Terms and Conditions

Last updated: December 21, 2023

These Terms and Conditions of Use (the “Terms of Use”) applies to the use of the GoGet.Fit mobile application (the “GoGet.Fit App”) and the GoGet.Fit Professional Portal (the “GGF ProPortal”). The GoGet.Fit App and the GoGet.Fit Proportal are collectively referred to as the GoGet.Fit Platform (the “GGF Platform”). The GoGet.Fit App offers users a streamlined and efficient means of accessing and exchanging information pertaining to their personal health and fitness endeavors. This is facilitated through the GGF ProPortal, a centralized content-sharing communication platform specifically designed for individuals committed to adopting new health behaviors. The Terms of Use applies to all users including all participants who are exercisers, health care professionals, education professionals, and physical fitness professionals. This Terms of Use explains how information relating to the GGF Platform is collected, used, and protected. The GGF Platform is committed to remaining in compliance with all laws, rules, and regulations.

As a user of the GGF Platform, you agree to be bound by the following Terms of Use. If you do not agree to the Terms of Use, do not access or use the GGF Platform.

1. Acceptance of Terms

You are granted a limited, gratuitous, and revocable, non-exclusive license to view, access, and use the GGF Platform subject to your unconditional acceptance of and compliance with these Terms of Use. By accessing or using the GGF Platform you are agreeing to and accepting the Terms of Use. 

The GoGet.Fit App makes use of Google Maps features and content. By accessing these specific features in the GoGet.Fit app you are further agreeing to be subject to the Google Privacy Policy found at https://www.google.com/policies/privacy/

 2. Modification of Terms of Use and the GGF Platform

We reserve the right to modify these Terms of Use at any time without prior notice by posting such modifications on the GGF Platform. Your continued access or use of the GGF Platform after such modifications have been posted indicates your acceptance of an agreement to be bound by these Terms of Use as modified.

 The GGF Platform and services provided to you on and through the GGF Platform are provided on an “As Is” basis. You agree that the GGF Platform exclusively reserves the right to modify or discontinue provision of the GGF Platform and its services, and to delete the information you provide, either temporarily or permanently. The GGF Platform shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any information.

3. Linked Sites and Social Networking

Certain links on the GoGet.Fit App may lead to other websites (“Linked Sites”). The Linked Sites are maintained by independent parties over which the GGF Platform has no control. The contents of each Linked Site should be used in compliance with the terms of use stated therein. This includes social networking sites whose content is partially or entirely contributed to by the GGF Platform.

The GGF Platform makes and gives no representations, guarantees, conditions or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available therein. The GGF Platform disclaims all liability and responsibility for the content of the Linked Sites. Furthermore, any link to a Linked Site should not be construed as a suggestion, recommendation, or encouragement by the GGF Platform of that third party website, or as an endorsement of the products, services, or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between the GGF Platform and the party running the third-party website. Nothing in these Terms of Use grants you any rights or authorizations with respect to any Linked Sites. Any personal information about you or any other individual collected, used, or disclosed by or in connection with the Linked Sites will be subject to the privacy policies of the owners or operators of such Linked Sites, and not the GGF Platform.

4. Your Responsibilities

In order to use the GGF Platform you may be required to sign up and log in. In this case, you agree to provide truthful information when requested. By registering you explicitly agree to the GGF Platform’s Terms of Use and Privacy Policy, including any amendments made by the GGF Platform from time to time.

You agree that the GGF Platform may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, messages, push notification, phone, or otherwise through the contact information associated with your account. 

Before accessing and using the GoGet.Fit App, you agree to obtain medical clearance from a licensed medical physician. In addition, you agree to obtain medical clearance from a licensed medical physician whenever your state of health, exercise experience, or medical symptoms change or are modified in any way.

You agree that the use of the GoGet.Fit App does not in any way replace the need for regular consultation with and advice from a licensed medical physician and other health care and physical fitness professionals. All information provided through the GoGet.Fit App is subject to regular visits to and communication with a licensed medical physician, particularly where your health condition, status, symptoms, or experience has been altered, changed, or affected. If you use the GoGet.Fit App without medical clearance and regular consultations with a licensed medical physician, you access or use the GoGet.Fit App at your own risk.

The responsibilities and agreement terms for parents or guardians regarding their child's activities outside of school. These Terms of Use assert that the parent or guardian assumes full responsibility for ensuring the safety of their child and any others involved in the activities. The parent or guardian also agrees not to hold the school district, its employees and staff, or GoGet.Fit legally responsible for any outcomes arising from these activities.

Furthermore, it specifies that by registering, the parent or guardian explicitly agrees to adhere to the GGF Platform's Terms of Use and Privacy Policy, which may be amended by the platform over time. It emphasizes that accessing or using the GGF Platform implies acceptance of these terms, and individuals who do not agree are not to proceed with accessing or using the platform.

