Effective AUGUST 1, 2017
Welcome and thank you for your interest in Fresh-Lists and our website www.freshlists.ca (the “Site”)! We are a pay-per-service platform that gives users access to the last minute appointments offered by service businesses.
The Fresh-Lists website and platform is operated by Last-Minute-Ventures.
- Fresh-Lists Service Overview
This service allows users to register for services offered by third party studios and other companies (“Vendors”) on the Site. Vendors may require users to sign additional agreements before entering their bussiness. Examples of additional agreements include, but are not limited to waivers of liability and personal health questionnaires.
You verify that you are eighteen (18) years of age, or older to use this service. By agreeing to these Terms, you warrant to us:
- You are eighteen (18) years of age or older.
- You have not previously been suspended or removed from the Site.
- Your registration and use of the Site is in compliance with any and all applicable laws and regulations.
You understand that Fresh-Lists may terminate your account or limit access to the Site based on these criteria.
By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular plans, offers, products, services or features, you also shall be subject to any additional posted guidelines or rules that are applicable, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
4. Fresh-Lists Platform
- Fresh-Lists Platform. Fresh-Lists is a pay-per-use service that enables users to reserve and schedule a wide range of fitness, health, and cosmetic services offered and operated by businesses that partner with Fresh-Lists. Through the Fresh-Lists platform you can access third party products and services. Fresh-Lists itself is not a gym, health facility or service provider and does not own, operate or control any of the classes, services or facilities accessible through the Site.
- Registration. To access services on the Site, you must register for an account. Upon registration, you will be required to provide us with information about yourself, such as name and contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Upon registration, you will be asked to provide a password for security purposes. You agree to accept responsibility for confidentiality of your account and password. Furthermore, you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, immediately contact firstname.lastname@example.org.
- Eligible Services. Each user accesses services to be used to visit any Vendor of their choice available. Fresh-Lists reserves the right to change from time to time the number of reservations a member can make and cancelled or missed services a participant may incur.
- Availability and Allocation. Fresh-Lists does not guarantee the availability of particular Vendors, locations, classes or other inventory as availability may change over time. The type, quantity, allocation and availability of Vendors, classes and other inventory offered is determined by Fresh-Lists and partnering Vendors. As such, Fresh-Lists takes certain steps to manage and promote available inventory at varying times in an ongoing and evolving way.
- Use of Fresh-Lists. Your Fresh-Lists registration is personal to you and you agree not to create more than one account. Registrants cannot transfer or gift classes to third parties, including other Fresh-Lists registrants.
- Payment. You must pay the applicable fees to register for any service offered on Fresh-Lists. Please note that fees will vary depending on the price and discount offered by each Vendor. Prior to payment of any fees, you will be prompted to confirm all applicable fees that you will be charged. Any and all fees are in Canadian currency and are non-refundable. Fees for service will vary for each Vendor. Fresh-Lists does not charge the user. Payment is made at the time of purchase, at the respective Vendor. All sales associated with the Site are considered final and are non-refundable.
5. Termination or Modification
- Termination or Modification of Use. You agree that Fresh-Lists, in its sole discretion, may (i) terminate, deactivate and/or suspend any account that you may have with Fresh-Lists, (ii) terminate any uploaded material at the discretion of Fresh-Lists and (iii) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription.
- Access to Site. Fresh-Lists reserves the right to discontinue access to the Site. In this instance, you agree that Fresh-Lists will not be liable to you or any third party for any such termination or discontinued access to the Site.
- Fraudulent Activity. Fresh-Lists does not allow fraudulent, abusive, illegal activity and/or infringing activities, which may be grounds for termination from the Site. Furthermore, specific cases may be forwarded to appropriate law enforcement authorities.
- Responsibility. You agree that any and all information provided to Fresh-Lists upon registration be true, accurate and current. Furthermore, you are responsible for all items/content uploaded or posted on your account.
- Prohibited Conduct. The Site is intended for Canadian residents only. By using the Site, you agree that the following acts are prohibited and will result in termination of members and discontinued access to the Site.
- Upload material that is considered pornographic, embarrassing, derogatory, unethical, and/or any material that is considered inappropriate solely by Fresh-Lists representatives.
- Any form of harassment or fraudulent behaviour towards Fresh-Lists staff/representatives, other Fresh-Lists members, and/or staff/members of participating Vendors associated with Fresh-Lists.
- Sending advertisements or spam mail to Fresh-Lists and/or Fresh-Lists users.
- Impersonate another person or log in to anotherFresh-Lists user’s account without permission.
- Permit third parties to use Fresh-Lists under your own personal account.
- Reserve or cancel any Fresh-Lists service with the Vendor, rather than through the Site.
- Upload damaging material to computer systems.
Those who choose to access the Site, do so at their own risk and are responsible to comply with all rules. You will not use the Site for any purpose that is unlawful or prohibited.
6. Limitation of Liability.
ALL SERVICES OFFERED THROUGH FRESH-LISTS ARE OFFERED THROUGH THIRD PARTIES NOT FRESH-LISTS. YOU ARE AWARE THAT SERVICES SUCH AS EXERCISE AND REHABILITATION MAY RESULT IN INJURY AND YOU AGREE THAT ATTENDANCE OF ANY SERVICE OFFERED THROUGH THE SITE IS DONE AT YOUR OWN RISK. IN NO EVENT WILL FRESH-LISTS, LAST-MINUTE-VENTURES AND STAFF ASSOCIATED WITH FRESH-LISTS BE LIABLE FOR ANY ACCIDENTAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO THE SITE.
YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FRESH-LISTS.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FRESH-LISTS AND/OR ITS AFFILIATES, STAFF OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE.