Terms and Conditions

The conditions of use (the Conditions) govern the use of all Fabrik8 websites (the Company), as well as all operations carried out online on one of them (the Services).

Browsing one of its websites implies, on the one hand, that the user agrees to abide by the Terms, and on the other hand, that he consents to the content of the Privacy section and any changes that may be made from time to time. Refusal to consent to either of these implies that the user will refrain from using the Company's Services.

The Company reserves the right to modify the Terms at any time and without notice, as well as the content of the Privacy Policy section, by publishing them directly on this Web site or by notifying users.

Protection of personal information

The Company attaches fundamental importance to the protection of personal information collected by it, or communicated to it from time to time, by any person with whom it does business. Given the confidential nature of such information, the Company is committed to implementing all necessary security measures to ensure its protection, in accordance with applicable legislation. Please refer to our Privacy Policy below.

Proprietary rights

Unless otherwise specified, the contents of all Company websites, including all text, data, graphics, photographs and images, software (including, without limitation, calculator software) and all trademarks, service marks and trade names used therein, as well as the selection and arrangement thereof (the "Content"), are subject to intellectual property rights, including, without limitation, copyrights, trademarks and patents owned by or licensed to the Company.

Except as expressly provided herein, no license to use or reproduce the Content is granted to users of the Company's websites, and all intellectual property rights in the Content are expressly reserved.

Company names and logos used on these Web sites may be the subject of trademarks (including registered trademarks) owned by the Company. These may not be copied, imitated or used, in whole or in part, other than in accordance with the standards provided. Mention of other product names and company names on the Company's Web sites may also constitute trademarks belonging to owners other than the Company.


Any other use of information posted on the Company's Web sites is strictly prohibited. You may not print or copy the HTML code or any other computer programs available for viewing on the Company's Web sites.

No right, title or interest in any information or software is transferred to users as a result of any downloading or copying. Except as expressly provided, you may not reproduce, publish, transmit, distribute, perform, display, modify or create derivative works from, sell or participate in any sale of, or exploit in any way, all or any part of the Content and/or the Company's Web sites.

Reliability of Content

The Company undertakes to take all necessary measures to ensure that the Content of its websites is as reliable as possible. Nevertheless, it may contain inaccuracies and typographical errors.

The Company makes no representations or warranties, and assumes no liability, as to the availability, accuracy, completeness, suitability or reliability of the Content, services or information reproduced on its Web sites, or as to the information received by the Company or users of its Web sites in connection with any online transaction. The Company has sole discretion to correct any errors or omissions on its Web sites.

THE CONTENT, SERVICES AND INFORMATION REPRODUCED ON THE WEBSITE ARE PROVIDED "AS IS" AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS, IMPLIED OR ARISING BY LAW OR USAGE OF TRADE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Links to other sites and third-party content

This Web site may, from time to time, contain documents, data or information supplied, posted or offered by third parties. The Company assumes no responsibility for such documents, data or information.

Furthermore, the Company assumes no responsibility for the content or information found on any Web site to which a hyperlink is provided. These other websites are subject to their own conditions and policies, and the user assumes all risks associated with browsing them.

The Company cannot be held responsible for any damage suffered by anyone in this regard.

Jurisdiction

The Terms shall be governed by and construed in accordance with applicable provincial and federal legislation. Any dispute, controversy and/or claim relating to the Company's Web sites and services shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

Service Rules

Guidelines

Users who access the Services in order to carry out an online transaction are subject to the following specific guidelines: it being understood that the Company reserves the right to modify them at any time, without prior notice. We therefore recommend that you consult them regularly.

Access

The use of an access card is required to enter the sports center and is reserved exclusively for authorized holders (users). It is understood that the sports center includes various facilities such as the sports arena (e.g. skating rink, basketball court, etc.), the outdoor sports area, the indoor weight room and the classrooms. In the event of fraudulent use, access will be revoked without refund. Each user acknowledges and accepts that loss or damage to the access card will incur replacement costs. Acceptance of the rules and regulations is compulsory for all users, bearing in mind that any person entering the sports center is considered a user (for example, persons accessing the sports center who are not members of the club).

Maintenance of facilities and equipment

The sports center manager is committed to ensuring proper maintenance of the facilities and equipment in order to guarantee a safe environment for all users. This may result in temporary interruptions to services or access to specific areas or equipment within the sports center.

Opening hours

The User undertakes to observe the opening hours, which may be subject to change without notice by the sports center manager. All Users must respect the established time slots and make reservations to take part in any activity offered by the sports center. It is the responsibility of each User to register for activities offered by the sports center via the Fliip application or the manager's website, where applicable.

