Terms of Use

 OVERVIEW

“HealthyHips.ca” the (“Platform”) provides a Service through which Teachers (some of whom are licensed and regulated healthcare professionals in the Province of Ontario) have provided to HealthyHips.ca training and instructional videos. Clients (“users of HealthyHips.ca”) may place orders, through membership fees and/or one time access fees to gain access to the training and instructional videos through the HealthyHips.ca Platform. Clients can also securely pay for the training sessions ordered through the Platform.

These Terms of Use govern your use, as a Client, of the Platform. They are a binding contract.

ACCEPTANCE

These Terms of Use govern your use of the HealthyHips.ca Platform. By registering your Profile, you confirm that you agree with these Terms of Use and that you have read and

understood them. You also agree that our Privacy Policy and any other rules regarding operations, policies and procedures that may be published by HealthyHips.ca on the Platform are legally binding on you. If you do not agree with these Terms of Use or with how we deal with personal information, or if you do not agree with any changes we make to these Terms or Use or our privacy policies and procedures, you may de-register your Profile.

In short, these Terms of Use, the Privacy Policy and any other rules regarding operations, policies and procedures that may be published by HealthyHips.ca on the Platform are legally binding on you.

Some services that are offered on the Platform may be subject to additional terms and conditions.

For instance, the training and instructional videos available on the Platform do not substitute for any medical advice and you are always advised to talk to your primary care provider before taking part in the classes on the Platform. RMT, Osteopath and/or Physiotherapy receipts will not be issued even though the training and instructional videos may be provided by professionals who can issue such receipts.

In those cases, by accessing or using those Services you accept the additional terms and conditions. If you do not agree with the additional terms and conditions, do not access or use those Services.

AGE LIMIT; THIRD PARTY USE

The Platform may only be used by persons who are 18 years of age or older. You may not authorize third parties to use your Profile, and you may not allow persons under 18 years of age to receive services through the Platform. In certain instances you may be asked to provide proof of identity and age to access or use the Platform or receive the training sessions or services you order, and you may be denied access to or use of the Platform or those training sessions and services if you refuse to provide proof of identity and age.

COMPUTER EQUIPMENT

The Platform exists on the Internet, via a website. To use the Platform, you must have and be able to operate a standard general purpose computer of recent make and with an up to date operating system. This could be a desktop, laptop or smartphone. All that is entirely up to you.

EXCLUSION OF IMPLIED WARRANTIES

Some jurisdictions (including the Province of Quebec) do not allow exclusions or limitations on implied warranties, and so the following exclusions and limitations may not apply to you: WE MAKE NO REPRESENTATION THAT INFORMATION ON THE PLATFORM OR ANY SERVICES, CONTENT OR PRODUCT PROVIDED VIA THE PLATFORM, IS APPROPRIATE OR AVAILABLE FOR USE IN CANADA. YOU ACCEPT THE USE OF THE PLATFORM “AS IS”.

PAYMENT

All Charges are due immediately on placing your order. Payment will be facilitated through HealthyHips.ca’s third party payment gateway. Your receipt will come to you via email. If your primary payment card or other payment method is found to be expired, invalid or otherwise not able to be charged, you agree that HealthyHips.ca may suspend or cancel your order. If that happens, we will send you a notice by email.

As between you and HealthyHips.ca, HealthyHips.ca reserves the right to establish, remove and/or revise Charges for any or all Services or Training obtained through the use of the Platform or Services at any time in HealthyHips.ca’s sole discretion, but in all cases in accordance with the applicable legislation.

RELEASE OF LIABILITY

HealthyHips.ca will not be liable for any complaint, injury or damage that may arise due to the use of the Platform and associated services.

YOU HEREBY RELEASE HEALTHYHIPS.CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES, OF ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL COMPLAINTS, ACTIONS, PROCEEDINGS, COSTS, CLAIMS, DAMAGES, DEMANDS, COSTS, FEES AND EXPENSES INCLUDING BUT NOT LIMITED TO, LAWYER’S FEES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, THAT MAY ARISE AS A CONSEQUENCE OF YOUR USE OF THE PLATFORM AND RELATED SERVICES.

