Terms and Conditions
1. Introduction
You have arrived at www.jovialife.ca (the “Site”), which is owned and operated by Jovia Life (“Jovia Life”, “we”, “us” or “our”). We work with instructors, facilitators, and partner venues across Canada (collectively, the “Providers”) who deliver Jovia Life wellness classes, programs, activities, and events (the “Programs”) to participants (the “Services”) at or through our Providers’ locations and other designated venues (the “Premises”). These Terms and Conditions (the “Terms”) set forth the rights and obligations applicable to all users of this Site and participants in our Services.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OR ACCESS OUR SITE, REGISTER FOR ANY PROGRAM, OR OTHERWISE PURCHASE OR PARTICIPATE IN ANY OF THE SERVICES.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS. ACCESS AND USE OF THE SITE AND SERVICES ARE PROVIDED BY JOVIA LIFE OR ANY OF ITS PROVIDERS ON THE CONDITION THAT YOU ACCEPT THESE TERMS.
BY ACCESSING OR USING THE SITE OR THE SERVICES (INCLUDING THE PURCHASE OR REGISTRATION OF ANY SERVICES OFFERED ON OR THROUGH THE SITE), YOU AGREE TO THESE TERMS ON YOUR OWN BEHALF. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR PARTICIPATE IN ANY SERVICES OFFERED BY JOVIA LIFE OR ANY OF ITS PROVIDERS.
2. Void Where Prohibited by Law
If you are located in a jurisdiction where it is prohibited by law to access or use the Services offered on or through this Site, or to participate in activities in connection with the Site, you may not use the Site or purchase any Services. By using this Site, you represent and warrant that your use of the Site and your participation in the Services is permitted under the applicable laws of your jurisdiction.
3. Privacy
Jovia Life is subject to applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Privacy laws vary by jurisdiction.
You acknowledge and agree that access to the Site and participation in Services is provided via the Internet, and that your personal information (as defined in our Privacy Policy) may be transferred across national borders and stored or processed in accordance with our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose your personal information, and is incorporated by reference into these Terms. It can be found at: https://www.jovialife.ca/privacypolicy.
4. Ownership of Intellectual Property
Except for public domain materials, third-party content used under license, and the information you submit to the Site, including personal information you provide (e.g., photos or documents for registration), all content and materials on the Site that are owned or created by Jovia Life, including text, graphics, images, audio, video, logos, trademarks, service marks, software, source code, and other data (collectively, the “Content”), are protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted to you in these Terms are reserved.
You may only use the Content as expressly authorized in these Terms. Without written permission from Jovia Life, you may not: adapt, republish, display, upload, post, transmit, distribute, create derivative works from, translate, modify, reverse engineer, decompile, disassemble, merge with other data, frame, sublicense, sell, or otherwise exploit the Content that is owned by Jovia Life.
The Site may also contain content, templates, tools, or other materials provided by third-party service providers (including, but not limited to, website templates, fonts, plug-ins, or embedded applications). Such third-party content remains the property of its respective owner and is used under license. Your use of such third-party content is subject to the applicable third-party terms, and nothing in these Terms grants you ownership of or rights to that content beyond what is permitted by the third-party license.
The trademarks, service marks, or logos displayed on the Site (collectively, the “Marks”) are owned by Jovia Life, its affiliates, or licensors. Nothing in these Terms grants you a license to use any Marks without express permission. Unauthorized use of any Marks is prohibited and may violate applicable trademark laws. You acknowledge that you do not acquire any rights, title, or interest in the Marks by using the Site or participating in Programs.
We welcome feedback, suggestions, or comments about our Site and Programs (“Feedback”). By submitting Feedback to Jovia Life, you grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works, or otherwise exploit the Feedback for any purpose.
With respect to any Feedback you provide, you agree that:
Jovia Life has no obligation to you regarding the Feedback;
Feedback is non-confidential; and
Feedback is truthful and does not violate the rights of others.
By posting, uploading, or otherwise submitting any materials to the Site (“User Materials”), you grant Jovia Life and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works, or otherwise exploit the User Materials. You represent and warrant that you own the rights to the User Materials or are authorized to post them and that your submission does not violate applicable laws or the rights of any third party.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from third parties whose property or information is included in your User Materials and for maintaining such permissions throughout your use of the Site.
