-by-case at the member's request by emailing connect@toughmonkey.ca. Frequent repeat occurrences may impact Services.
      

113. We reserve the right to update this policy at any time without notice. Thank you for your understanding and cooperation
     
     
     Intellectual Property
      

114.  The Site and Services contain intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property, as well as all Company names, logos, designs, text, graphics, photographs, audio, videos, podcasts, other files, and the selection and arrangement thereof.
      

115. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent obtained from an officer of the Company. We reserve the right to immediately remove you from the Site and Services, without a refund, if you are caught violating this policy.
     
     
     Availability, Errors, and Inaccuracies
      

116. We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and advertising on other websites or social media pages.
      

117. The information on the Site and Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site. We cannot guarantee the accuracy or completeness of any Site or Services information.
      

118. We, therefore, reserve the right to change or update information and correct errors, inaccuracies, or omissions on the Site without prior notice. Therefore, you are bound by any such revisions and should periodically visit this page to review the then-current Terms and Conditions.
     
     
     Contests and Promotions
      

119. Any contests or promotions (referred to as "Promotions") made available through the Site and Services may be governed by additional rules in addition to the Terms and Conditions.
      

120. If you participate in any Promotions, please review any applicable rules. If the specific rules for a Promotion conflict with the Terms and Conditions, those rules specific to the Promotion will apply unless otherwise stated.
     
     
     Price Changes
      

121. The Company, in its sole discretion and at any time, may modify the prices for any product or Service on the Site without notice.
      

122. The Company, in its sole discretion and at any time, may modify the subscription prices. Any subscription Service price change will become effective at the end of the then-current billing cycle.
      

123. If possible, the Company will provide reasonable notice of any price change to allow for the cancellation of your membership before such change takes effect.
      

124. Your continued use of the Site and Services after any price change comes into effect constitutes your agreement to pay the updated prices.
     
     
     Exclusions
      

125. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.