Terms and Conditions
Last updated: March 9th, 2021
Welcome and thank you for choosing YMCA at Home and Y@HOME+!
YMCA at Home, Y@HOME+, and all related Apps are directly, wholly-owned programs and services of the YMCA of Greater Vancouver. They YMCA of Greater Vancouver is a registered charity providing vital community services that have a positive impact on some of the community's most pressing social challenges.
Please review these following Terms & Conditions carefully.
These Terms and Conditions (these "Terms") are a legally binding agreement between the YMCA BC (referred to in these Terms as "YMCA," “YMCA’s,” “YMCA at Home,” “Y@HOME+,” "we," "our," "us" and similar terms) and each person who accepts these Terms (referred to as "you," "your," “my,” “I,” and similar terms).
These Terms govern your use of https://www.ymcahome.ca/ and all related web applications, mobile applications, television applications, other technology, and websites (collectively referred to as “Apps” and similar terms) provided by the YMCA Greater Vancouver and all services we provide to you through one or more of our Apps.
By clicking “Review and Subscribe”, “Subscribe”, "I Accept" or taking similar action or by using https://www.ymcahome.ca/ or any of our other Apps, you expressly acknowledge that you have read and understand and agree to these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE APPS.
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YMCA Commitment to Privacy
The YMCA of Greater Vancouver is committed to protecting personal information by following responsible information handling practices. We collect and use personal data in order to better meet your service needs, to ensure a safe environment while you are using our services, for statistical purposes to inform you about the YMCA program in which you are registered, to complete payment transactions and to satisfy regulatory obligations. You may also hear from us periodically about other YMCA programs, services and opportunities that may interest and benefit you.
The information we obtain from and about you may be used for the following purposes:
to create your profile on our website and/or apps;
to determine your eligibility for products and services;
to help us better understand the current and future needs of our users;
to help us better manage our business and your relationship with us;
if you deal with another YMCA or YMCA-YWCA, we may consolidate and/or share the information you provide to your YMCA/YMCA-YWCA and/or us to allow us to manage our respective relationships with you;
if you also deal with another YMCA or YMCA-YWCA, they may share with us information you have provided to them for the purposes adding or revoking your access to our Apps;
and as required or permitted by law.
For these purposes, we may make the information we obtain from and about you available to employees, agents, independent contractors and service providers, who are required to maintain the confidentiality of this information. In the event our service provider is located outside of Canada, the service provider is bound by, and the information may be disclosed in accordance with, the laws of the jurisdiction in which the service provider is located.
Visit our website at https://www.gv.ymca.ca/privacy-policy for more information on our YMCA privacy statement.
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Terms and Conditions Specific to Complimentary, Trial, and/or Paid Access:
Paid Access: You understand and agree you will make monthly payments for your membership on an on-going basis. Your membership is continuous and has no fixed end date. The monthly payment amount will be outlined at the time of purchase and will be charged to the credit card or form of payment you registered with on the day of registration and on the same day on each following month. It is your responsibility to inform YMCA every time payment information on file changes (e.g. new credit card, expiry date, change in credit card). Applicable taxes will be applied in addition to the membership fee.
Complimentary and Trial Access: Complimentary or trial users can upgrade to paid programs and/or services. Trials are only valid for those who have not previously redeemed a free virtual trial over the past 90 days. Complimentary or trial access has no cash value; is not for resale; is non-transferable; and is non-refundable. You may receive access to our Apps under a limited offer such as a “first month free trial” that, at the conclusion of the trial period, will automatically transition to paid access. In such cases, all Terms and Conditions for paid access and the terms of this Agreement will apply. You may receive complimentary access to our Apps as part of your in-facility membership with your local YMCA or YMCA-YWCA. Should your relationship or ours end with your local YMCA or YMCA-YWCA, your account and access to our Apps our subject to cancellation at our sole discretion.
Age Limitation: Account holders/payers must be the age of majority.
