Website Terms and Conditions
14297849 Canada Inc.
O/A Fit & Fuel 365
Last updated: 2025-11-23
These Website Terms and Conditions (“Terms”) govern your access to and use of the website www.fitandfuel365.com (the “Website”), any related pages or online platforms, and all products and services offered by 14297849 Canada Inc. O/A Fit & Fuel 365 (“Fit & Fuel 365”, “we”, “us”, “our”) including fitness and nutrition coaching, memberships, in-person sessions, and merchandise (collectively, the “Services”).
By accessing or using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, Refund, Cancellation & Limited Liability Policy, and Accessibility Statement, each of which is incorporated by reference. If you do not agree, you must not use the Website or Services.
Important: This document is intended to support compliance with applicable Canadian law, including Ontario consumer protection law, but does not constitute legal advice. You should consult your own legal counsel before relying on these Terms.
1. Eligibility
1.1 You must be at least the age of majority in your province, territory, or state of residence (in Ontario, 18 years old) to purchase Services or create an account.
1.2 If you use the Website or Services on behalf of another person or entity, you represent that you are authorized to bind that person or entity to these Terms.
1.3 The Website and Services are intended for users in Canada (and, where applicable, the United States). If you access the Website from another jurisdiction, you are responsible for compliance with local laws.
2. Account Registration & Security
2.1 To access certain Services (e.g., online coaching, membership portals), you may need to create an account. You agree to:
Provide true, accurate, current, and complete information;
Keep your account information up to date;
Maintain the confidentiality of your username and password; and
Immediately notify us of any unauthorized use of your account or other security breach.
2.2 You are responsible for all activities that occur under your account, whether or not authorized by you. We are not liable for any loss or damage arising from your failure to comply with this section.
2.3 We reserve the right, in our sole discretion and without notice, to suspend or terminate any account that appears to be in breach of these Terms, is inactive for an extended period, or is otherwise used in a manner we deem inappropriate.
3. Description of Services
Fit & Fuel 365 offers, among other things:
In-person fitness training sessions;
Online fitness and/or nutrition coaching packages and memberships;
Pre-made or customized training and meal plans;
Apparel and merchandise (e.g., clothing, gym wear);
Educational content, newsletters, and promotional materials.
The specific features, content, prices, and availability of Services may change from time to time at our discretion.
4. Health, Fitness & Medical Disclaimer
4.1 No Medical Advice. Information on the Website and Services (including workouts, nutrition plans, recipes, videos, blog posts, and communications from our team) is for general informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment.
4.2 Consult Your Healthcare Provider. Before starting any new exercise program, dietary plan, or lifestyle change, you should consult a physician or other qualified health professional, especially if you:
Have any pre-existing medical condition, injury, or disability;
Are pregnant, breastfeeding, or postpartum;
Take prescription or over-the-counter medications; or
Have concerns about how exercise or nutrition changes may affect your health.
4.3 Assumption of Risk. By using our Services, you:
Acknowledge that participation in physical exercise, lifestyle changes, and dietary modifications carries inherent risks, including risk of injury or illness;
Voluntarily assume all risks, known and unknown, associated with your participation; and
Agree that you are solely responsible for listening to your body, modifying or stopping activities when necessary, and seeking medical advice as needed.
4.4 No Guarantee of Results. We do not guarantee any particular health, fitness, weight-loss, performance, or other results. Outcomes will vary based on individual factors such as adherence, health status, and lifestyle.
5. Acceptable Use of the Website & Services
You agree that you will not:
Use the Website or Services for any unlawful, fraudulent, or harmful purpose;
Harass, threaten, abuse, or otherwise harm any person or entity;
Attempt to gain unauthorized access to our systems, other user accounts, or any part of the Website or Services;
Introduce any viruses, malware, or other harmful code;
Scrape, copy, reproduce, modify, distribute, or publicly display any part of the Website or its content without our express written consent, except as permitted by law;
Use our plans, materials, or content to create a competing service.
We may monitor use of the Website and Services and take any action we deem appropriate (including suspension or termination of access) if we believe that your use violates these Terms or applicable law.
6. Purchases, Pricing, Payments, Refunds & Cancellations
6.1 Pricing & Availability. All prices and Services are subject to change without notice. We reserve the right to correct pricing errors at any time. Taxes, shipping, and other charges may apply depending on your location and the products or Services purchased.
6.2 Payments. Payments are processed through trusted third-party payment processors. By submitting payment information, you authorize us and our payment processor to charge the applicable fees to your chosen payment method.
6.3 Subscriptions & Recurring Billing. Certain online packages may be billed on a monthly or recurring basis. By enrolling in a subscription, you authorize recurring charges until you cancel in accordance with our Refund, Cancellation & Limited Liability Policy.
6.4 Refunds & Cancellations.
Refund and cancellation terms (including the 10-day cooling-off period, in-person session rules, and clothing returns) are set out in our Refund, Cancellation & Limited Liability Policy, which forms part of these Terms. In the event of conflict between these Terms and that policy, the more specific refund policy will prevail.
Nothing in these Terms is intended to limit your rights under applicable consumer protection laws, including the Ontario Consumer Protection Act, 2002.
7. Intellectual Property
7.1 Our Content. All content on the Website and in the Services—including text, graphics, logos, trademarks, images, videos, workouts, meal plans, software, and design—is owned by Fit & Fuel 365 or our licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
7.2 Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, sell, create derivative works from, or otherwise exploit our content for commercial purposes without our prior written consent.
