By purchasing or using a Hyr Live Membership, you agree to the following terms and conditions, which supplement and form a part of the Hyr Terms of Service.
A “Member” is any individual who has a Hyr Live account. A “Membership Holder” is any Member who activates and pays the monthly subscription fees for a Membership.
Membership Coverage and Billing Cycles
Membership Coverage. Purchasing a membership subscription is referred to as an “All-Access Membership.” An All-Access Membership provides you with access to Hyr Live’s available classes, content, and features on the Hyr Live website.
An All Access Membership does not provide you with a Hyr Work account. A Hyr Work account can be accessed via an App Provider where Hyr Work makes the App available.
As a Membership Holder, you may possess a membership to both Hyr Live and Hyr Work. We may impose restrictions on the number of streams that can occur simultaneously under a single Membership or the maximum number of users per Membership. The Membership Holder is responsible for all activity under their Membership.
1. Billing Cycles and Auto-Renewal.
Any Membership recurs on a monthly basis until it is canceled in accordance with these Membership Terms. Billing occurs at the beginning of the Membership cycle and provides access for one month thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to the cancellation of your Membership by you or Hyr. To change or terminate your Membership, go to your Account Settings or contact Member Support at email@example.com.
2. Prepaid Periods.
You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership.
3. Other Offers.
Hyr Live and Hyr Inc. may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.
4. Account Registration
5. Termination or Cancellation of Subscription
Cancellation of Membership. If you terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents.
6. Suspension/Termination by Hyr Live.
Hyr may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service or any other Hyr Live or Hyr Work rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Hyr employees, agents, or other Hyr users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, Hyr has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Amount to be Charged. Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you preauthorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
8. Billing Authorization.
You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Hyr, nor any Hyr agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
9. Third-Party Payment Processors.
You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Member Support at XX or emailing XX. Hyr will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
10. STATUTORY CANCELLATION RIGHTS (CERTAIN CANADIAN RESIDENTS ONLY)
You may cancel your Membership 10 days after you initially subscribe for any reason by sending Hyr a notice of cancellation to XX.
Your Rights under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.
If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Your Rights under The Consumer Protection and Business Practices Act
You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give Peloton a reason for cancelling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of Saskatchewan. To cancel this contract, you must give notice of cancellation to Peloton, at 125 West 25th Street, 11th Floor, New York, NY 10001, by personal service, by registered mail or by any other means set out in the contract. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.
11. TRANSACTIONS INVOLVING ALCOHOL OR DRUGS
You may have the option to consume, purchase, or produce alcohol or drugs (e.g. cannabis) in connection with the products or services offered through the Services, including Hyr Live. You agree that you will comply with all applicable laws and not cause the Hyr Live Parties to contravene any applicable laws. You agree that if you sign up for any Hyr Live involving the consumption, purchase, or production of alcohol or drugs, that you are of legal age for such activities (e.g. with respect to the consumption of alcohol: 21 years of age or older in the United States, 18 years of age or older in Alberta, Manitoba, and Quebec, and 19 years of age or older in all other Canadian provinces or territories). You agree to provide valid government-issued identification proving your age to makers or to Hyr upon request, to the extent reasonably required to verify that your participation in a Hyr Live will not violate applicable laws. You agree that if any applicable legal requirements with respect to your consumption, purchase, or production of alcohol or drugs are not met, Hyr reserves the right to cancel your membership without refund. To the extent a Hyr Live involves the consumption of alcohol or drugs, you agree to consume such products responsibly and not to drive under the influence of such products.
Last Updated: July 8, 2020
Hyr Canada Inc., 213 Willow Ave, Toronto ON M4E 3K6