Terms and Conditions

Last updated: November 1, 2020

By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in a program (“Program”) you (“Client” or “Client”) are entering into a legally binding agreement with Booty by Beyanka Inc. (“Company”) operated by Beyanka Soleymanian “Coach” from, Calgary Alberta, Canada. These terms and conditions (“Terms”) apply to programs, guides, education, and coaching services by Booty by Beyanka Inc. By registering to be a participant in our Program, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

1. COMPANY SERVICES

1.1 The Booty by Beyanka website at www.bootybybeyanka.com (Website) and fitness and nutrition services and products (Fitness Products) are owned by Booty by Beyanka Inc. (‘Booty by Beyanka’, ‘we’, ‘our’, or ‘us’).

1.2 Booty by Beyanka offers a variety of Fitness Products which are promoted via the Website and social media channels including but not limited to:

a. Bomb Booty 1.0 Gym Program – delivered by eBook and email;

b. Bomb Booty 1.0 Home Program – delivered by eBook and email;

c. Booty Bundle - delivered by eBook and email;

d. Total Transformation Coaching – delivered by eBook and email;

e. Access to private Facebook forums for participants in a particular program.

1.3 Booty by Beyanka does not offer face to face personal training and does not offer individually tailored exercise, fitness, or nutrition advice.

1.4 The exercise programs and nutritional guides provided by Booty by Beyanka (Programs) are generic programs based on the goals for fitness or weight loss which you indicate through the Website and limited personal information you provide. They are general guides to fitness and weight loss management, and we do not provide individual nutrition or exercise advice.

1.5 After purchasing Booty by Beyanka Program that is provided via eBook and email; the purchaser will be granted access within 24 hours and will have lifetime access to that Program.

1.6 The Programs do not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.

1.7 Before starting any exercise or weight loss or reduction program including those supplied by Booty by Beyanka, you should make sure that you are not underweight, that you are physically able to participate in any Program part of a Fitness Product and you must seek advice from your medical practitioner before starting a Program.

1.8 If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in a Program.

1.9 Booty by Beyanka does not guarantee any particular outcome as a result of your participation in a Program or use of meal plans or nutrition guides or other Fitness Products.

2. TERMS OF USE

2.1 By registering an Account with us, or using or accessing the Website you will be acknowledging and agreeing that you:

a. have read and understood these terms and conditions and agree to be bound by them;

b. consent to the use of your personal information for the purposes set out in these terms; and

c. consent to receiving communications from us as outlined in paragraph 6 of these terms.

2.2 Booty by Beyanka may amend its terms and conditions from time to time and will post its amended terms on the Website. The date of posting the amended terms on the Website will be the date the new terms come into effect and apply to you. Your continued use of the Website, Fitness Products and purchase of goods and services from Booty by Beyanka after posting of the amended terms will indicate your acceptance of the amended terms.

3. REGISTRATION ON A PROGRAM AND LICENCE

3.1 Clients must be at least 18 years old in order to use or access a Fitness Product or participate in a Program.

3.2 Purchase of a Fitness Product is for you as a single user only. You may not authorise third parties to use any Program, or other digital product or service supplied by us to you via your Account.

3.3 Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only and breach of this term will entitle us to terminate the agreement with you without refund.

3.4 On registration of a Program, Booty by Beyanka grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the Program in accordance with these terms and conditions and solely for your personal use and enjoyment.

3.5 Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including any course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company’s prior written consent.

4. PAYING FOR PROGRAMS AND REFUNDS

4.1 Clients must pay for all Fitness Products and other goods or services ordered through the Website at the time of purchase using the credit card payment facility, via PayPal or Stripe on the Website.

4.2 No other refunds are available in respect of Fitness Products or Programs. As all of our products are digital, they are deemed "used" after download or opening. You acknowledge and agree that Booty by Beyanka does not offer refunds, nor do we accept exchanges or transfers for change of mind or circumstances.

5. PRICING

5.1 All prices quoted on the Website are in United States dollars unless otherwise specified.

5.2 All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

5.3 You agree to pay any additional duties and taxes that your country or state may wish to impose on your order based on the imputed or actual value of the Goods. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the Order confirmation and are charges imposed by the relevant customs or quarantine government department of your country and not Booty by Beyanka.

5.4 You agree to pay any relevant delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

6. PRIVACY

6.1 Booty by Beyanka is committed to protecting your privacy.

6.2 When you register an Account or purchase a Fitness Product, we will have access to personal information about you, such as information relating to your finances. We will protect this information and only use, disclose or deal with this information in accordance with our Privacy Policy.

6.3 Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and participation in Programs and use of Fitness Products.

6.4 If we are required by law or if necessary, for debt collection reasons, your personal information may be disclosed to a third party.

6.5 Clients consent to the disclosure of their personal information for the Purposes including to overseas recipients.

6.6 Overseas recipients may include entities providing services to us (including computer servers) based in India or worldwide.

