Terms & Conditions for Users

Effective as of May 21, 2019

General

The following Terms and Conditions (i.e. the "Terms") form a binding agreement between you the Customer and Rinse Inc. (i.e. “Rinse”). The Terms must be read together with the Privacy Policy that governs the use of this Platform.

By using or visiting our (mobile) website or any of our applications through whatever platform (the “Platform”) and/or by completing a booking, you expressly acknowledge and agree to have read, understood, and agreed to the Terms set out below (including the Privacy Policy) as well as all applicable laws and regulations governing the Platform. If you do not agree to these Terms, you may not access or use the Services.

Rinse reserves the right to update and amend these Terms at any time, including but not limited to the Privacy Policy. Updates and changes to these Terms will be accessible through the URL where they first appeared. In order to remain up-to-date, Customers should therefore review the Terms from time to time, including but not limited to the Privacy Policy. If you use or visit this Platform after the Terms & Conditions have been updated or amended, your will be considered to have accepted said updates or amendments. It is therefore important that you review these Terms periodically and keep your contact information up to date to ensure you receive any email we may send if and when the Terms are modified.

Table of Contents

  1. Definitions
  2. Scope and Nature of Service
  3. Account Registration
  4. Electronic Communications
  5. Privacy
  6. User Requirements and Conduct
  7. Ownership, Copyright and Trademarks
  8. Booking Process and Payment
  9. Booking Modifications, Cancellations and Refunds
  10. Disclaimers and Limitation of Liability
  11. Indemnification
  12. Applicable Law, Jurisdiction & Disputes

  1. Definitions

    “Customer” refers to the person accessing or using the website, application, content and services or the company or organization on whose behalf that person accesses or uses the Site.

    “Partners” refers to the network of Gyms, Yoga studios and Spas providing spaces and services for purchase by Customers on the Platform.

    “Platform” refers to the (mobile) website and app on which the Services are made available and which is owned, controlled, managed, maintained, and/or hosted by Rinse Inc.

    “Rinse”, “https://gorinseyourself.com”, “us”, “we” or “our” means Rinse Inc., a corporation incorporated under the Canada Business Corporations Act (R.S.C., 1985, c. C-44), and having its registered office at 2419 Harriet-Quimby Street, Montreal, Québec, H4R 3E3, Canada.

    “Services” refers to the online purchase, order, payment, or reservation of services as offered or enabled by Rinse Inc. in respect to various services as from time to time made available by Partners on the Platform.

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  2. Scope and Nature of Service

    The Services constitute a technology platform that enables users of Rinse’s mobile applications or websites provided as part of the Services to arrange and schedule shower access and/or other amenities and services with independent third-party providers of such services, under agreement with Rinse (“Partners”). Unless otherwise agreed by Rinse in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

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  3. Account Registration

    You must register an account (“Rinse Account”) to access and use the Services of the Rinse Platform by using an email address and creating a password. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain a Rinse Account. You must provide accurate, current and complete information during the registration process and keep your Rinse Account information up-to-date at all times.

    You agree to maintain the confidentiality and security of your Rinse Account credentials, except as otherwise provided for in the Privacy Policy. You are responsible for all activities that take place under your Rinse Account. If you become aware of any unauthorized use of your password or of your Rinse Account, you must notify Rinse immediately by contacting us, unless otherwise permitted by Rinse in writing, you may only possess one Rinse Account.

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  4. Electronic Communications

    Rinse will communicate with its Customers electronically, primarily through e-mail and the app. As a Customer, you give your consent that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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  5. Privacy

    You hereby consent and agree to the use and disclosure of your personal information in accordance with our Privacy Policy. For information on how Rinse Inc. collects, uses and discloses personally identifiable information from its Customers, please refer to Rinse’s Privacy Policy

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  6. User Requirements and Conduct

    The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use Services from the Partners unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.

    You agree to comply with all applicable laws when using the Platform. The Customer shall not use the Platform for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Rinse; (v) that prevents other Customers from using and enjoying the Platform.

    You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Partners or any other party. In certain instances, you may and will be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

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  7. Ownership, Copyright and Trademarks

    Unless otherwise indicated, the Platform contains proprietary materials that the Customer acknowledges and undertakes not to reproduce without express written authorization from Rinse. These materials include, but are not limited to, any and all text, images, marks, logos and other content contained therein, including, but not limited to, the Rinse trade-mark and logo, its Partner trade-mark and logo, and all designs, text, graphics, pictures, information, data, software code, sound files, other files, and the selection and arrangement thereof, including custom graphics, button icons, and/or trade dress (collectively, the "Site Content"). The Site Content is the proprietary property of Rinse or its affiliated companies, Partners, or content suppliers, all of which are protected by Canadian and international copyright laws. Rinse, its logo, and all other product or service names or slogans displayed on the Platform are registered and/or common law trademarks of Rinse and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express written consent of Rinse or the applicable trademark holder.

    All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trade-mark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rinse.

    Any violation of the aforementioned rights will constitute a material infringement of our intellectual property rights. Such infringements may result in any recourse that is deemed necessary and may subject the Customer to civil and/or criminal penalties.