You acknowledge and understand that:

• HealthyHips.ca is no more than the mere facilitator, providing access to instructional

videos

• in no case are you purchasing Training or services from HealthyHips.ca

HEALTHYHIPS.CA PROPRIETARY CONTENT

All rights over the contents of the HealthyHips.ca website (the “Content”), including copyrights, belong solely to HealthyHips.ca. You are not allowed to make copies, modify, translate, interpret, exhibit, distribute or transmit the Content.

Occasionally there may be Content on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to prices, descriptions or availability, and

HealthyHips.ca benefits. HealthyHips.ca reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse to process your shopping orders if any information on the Platform is inaccurate at any time, without prior notice (including after you have submitted your shopping order and provided payment).

HEALTHYHIPS.CA ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE PLATFORM. THE CONTENT ON THE PLATFORM MAY BE CHANGED WITHOUT NOTICE TO YOU. HEALTHYHIPS.CA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

HEALTHYHIPS.CA DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

THIRD PARTY MATERIAL AND LINKS

HealthyHips.ca may provide links, in its sole discretion, to other Internet sites or networks of third party providers, or provide third party provider content, on the Platform. HealthyHips.ca exercises no control over other Internet sites or networks of third party providers and is not liable for any information found in them or for your reliance upon that information.

YOUR USER ACCOUNT

You may only create one User Profile and you are the only authorized person to access the Platform by means of said User Profile. You are responsible for maintaining the confidentiality of any password or account number to access the Platform. You are solely responsible party for all the activities executed under your User Profile or password. HealthyHips.ca has no control over the use of you User Profile and therefore disclaims all responsibility and liability relating to

such use.

If you suspect that a third party might be accessing the Platform through your User Profile or using your password, you must immediately notify HealthyHips.ca in writing by sending an email to our customer service department.

HealthyHips.ca may suspend and/or delete your User Profile if it is not created in accordance with these Terms of Use, including by providing false information, or by creating more than one User Profile.

DISCLAIMERS

SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIABILITY, SO THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE USE OF THE PLATFORM AND THE SERVICES PROVIDED BY HEALTHYHIPS.CA IS AT YOUR OWN RISK. HEALTHYHIPS.CA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL OPERATE ERROR-FREE, ON AN

UNINTERRUPTED BASIS, OR THAT THEY ARE FREE FROM VIRUSES, MALWARE OR OTHER MALFUNCTIONING OR DANGEROUS TRAINING. THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND HEALTHYHIPS.CA

DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-

INFRINGEMENT, NON-VIOLATION OF THIRD PARTY RIGHTS, MERCHANTABLE QUALITY, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE.

HEALTHYHIPS.CA DOES NOT OFFER ANY KIND OF REPRESENTATION OR WARRANTY RELATED TO THE CORRECTNESS, RELIABILITY, EXHAUSTIVENESS,

VALIDITY OR COMPREHENSIVENESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXTS, GRAPHICS OR LINKS AVAILABLE THROUGH THE PLATFORM, OR TO THE CONTENT OF ANY WEBSITE LINKED TO THE PLATFORM, OR ANY OF THE TEACHERS. HEALTHYHIPS.CA ASSUMES NO RESPONSIBILITY DERIVED

FROM: (I) MISTAKES OR IMPRECISIONS IN THE CONTENT; (II) PERSONAL INJURIES OR DAMAGES TO PROPERTY, OF ANY KIND, AS A RESULT OF THE ACCESS AND

USE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS OF HEALTHYHIPS.CA AND/OR ANY TYPE OF PERSONAL AND/OR

FINANCIAL INFORMATION STORED IN THEM.

THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THE PLATFORM OR ON THE INTERNET, OR SUBMISSIONS TO THE PLATFORM OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE.