Cancellation: Cancellation of your account(s) and/or payment(s) in our Apps is your responsibility. You may use self-service options in our Apps to cancel your account(s)/payment(s) at any time. Access to our Apps will be automatically terminated immediately upon cancellation. Cancellations will not be back-dated; meaning you will not be refunded or reimbursed for any unused portion of your monthly payment when you cancel. You may have to terminate your user account separately through each App if you hold multiple accounts, payments, subscriptions, and/or memberships. Your account or payment Agreement with your local YMCA or YMCA-YWCA is a separate Agreement from your Agreement with YMCA at Home. Should you decide to cancel your local YMCA or YMCA-YWCA Agreement and/or your Agreement with YMCA at Home, you must cancel each Agreement independently of the other. We reserve the right to cancel your account/payments and/or terminate your access to our Apps at any time, for any reason, without notice.
Refunds: It is your responsibility to cancel your membership and payments using our self-service cancellation options in our Apps. Refunds will not be issued under any circumstances unless you contact via the fillable form at https://www.ymcahome.ca/contact within 48 hours of original purchase date or if, for example, a debit is not authorized or is not consistent with this Pre-authorized Debit Agreement.
You have certain recourse rights, if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Pre-authorized Debit Agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca.
Fee Changes: Fees are subject to change upon the provision of a minimum of 30 days notice by the YMCA to you by email to the email address provided upon initial registration in our Apps. Should your email change, it is your responsibility to update your email using the self-service options in our Apps.
Card Account Updater Service (CAU): Through our payment processor we utilize a CAU service so you don’t experience service disruptions, such as when for example, your credit card expires or your card number changes. Our CAU service works with most credit cards and/or financial institutions. If your credit card expires or card number is changed, updated, and/or replaced our system will automatically update that card's information so that your payments and service are not interrupted. In other words, your payments will continue to be withdrawn. The onus is on the account holder to ensure monthly deductions are cancelled.
Rejected Payments: You agree if a monthly payment is rejected from your bank or credit card company, you will pay the balance owing. You understand any rejected payment will result in automatic cancellation of your membership with no refund. The YMCA reserves the right to make several attempts to charge fees to your credit card up to 30 days after the declined payment. Any related fees and/or penalties arising from a returned payment from your banking institution, credit card provider, or other payment providers you utilize to make payments on our Apps will be your own responsibility.
Facility Access/Membership Privileges: Paid, complimentary, and/or trial access to any of our Apps does not include access to physical YMCA or YMCA-YWCA centres, nor does it grant you any membership privileges or rights associated with in-facility membership at any YMCA or YMCA-YWCA.
Financial Assistance: An important aspect of our charitable mission is to make YMCA programs and services available to individuals who cannot afford access to YMCA paid programs and services. If you require financial assistance we ask that you FIRST contact your local YMCA (Canada only) and ask about their financial assistance program. If your local YMCA does not have a relationship with YMCA at Home, please contact us directly through our website so we can arrange access to our Apps. Please note that all Terms described herein apply to any financial assistance agreement made with you.
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Limitation of Liability
While YMCA staff and instructors make every reasonable effort to minimize exposure to known risks, the YMCA recommends that you consult with your physician before participating in any YMCA program. Neither the YMCA nor its staff, instructors or volunteers are licensed medical care providers and have no expertise in determining the effect of any specific program such as an exercise program, or equipment on a medical condition. You understand and agree that in registering for a YMCA program you may be involved in physical activity and that with any physical activity there is a risk of injury. By participating in YMCA programs you agree that you are participating voluntarily and do so at your own risk and you agree to fully release the YMCA and its officers, directors, agents, staff, instructors and volunteers from all claims or lawsuits for any injuries, death, property damage or theft, losses, or any other liability of any kind, arising directly or indirectly out of your participation in YMCA programs.
Use of and browsing YMCA Apps is done at user's own risk. Information published on our Apps are provided for the use of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information in our Apps. Please be aware that we may alter the information, services, and programs in our Apps from time to time. We shall have no liability arising from the use by any party of the information in our Apps. We do not warrant the information on our Apps in any way and in particular no warranty is given that our Apps or their contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. Without limiting the foregoing, everything on YMCA Apps is provided to you "as is without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose or non-infringement.”