5. Minors

Persons under the age of thirteen (13) may not register to use the GoGet.Fit App unless Persons under the age of thirteen have parental / guardian / authorized educator consent to register to use the GoGet.Fit App in the education setting.

6. Privacy

We are committed to the protection and security of your privacy and personal information. Please refer to our Privacy Policy, which is incorporated herein by reference.

7. LogIn and Passwords

You are wholly responsible for maintaining the confidentiality of your password and will be responsible for any and all usage of your user account and/or username, whether authorized by you or not. You agree to immediately notify the GGF Platform of any unauthorized use or your user account, username, or password.

8. Your Conduct

You agree that all content, including, but not limited to information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials, made available to the GGF Platform shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that the GGF Platform may expose you to content that may be objectionable or offensive. The GGF Platform shall not be responsible to you in any way for the content that appears on the GoGet.Fit App, nor for any error or omission.

By using the GGF Platform, or any services provided thereby, you explicitly agree that you shall not:

  • Provide any content or conduct yourself in any way that may be or may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt the GGF Platform, or any service provided therein; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law;

  • Impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

  • Collect or harvest any data about other users, except as provided for in the GGF Platform; 

  • Provide or use the GGF Platform for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the GGF Platform’s prior written consent;

  • Provide any content that may give rise to civil or criminal liability of the GGF Platform, or that may constitute or be considered a violation of any local, national, or international law, including, but not limited to, laws relating to intellectual property including copyright, trademark, patent, or trade secrets;

  • Post, transmit, link to or otherwise distribute any materials, information, or content constituting, advocating, or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use the GGF Platform in a manner which is contrary to law or would serve to restrict or inhibit any other person from using or enjoying the GGF Platform;

  • Defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of others, including, but not limited to rights relating to privacy and publicity; and

  • Post, transmit, link to, or otherwise distribute any information, materials, or content, including, for greater certainty, software, which contains a virus, cancelbot, Trojan horse, worm, or other harmful or disruptive component. 

9. Submission of Content on the GGF Platform

You may access the GGF Platform solely for your own personal use. You must not use any content on the GGF Platform for any commercial or illegal purpose.

By submitting material to the GGF Platform you acknowledge that the information may be copied, modified, or distributed in any manner that the GGF Platform shall determine. You will indemnify the GGF Platform if any third party takes action in relation to the information you provide.

You must not cause any nuisance, annoyance, or inconvenience to the GGF Platform or other users of the GGF Platform.

You must not submit any information or material which is defamatory, offensive, menacing, or obscene to the GGF Platform or which may cause nuisance, annoyance, damage or offense , or inconvenience to the GGF Platform or any other person or which is illegal. The GGF Platform may remove such material from the GGF Platform at any time without notice to, or consent by, you.

The GGF Platform reserves the right to suspend the GGF Platform at any time for operational, regulatory, legal, or other reasons. The GGF Platform may terminate your use of the GGF Platform with immediate effect if you breach any of these Terms of Use at the GGF Platform’s discretion.

10. Intellectual Property

The GGF Platform and its contents are protected by intellectual property rights, including copyright and trademarks. Except as expressly authorized, you agree not to disclose, copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, or create derivative works of any content of the GGF Platform, in whole or in part.

11. Disclaimers, Limitations of Liability and Indemnification

You agree to indemnify and hold harmless the GGF Platform and the GGF Platform’s subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any and all claims or demands, liabilities, damages, demands, losses, or expenses, including reasonable legal fees, that may be made by any third party, due to or arising out of your conduct or connection with the GGF Platform or service, your provision of content, your violation of these Terms of Use, or any other violation of the rights of another person or party.

In no event shall the GGF Platform be liable for any indirect, consequential, incidental, special, compensatory, aggravated, exemplary or punitive damages; damages for economic loss, loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property, or failure to realize expected revenues, savings or other results of any kind; claims of third parties; or, other pecuniary loss, arising out of or related to these Terms of Use, the Privacy Policy, the GGF Platform, or any Linked Site. Nonetheless, in no event will the cumulative liability of the GGF Platform arising out of or related to these Terms of Use exceed CDN $10.00.

Your use of the GGF Platform is at your sole risk. The GGF Platform is provided on an “As Is” and “As Available” basis and it is not guaranteed that the GGF Platform will be suitable for your purposes or requirements. If your mobile device or computer do not support relevant technology including encryption, you may not be able to use certain services or access certain information on the GGF Platform. The content of the GGF Platform has been compiled from a variety of sources and is subject to change without notice. The GGF Platform uses reasonable care in compiling and presenting the content of the GGF Platform, but gives no guarantee that the content is complete, accurate, error or virus free, or up to date. So far as permitted by law, the GGF Platform disclaims all warranties, conditions, and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.