6.7 We may use SMS and/or email to communicate with you. From time to time, we may send you information about Booty by Beyanka by post, email, telephone call or SMS.

6.8 We may need to contact you to:

a. administer accounts and process payments;

b. communicate with you regarding any issues affecting your registration on a Program or use of the Fitness Products;

c. provide reminders of Program key dates;

d. provide you with our periodic newsletters and updates about our services or special offers available to you; and

e. conduct market research or surveys to improve the services provided by Booty by Beyanka.

6.9 If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. Clients acknowledge that if they opt out of receiving SMS or other communications from us, this may adversely affect your participation in a Program.

6.10 Booty by Beyanka may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.

7. RULES INCLUDING USE OF SOCIAL MEDIA

7.1 Clients must:

i. ensure that their login details for the Website (including usernames and passwords) are kept confidential and not disclosed to any other party;

ii. notify Booty by Beyanka immediately if you suspect or know that your Account has been accessed without your authority;

iii. accept responsibility for all activity on your Account or Program which takes place using your login or password;

iv. not use a Program, Fitness Product or the Website for any illegal purpose;

v. not undertake any activity which uses, exploits or affects the Brand or the Booty by Beyanka Intellectual Property except for the purposes of your personal participation in a Program or personal use of any goods or services purchased through the Website;

vi. not interfere with the enjoyment of another Client;

vii. not perform any fraudulent activity in connection with a Program or the Website;

viii. not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology.

7.2 Some Programs offer participation in private Facebook forums. Clients agree that at all times when participating in such forums or when posting about Booty by Beyanka on any social media platform they will:

i. treat other Clients and Booty by Beyanka (and its staff and contractors) with dignity, support and respect;

ii. not display or engage in activity that facilitates illegal activity;

iii. not post, publish, distribute or display sexually explicit images or words;

iv. not promote violence; and

v. not post, publish, distribute, or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.

7.3 Booty by Beyanka reserves the right, in its absolute discretion, to remove any social media content and any information posted on any APP or website or social media forum which Booty by Beyanka considers breaches the rules set out in this agreement.

7.4 Clients are responsible for obtaining and maintaining the data network access to use the Website and Programs. Clients are also responsible for updating their devices to enable use of the Website and Programs and any updates to the Website.

7.5 Clients are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean, and suitable for the purpose of undertaking the Program or use of other Fitness Product.

8. SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR USE OF THE WEBSITE

8.1 Booty by Beyanka may suspend or terminate your Account or registration on a Program at any time should it consider that you have breached these terms and conditions, or it is otherwise appropriate to do so.

8.2 Booty by Beyanka will suspend or terminate the Account by written notice to the User (which will include notice by email). This may include but is not limited to when a User is being investigated by Booty by Beyanka or where the Client is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.

8.3 Booty by Beyanka may amend or remove your membership of any Facebook or other social media groups associated with a Program, or any posts you place on such social media platforms at any time at its absolute discretion.

8.4 Clients may stop using a Program and the Website at any time.

9. COMPLAINTS

9.1 Clients may make a complaint about any goods or services supplied by Booty by Beyanka or any other matter concerning Booty by Beyanka by email to info@bootybybeyanka.com

9.2 Clients must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint and attach copies of any documentation which supports the complaint.

9.3 Booty by Beyanka will investigate the complaint and endeavour to respond within 14 Business Days.

10. RISK WARNINGS AND DISCLAIMERS

10.1 You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in Programs or accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:

a. known or unknown health problems or previous injuries;

b. pregnancy;

c. engaging in activity which is too strenuous for your level of fitness and health;

d. tripping or slipping – including over fitness equipment both at home and in a gym; and

e. attempting an activity which is beyond your exercise capability

10.2 Booty by Beyanka and all of their members, officers, employees, agents, and representatives are not licensed dietitians, physicians, or trainers and do not hold themselves out to possess professional expertise in dietetics or medical matters. I acknowledge and agree that any information, guidelines, or advice provided by Booty by Beyanka are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.

10.3 You understand that any exercise, nutrition guides and email coaching offered, conducted or promoted by Booty by Beyanka are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Program. As with any fitness program you assume certain risks to your health and safety. Any form of fitness program can cause injuries, and Booty by Beyanka is no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that Booty by Beyanka (like any other exercise program) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

10.4 There may be risks associated with participating in activities mentioned on the Website for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any programs available at Booty by Beyanka if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary and physical activities. These risks may also exist for those who are currently in good health right now.

10.5 Beyanka is not a medical doctor. Her advice whether it be on the Website, social media channels, in her nutrition plans, fitness programs or via her email coaching is intended as a substitute for medical advice. You must consult your doctor before beginning ANY nutrition plan or fitness program. You are using the Booty by Beyanka programs and coaching at your own risk and Booty by Beyanka is not responsible for any injuries or health problems you may experience or even death as a result of using Booty by Beyanka.

10.6 It is to be made clear that Booty by Beyanka is not responsible for any injuries or health problems you may experience or even death as a result of using any products or services from Booty by Beyanka.