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YMCA Etiquette Statement
The YMCA is a shared experience for everyone to enjoy. Each of us can make it better for all by being considerate to others. YMCA members, staff and volunteers pledge to treat one another with respect and dignity. The YMCA reserves the right to suspend or cancel a membership in its sole discretion for inappropriate behaviour or failure to comply with the Etiquette Statement.
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Content Posted by the Public
The YMCA welcomes your participation to support the vibrant and interactive spirit of an online community. Your comments, posts, messages and creative content are welcome on our online channels provided they encourage a respectful dialogue and comply with these Terms and the YMCA’s mission, values and policies.
You are responsible for the content you post on our Apps. The YMCA reserves the right to delete, remove, or not accept any content you submit that the YMCA believes, in its sole and unfettered discretion, is objectionable or that: may be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful or discriminatory; impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or organization; may infringe another person's intellectual property rights, including copyright; is personal information published without the consent of the person to whom the information relates; is unrelated to the content of the relevant App; links to material that is not directly related to the discussion on the relevant App; is commercial promotion or spam; violates any law or material not in keeping with the safe and welcoming environment of the YMCA
While the YMCA will attempt to remove or edit any such objectionable content, it may not be possible to review all content immediately.
Therefore, you acknowledge that all content submitted to any of our Apps expresses the views and opinions of the person submitting it and the YMCA bears no liability for the content.
The content you submit to an App remains your property, but by submitting it, you give the YMCA an ongoing license to use, reproduce, publish, display, distribute, transmit, modify, adapt and create derivative works of such content without payment of any compensation to you. You also waive any moral rights you may have in any content you submit. This license continues even if you stop using the relevant App. You also agree that you will respect the intellectual property rights of others when using any of our Apps and for all content you submit.
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Content Posted by the YMCA
All content contributed by the YMCA to its online and social media channels, remains the property of the YMCA. In order to reproduce, share, or distribute this content, permission is required from the YMCA.
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Cookie Notice
Whenever you use our Apps, information may be collected through the use of cookies and other technologies. By using our Apps you agree to our use of cookies as described in this Cookie Notice.
In order to provide you with a more personalized and responsive service we do use small text files called cookies to remember and store information about how you use our Apps. Cookies contain small amounts of information and are downloaded to your computer or other device by a server for our Apps. Your web browser then sends these cookies back to our Apps on each subsequent visit so that it can recognize you and remember things like your user preferences. Some of the cookies we use are necessary to enable you to move around our Apps and use its features, such as accessing secure areas that may contain content for registered members. Cookies also record information about the choices you have made to allow us to tailor the site for you. This information is usually anonymized and is not used for any other purpose. You can find more detailed information about cookies, how they work and how you can modify your computers settings to block or filter cookies at http://www.aboutcookies.org/.
The YMCA also uses Google Analytics to measure and improve the performance of our Apps. The analysis allows us to gain insight into the way the YMCA Apps are used, what content is most popular, what times of day people visit the site, what types of computers/web browsers visitors are using, etc. Your searches remain confidential and anonymous. For users who prefer to disable Google Analytics tracking, Google provides a browser add-on that automatically prevents any usage information from being sent to Google Analytics.
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Social Buttons
We use social buttons to enable our users to share or bookmark web pages. These are buttons for third party social media sites and these sites may log information about your activities on the Internet, including on our websites, social media platforms or any of our Apps and are not bound by our Privacy Statement. Please review the respective terms of use and privacy policies of these sites, and those of any applications you use to access them, to understand exactly how they use your information and to find out how to opt-out or delete such information.
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Email Communications
We may also use tracking technologies to determine whether you have read, clicked on, or forwarded certain email communications we send to you so that we can make our communications more helpful and interesting. If you do not wish us to confirm whether you have opened, clicked on or forwarded our communications, you will need to unsubscribe, as it is not possible for us to send these emails without tracking enabled. Registered subscribers can update their communication preferences by adjusting their account preferences in our Apps or you can unsubscribe following the instructions in the individual email communications you receive from us.