Respect and hygiene

The User undertakes to :

  • Respect the instructions of the staff and representatives of the sports center manager.
  • Use language that is respectful of all.
  • Refrain from aggressive, hostile or threatening behavior, as well as physical or verbal aggression, under any pretext.
  • Return equipment to its proper place after use.
  • Arrive on time for group activities.
  • Maintain proper personal hygiene.
  • Use a clean towel in the sports center.
  • Clean equipment/benches after use with the spray bottle.
  • Do not bring drinks or food into the sports center, with the exception of sports drinks and water in a resealable, unbreakable bottle; glass containers are forbidden.

Dress code

Sporting attire must be worn at all times when accessing the sports center facilities. This includes a t-shirt, tracksuit, exercise tights and appropriate sports shoes. Outdoor shoes are not permitted inside the sports center.

Changing rooms

Changing rooms are compulsory. Users must leave their bags (including training bags), coats and boots in the locker room, avoiding leaving valuables. Users must vacate their lockers after each activity, it being understood that lockers are for daytime use only. Lockers must be locked when in use. The sports center manager reserves the right to cut locks without notice or compensation.

Lost and found

Lost and found will be held by the Sports Centre Manager's staff for a period of one month, after which it may be disposed of without notice. It is understood that the sports center manager declines all responsibility for such items.

Trainers

Private training sessions in the sports center are reserved exclusively for private trainers authorized and certified by the sports center manager. The use of a trainer from outside the sports center manager's team is strictly forbidden and may result in the temporary or permanent exclusion of the participant.

Sports field

The following provisions govern the use of the sports field:

Accompanying persons under the age of 12: All persons under the age of 12 must be accompanied by an adult.

All users of the sports hall must arrive 30 minutes before the start time of the reservation in order to have access to the room, if applicable.

Users must leave the building no later than 20 minutes after the end of the reservation.

In the case of reservations made via the website, the person making the reservation is responsible for all members of the group accompanying him/her and for their actions during their presence on the sports complex and in the building.

He/she undertakes to pass on the Rules and Regulations to any member of the group who enters the building.

It is strictly forbidden to :

  • Sitting on the edge of the belt.
  • Drink, eat, chew gum or smoke on the sports field.
  • Bringing alcohol from outside.
  • Throwing objects on the ice.
  • Be on the ice while the ice resurfacer is in operation.


Wearing protective equipment

It is mandatory to wear the protective equipment necessary for the safe practice of the sport (helmet, visor, protectors, etc.).

The manager of the sports center reserves the right to interrupt or cancel a reservation if the employee in charge considers that the players' protective equipment does not comply with safe practice of the sport.

Any failure to comply with these rules by one or more individuals participating in the activity will result in immediate cancellation of the reservation, with no possibility of refund.

Payment

Payment of sports field rental:

Pay the full rental amount at the time of booking on the transactional platform used by the sports center manager.

The reservation can be modified if the user contacts the manager within 7 days of the reservation date. The reservation can then be moved to a later date during the current season. After this deadline, the reservation cannot be changed.

The sports center manager reserves the right to postpone a reservation in the event of bad weather, equipment breakdown or any other situation affecting personal safety or the quality of the facilities, including the ice.

A credit will be issued and applied to a future reservation within a maximum period of 12 months.

As the sports arena is an uncovered outdoor arena, the temperature may vary during the booking period.

This does not entitle you to postpone your reservation. The decision will be taken by the manager if the conditions affect personal safety.

Payment for sports hall purchases, ice rink bookings and room rentals is by credit card only, directly on the booking platforms used by the manager.

Reservations for the multisport field, ice rink, room rentals and other gym-related purchases are non-refundable, non-transferable and non-cashable.

Reservations for the multisport field, ice rink and room rentals may be modified if the User contacts the manager at least 7 days before the reservation date. The reservation can then be moved to a later date during the season (sports center/skating rink) or the current year (halls).

 

Acceptance

The User acknowledges that the rights granted to the User under these terms and conditions may not be assigned or transferred. The User has read, understands and accepts the provisions of these conditions on limitation of liability and the regulations of the sports center manager and building owner. Failure by the User to comply with the Regulations may constitute grounds for restricting or prohibiting access to the sports center and/or to one or more activities offered by the sports center manager. Repair costs will be charged in the event of damage or breakage caused by a deliberate act of vandalism or extreme negligence on the part of any User. The Conditions and any other guidelines or rules are subject to change without notice, and the User agrees to comply with any future updates.

