MEAVIA.CA CONDITIONS OF USE

 


 

Last updated: January 01, 2022

Please Carefully Review the Below Agreement, Contract, Terms and Conditions Which Form The Foundation of This Agreement

MeaVia Agreement

I understand that MeaVia is a group plan providing access to various benefits, products, and services(benefits) outside the control of MeaVia. I have had the opportunity to review these benefits, there terms and conditions to my satisfaction directly from the provider. I hold MeaVia harmless from any liability in relations to these benefits. Links have been provided below to various providers strictly for your convenience.

https://www.goodlifefitness.com/home.html

 

MeaVia Client Contract

The Customer acknowledges they may cancel this yearly contract within ten (10) days of the contract coming into force. Subject to the ten (10) day cancellation right of the Customer, the Customer acknowledges that the provision of services from Meavia is based off a one (1) year commitment from the Customer. Without limiting the obligation of the Customer to continue the Contract for one year, Meavia offers various payment options as a courtesy to the Customer. In the event the Customer cancels this contract ten (10) days after the contract comes into force, the Customer acknowledges they are still liable to pay for the entire one year term. The Customer acknowledges that this is a genuine pre-estimate of damages Meavia will suffer as the rates Meavia has secured from third-party service providers is based off one year commitments.

Further more, MeaVia memberships automatically renew on each annual anniversary for an additional 12 month term. MeaVia members may cancel their membership renewal with proper notification provided 30 days prior to renewal.  

Any suit, action or proceeding arising out of or relating to this Agreement shall be brought in any court in the Province of Alberta, Canada having jurisdiction over the subject matter thereof and the parties irrevocably and unconditionally attorn and submit to the jurisdiction of such court. The parties irrevocably waive and agree not to raise any objection that either might now or hereafter have to the bringing of any such suit, action or proceeding in any such court, including any objection that the place where such court is located is an inconvenient forum or that there is any other suit, action or proceeding in any other place relating in whole or in part to the same subject matter. Each party agrees that any final judgment or order against it in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and consents to any such judgment or order being recognized and enforced in the courts of its jurisdiction of incorporation or any other jurisdiction where it carries on business or has assets.

The maximum liability arising from any suit, action or proceeding relating to this agreement shall be a return of premiums paid.

This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta.

At our sole discretion, we can change any section in this Agreement. Any change to this Agreement applies to both your outstanding and future obligations. Where required by law, we’ll provide you with notice of any change in writing at least 30 days before the change takes effect. Our notice will specify the date the change takes effect and will provide either the old section and the newly amended section, or just the newly amended section.

Where permitted by law, you agree that you may bring claims against Meavia only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

Acknowledgement and agreement: The applicant confirms they have had the opportunity read, review and agree to:

  1. The Terms of this agreement
  2. The members benefits information available for review on www.meavia.ca
  3. The price of membership shown during the membership application in Canadian Dollars
  4. MeaVia Terms and Conditions available for review on www.meavia.ca
  5. The terms, conditions and method of payment
  6. Services will available on the second business day from application or sooner. Applicant has had the opportunity to read, review and agrees to specific services Terms, Conditions, Exclusions and Waiting Periods available on www.meavia.ca or through specific service provider
  7. A $50 Cancellation Fee will be applied to missed or cancelled appointments unless a minimum of 24 hours notice has been given in advance. The Cancellation Fee will automatically be debited from the members payment method on file.
  8. Appropriateness of Physiotherapy sessions are determined solely by MeaVia or its designate.