5. Enrolment and Registration
Participants may register for classes directly or have another individual register on their behalf (such as a family member, caregiver, or friend). The person completing the registration acknowledges that they are authorized to act on behalf of the participant and that all information provided is accurate and complete. Both the participant and the person registering on their behalf are bound by the terms outlined in this policy.
6. Refunds and Cancellations
All class and package fees paid or payable in connection with your enrolment are non-refundable, except in the event that you provide Jovia Life with written notice of cancellation within five (5) days of attending your first scheduled class.
Upon receipt of a valid cancellation notice, Jovia Life will issue a refund for the class or package within thirty (30) days.
Refunds will not be granted under any other circumstances, including but not limited to absences, scheduling conflicts, or participant preference changes.
7. Attendance and Missed Classes
No credits or refunds will be issued for a missed class, in whole or in part, except as specifically stated in this policy.
If a participant is unable to attend a class, they may choose to transfer their spot to another eligible individual (e.g., a friend, family member, or caregiver). The substitute participant must complete and sign all required waivers and forms prior to attending.
8. Cancellation by Jovia Life
In the rare event that Jovia Life cancels a class or session, participants will be notified at the email address provided during registration, or any other email address later supplied to Jovia Life.
If a class or program is cancelled due to unforeseen circumstances — such as instructor illness, facility issues, or scheduling conflicts — participants will be provided with one of the following options:
A make-up class at a later date,
A credit applied toward a future class or program, or
A refund, at Jovia Life’s discretion.
Jovia Life reserves the right to cancel classes if the minimum number of members have not been signed up. An alternative option or a refund will be provided.
9. Force Majeure
If a class or program is cancelled, in whole or in part, due to a Force Majeure Event — including but not limited to extreme weather conditions, public health advisories, power outages, or other events beyond Jovia Life’s reasonable control — participants will not be entitled to a refund. However, Jovia Life will make every reasonable effort to provide class credits or schedule make-up sessions at a later time.
10. Communications
All communications, including cancellation notices, schedule updates, or class changes, will be sent via email to the address provided at the time of registration, or any alternate address that the participant subsequently provides to Jovia Life. Participants are responsible for ensuring their contact information remains current and accurate.
11. Limitation of Liability and Disclaimer
THE SITE, THE PROGRAMS, AND ANY MATERIALS OR INFORMATION AVAILABLE ON THE SITE OR AT THE PREMISES ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. JOVIA LIFE DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JOVIA LIFE DOES NOT GUARANTEE THAT THE SITE, PROGRAMS, OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR PARTICIPATION IN ANY PROGRAMS OR USE OF THE SITE.
IN NO EVENT SHALL JOVIA LIFE, ITS AFFILIATES, EMPLOYEES, INSTRUCTORS, VOLUNTEERS, VENDORS, OR OTHER REPRESENTATIVES (COLLECTIVELY, THE “JOVIA LIFE PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM:
YOUR USE OR INABILITY TO USE THE SITE OR PARTICIPATE IN PROGRAMS;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
THE ACTIONS OR CONDUCT OF OTHER PARTICIPANTS OR THIRD PARTIES; OR
ANY OTHER MATTER RELATING TO THE SITE, PROGRAMS, OR PREMISES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT PROHIBITED, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, PROGRAMS, OR THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE PARTICIPATION OR USE OF THE SITE.
12. Indemnification
You agree to defend, indemnify, and hold harmless the Jovia Life Parties from any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from:
Your use, participation, or misuse of the Site or Programs;
Any breach or alleged breach of these Terms;
Any violation of third-party rights, including intellectual property or privacy rights;
Any claim that your Feedback or User Materials infringe third-party rights;
Any transactions or communications facilitated through the Site; or
Unauthorized use of your email, account, or login credentials.
If Jovia Life takes legal action due to your violation of these Terms, you agree to reimburse Jovia Life for all reasonable legal fees, costs, and disbursements incurred, in addition to any other relief granted.
13. Registration for Programs
To participate in any Jovia Life Program or access the Services, you must complete the registration process as prompted on the Site or by a Jovia Life Provider. By registering, you confirm that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not register for or participate in any Programs or Services.
