Terms & Conditions, & Privacy Policy
These terms and conditions (“Terms and Conditions”) govern your relationship with PŪR Movement Active Lifestyle Inc. (“we”, “us”, “our”) including, but not limited to visiting and using our website (www.purmovement.com) (the “Website”) or our mobile application (the “App”), purchasing, registering for or cancelling classes or private training sessions, or otherwise communicating with us and when using any services offered by us (together with the Website and the App, our “Services”), when using and attending our premises, inclusive of our entire two floor premise, “Fitness Facilities”.
When you create an account with us, use our Fitness Facilities & Studio, and use our Services, you are agreeing to these Terms and Conditions, our Privacy Policy and our Waiver or Waiver for Minors, as applicable.
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In order to use the Fitness Facilities, and Services, you must create an account either online using our Website or App. All information that you supply to us in the creation of your account must be truthful and accurate. Failure to supply truthful and accurate information to us will result in suspension of your account. You will also be required to provide your credit card details and by doing so, you authorize us to use this credit card to pay for our Services and any other goods or products that you purchase at our Fitness Facilities.
The next step, and prior to your first use of the Fitness Facilities or our Services, you must read and sign the Waiver. If you are over the age of 13 but under the age of 19 (a “Minor”), then prior to your first use of the Fitness Facilities or our Services you must have your parent or legal guardian read and sign the Waiver for Minors in-person at the Fitness Facilities.
After creating an account, you may purchase credits or a subscription directly from us at the Fitness Facilities, on the Website or through the App. Our credits and subscriptions are personal to you, and are non-transferable, non-refundable and are not interchangeable for any other goods or services we may provide.
If we unknowingly process charges that use an incorrect, expired, or over-the-limit credit card, then we will try to contact you. If you fail to pay any fees or charges when due, access to the Fitness Facilities and our Services may be suspended or terminated. You shall be responsible and liable for any fees, including lawyers' fees and collection costs, that we may incur in its efforts to collect any unpaid balances from you.
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If you purchase credits, these credits will either be class credits, to be used for classes, or private training credits, to be used for private training sessions. They may be purchased individually or in packages and they have an expiry date after which they are no longer valid. You will be charged for your order when you buy your credits.
You may also purchase gift cards, and these never expire. A recipient of a gift card can exchange these for class credits or private training credits, which can then be used to book a class or a private training session.
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If you purchase a subscription on auto-debit, you will have specific access to standard classes for no additional cost for the term of the subscription. You can always add-on extra credits at your discounted rate/credit. During that term, your credit card will be charged each month the applicable access fee.
You may cancel your subscription with 30 days or more written notice through our electronic cancellation request form (Your minimum commitment must be paid in full before you can cancel and there is a $75 immediate cancellation fee). If you pass away, your estate shall be relieved of any further obligation for payment under the contract not then due and owing. If you cannot physically attend classes because of significant physical disability & medically related reasons, and can provide written evidence of same from your doctor, your account can be placed on monthly holds. 1 hold/year is complimentary and any holds thereafter is $25 + GST to maintain your current membership rate.
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Once credits or a subscription has been purchased and placed in your account:
With one class credit, you may reserve one spot in one standard class of your choice;
With two or more class credits, you may reserve one spot in one premium class of your choice, with the number of required credits noted at the Fitness Facilities, on the Webpage or through the App at the time of booking;
With one private training credit, you may reserve one private training session of your choice; or
With a subscription, you may reserve one spot in any standard classes & Dance Workshop held during the term of your subscription.
Unless you have a reservation, having credits or a subscription in your account does not entitle you to a spot in any class.
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Instructors
Please note that your purchase of credits or a subscription and your reservation of a spot in the class of your choice or for a private training session does not guarantee that any particular instructor or trainer will run that class or private training session. We reserve the right to change or substitute your instructor or trainer at any time.
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We value commitment! If you book a class or private training session, be sure you can show up.
If you need to cancel your class, you must cancel 12 hours before your scheduled time.
If you need to cancel your private training session, you must cancel 24 hours before your scheduled time.
You can cancel online by logging into your account on the Website or the App.
Provided that you cancel in time, the credits used to secure your spot in the class will once again be available in your account for future use, subject to the applicable expiry date.
If you late cancel or you are a no show, your credits will not be refunded. If you have an unlimited subscription and you cancel late or are a no show, you will be charged a fee of $20.00. We reserve the right to terminate your membership at anytime.
Auto-debits will charge through on the 1st of each month. Declined payments are subject to an additional $3/day fee.
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As a courtesy to everyone, please arrive 10 minutes before your service begins. No late entries.