Harassment

Our company is committed to maintaining a professional and respectful sales environment for all customers and employees, strongly condemning all forms of harassment. Harassment is defined as behavior intended to create an intimidating, hostile or offensive atmosphere, undermining a person's dignity or reputation. This includes inappropriate comments, unwanted sexual advances, threats, insults, racist or sexist remarks, or any other harmful behavior.

In the event of proven harassment of our employees by a customer, our company reserves the right to take appropriate action, including immediate termination of the sale and future prohibition of purchase from us. Employees are encouraged to report any incidents of harassment to a supervisor or to management, and we treat such reports seriously to ensure the safety and well-being of all.

Limitation of liability

The User acknowledges and agrees that by using the fitness facilities and equipment, or registering for classes and activities offered by the Sports Centre Manager, participation is voluntary and at the User's own risk, in accordance with the provisions set forth in the Terms. While the Sport Centre Manager's employees, trainers and subcontractors make every effort to minimize exposure to known risks, it is recommended that each User consult his or her physician before participating in any class, sporting activity, or using the fitness equipment and facilities.

The manager of the sports center declines all responsibility for physical damage resulting from the use of its equipment and facilities or from participation in an activity, thus discharging all liability in the event of injury.

The User assumes full responsibility for all damages and fully releases the Sports Center Manager, the building owner, and their officers, directors, agents, employees, instructors, subcontractors and other representatives from any and all present or future suits, claims, demands, actions or causes of action arising out of the use of the equipment and facilities.

Neither the sports center manager nor the owner is responsible for the destruction of or damage to property belonging to or in the possession of the User, and assumes no liability in the event of accident, theft or vandalism.

The manager of the sports center reserves the right to interrupt or cancel any event likely to degenerate into disorder, without any compensation being due to the User.

User declaration and undertakings

The user of the Services undertakes to act diligently and with discernment, in compliance with the Conditions and applicable legislation.

Changes

The Company reserves the right to modify or discontinue, temporarily or permanently, the Services, in whole or in part, at any time, without notice.

The Company shall not be held liable for any damages whatsoever arising from any temporary or permanent modification or interruption of the Services.

Entire

The Terms constitute the entire agreement between the user of the Websites and the Company with respect to the use of the Services and the Content, and supersede any prior agreement in this regard.

Termination

The Company reserves the right to withdraw, in whole or in part, access rights to the Services if it has good reason to believe that the user is in breach of the Terms.

Any withdrawal of access to the Services carried out in accordance with the present Conditions shall be carried out without prior formal notice.

The Company may not be held liable for any damage whatsoever arising from the withdrawal of access to the Services.

Limitation of liability

To the extent permitted by law and without limiting the specific cases of limitation of liability mentioned above, the Company cannot be held liable for any damages whatsoever that may be related, directly or indirectly, to these Web sites, the Content and the Services.

This includes, but is not limited to, their access, use or inability to use them, their modification, temporary or permanent interruption, breach of the Terms, inaccuracy of the Content or loss of data or information, even if the Company has been previously advised of the possible occurrence of damage.

Politique de protection des renseignements personnels (PRP)

  • The information we collect and how we use it

 

We collect your name, address, e-mail address, telephone number, bank details, etc.


The Company may also collect information when you visit our websites, including the identifier of the computer equipment you are using (IP address).

 

  • Your consent

 

The Company aims to be transparent and to clearly inform you at the time of collection of the uses to which your personal information will be put so that your consent is evident.


You may withdraw your consent to the use of your personal information for purposes that are not essential to the management and administration of your products and services, such as providing you with targeted advertising and surveys.

 

  • Safety

 

Although the Company uses security measures to protect your personal information and reduce the risk of a breach, there is always a risk.


There is no guarantee that your personal information will not be compromised in the event of a breach of our security measures. If you have reason to believe that personal information has been compromised, please contact the Privacy Office.

  • Your rights

 

You may consult the personal information that the Company has collected about you, verify its accuracy and amend it if necessary by addressing your request to the Privacy Officer, whose contact details are given below.

 

  • Contact details for the PRP manager

The Privacy Officer is responsible for ensuring the protection of personal information within the Company. Her coordinates are

  • 7236 Waverly Street, Suite 302, Montreal, QC H2R 0C2
  • pafernet@fabrik8.ca

 

 

What personal information do we collect?

The Company only collects personal information that is necessary for the purposes of its activities, including information relating to your identity, such as your name, address, information required in the event of an investment by an individual and information relating to the use of our website.

Why do we collect your personal information?

The Company collects and discloses your personal information for the purposes to which you have consented or as permitted by law. The purposes for which the Company collects your personal information are identified at the time of collection. You may request this information at any time.