When registering, you agree to:
Provide accurate, current, and complete information as requested during registration; and
Maintain and promptly update your information to keep it accurate and complete.
You must not provide information that is false, misleading, offensive, unlawful, or otherwise inappropriate. You also must not impersonate another person, including Jovia Life staff, Providers, or other participants.
You are responsible for the accuracy of the information you provide and for any consequences arising from incorrect or misleading information.
14. Programs
The Site may allow you to register for Programs and/or purchase Services. Jovia Life reserves the right to amend or update the Programs, Services, and Site content at any time without prior notice. We may also limit the number of available Programs or Services for any reason.
15. Payment
All prices for Programs and Services displayed on the Site are quoted in Canadian dollars. Fees do not include applicable sales, use, excise, value-added, or other taxes or governmental charges, which you are responsible for paying. While Jovia Life strives to provide accurate information regarding Services, Program details, and pricing, errors may occur. In the event that a Program or Service is listed at an incorrect price or with incorrect information, we reserve the right to correct the error, cancel a registration, or adjust your payment accordingly.
Payment for Programs and Services must be made in full and in advance of participation, unless otherwise agreed upon with a Jovia Life Provider.
If you cancel a Program or Service for which payment has already been processed, refunds will be handled in accordance with Jovia Life’s Refund and Cancellation Policy, as posted on the Site.
You are responsible for ensuring that sufficient funds are available in your account or on your credit card to cover Program fees. If a payment fails for any reason, you will be notified and must make a manual payment to retain your place in the Program. You are responsible for any fees, penalties, or additional costs incurred by Jovia Life due to failed or late payments.
You represent and warrant that any payment information you provide is accurate, complete, and authorized for use. You also agree to pay all fees, taxes, and charges applicable to the Programs or Services you purchase, at the posted rates at the time of registration.
Jovia Life reserves the right to modify Program or Service fees at any time. If fees change for a Program in which you are registered or a Service you have purchased, you will be notified through an update on the Site or directly by your Provider.
16. Personal Use Only
You acknowledge and agree that this Site and any Services purchased or accessed through this Site are for personal use only. You may not sell, resell, or otherwise exploit the Site or Services for any commercial purpose without the express written authorization of Jovia Life.
17. Restrictions and Code of Conduct
While using the Site or participating in Programs or Services, you agree to comply with all applicable laws, rules, and regulations, including those relating to privacy, copyright, trademarks, defamation, and other legal requirements. Jovia Life reserves the right, in its sole discretion, to take any action necessary to preserve the integrity of the Site and Services.
Without limiting the above, you agree not to:
Post, upload, or otherwise share content on the Site or during any Program that is violent, defamatory, abusive, discriminatory, obscene, sexually explicit, hateful, harassing, threatening, or invades another person’s privacy.
Engage in illegal activity or encourage others to do so.
Misrepresent yourself as an employee, partner, or representative of Jovia Life or any Provider.
Attend any Program while suffering from a contagious illness, disease, or injury that may pose a risk to others.
Participate in any Program that you are not registered for or have not paid for in accordance with these Terms.
Enter restricted areas of any Program venue or attempt activities for which you are not authorized.
Bring equipment, food, beverages, tools, or other items that could interfere with Programs or participant safety, unless expressly permitted by Jovia Life.
Posting or sharing any content that is offensive, defamatory, or infringes on another’s rights.
Ignoring safety advice or safety instructions given by an instructor or program facilitator.
Behaving in a way that interferes with the enjoyment, comfort, or safety of other participants.
Arriving under the influence of alcohol or drugs, or engaging in disorderly conduct during any Jovia Life activity.
Download, copy, reproduce, transmit, or publicly display Site content except as expressly authorized.
Violate intellectual property rights, including copyright, trademarks, or privacy rights, of Jovia Life or third parties.
Impersonate another participant or misrepresent your qualifications or affiliation.
Use automated tools (e.g., robots, scrapers, or spiders) to access the Site without written consent.
Using discriminatory or ageist language or behaviour in any context related to Jovia Life’s programs or communications.
Use the Site or Services for commercial purposes or to benefit any third party without authorization.
Collect personal information from other participants without their consent.
