These terms and conditions apply between all Users of this Website (including but not limited to Clients), and The Markham Gym, the owner(s) of this Website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of The Markham Gym’s Products and Services. Please read these terms and conditions carefully, as they affect your legal rights.
Unless specified herein or at point of purchase to the contrary, The Markham Gym invoices for any Service are due for payment immediately once received. The Markham Gym reserves the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Rules and Standards set by Payments Canada.
Without limiting the generality of section 15 of the Rules and Standards, in each Payee Letter of Undertaking the Payee shall agree that, subject to the expiry of any reasonable cancellation notice period, not to exceed 30 days, that has been clearly set out in any agreement between the Payor and a Payee (including in a Payor’s PAD Agreement), upon receipt by the Payee of any Written or otherwise oral communication from a Payor clearly instructing the Payee to cease issuing PADs or otherwise revoking a Payor’s PAD Agreement or an Authorization to issue PADs, the Payee shall use best efforts to cancel the PAD in the next business, billing or processing cycle but shall within not more than 30 days from the notice cease to issue any new PADs against that Payor and not issue any further PADs against that Payor unless and until that Payor provides the Payee with a new Payor’s PAD Agreement. If you have pre-authorized a credit card then a 30 day cancellation policy will be in effect as well, unless your written agreement states otherwise.
Notices of Change
In each Payee Letter of Undertaking, the Payee shall undertake and agree to (a) accept and act on any notice of change of a Payor’s payment routing information that it receives from its Sponsoring Member that was provided to the Sponsoring Member by the Payor’s Processing Member in relation to an administrative change to that information by the Processing Member pursuant to Rule F1 or F4, as applicable, and (b) deem such notice of change to be that Payor’s authorization to change its relevant payment routing information, provided that the Payee’s Sponsoring Member shall be responsible to the Payee only for the accuracy of information provided in any such notice of change that it provides to the Payee.
Each Payee Letter of Undertaking shall provide that upon the return of a PAD for reason of “NonSufficient Funds” or “Funds Not Cleared”, the Payee may re-present the PAD electronically on a one-time only basis for the same amount as the original debit and such item may only be represented within 30 days, The Payee Letter of Undertaking shall specifically state that a representment shall not contain interest, NSF charges or any other charges in addition to the original PAD amount.
Dependence on Mississauga Consulting Inc.: The contents of any of The Markham Gym or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Mississauga Consulting Inc. be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify The Markham Gym against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Mississauga Consulting Inc. is unable to perform in whole or in part its obligations set forth in these terms, then The Markham Gym shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make The Markham Gym liable to any other party.
Users may not transfer any of their rights under these terms and conditions to any other person. The Markham Gym may transfer their rights under these terms and conditions where B2B Marketing reasonably believes Users rights will not be affected.
These terms and conditions may be varied by The Markham Gym from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions, unless there is a written agreement in place.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Changes to These Terms and Conditions
The Markham Gym has the discretion to update these terms and conditions at any time. When we do, we will revise the updated date at the bottom of this page. You acknowledge and agree that it is your responsibility to review these terms and conditions periodically and become aware of modifications.
Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about these Terms and Conditions, the practices of this site, or your dealings with this site, please contact our webmaster at:
203-211 Watline Ave.
Weekdays from 8AM-8PM