THE USE OF THE PLATFORM AND THE CONTENT IS AT YOUR OWN RISK AND HEALTHYHIPS.CA AND SUPPLIERS ASSUME NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE PLATFORM, OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION, OR ANY MISAPPROPRIATION, INTERCEPTION, DELETION,

DESTRUCTION OR USE BY THIRD PARTIES THEREOF.

If the use of the Platform results in the need to get technical assistance or the replacement of a device or data, HealthyHips.ca will not be responsible for such costs.

PRODUCT RETURNS

ALL SALES ARE FINAL. THERE SHALL BE NO REFUNDS UNDER ABSOLUTELY ANY CIRCUMSTANCES.

YOUR OTHER PROMISES

You agree not to do any of the following: use the Platform in any manner that could disable, overburden, damage or impair the Platform or interfere with any other party’s use of the Platform including their ability to engage in real time activities through the Platform; use any robot, spider, other automatic device process or means, or similar data gathering, data mining, information scraping or other extraction methods to access the Platform for any unauthorized purpose, including monitoring or copying any of the material on the Platform; attempt to gain unauthorized access to, interfere with, attack, damage or disrupt any parts of the Platform, web/Internet or the server on which the Platform is hosted; attempt to interfere with the proper working of the Platform, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Platform; use the Platform or Service to fraudulently misrepresent yourself, impersonate another person, engage in false advertising, defraud or defame any person, engage or participate in any Ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails; collect any personally identifiable information from any user of the Platform; create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Platform or the Content in whole or in part, in any form or by any means, be they physical, electronic or otherwise; or use the Platform or Services in any manner that promotes and/or enables illegal or unlawful activities.

ENFORCING SECURITY ON THE PLATFORM

HealthyHips.ca reserves the right to view, monitor, and record your activity on the Platform without notice or permission from you. Any information obtained by monitoring, reviewing, or recording may be provided to: (i) law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Platform; (ii) government agencies as required for any disclosures required by or under applicable law; and (iii) other third parties as required for HealthyHips.ca to comply with any court orders or subpoenas involving requests for information.

NOTIFICATIONS

You must immediately notify HealthyHips.ca of any behavior or content that may infringe these Terms of Use, the Privacy Policy or the applicable law. Upon receipt of such report, HealthyHips.ca, at its sole discretion, will determine its response, if any, to such report, including but not limited to whether such behavior or content is to be deleted or modified.

LIMITATION OF LIABILITY

SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, OR LIMITATION OF LIABILITY, SO THE

BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

HEALTHYHIPS.CA SHALL NOT BE RESPONSIBLE FOR OR BEAR ANY LIABILITY FOR ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND

HEALTHYHIPS.CA’S CONTROL. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHYHIPS.CA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THE PLATFORM OR SERVICES OR FOR ANY INFORMATION, WEBSITE, NETWORK, PRODUCT, CONTENT, SERVICES OR MATERIALS AVAILABLE THROUGH THE PLATFORM;

ANY CLAIM HEALTHYHIPS.CA EXPRESSLY DISCLAIMS RESPONSIBILITY FOR IN THIS AGREEMENT; ANY DIRECT OR INDIRECT DAMAGE, LOSS OF PROFIT, EMERGING DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, RESULTING FROM: (I) THE USE OF THE PLATFORM; (II) THE PERFORMANCE OF OR BROWSING IN THE PLATFORM AND/OR LINKS THEREIN TO OTHER SITES, EVEN IF HEALTHYHIPS.CA HAS BEEN INFORMED OF THE POTENTIAL FOR DAMAGES; (III) THE QUALITY AND QUANTITY OF THE TRAINING DELIVERED TO YOU; (IV) THE SAFETY OF THE PURCHASED TRAINING, INCLUDING BUT NOT LIMITED TO ANY SAFETY RELATED ISSUES; OR (V) INCORRECT, INCOMPLETE OR ERRONEOUS INFORMATION ABOUT THE TRAINING; OR FOR ANY DAMAGES DERIVED FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES ENABLED BY THE PLATFORM, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, LOSS OF PROFIT, EMERGENT DAMAGE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGE, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION IS JUSTIFIED OR NOT; WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HEALTHYHIPS.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF HEALTHYHIPS.CA FOR ANY REASON RELATED TO USE OF THE PLATFORM OR SERVICES, OR ANY OTHER REASON AT ALL, SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE PLATFORM OR SERVICES DURING THE SIX (6) MONTHS PRIOR TO ANY EVENT ON WHICH A CLAIM IS BASED.