For your safety our main door opens and check-in begins 10 minutes before your class. The door is locked during class hours, and reopens after.
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If a class is full, you can choose to be added to our waitlist by selecting the “waitlist” option on the Website or the App. If you get a spot, we will send you an email confirmation/text.
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We have a strict indoor only shoe policy for your safety and cleanliness, and require all guests to pack their clean non-marking sole runners (grip socks for barre classes) to bring with them.
You will be asked to change shoes upon arrival.
BYO(MAT)
Since the pandemic, we request that you bring your own mat, resistance bands, light weights with you. (This will help reduce spread of infections diseases) *We have spare equipment you can borrow and sanitize after use.
Other Items
Water & Towel are essential to have during your services.
Leaving Early
For your safety, we do not permit leaving early from classes. Should you need to leave due to emergency or for other scheduling reasons, please notify your instructor before your class begins.
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In order to create an account with us, you must be at least 16 years of age.
Minors can create an account online and show up to their first class with their parent or guardian present. No minor may participate in any class at the Fitness Facilities without completion of the Waiver for Minors by both their parent or legal guardian and themselves.
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You may cancel your account with us for any reason by emailing us and we will deactivate your account in the system. You may also do this by logging into your account on the website or app. Please note, however, that your right to cancel your account with us does not apply to purchased but unused credits or the remainder of any term on your subscription.
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Using cellphones, cameras and other recording devices at our Fitness Facilities, including private spaces, is strictly prohibited. As a courtesy to other participants, you may not speak on your cell phone or utilize any video chat application while and during classes at our Fitness Facilities.
You may take photos in public areas of the Fitness Facilities (including without limitation the entrance, hallways and studios before and after classes) solely for personal use. You may not take photos or videos in the Fitness Facilities that promote your or any third party’s business, products or services. Use of any lighting, tripods or other such equipment is prohibited.
You are expected to be respectful of other participants, and you may not intentionally film another individual without their permission. If you post online or on social media a photo or video that was taken at our Fitness Facilities and another individual appearing in that content complains, we reserve the right to request you to remove the post.
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We advise you to avoid bringing valuables to the Fitness Facilities. To the maximum extent permitted by law, we shall not be liable for the loss of, theft of, or damage to any personal property, including, without limitation, items left by you anywhere at the Fitness Facilities.
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You are required to wear appropriate athletic attire when using any of our equipment and participating in any class. We may deny you access to the classes and use of the Fitness Facilities if you do not wear proper attire and footwear, as determined in our sole discretion. Clean non-marking indoor only runners (grip socks or barre classes) are required.
Unless requested by the instructor to remove your footwear for certain classes, such as stretch, yoga, or other, you must wear appropriate footwear at all times at the Fitness Facilities.
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Our Services, as provided by our instructors and trainers, are voluntary activities in which you may elect to participate. The nature of physical training may require close contact between you and your instructor or trainer and that they may need to touch your body to provide adjustments and guidance as necessary. You can let your instructor and trainer know if you prefer them to be hands off at anytime. If you have concerns as to how a class was conducted, please raise those concerns with us. We uphold our staff to the highest standards of professionalism, and we expect the same in return from you. If you make any inappropriate or sexually suggestive remarks or advances, your class will be terminated immediately and we may, in our sole discretion, terminate your account with us or take other actions that we deem necessary.
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Unused, undamaged, regular-priced retail products, with all tags attached, that were purchased from us either in-store or online can be exchanged within 14 days of purchase, with the valid payment method used at the time of purchase and proof of your purchase. We reserve the right to refuse return of any retail that appears to have been used or damaged, or has tags removed. All sale items are final sale and cannot be returned.
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To the maximum extent permissible by law, the Fitness Facilities and our Services are provided “as is”, “as available” and “with all faults”. Except as provided by applicable law, we disclaim and provide no representations, warranties, conditions or guarantees, express or implied, including any implied representations, warranties, conditions or guarantees of fitness for a particular purpose, merchantability and non-infringement.
Under no circumstances will we, our affiliates, our licensors, and our and their respective directors, officers, employees, shareholders, agents and representatives, be liable for any indirect, consequential, special, exemplary, punitive or incidental damages, whether foreseeable or unforeseeable, based on any claims by you (including, but not limited to claims for loss of data, goodwill, profits, use of money or use of the Fitness Facilities or our Services, interruption in use or available of data, stoppage or impairment of other assets), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. In addition, in no event will our cumulative or aggregate liability to you for direct or any other damages of any kind or nature in connection with the Fitness Facilities or our Services or otherwise under this Agreement exceed one hundred Canadian dollars (CDN $100.00).
