Terms of Services

1. Applicability

Please read these Terms of Service (“Terms”) carefully before using our Platform or placing an order.

These Terms apply to Marc Fitt Inc. (“Marc Fitt,” “we,” “us,” or “our”) and govern your use of the website MarcFitt.com (including subdomains), as well as any related platforms, applications, software, products, and services offered by us (collectively, the “Platform”).

“You” or “your” refers to any individual accessing, using, or purchasing from the Platform.

By accessing or using the Platform or placing an order, you agree to be legally bound by these Terms, forming a binding contract between you and Marc Fitt Inc. and its affiliates.We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Platform or Service following the posting of any changes constitutes acceptance of those changes.

Language Clause / Clause Linguistique:
The parties hereby confirm their express wish that these Terms and all related documents be drawn up in English.
Les parties confirment par la présente leur volonté expresse que ces conditions et tous les documents y afférents soient rédigés en anglais.

2. Online Store & Ordering

2.1 Availability & Stock

• Cart Reservation: Adding an item to your cart does not reserve the stock. The product is allocated to your order only after payment is captured.
• Out of Stock: Receiving a purchase confirmation email does not guarantee all items are in stock. If a product is unavailable, we will email you with an estimated restocking/shipment date or provide a refund before shipping.
• Discontinuation: We reserve the right, at any time and without prior notice, to modify, limit the availability of, or discontinue any Products, Services, or content (or any part thereof), including due to stock limitations or depletion. We shall not be liable to you or any third party for any modifications, price changes, suspension, discontinuation, or unavailability of Products or Services resulting from stock constraints or any other reason.

2.2 Product Details & Accuracy

• Visuals: Images, videos, 3D renderings, and sketches are for illustrative purposes only. Colors and details (such as logo placement) may vary slightly due to production batches or your device’s display settings.
• Descriptions: We aim for accuracy but cannot guarantee that product descriptions or other content are entirely accurate, complete, or error-free.

2.3 Pricing & Promotions

• Price Changes: We reserve the right to change prices for products at any time and to correct pricing errors.
• Price Protection (Locked-In Rate): Notwithstanding the above, the price for any active subscription or recurring service purchased by you is “locked in” at the rate secured at the time of your initial purchase. We will not increase the price of your active subscription without your prior consent or prior notice. Any price increases listed on the Platform will apply to new purchases or new sign-ups only.
• Promotions: Offers cannot be combined with other sales, codes, or coupons unless specified. Discount codes are valid for a limited time and may be modified or cancelled at any time. Orders placed before a sale begins are not eligible for retroactive discounts or credits.
• Gift Cards: Purchasing gift cards does not count toward minimum spending requirements for free shipping or other threshold-based promotions.

2.4 Rights to Refuse or Cancel Orders

We reserve the right to limit, reject, or cancel any order at our discretion without liability. Reasons may include but are not limited to the following:

• Suspicion of fraud, unauthorized activity, or resale.
• Unverifiable address or billing details.
• High rates of returns or exchanges.
• Product unavailability or pricing errors.
• Ineligibility to use specific discount codes.
• Prior violations of our terms and conditions.

2.5 Changes & Cancellations

We cannot guarantee changes or cancellations once an order is submitted. If the order has not shipped, we will try our best to accommodate requests. If the order has shipped, you must wait to receive it and proceed with an exchange (subject to our Return Policy). We are not responsible for additional shipping fees or lost packages resulting from incorrect addresses you provided.

2.6 Currencies

All transactions are charged in USD (United States Dollars) unless specified otherwise. The final charge depends on your bank’s exchange rate. You may be charged International Banking fees by your bank, which are outside our control.

3. Payment & Credits

3.1 Gift Cards

• Activation: Cards have no value until activated. We may delay activation for payment clearance.
• Validity: In accordance with Quebec consumer protection laws, Gift Cards purchased on our Platform do not expire. However, promotional cards given for free (not purchased) may have an expiry date as specified on the card.
• Redemption: Purchases are deducted from the card balance. If the purchase exceeds the balance, you must pay the difference.
• Restrictions: Gift Cards are non-refundable, cannot be resold, and are valid only for the specific store where they were issued.
• Loss: We are not responsible for lost or stolen cards.

3.2 Issued Credit or Gift Card

• Usage: Issued Credits (e.g., for returns or special offers) expire 2 years after issuance unless stated otherwise.
• Non-Transferable: Credits are not redeemable for cash and cannot be transferred.
• Returns on Credit: For orders paid using a combination of Gift Card(s)/Store Credit and another payment method, refunds will be applied to the Gift Card(s) or Store Credit first. Any remaining balance will be refunded to the other payment method originally used.

4. Returns, Refunds & Exchanges

4.1 Physical Products

• Eligibility: You have 30 days from purchase to request an exchange or return. Items must be unused, in the same condition as received, and in original packaging.

• Non-Returnable: “Final Sale” items and discounted items are not eligible for return or exchange.
• Process: Contact us to receive return instructions. You are responsible for return shipping costs. We recommend using a trackable shipping service.
• Refunds: If approved, a refund or exchange will be issued in approximately 10 business days.
  • Shipping charges and Gift Cards are not refundable.

4.2 Digital Products & Final Sale Policy

 All digital files, diet plans, subscriptions and software are considered Final Sale and are non-refundable. Once purchased or downloaded, these cannot be returned.