TERMINATION

HealthyHips.ca may modify or interrupt the Platform, or may modify, suspend or interrupt its access or support, due to any reason, at its sole discretion, with or without notice, and with no responsibility towards you or any third party.

You may terminate your relationship with HealthyHips.ca by stopping use of the Platform or closing your User Profile. HealthyHips.ca may terminate its relationship with you by closing your User Profile or by any other legal means that are advisable. Upon termination: all terms in these Terms of Use that should logically survive termination shall remain applicable and in effect and HealthyHips.ca may delete your User Profile and all other information provided by you. The termination of our relationship, for any reason, will not result in liability to compensate you for any reason.

MODIFICATIONS

HealthyHips.ca may, at its sole discretion, change or modify without any previous notice, these Terms of Use including the Privacy Policy. Modifications to the Terms of Use will be applied from the moment of their publication on the Platform and shall be applicable to all transactions occurring after such publication, without altering, in any way, the transactions executed prior to such publication. If you disagree with any such modification, you may terminate your relationship with HealthyHips.ca by removing your User Profile from the Platform.

NO ASSIGNMENT

These Terms of Use and your relationship with HealthyHips.ca are personal and cannot be delegated, assigned, transferred or sublicensed, except with HealthyHips.ca’s prior written consent. HealthyHips.ca may assign, transfer, sublicense or delegate any of its rights and obligations in virtue of the present Terms of Use without the User’s consent.

Unless otherwise stated in this Terms of Use, all warnings and notifications will be considered duly delivered from the earlier of: the moment of their publication on the Platform, or the moment that you have been notified accordingly.

CONTACTING US

If you have any questions or doubts about these Terms of Use, including the Privacy Policy, the use of the Platform, Services or your User Profile, please contact HealthyHips.ca through our Client Service chat available in the app and on the website, or via email. Messages received by HealthyHips.ca at such chat or email address will be processed as quickly as feasible in a commercially reasonable manner.

APPLICABLE LAW AND SEVERABILITY

This applicable law provision is not applicable in the Province of Québec.

These Terms of Use have been made and will be construed and enforced solely in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

These Terms of Use including the Privacy Policy constitute a complete and the entire agreement between the User and HealthyHips.ca with respect to the Services, Platform, Content use and other subject matter herein, and substitute all communication and proposals, prior or contemporary – either written, oral or electronic – between you and HealthyHips.ca.

MISCELLANEOUS

Injunctive Relief. You acknowledge that any breach, whether threatened or actual, of these Terms of Use, including, without limitation, with respect to unauthorized use of

HealthyHips.ca’s proprietary rights or assets, will cause irreparable injury to HealthyHips.ca, such injury would not be quantifiable in monetary damages, and HealthyHips.ca would not have an adequate remedy at law. You therefore agree that HealthyHips.ca shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms of Use. Accordingly, you hereby waive any requirement that HealthyHips.ca post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HealthyHips.ca to enforce any provision of these

Terms of Use.

Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by HealthyHips.ca of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Exclusion. We expressly exclude the UN Convention on Contracts for the International Sale of Training sessions, and the International Sale of Training sessions Act (Ontario), as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to a trial by jury. Except if you are located in the Province of Québec, you also agree to waive any right you may have to commence or participate in any class action against HealthyHips.ca related to the Platform, the Services, the Content, the Training, the services or Training of any Trainer, Delivery Agent or Third Party Provider, or these Terms of Use and, where, applicable, you also

agree to opt out of any class proceedings against HealthyHips.ca, its agents, or its licensors.