Engage in conduct that Jovia Life deems detrimental to its interests or that interferes with the proper conduct of Programs, Services, or Site operations.
Introducing viruses, malware, or any harmful code.
Encourage or enable anyone else, including caregivers, family members, or other participants, to engage in prohibited conduct.
Follow all rules, guidelines, regulations, and codes of conduct applicable to the Program and Premises, as set out in these Terms or provided by Jovia Life staff or instructors.
Inform Jovia Life or the local Provider of any medical, physical, or other condition that could affect your ability to safely participate in a Program. Any changes to your condition must be reported.
Comply with instructions from instructors, staff, or volunteers to ensure Programs run smoothly.
Wear appropriate clothing and footwear for each Program, including weather-appropriate attire for outdoor sessions.
Respect other participants, instructors, staff, and members of the public at the Premises. Civil, professional, and courteous behaviour is required at all times.
Keep personal items, equipment, or belongings away from activity areas unless explicitly permitted by the Program instructor.
Minimize noise or other disruptions during Programs to avoid interfering with other participants or instructors.
Understand that Programs are designed to accommodate varying levels of physical, cognitive, and emotional ability, and that placement or participation adjustments can be determined Jovia Life instructors or staff.
Participate in all exercises and Program activities safely, including any brief time-outs or pauses requested by instructors for safety or program flow.
Refrain from taking photographs or video of other participants without their consent and respect the privacy of all attendees.
Accept that physical guidance by instructors may occur for instructional purposes and will always be professional and respectful.
All participants are solely responsible for their own behaviour, welfare, and conduct while attending any Jovia Life Program or at any venue where Programs are held (the “Premises”). Participants must ensure they are fully supervised and capable of safely participating in Programs, and must not attend a Program if they are unwell, contagious, or otherwise unable to safely participate.
Jovia Life reserves the right to exclude any participant from a Program or Premises if their behaviour is deemed inappropriate, unsafe, or disruptive, in the sole discretion of Jovia Life staff. By participating, you agree to comply with all safety and conduct requirements to ensure a positive and secure environment for all.
Engaging in prohibited conduct may result in civil or criminal liability, and constitutes a breach of these Terms. If you suspect another person is using the Site or Services in a harmful or illegal manner, you should contact appropriate local authorities.
18. Copyright Dispute Policy (Canada – Copyright Act)
If you believe that any material or content on or accessible through the Site infringes a copyright, please send a notice of copyright infringement to our designated agent containing the following information:
Your contact information, including name, address, and other details necessary for communication;
Identification of the copyrighted work or subject matter you claim has been infringed;
A description of your rights or interest in the copyrighted work;
Identification of the location of the infringing material on the Site, with sufficient detail to allow us to locate and verify it;
The date and time of the claimed infringement; and
Any other information required under applicable law.
The notice must not include:
Offers to settle the claim or references (including hyperlinks) to such offers;
Requests or demands for payment or personal information; or
Any other information prohibited under applicable law.
If the notice does not meet these requirements, Jovia Life is not obligated to forward it to the alleged infringer or preserve the infringer’s identity for enforcement purposes.
Upon receiving a compliant infringement notice, it is our policy to:
Remove or disable access to the infringing material;
Notify the content provider, member, or user of the removal or disabling of access; and/or
Take action against repeat offenders in accordance with applicable law, which may include terminating access to the Site or Services.
Notice of copyright claims should be sent to:
Email: info@jovialife.ca
19. Term and Termination
Access to the Site and Services is provided at our discretion. You acknowledge and agree that access may not always be available and may be amended, suspended, or terminated, in whole or in part, at any time without notice. Jovia Life will not be liable for any inability to access the Site or Services at any time.
We may, in our sole discretion, suspend or terminate your use of the Site or Services at any time without notice. Upon termination, you must immediately cease all use of the Site, participation in Programs, and access to Services.
20. Suspensions
Without limiting Section 25, we reserve the right to suspend your access to the Site or Services immediately, with or without notice, if we reasonably believe that:
You have violated or breached these Terms;
Any information you provided is untrue, inaccurate, incomplete, or not current; or
You or any third party are obtaining unauthorized access to the Site or any Jovia Life systems.
Suspensions will remain in effect as long as reasonably necessary to investigate the matter.