• Subscriptions: All subscriptions are non-refundable and considered Final Sale. That includes subscriptions linked to your accounts that have been suspended or that you have lost access to for any other reason. This also includes situations where certain product features are temporarily or permanently unavailable. You can cancel your subscription at any time to prevent future billing. However, no refunds or credits will be issued for the current billing cycle or for any partially used subscription periods, except as strictly required by applicable law.
• Personal Programs, Training and Diet Plans: We do not offer refunds, returns, or exchanges under any circumstances. No refunds will be issued if you are unsatisfied with the content, structure, or results of the workout or diet plan.

4.3 Subscription Cancellations

You can cancel your account at any time in your respective account page or by contacting us.

• Cancellation Date: The Effective date depends on your billing cycle.
  • Monthly: If cancelled halfway through the month, access continues for approximately. 15 days.
  • Annual: If cancelled 3 months in, access continues for approx. 9 months.

5. Account Registration & Security

5.1 Registration

To access certain features of the Website, you must create an account and agree to provide true, accurate, current, and complete information during the registration process.

You specifically agree to:

1. Provide true, accurate, current, and complete information about yourself as prompted by the registration form on the Platform; and
2. Maintain and promptly update your information to keep it true, accurate, current, and complete.

If we have reasonable grounds to believe that any information you have provided is untrue, inaccurate, outdated, or incomplete, marcfitt.com reserves the right to suspend or terminate your account, restrict your access to the Website (or any portion thereof), and refuse any current or future use of the Website.

Any personal information you provide during the account registration process will be handled in accordance with our Privacy Policy.

5.2 Passwords and Account Security

You are solely responsible for maintaining the confidentiality of your username and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

You are fully responsible for all activities that occur under your account, including any actions taken by third parties, whether authorized by you or not.

6. Intellectual Property

All content on the Platform (videos, text, graphics, logos, images) is the property of Marc Fitt Inc. or its licensors and is protected by Canadian and international intellectual property laws.

• Usage: Content is for your personal information and entertainment only. You may not copy, reproduce, distribute, or exploit any content for commercial purposes without prior written consent.

7. Health Disclaimers & Liability Limits

• Not Medical Advice: Please consult a doctor before starting any new fitness or nutrition routine. All content provided by Marc Fitt Inc. (including workouts, meal plans, and advice) is for informational purposes only. It is not medical advice, diagnosis, or treatment.
• Assumption of Risk: You use our Products and Services entirely at your own risk. Stop exercising immediately and seek medical attention if you experience dizziness, weakness, chest pain, nausea, shortness of breath, or any unusual symptoms.
• Limitation of Liability: We are not liable for any injuries, health issues, adverse outcomes, or damages arising from your use of our Products, Services, or content. Exercise carries inherent risks, including serious or fatal injury. Everything is provided on an “as is” and “as available” basis, without any warranties. We do not guarantee uninterrupted, timely, secure, or error-free service, nor do we warrant that results will be accurate.
• Individual Results May Vary: Results are not guaranteed and can vary significantly based on genetics, effort, consistency, and diet. Testimonials reflect individual experiences only.

8. Privacy Policy

Your privacy is important to us. Please consult our Privacy Policy to understand how we collect, use, and protect your data.

9. General Provisions

9.1 Governing Law and Dispute Resolution

• Governing Law: These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to principles of conflict of laws.
• Venue: Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, invalidity, breach, or termination thereof, shall be brought exclusively before the courts of competent jurisdiction in the judicial district of Terrebonne, Quebec. You hereby consent to the exclusive jurisdiction and venue of such courts.
• Quebec Consumers: If you are a consumer residing in Quebec, the strict application of this clause does not deprive you of the protection afforded to you by the mandatory provisions of the consumer protection laws in Quebec.

9.2 General Disclaimer of Warranties

• “As Is” Basis: Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, the Platform, Products, and Services are provided on an “as is” and “as available” basis.
• No Implied Warranties: We expressly disclaims all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
• No Guarantee: We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the Services or the accuracy of any information obtained through the Platform.

9.3 Limitation of Liability

• Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Marc Fitt Inc., its directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any Products procured using the Service.
• Liability Cap: Notwithstanding the foregoing, if Marc Fitt Inc. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Platform or any Content, our liability shall in no event exceed the total amount paid by you to us in the six (6) months prior to the event giving rise to the claim.
• Quebec Residents: Legislation in the Province of Quebec may not allow the exclusion or limitation of certain damages (such as damages resulting from the intent or gross negligence of the merchant). If these laws apply to you, some or all of the above exclusions or limitations may not apply to you.

9.4 User Conduct

 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:

• (a) For any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
• (b) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
• (c) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (d) To submit false or misleading information;
• (e) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
• (f) To collect or track the personal information of others;
• (g) To spam, phish, pharm, pretext, spider, crawl, or scrape;
• (h) To interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

9.5 User-Generated Content (UGC)

• License Grant: If you post, upload, or submit content to the Platform or our social media channels (including comments, reviews, photos, videos, or transformation results), you grant Marc Fitt Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
• Representations: You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

9.6 Severability & Entire Agreement 

If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be severed, and the remaining provisions shall remain in effect. These Terms constitute the entire agreement between you and Marc Fitt Inc.

9.9 Contact Information 

Questions about the Terms of Service should be sent to us at: support@marcfitt.com