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Services and Links of our Website and Apps
Because YMCA wants your website and App experience to be informational and resourceful, our Apps also provide a number of links to third party sites. The YMCA assumes no responsibility for the information practices of sites you are able to access through our site. We encourage visitors to review each site's privacy policy before disclosing any personally identifiable information.
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Mobile and Internet Services
To use or access our Apps you will need a compatible device. We cannot guarantee that the applications will be compatible with, or available on, your device. Also, your phone company and internet service provider's normal messaging, data, and other rates and fees will still apply at your expense.
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Confidentiality / Security
YMCA maintains physical, electronic and administrative safeguards that are appropriate to the type of personal information we obtain from you.
YMCA staff and volunteers having access to personal data are required to respect the confidentiality of personal information and handle it responsibly.
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Electronic Forms & Communications
If you choose to contact YMCA staff using an e-mail address, social media comment, text message or other electronic communication method, or if you choose to complete an online form provided on our Apps, you may be asked to provide your name, e-mail address or other personal information.
The purpose of collecting this information is to allow staff to respond to your enquiry or to evaluate individual services. Only authorized staff will have access to the information provided and the information will only be used for the purpose it was intended.
If you participate in a YMCA evaluation survey, your information will be kept confidential and your name or personal contact information will never be associated with your responses without your consent.
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Trademark, Limitations, and Acceptable Use
The official symbols of the YMCA may not be reproduced, whether for commercial or non-commercial purposes, without our prior authorization which you must receive in writing from us.
YMCA at Home hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the YMCA at Home content and the Third-Party Content located on or available through our Apps at any one time (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with using our Apps while you are a Registered User. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by the YMCA as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any App Content for any purpose whatsoever.
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Terms and Conditions Specific to Event Registration
There may be specific terms and conditions posted on the registration pages for an event that are specific to that event. Please check the home page of the event when you register, to see if there are event-specific terms and conditions.
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Our Right to Modify these Terms
We may modify these Terms at any time by providing to you a modified copy of these Terms by email, hyperlink, or by posting them in our Apps. The modified Terms will be effective when provided to you, unless we specify a later date. If you do not agree to the modified Terms, your only option is to stop using the Apps after the effective date of the modified Terms. Your continued use of the Apps after the effective date of the modified Terms will be your affirmative agreement to the modified Terms. We may modify any information referenced in the hyperlinks from these Terms from time to time, and such modifications will become effective upon posting, unless a later date is specified. Continued use of the Apps after the effective date of any such changes shall constitute your consent to the changes.
The YMCA may further, in its sole discretion, suspend or terminate access to its Apps or any of the services provided on its Apps, change or make improvements to any portion of its website information or services, without notice to you.
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General Terms & Conditions
As a YMCA at Home member I understand and agree:
1. A YMCA membership is not transferable, and I will not share my access with another individual.
2. I will notify YMCA at Home of any changes in my contact or payment information.
3. The YMCA welcomes you to return at any time. Please note that published rates and membership offerings at time of re-activation will apply.
4. We reserve the right to suspend, restrict or terminate any user account or access to the Apps at any time and without notice if we, in our sole discretion, suspect or determine that you violated these Terms; violated any law or third-party agreement; or committed any other act which we, in our sole discretion, consider to be detrimental to or inappropriate for the Apps. Your right to use the Apps will terminate upon the termination of our relationship with your local YMCA and/or YMCA-YWCA to which you have entered into a contract with resulting in complimentary, trial, or paid access to our Apps. We may terminate your account at any time, for any reason, without notice.
5. These Terms and Conditions shall be governed by and construed in accordance with the laws in force in the province of British Columbia and the federal laws of Canada applicable therein, and any dispute arising hereunder shall be resolved exclusively by the courts in the province of British Columbia.
6. I have read, understood and freely accept the fee and Terms and Conditions.
7. I confirm that I am of age of majority. If applicable, I have the authority to agree to the Terms on behalf of any member(s) of my family or legal dependants joining YMCA at Home and its Apps.