Declaration: The applicant, proposed members and payor confirm:

  1. They were present when their portion of this application with MeaVia was completed
  2. They reviewed all their answers and statements recorded in this application
  3. That all information they supplied in connection with this application is complete and true, and was provided by them
  4. They agree that their personal information may be shared as set out in MeaVia’s Privacy Policy

MeaVia Inc.
Corporately Registered Office: #410, 316 Windermere Road NW, Edmonton Alberta T6W 2Z8
E-Mail: mymeavia@meavia.ca

Terms and Conditions

Welcome to www.MeaVia.ca (the “MeaVia.ca site”)., and/or its affiliates (“MeaVia.ca”) provide website features and other products and services to you when you visit or shop at the MeaVia.ca site, use MeaVia.ca products or services, use MeaVia.ca applications for mobile, or use software provided by MeaVia.ca in connection with any of the foregoing (collectively, “MeaVia.ca Services”). MeaVia.ca provides the MeaVia.ca Services subject to the following conditions. Note all references to time including but not limited to hours and days are specific to regular business operating hours in the province of Alberta Canada Monday to Friday 9:00 am to 5:00pm, less statutory holidays. 

Unless otherwise stated, Bi-weekly refers to a period of 14 consecutive calendar days and Monthly refers to a period of a single Calendar month.  

By using MeaVia.ca Services, you agree to these conditions. Please read them carefully.

We offer a wide range of MeaVia.ca Services, and sometimes additional terms may apply. When you use a MeaVia.ca Service, you also will be subject to the guidelines, terms and agreements applicable to that MeaVia.ca Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of the MeaVia.ca Services, to understand our practices.

Electronic Communications

When you use any MeaVia.ca Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the MeaVia.ca site or through other MeaVia.ca Services, such as our Message Centre. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any MeaVia.ca Service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of MeaVia.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any MeaVia.ca Service is the exclusive property of MeaVia.ca and protected by Canadian and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any MeaVia.ca Service are trademarks and trade dress may not be used in connection with any product or service that is not MeaVia.ca, Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MeaVia.ca, Inc. or its affiliates. All other trademarks not owned by MeaVia.ca, Inc. or its affiliates that appear in any MeaVia.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MeaVia.ca or its affiliates.

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, MeaVia.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the MeaVia.ca Services. This licence does not include any resale or commercial use of any MeaVia.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any MeaVia.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MeaVia.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No MeaVia.ca Service, nor any part of any MeaVia.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MeaVia.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MeaVia.ca without express written consent. You may not use any meta tags or any other “hidden text” utilizing MeaVia.ca’s name or trademarks without the express written consent of MeaVia.ca. You may not misuse the MeaVia.ca Services. You may use the MeaVia.ca Services only as permitted by law. The licenses granted by MeaVia.ca terminate if you do not comply with these Conditions of Use or any Service Terms.

MeaVia Annual Membership

The Customer acknowledges they may cancel this yearly contract within ten (10) days of the contract coming into force. Subject to the ten (10) day cancellation right of the Customer, the Customer acknowledges that the provision of services from Meavia is based off a one (1) year commitment from the Customer. Without limiting the obligation of the Customer to continue the Contract for one year, Meavia offers various payment options as a courtesy to the Customer. In the event the Customer cancels this contract ten (10) days after the contract comes into force, the Customer acknowledges they are still liable to pay for the entire one year term. The Customer acknowledges that this is a genuine pre-estimate of damages Meavia will suffer as the rates Meavia has secured from third-party service providers is based off one year commitments.

MeaVia & Your Account

You may need your own MeaVia account to use certain MeaVia.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. MeaVia.ca does sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the MeaVia.ca Services only with involvement of a parent or guardian. MeaVia.ca reserves the right to refuse service, terminate accounts, terminate your rights to use MeaVia.ca Services, remove or edit content, or cancel orders in its sole discretion.

As a group plan the MeaVia Membership plan can be terminated or altered at any time.

MeaVia may require changes to the terms of this Agreement including but not limited to fees, policies, administrative procedures, terms and conditions etc. MeaVia may make a material change to the terms of the membership or related programs, services, products or benefits, by giving a minimum of thirty (30) days prior written notice of the details of the change. The notice will be sent electronically to the member or participants email on file and will be posted to the website. Such changes will be effective as of the date stated in such notice.

The Customer acknowledges and agrees that MeaVia may share information provided to MeaVia with any of its partner organizations, subsidiaries, and product suppliers. See MeaVia’s privacy section for more information

The Customer acknowledges and agrees that MeaVia provides group benefits through various providers. These providers have their own rules and regulations. In the event that a provider is unable or unwilling to continue to provide services to the Customer, the Customer acknowledges that they will have no recourse against MeaVia, its directors, officers, agents, employees or affiliates.

Client can not change or cancel selected affiliate/representative without cancelling membership and reapplying.

If a client cancels their membership or membership is terminated in any form, then reapplies for MeaVia the client is considered a new applicant for any benefits that have a waiting period, exclusion period or any requirement for a membership time frame.

Non payment within 31 days of membership fee owed or cancellation of the MeaVia membership will lead to the immediate termination of all products or services applied, purchased and/or qualified for with MeaVia and/or under the MeaVia membership program. Likewise, Non-payment of any additional products or services within 31 days of fee owed will lead to the immediate termination of said product or service. Additional products or services can not be maintained without a MeaVia Membership in good standing.

If first payment of MeaVia membership is not received or is returned no product or service will be initiated. Likewise, if first payment of additional products or services is not received or is returned no additional products or services will be initiated.

Any payment other then Credit Card is susceptible to a hold and/or a surcharge.

Once a membership, product, or service is terminated by any source the member or client loses all access to provided products, services, and benefits. Termination or cancelation of a MeaVia membership and/or additional product or service will result in no form of refund or compensation.

If a member adds a family member the family members waiting periods and exclusions start at the time they are added. If a member or covered family member is removed then added again their waiting periods and exclusions start over.

Cancelation

Memberships are held under the name of the primary applicant/member and can only be changed or terminated by the primary applicant/member.

Membership terminations must be in writing providing a 30 Day processing time and payment stop time.

There will be no refund of premiums paid outside of the legislatively required first 10 day cancellation right.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MeaVia.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant MeaVia.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant MeaVia.ca and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MeaVia.ca for all claims resulting from content you supply. MeaVia.ca has the right but not the obligation to monitor and edit or remove any activity or content. MeaVia.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

MeaVia.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact MeaVia at MyMeaVia.ca

Risk of Loss

Risk of loss and title for items purchased from MeaVia.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

MeaVia.ca does not take title to returned items until the item arrives at our facility. At our discretion, a refund may be issued without requiring a return. In this situation, MeaVia.ca does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy.

Providers

The Customer acknowledges that MeaVia is providing services under a group plan by way of different providers. In accepting the services of these providers the Customer agrees to follow the rules and regulations of these providers. The Customer acknowledges that failing to follow the rules and regulations of a provider could lead to the provider terminating services to the Customer.

In the event any services are terminated by a provider for any reason, the Customer acknowledges that MeaVia will have no liability towards the Customer for the same.

The Customer acknowledges that the services provided are solely provided by various service providers. Under no circumstances will MeaVia be held liable for the actions of its service providers nor the inability or refusal of a service provider to provide services to the Customer.  Without limiting the foregoing, pre-existing issues of the Customer which disqualify the Customer for service from a service provider are in no way the responsibility of MeaVia.

Providers may provide MeaVia compensation for services or products obtained or reserved by MeaVia or MeaVia Members.

MeaVia its staff, contractors, affiliates or representatives can not make any promises, assurances or guarantees for any product, service, or benefit provided by partner organisation, subsidiaries, or product suppliers including brokerages. Clients must refer to specific product, service, or benefit for specific and detailed information. The Customer acknowledges that each of the individual services providers have their own set of services and excluded services. The Customer agrees to make itself aware of these policies and agrees that in no way is MeaVia making any promises or guarantees in regards to what services will be provided.

Product Descriptions

MeaVia.ca attempts to be as accurate as possible. However, MeaVia.ca does not warrant that product descriptions or other content of any MeaVia.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by MeaVia.ca itself is not as described, your sole remedy is to return it in unused condition.

Pricing

MeaVia membership prices can change from increased product, service or benefit costs, increase operational costs, or any other factors. Accordingly, MeaVia, in its sole discretion, may change its membership prices to reflect these changes. Clients will be given 30 days notice before fees are increased.

MeaVia partner provider cost and prices may change at the sole discretion of the provider, MeaVia will automatically adjust these prices charged to clients. MeaVia will endeavour to provide 30 days notice of these changes.

With respect to items sold by MeaVia.ca, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

Other Businesses

Parties other than MeaVia.ca operate stores, provide services or software, or sell product lines through the MeaVia.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from MeaVia. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. MeaVia.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Further Consumer Protect Information

Any suit, action or proceeding arising out of or relating to this Agreement shall be brought in any court in the Province of Alberta, Canada having jurisdiction over the subject matter thereof and the parties irrevocably and unconditionally attorn and submit to the jurisdiction of such court.  The parties irrevocably waive and agree not to raise any objection that either might now or hereafter have to the bringing of any such suit, action or proceeding in any such court, including any objection that the place where such court is located is an inconvenient forum or that there is any other suit, action or proceeding in any other place relating in whole or in part to the same subject matter.  Each party agrees that any final judgment or order against it in any such suit, action or proceeding brought in such a court shall be conclusive and binding upon it and consents to any such judgment or order being recognized and enforced in the courts of its jurisdiction of incorporation or any other jurisdiction where it carries on business or has assets. This Agreement shall be governed and construed in accordance with the laws of the Province of Alberta. At our sole discretion, we can change any section in this Agreement. Any change to this Agreement applies to both your outstanding and future obligations. Where required by law, we’ll provide you with notice of any change in writing at least 30 days before the change takes effect. Our notice will specify the date the change takes effect and will provide either the old section and the newly amended section, or just the newly amended section. Where permitted by law, you agree that you may bring claims against Meavia only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE MEAVIA.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEAVIA SERVICES ARE PROVIDED BY MEAVIA.CA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MEAVIA.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MEAVIA.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEAVIA.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MEAVIA.CA SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MEAVIA.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MEAVIA.CA DOES NOT WARRANT THAT THE MEAVIA.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEAVIA.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM MEAVIA.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEAVIA.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MEAVIA.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MEAVIA.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any MeaVia.ca Service, or to any products or services sold or distributed by MeaVia.ca or through MeaVia.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

Site Policies, Modification, and Severability

Please review our other policies posted on the MeaVia.ca site. These policies also govern your use of MeaVia.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

MeaVia Inc.
PO Box 24070 Windermere PO
Edmonton, AB
T6W 0L0

Additional MeaVia Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with MeaVia.ca Services (the “MeaVia Software”).

  1. Use of the MeaVia Software. You may use MeaVia Software solely for purposes of enabling you to use and enjoy the MeaVia.ca Services as provided by MeaVia.ca, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the MeaVia Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the MeaVia Software or otherwise assign any rights to the MeaVia Software in whole or in part. You may not use the MeaVia Software for any illegal purpose. We may cease providing any MeaVia Software and we may terminate your right to use any MeaVia Software at any time. Your rights to use the MeaVia Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain MeaVia Software that are specifically identified in related documentation may apply to that MeaVia Software (or software incorporated with the MeaVia Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any MeaVia Service is the property of MeaVia.ca or its software suppliers and protected by Canadian and international copyright laws.
  2. Use of Third Party Services. When you use the MeaVia Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the MeaVia Software, whether in whole or in part, or create any derivative works from or of the MeaVia Software.
  4. Updates. In order to keep the MeaVia Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations. You must comply with all export and re-export restrictions and regulations of Foreign Affairs and International Trade Canada, and other Canadian agencies and authorities that may apply to the MeaVia Software.