The following are examples of the purposes for which the Company collects your personal information:

  • To validate your eligibility for our products and services
  • To manage your products and services
  • To confirm your identity, verify the accuracy of your personal information and update it
  • Meet our legal and regulatory obligations
  • Communicate with you by telephone, mail or e-mail
  • Manage our websites and online services, establish trends and statistics relating to their use, evaluate their performance and improve our services
  • Personalize and adapt the browsing experience to your needs


How is your personal information collected?

  • Directly from you

Most of the personal information we collect is that which you provide directly to us, such as when you :

  • Contact us (in person at a point of service, by telephone, e-mail, etc.)
  • Make specific requests to the Company (additional subscription, redemption request, etc.).
  • Provide feedback by e-mail.

 

  • From third parties

The Company may also collect your personal information from third parties with your consent or if authorized by law to do so.

  • Through our Web site and online services

The Company may also collect information when you visit our Web sites, including the identifier of the computer equipment you are using (IP address). An Internet Protocol (IP) address is an identifier or electronic address assigned to devices by the user's Internet service provider. It indicates the source and destination of data.

The Company and some of its advertising network partners may also collect other information concerning the use of its Web site, through the use of cookies. These files make it possible to recognize users of our site when they access it and when they move from one page to another. Where required, the Company will seek your consent before collecting this information.

Under what conditions may we collect, use and disclose your personal information?

The Company collects, uses and communicates your personal information only with your consent in accordance with applicable requirements, or without your consent in certain cases provided for by law, for example, in the context of criminal prosecution.

When and how can you withdraw your consent?

You may withdraw your consent to the use of your personal information by the Company for purposes that are not essential to the management and administration of the Company.

Any request to withdraw consent should be communicated to the office of the Privacy Officer whose contact information can be found in the question above.

To whom is your personal information disclosed?

Your personal information is accessible only to Company managers who require access in the course of their duties.

The Company may disclose your personal information to partners or service providers in the performance of contracts, or to public authorities, for example:

  • A person acting on your behalf with your consent;
  • Our local agents and officers;
  • A public investigative or law enforcement agency, including criminal prosecution authorities;
  • To the Commission d'accès à l'information (personal information protection control authority) and to all persons authorized to obtain it by law, such as securities regulators, self-regulatory organizations and the Financial Transactions and Reports Analysis Centre of Canada.

How do we store your personal information and for how long?

The Company uses systems and technology service providers that ensure the secure storage of your personal information in order to maintain its confidentiality.

Your personal information is generally stored in Quebec. However, it is possible that the communication of personal information to certain technology solution providers may result in the transfer of such information outside Quebec. In such cases, the Company first validates the privacy laws and practices applicable in the jurisdiction concerned and ensures that your personal information is adequately protected.

The Company retains your personal information only as long as necessary for the purposes for which it was collected and for the applicable legal retention periods, which may sometimes justify longer retention periods. Destruction is carried out in a secure manner.

How do we ensure the protection and security of your personal information?

The Company applies security measures that are proportionate to the sensitivity of your personal information. These measures protect your personal information against loss or theft, and against unauthorized use.

Technical measures, such as restricting access to your personal information to only those people who need it to perform their duties, setting up alerts in the event of suspicious events, and securely encrypting communications.

Even if the Company applies a multitude of security measures to adequately protect your personal information and reduce the risk of a breach to a minimum, a risk always remains and does not allow us to guarantee 100% that your personal information will not be subject to a breach of confidentiality or integrity in the event of a breach of our security measures.

What are your rights with respect to your personal information?

The Company respects your legal rights with respect to your personal information, and has procedures in place to deal with the following requests:

Access and rectification of your personal information: You will be able to consult the personal information that the Company has collected about you, verify its accuracy and modify it if necessary, subject to exceptions provided by law. Requests for access and rectification are free of charge. However, a reasonable fee may be charged for the transcription, reproduction or transmission of your personal information. Your request for access or rectification must be sent to the office of the Privacy Officer and will be processed no later than thirty (30) days following the date of receipt of your written request to the Company.

 

Automated processing: If the Company implements a decision-making process that is based exclusively on automated processing (without human intervention) of personal information, for example, a process that has a specific effect on a and that relies solely on an algorithm, you will be informed of the fact that you are the subject of such a process, of the decision that has been made and of your right to comment on that decision. Upon request, you may also be informed of the following:

  • Personal information used to reach this decision
  • Reasons for the decision
  • Your right to rectify the personal information used to reach this decision.
  • Openness: Upon request, you may obtain a copy of the personal information collected about you.


What if I have a question or complaint about my personal information?

Any questions about your personal information or complaints arising from non-compliance with the principles set out in the Notice should be directed to the office of the Privacy Officer.


Last modified: December 2023