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  8. Booking Process and Payment

    Subject to meeting any requirements (such as completing any verification processes) set by Rinse and/or the Partner with whom you have booked Services, you can book Services available on the Rinse Platform by following the booking process. All applicable fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking any Services. You agree to pay the Total Fees for any booking requested in connection with your Rinse Account.

    Upon receipt of a booking confirmation from Rinse, a legally binding agreement is formed between you and your chosen Partner, subject to any additional terms and conditions of the Partner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Services. Rinse will collect the Total Fees at the time of the booking or upon the Partner’s confirmation pursuant to the Payment Terms.

    The Total Fees are due immediately and payment will be facilitated by Rinse using the preferred payment method designated in your Account, after which Rinse will send you a receipt by email. If your primary Rinse Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Rinse may use a secondary payment method in your Rinse Account, if available.

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  9. Booking Modifications, Cancellations and Refunds

    Subject to any requirements set by the Partner, you must show up to your booking within 2 hours from the time you received your booking confirmation. If you are unable to show up within the allotted time, you may cancel for a full refund or modify your booking at no additional cost, so long as these steps are taken within 2 hours of the booking confirmation.

    Partners and Customers are responsible for any modifications to a booking that they make via the Rinse Platform ("Booking Modifications") and agree to pay any additional Fees and/or Taxes associated with such Booking Modifications.

    Please note that by making a booking with a Partner, you also accept and agree to the relevant cancellation policy of that Partner. If the Partner’s cancellation policy differs from Rinse’s own cancellation policy (as described hereinabove), Rinse will refund the amount of the Total Fees due to the Customer in accordance with the Partner’s cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Partner under the applicable cancellation policy will be remitted to the Partner by Rinse pursuant to the Payment Terms.

    If a Partner cancels a confirmed booking, the Customer will receive a full refund of the Total Fees for such Booking. In some instances, Rinse may allow the Customer to apply the refund to a new booking, in which case Rinse will credit the amount against the Customer’s subsequent booking at the Customer’s direction.

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  10. Disclaimers and Limitation of Liability

    Rinse makes no warranties of any kind, express or implied, as to the operation of the Platform or the content, information, products, or services that are featured on the Platform. The Services on this Platform are provided “as is” and “as available”. To the full extent permissible by applicable law, Rinse disclaims all warranties, express or implied, including, but not limited to, implied warranties on the part of our Partners for a particular purpose. Rinse does not warrant that this Platform, its servers, or emails sent from the Platform, are free from harmful components, such as viruses.

    The Customer agrees to use this Platform at his or her own risk. To the extent permitted by law, the Customer expressly understands and agrees that Rinse, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing Rinse content, will under no circumstances be liable for (i) any direct, indirect, consequential, or punitive damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, (ii) any errors, inaccuracies, omissions or other defects in the information contained on this Platform, (iii) the services rendered or the products offered by the Partners, or (iv) any personal injury, death, property damage, or other direct, indirect, special, consequential, or punitive damages, losses, or costs suffered, incurred or paid by you, whether due to legal acts, errors, breaches, negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose services or products are directly or indirectly made available, offered, or promoted on or through the Platform, including any cancellation, overbooking, or any other event beyond our control.

    Rinse’s Services may be used by you to request and schedule shower access and/or other amenities services with our third party Partners, but you agree that Rinse has no responsibility or liability to you related to any Services provided to you by our third party Partners other than as expressly set forth in these terms.

    The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

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  11. Indemnification

    The Customer agrees to indemnify and hold Rinse, its affiliates, and each of their advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, agents, service providers and other contractors (collectively, "Rinse Group"), harmless from and against any loss, liability, claim, damage and expenses (including but not limited to reasonable attorneys’ fees, accounting expenses, and legal costs), made by any third party arising from or related to (a) the Customer’s access to or use of the Platform and Services, including, without limitation, Customer or others' access to content or other materials available by means of the Platform, or Customer purchasing of goods or services from third parties; (b) Customer’s violation of these Terms, including, without limitation, any representation or warranty contained in this agreement; or (c) content or information on any products, postings, offerings, data or materials. The Rinse Group will have the right, but not the obligation, to participate, through counsel of their choice, in any defense by the Customer or in any claim in which the Customer is required to defend, indemnify or hold harmless the Rinse indemnified parties (i.e. "indemnified claim'). The Customer may not settle any indemnification claim without the prior written consent of the concerned Rinse indemnified parties.

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  12. Applicable Law, Jurisdiction & Disputes

    These terms and conditions and the provision of our services shall be governed by and construed in accordance with Canadian law. The Platform (excluding Third-Party Sites) is controlled and operated by Rinse from its offices in Montreal, Quebec. If there is any dispute about or involving the Platform, the Customer agrees that the dispute will be governed by the laws of the Province of Quebec and the federal laws of Canada without regard to its conflict of law provisions. These Terms, including the Privacy Policy, constitute the entire agreement between Customer and Rinse with respect to the subject matter hereof and govern Customer’s use of Rinse’s Platform, superseding any prior understanding and agreement between Customer and Rinse in relation to the subject matter hereof for the use of the Platform. The section headings in these Terms are for convenience only and have no legal or contractual effect.

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