TERMS AND CONDITIONS

Welcome to The It Factor Academy website (“Website”) located at www.tifa.club. By accessing or using our Website, you agree to comply with and be bound by the following Terms and Conditions (“Terms”). If you do not agree with these Terms, please discontinue use of our Website and services immediately.

1. DEFINITIONS AND ACCEPTANCE OF TERMS

1.1 Definitions:

“Company” refers to The It Factor Academy Inc. and Vibez by TIFA.
“Website” refers to all webpages associated with www.tifa.club.
“User,” “You,” or “Your” refers to any person accessing or using the Website or facilities.
“Content” includes text, images, videos, audio, software, data, and other material on the Website.
“User-Generated Content” refers to any content submitted by users, including but not limited to comments, reviews, and multimedia.

1.2 Acceptance of Terms:
By accessing the Website or facilities, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, along with any other applicable policies, such as the Privacy Policy and Refund Policy.

1.3 Amendments:
The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting on the Website, and continued use of the Website and facilities constitutes acceptance of the amended Terms.

2. USE OF THE WEBSITE AND FACILITIES

2.1 Permitted Use:
The Website and facilities are intended for personal, non-commercial use. You agree to use them lawfully and in accordance with these Terms.

2.2 Prohibited Conduct:
You agree not to:

Use the Website or facilities for unlawful purposes or in violation of any applicable laws or regulations.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Distribute viruses, malware, or harmful code.
Attempt to gain unauthorized access to the Website, facilities, or related systems.
Engage in data scraping, data mining, or similar data collection activities.
Reproduce, duplicate, copy, sell, or resell the Content or facilities without the Company’s express written consent.

2.3 User-Generated Content:

You retain ownership of any content you submit but grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, display, and distribute such content.
You represent and warrant that your content does not infringe the rights of any third party and is not illegal, obscene, defamatory, or otherwise objectionable.
The Company reserves the right to remove or modify any User-Generated Content at its discretion.

3. PURCHASES AND PAYMENTS

3.1 Products and Services:
The Company offers products and services, including but not limited to classes, studio sessions, and monthly subscriptions. By purchasing through the Website or booking a facility, you agree to these Terms.

3.2 Payment Terms:

All payments must be made in Canadian Dollars (CAD).
Payments for products or services are due upon purchase unless otherwise specified.
Unpaid amounts may incur interest at a rate of 1.5% per month or the maximum rate permitted by law.

3.3 Order Acceptance and Cancellations:

The Company reserves the right to reject any order or booking for any reason, including product unavailability or pricing errors.
Once a product or service is purchased, refunds are subject to our Refund Policy.

4. SUBSCRIPTION SERVICES

4.1 Monthly Rehearsal Space Subscription:

Subscription fees are billed monthly in advance.
Unused time in a subscription period is non-refundable.
The Company reserves the right to modify subscription fees with 30 days’ notice to subscribers.

4.2 Cancellation:

Subscribers may cancel at any time; however, cancellations will only take effect at the end of the current billing cycle.
The Company reserves the right to terminate subscriptions for violations of these Terms.

5. CANCELLATION, BOOKING, AND RESCHEDULING POLICY

All deposits for sessions at Vibez by TIFA are non-refundable and non-transferable, except in extraordinary circumstances.
Same-day bookings are non-refundable if the studio is unable to accommodate the session.
Cancelling or Rescheduling requests must be made at least 48 hours before the scheduled session.
Deposits are valid for up to 7 days from the original booking date. After 7 days, deposits are forfeited.

6. LIABILITY WAIVER AND LIMITATION OF LIABILITY

6.1 Waiver of Liability for Facility Use:

By accessing or using the facilities of The It Factor Academy or Vibez by TIFA, you acknowledge that participation in classes, sessions, or other activities may involve physical activity that could result in injury.
You voluntarily assume all risks associated with the use of the facilities, including injuries, accidents, or personal property loss.
The Company is not liable for any injury, accident, or damage to personal property occurring on the premises, except where caused by gross negligence or willful misconduct.

6.2 General Limitation of Liability:

The Company is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of the Website, facilities, or services, including but not limited to lost profits, loss of data, or business interruption.
If the Company is found liable, the maximum liability shall not exceed the total amount paid by the user in the 12 months preceding the incident or $150 CAD, whichever is greater.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The It Factor Academy, its directors, officers, employees, and affiliates from and against all claims, damages, liabilities, and expenses arising from your use of the Website or facilities, violation of these Terms, or infringement of third-party rights.

8. PRIVACY POLICY

The Company’s Privacy Policy outlines the collection, use, and disclosure of personal information and is incorporated herein by reference.
Access the full Privacy Policy here: tifa.club/privacy-policy.

9. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Province of Ontario and applicable federal laws of Canada.
Any disputes will be resolved exclusively in the courts of Ontario, Canada.

10. FORCE MAJEURE

The Company is not liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, strikes, or Internet disruptions.

11. CONTACT INFORMATION

If you have any questions or concerns regarding these Terms, please contact us at:
The It Factor Academy Inc.
2445 Dunwin Drive, #1, Mississauga, ON, L5L 1T1
Email: info@tifa.club
Phone: 905-890-5856

12. ENTIRE AGREEMENT

These Terms, including the Privacy Policy, Refund Policy, and other agreements referenced herein, constitute the entire agreement between you and the Company and supersede all prior agreements.

13. WAIVER AND SEVERABILITY

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of such provision.
If any provision of these Terms is deemed invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in effect.

14. ACKNOWLEDGEMENT AND ACCEPTANCE

By accessing or using the Website or facilities, you acknowledge that you have read, understood, and agree to be bound by these Terms and all other applicable agreements and policies