21. Monitoring
We strive to provide a safe and enjoyable experience for all users and participants. Jovia Life may monitor activity on our Site, including public discussion areas, forums, blogs, and other interactive features, to ensure compliance with these Terms.
PLEASE NOTE that Jovia Life does not guarantee that:
The Site or any portion thereof will be actively monitored for accuracy or inappropriate use;
Statements, comments, or content posted will be verified for authenticity; or
Any specific action will be taken regarding non-compliance with these Terms.
Communications or content posted by users may include opinions, offensive material, or content that violates these Terms. We may, but are not obligated to, remove any content at any time without prior notice or liability.
22. Investigations
You agree that Jovia Life and its representatives may access any information related to your participation in Programs or Services on a case-by-case basis to investigate complaints or allegations regarding:
Breaches of these Terms;
Infringement of third-party rights; or
Unauthorized use of the Site, Programs, or Services.
Jovia Life is not required to disclose the existence or results of such investigations unless required by law or requested by law enforcement authorities.
23. Availability
While Jovia Life strives to keep downtime to a minimum, we cannot guarantee that the Site or Services will be uninterrupted or error-free. We reserve the right to suspend or interrupt access to the Site or Services, in whole or in part, at any time and for any reason, with or without prior notice.
24. Currency of the Site
Jovia Life updates Site content, Program information, and Services periodically. However, we cannot guarantee the accuracy, completeness, or currency of the information provided. We reserve the right to revise, supplement, or remove information, Programs, or Services at any time without prior notice.
25. Linked Websites
The Site may provide links to third-party websites for convenience. Inclusion of these links does not imply endorsement, monitoring, or responsibility for these websites by Jovia Life. Third-party websites are governed by their own terms and privacy policies. Your use of such websites is at your own risk. Jovia Life shall not be liable for any loss, damage, or consequences arising from your use of, or reliance on, third-party websites or resources linked from our Site.
26. Internet, Software, or Computer Viruses
Due to technical issues with the Internet, software, or transmission problems, information on the Site may occasionally be inaccurate or incomplete. Similarly, computer viruses or other harmful programs may inadvertently be downloaded from the Site.
Jovia Life shall not be responsible or liable for any software, computer viruses, or other destructive, harmful, or disruptive files or programs that may infect or otherwise affect your computer, mobile device, or other property as a result of your access to, use of, or browsing on the Site, or from downloading any materials, content, or information from the Site.
27. Governing Law
These Terms and your use of the Site or Programs are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute shall be resolved exclusively in the courts located in Toronto, Ontario.
If any provision of these Terms is found unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect. These Terms constitute the entire agreement between you and Jovia Life regarding your use of the Site and participation in Programs.
28. Modification of These Terms
Jovia Life may revise or update these Terms at any time, in its sole discretion. The most recent version will be posted at https://www.jovialife.ca/terms (or your designated URL). We recommend that you review the Terms periodically.
If material changes affecting your rights and obligations are made, we will provide notice in a reasonable manner as required by applicable law. By continuing to use the Site or participate in Programs after such updates, you agree to be bound by the amended Terms.
These Terms supersede any prior agreements and govern your entire relationship with Jovia Life, including any previous interactions, communications, or conduct preceding your acceptance of these Terms.
29. General
These Terms are not assignable, transferable, or sublicensable by you without our prior written consent. Jovia Life may assign or transfer these Terms to a third party without notice.
No waiver of any breach or default under these Terms shall be deemed a waiver of any prior or subsequent breach. Any headings or section titles are for convenience only and do not define or limit the provisions herein.
Waivers must be in writing and signed by an authorized representative of Jovia Life. A waiver does not extend to subsequent breaches or non-performance of similar obligations. Delay or partial exercise of any right does not constitute a waiver of that right or remedy.
If any provision is found unlawful, void, or unenforceable, it shall be severed without affecting the enforceability of the remaining provisions.
Subject to any additional terms applicable at the time of purchasing Services, these Terms constitute the entire agreement between you and Jovia Life and supersede all prior written or oral agreements regarding the subject matter herein.
30. Questions and Contact Information
If you have any questions, concerns, or suggestions regarding these Terms, the Site, or our Programs, please contact us at:
Email: info@jovialife.ca