The downloading, reading, and review of material from the GoGet.Fit App is done solely at your own risk. The GGF Platform does not guarantee or warrant that such materials are free of viruses or other destructive code or content of any kind. You are responsible for implementing safeguards to protect your computer system and data and you are solely responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of the GGF Platform or any Linked Site.

All information provided by health care, education and physical fitness professionals on the GGF Platform is intended to be for general purposes only, and is in no way a substitute for professional medical diagnosis or treatment, a licensed medical physician, or in-person health care interactions and reliance on any information provided by or through the GGF Platform is solely at your own risk.

The GoGet.Fit App is designed to support the healthy and / or active lifestyle choices that you make. These decisions and choices are yours, and you are the best decision maker about your health. The decisions you make regarding your exercise and lifestyle should be made in connection with the advice you receive within a formal physician-patient relationship. The information and recommendations made through the GGF Platform are in support of existing in person physician-patient relationships, but do not replace the need for in-person health care interactions. You agree not to use the GoGet.Fit App as a substitute for a licensed medical physician or in-person physician visits.

The use of the GoGet.Fit App does not guarantee physical results including, but not limited to, weight loss, improved health, or improved or eliminated medical symptoms. You agree to immediately contact a licensed medical physician for an in-person health care interaction if you experience any change in your symptoms or general health. If you do not immediately contact a licensed medical physician and inform him or her of the recent changes in your health, you must discontinue the use of the GoGet.Fit App, and your continued use of the GoGet.Fit App, in violation of these Terms of Use, is done solely at your own risk. You agree to never disregard professional medical advice or delay seeking medical advice or treatment based on the information and recommendations provided through and on the GoGet.Fit App.

Call 911 (or your local emergency service) or a licensed medical physician immediately if you believe you may or do have a medical emergency.

12. GGF Platform Professionals

The professional users on the GGF Platform include licensed medical physicians, personal fitness trainers, educators, and other health care and physical fitness professionals (the “Professionals”). All GGF Platform Professionals are required to register with and use their real name, and professional contact information. You consent to the GGF Platform’s use on or in connection with the GGF Platform of your name, and other personal information provided by you to the GGF Platform or publicly available about you.

Professionals whose licenses or other certifications are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting content to the GGF Platform as a Professional, on the GGF Platform. Similarly, Professionals who are or become the subject of disciplinary action as a result of their professional duties, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting content to the GGF Platform as a Professional, on the GGF Platform.

The use of the GGF Platform by Professionals does not remove the liability of individual Professionals in their professional capacity and the advice or recommendations provided by another Professional through the GGF Platform is not to be relied upon in fulfilling your professional responsibilities through the GGF Platform or otherwise.

Any opinions, advice, or information expressed by Professionals using the GGF Platform including, but not limited to your licensed medical physician, personal fitness trainer, or other health care, or education professional, are those of the individual and the individual alone and such opinions, advice, or information does not reflect the opinions of the GGF Platform. The inclusion of Professionals on the GGF Platform or in any personal directory on the GGF Platform does not imply recommendation or endorsement of such Professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Professional contained therein.

The opinions, advice, and information provided by the Professionals is provided on an “As-Is” basis and the GGF Platform disclaims all warranties, either express or implied, and the GGF Platform shall in no event be liable to you or to anyone for any decision made or action taken by any party in reliance on information about or from Professionals on the GGF Platform.

13. Jurisdiction and Governing Law

The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the GGF Platform and the interpretation of these Terms of Use. The courts of the Province of Alberta, without regard to their conflicts of law’s provisions, shall have exclusive jurisdiction over any dispute arising out of your use of the GGF Platform. Regardless of your physical location, residence, or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta.

14. Entire Agreement

These Terms of Use, any and all other notices, policies, and statements contained on the GGF Platform constitute the entire agreement between the GGF Platform and you. These Terms of Use cannot be modified except as described elsewhere herein. These Terms of Use supersede any prior communication with you inconsistent with these Terms of Use. 

15. No Waiver

No waiver of any of these Terms of Use, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition.

16. Severability

If, in any jurisdiction, any part of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, such part of these Terms of Use shall be restricted or eliminated to the minimum extent necessary and the remaining Terms of Use shall otherwise remain in full force and effect. 

17. Procedure for Making Claims of Copyright Infringement

We expect users of the GGF Platform to respect the intellectual property rights of others. If you believe in good faith that any of the content on the GGF Platform infringes your copyright, please provide our copyright agent the written information specified below.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the GGF Platform;

  • Your address, telephone number and email address;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

  • A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of copyright infringement can be reached as follows:

info@gogetfit.com

18. Inactive user accounts

GoGet.Fit will close all accounts that have been inactive for a period of one year. Client accounts are considered inactive if they have failed to schedule activities in that time.

Inactive Pros are periodically removed at the start of every quarter. (ie. on January 1, April 1, July 1, October 1, or soon thereafter) A Pro account is considered inactive if all of their Clients are inactive for a year or more.