7.3 Plans & Programs. You are granted a personal license to use any fitness or nutrition plan created for you. You may not share, resell, republish, or distribute these plans to others, whether for free or for payment.
7.4 Trademarks. “Fit & Fuel 365”, our logos, and any related names or designs are trademarks of 14297849 Canada Inc. or its affiliates. You may not use these marks without our prior written consent.
8. User Content & Testimonials
8.1 If you voluntarily submit or share content with us (e.g., testimonials, comments, before-and-after photos, reviews, or other materials), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media, for marketing and promotional purposes, subject to any written agreements or applicable privacy laws.
8.2 You represent and warrant that:
You own or have all necessary rights to the content you submit;
Your content does not infringe the rights of any third party; and
Your content is not defamatory, unlawful, or otherwise inappropriate.
We reserve the right (but have no obligation) to remove user content at our discretion.
9. Third-Party Services, Links & Advertising
9.1 The Website may contain links or integrations to third-party websites, apps, tools, or services (including payment processors, social media platforms, analytics providers, and advertisers such as Google and Meta/Facebook).
9.2 These third parties are independent of Fit & Fuel 365. We do not control, endorse, or assume responsibility for:
The content, privacy policies, or practices of any third-party websites or services;
Any products or services offered by third parties; or
Any losses or damages arising from your use of third-party services.
Your use of third-party services is at your own risk and subject to those third parties’ terms and policies.
10. Privacy
Your use of the Website and Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information, including data used for analytics and marketing (such as Google and Facebook remarketing).
By using the Services, you consent to our data practices as described in the Privacy Policy.
11. Disclaimer of Warranties
To the fullest extent permitted by applicable law:
11.1 The Website, Services, and all content are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, express, implied, or statutory.
11.2 Fit & Fuel 365 disclaims all warranties and conditions, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and security.
11.3 We do not warrant that:
The Website or Services will be uninterrupted, timely, secure, or error-free;
Any particular results will be achieved; or
Defects will be corrected.
11.4 You are solely responsible for ensuring that the Services meet your needs and for safeguarding your own equipment and data.
Some jurisdictions do not allow the exclusion of certain warranties; in such cases, some of the above exclusions may not apply to you and will apply only to the extent permitted by law.
12. Limitation of Liability
To the fullest extent permitted by applicable law:
12.1 Exclusion of Certain Damages. Fit & Fuel 365, its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including loss of profits, loss of data, loss of reputation, or business interruption), whether based on contract, tort (including negligence), strict liability, or any other theory, arising out of or in connection with:
Your use or inability to use the Website or Services;
Any reliance on information provided through the Services;
Any products or services purchased through the Website; or
Any unauthorized access to or use of your data.
12.2 Cap on Direct Damages. In all cases, the total aggregate liability of Fit & Fuel 365 and its directors, officers, employees, contractors, and agents for all claims arising out of or related to the Website, Services, or these Terms will be limited to the greater of:
The amount you actually paid to Fit & Fuel 365 for the specific Service giving rise to the claim in the three (3) months preceding the event giving rise to the claim; or
$100 CAD.
12.3 Non-Excludable Liability. Nothing in these Terms is intended to:
Exclude or limit any rights you have that may not be lawfully excluded or limited under applicable consumer protection laws; or
Exclude or limit liability for death or personal injury caused by our gross negligence, fraud, or other liability that cannot be excluded under applicable law.
If applicable law does not allow the exclusion or limitation of certain damages, the above exclusions and limitations shall apply to you only to the extent permitted by law.
13. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Fit & Fuel 365, its directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way related to:
Your access to or use of the Website or Services;
Your breach of these Terms or any other applicable policy;
Your violation of any law or the rights of any third party; or
Any content you submit or share with us.
14. Dispute Resolution, Governing Law & Jurisdiction
14.1 Governing Law. These Terms and any disputes arising out of or relating to them or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules.
14.2 Dispute Resolution. We encourage you to contact us first to try to resolve any concern informally. If a dispute cannot be resolved amicably, you and we may mutually agree to refer the matter to mediation or arbitration in Ontario, Canada.
14.3 Courts. Subject to any mandatory provisions of applicable law, you agree that any legal proceeding arising out of or relating to these Terms or the Services shall be brought in the courts of the Province of Ontario, and you hereby irrevocably submit to the exclusive jurisdiction of those courts.
Nothing in this section is intended to limit any rights you may have to bring claims before applicable consumer protection bodies or small claims courts, where permitted by law.
15. Changes to the Website, Services & Terms
15.1 We may modify, suspend, or discontinue any part of the Website or Services at any time, with or without notice, provided that we comply with any applicable legal or contractual obligations regarding services already purchased.
15.2 We may update these Terms from time to time. When we do, we will post the updated Terms on this page and revise the “Effective Date” at the top. Your continued use of the Website or Services after any changes become effective constitutes your acceptance of the updated Terms.
If you do not agree with the updated Terms, you must stop using the Website and Services.
16. Severability & Entire Agreement
16.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
16.2 These Terms, together with our Privacy Policy, Refund, Cancellation & Limited Liability Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and Fit & Fuel 365 regarding your use of the Website and Services and supersede any prior understandings or agreements.
17. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact:
14297849 Canada Inc. O/A Fit & Fuel 365
Email: info@fitandfuel365.com
Phone: 613-242-1778
Address: Belleville, ON, Canada