10.7 All the transformations and testimonials on the Website are real. These testimonials are not claimed to represent typical results from the Goods. Rather, they are examples of what the most motivated and dedicated people can achieve from the Goods. Your results may vary and you may not get the same results compared to someone else when using the services on Booty by Beyanka due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon the individual and how much effort you put in.

10.8 Booty by Beyanka does not guarantee that the Website will function on any particular device and Clients acknowledge and agree that the Website may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.

11. WARRANTIES (BY CLIENTS)

11.1 You represent and warrant to Booty by Beyanka that:

a. you are 18 years old or over;

b. you have sought and obtained advice from your medical practitioner before commencing any Program or following any meal plan or nutrition guide supplied by us;

c. all information and documentation provided to Booty by Beyanka from time to time is true and accurate and not misleading in any respect;

d. you will exercise in a place which is safe and suitable for the Program;

e. you will abide by these terms and conditions at all times; and

f. you will be responsible for the management of any food allergies or intolerances.

12. INTELLECTUAL PROPERTY AND OWNERSHIP

12.1 The Booty by Beyanka logo and trade marks, the Brand and these terms and conditions, the content of Programs, Website, Fitness Products, Nutrition Guides and e-books and any materials we provide to you in connection with a Program (Booty by Beyanka Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Canadian law, international conventions and other laws.

12.2 You undertake not to copy, publish, or reproduce in whole or in part, the Booty by Beyanka Intellectual Property except as is expressly permitted by these terms and conditions.

13. LIMITATION/EXCLUSION OF LIABILITY

13.1 By using Company’s services and enrolling in the Program, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $200. All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

13.2 All implied terms, conditions, warranties, rights, or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:

a. negligence or fault of Clients;

b. the acts or omissions of a third party unconnected with the provision of goods or services by Booty by Beyanka;

c. any defect in or complaint about the quality, suitability or availability of a Program or Fitness Product;

d. delays in the functionality of, or inability to access the Website (and to this end Booty by Beyanka does not guarantee or warrant that the Website will be uninterrupted or error fee);

e. any behaviour by a Client towards another Client or third parties which is defamatory, libellous, unlawful, or offensive way towards other Clients or third parties.

13.3 We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.

13.4 Clients agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Clients to the maximum extent permitted by law.

13.5 Booty by Beyanka will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Client Content, personal injury, death or property damage in connection with or referable to a Client’s use of the Website or other goods or services provided in connection with or referable to the Website and any Program.

14. INDEMNITY

14.1 Clients agree to indemnify and hold Booty by Beyanka and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:

a. a Client’s use of the Website or participation in Programs;

b. use of products purchased through the Website;

c. a Client’s breach of these terms and conditions;

d. our use of your Client Content;

e. a Client’s breach of duty of care, or negligence towards another Client; or

f. a Client behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful, or offensive way towards other Clients or third parties.

15. NON-DISPARAGEMENT

15.1 In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

16. NOTICE

16.1 We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Clients may give notice to us by email to info@bootybybeyanka.com

17. ASSIGNMENT

17.1 Booty by Beyanka may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Client.

17.2 Booty by Beyanka may transfer ownership of the Programs, and the Website at any time without the consent of the Client and the Client hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of Booty by Beyanka or its business and assets.

18. SEVERANCE

18.1 If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.

19. CHOICE OF LAW/VENUE

19.1 This Agreement shall be governed by and construed in accordance with the laws of the province of Alberta without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the province of Alberta, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the nonprevailing party in order to enforce the provisions of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

YOUR ACKNOWLEDGMENTS AND CONSENTS

By registering an Account, you acknowledge and agree that:

a. you have read and understood these terms and conditions and agree to be bound by them;

b. you are responsible for all costs incurred by you with respect to your usage of the Programs, and e-books on a mobile device including data usage fees and other telecommunications fees;

c. you give permission for Booty by Beyanka to disclose your personal information in accordance with these terms and conditions; and

d. you consent to receiving any communications from us as outlined in section 6 above however you may opt out at any time.

DEFINITIONS

In these terms and conditions, the following words have the following meanings:

Account means a Clients Account registered through the Website;

Booty by Beyanka Intellectual Property has the meaning given to it in clause 12.1 above;

Brand means the distinctive appearance, image, goodwill and reputation that attaches to the Website, and all other materials supplied through the Website, the Booty by Beyanka trademarks and the application of the trademarks and the Booty by Beyanka Intellectual Property to goods, services and premises and includes the distinctive image, Brand positioning and client appeal created by the appearance, layout, general ambience and presentation of the Website, and goods and services provided through the Website;

Business days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Alberta, Canada;

Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;

Client means any person who registers an account on the Website;

Client content means any words, images, links, or other content posted by a Client on the Website, any APP, Facebook or any other social media forums; and

Privacy Policy means the Booty by Beyanka privacy policy displayed on the Website from time to time.