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We value your privacy. In our Privacy Policy (our “Privacy Policy”), we describe our practices with respect to the collection, use, storage and disclosure of Personal Information (as defined therein) which you provide to us when visiting or using our Website, our App, the Fitness Facilities or our Services. By visiting the Website, using or downloading the App, attending our Fitness Facilities or using any of our Services, you agree that we may collect, use and disclose your personal information as described in our Privacy Policy.
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By using our Website and our App, you acknowledge that we remain the owner or authorized licensee of our trademarks and all the content, arrangement and software of the Website and App, you may only view, electronically copy or print any information from the Website or App for your personal use, and any other use of the materials on our Website or App is strictly prohibited.
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Your use of the Website and the App are governed by our Terms and Conditions, our Privacy Policy and any other policies or agreements posted by us on the Website or in the App. If you do not agree with these Terms and Conditions, our Privacy Policy or other policies, you must not use the Website or the App.
You are responsible for maintaining the confidentiality of your account and password on the Website and through the App, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with us via email or text, you are communicating electronically. You may also receive communications from us electronically in accordance with the consent that you provide to us, and we may communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures and other communications from us that we provide electronically satisfy any legal requirement that such communications be in writing.
Please note that from time to time we may link to a third-party webpage from our Website or App. We are not responsible for the content these webpages, and going to these third-party webpages is at your own risk. Similarly, you are not permitted to establish links to or from other webpages to the Website or App, or use any computer code, data mining software or other automatic device or manual process to monitor or copy our Website or our App.
Our software provider is Mindbody Online.
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We take our policies seriously – any changes to our Terms and Conditions, our Privacy Policy, our Waiver or Waiver for Minors or any other policies or agreements will only be made if approved by our management and cannot be made on an individual basis. However, occasional changes may be made to our Terms and Conditions, Privacy Policy or any other policies or agreements, including to address any new services added to our Services or a change in our operations or pricing. You agree that we may provide notice of such changes by posting the updated policies on the Website, on the App or by notice of such changes at the Fitness Facilities. By purchasing credits or a subscription you agree to be bound by any such terms and conditions as are in place at the time of your purchase of the credits or the subscription and use of the Fitness Facilities and our Services.
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Our goal is to do our best to ensure that every experience with us will surpass your expectations. If that doesn't happen, we hope you will give us the opportunity to try to address any problem emailing us.
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By entering into this Agreement, subject to applicable laws, we and you agree to submit any and all Disputes (as defined below) to binding arbitration by a single arbitrator in an arbitration administered by the International Centre for Dispute Resolution (Canada) (“ICDR Canada”) in accordance with its Canadian Expedited Procedures. The formal seat of the arbitration shall be Vancouver, British Columbia.
For the purposes of these Terms and Conditions, and except as described below, the term “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behaviour), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of this Agreement except for the scope, enforceability and interpretation of our Agreement to arbitration.
The term “Dispute” shall not include personal injury claims or claims for lost, stolen, or damaged property. Any such claims are not subject to arbitration.
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These Terms and Conditions and your use of the Fitness Facilities and our Services are governed by the laws of the Province of British Columbia, and the laws of Canada applicable therein. Except as provided above in relation to those Disputes that either you or we submit to binding arbitration, if you bring any legal proceeding against us, it must be must be brought in the Supreme Court of British Columbia in Vancouver, British Columbia.
Contact Us
You can direct any questions or concerns regarding these Terms & Conditions, and Privacy Policies by writing to us or emailing us.
Privacy Policy
PŪR Movement Active Life Studio Inc. and its affiliates (“we”, “us”, “our”) value your privacy. This privacy policy (our “Privacy Policy”) describes our practices with respect to the collection, use, storage and disclosure of Personal Information which you provide to us when visiting and using our website (www.purmovement.com) (the "Website") or our mobile application (the "App"), when purchasing or registering for classes or equipment, exercising your rights to cancel classes, or otherwise communicating with us and when using any services offered by us (together with the Website and the App, our “Services”), and when using and attending our premises, inclusive of our entire two floor premise, “Fitness Facilities”.
This Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy is incorporated by reference to the Terms and Conditions that can be found at www.purmovement.com.
When you create an account with us, use our Fitness Facilities and use our Services, you are agreeing to this Privacy Policy.
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For the purposes of this Policy, “Personal Information” means:
Your contact information, such as your name, email address, mailing address and phone number;
Your billing information such as your credit card number, payment history, and billing and shipping address;
Your unique identifiers such as user name, account number, password;
User content generated by you, such as audio, video, text and images as created or provided by you on our Services; and
Information such as order or class reservation history and marketing preferences.
Our Policy applies to personal information about individuals and does not apply to any information collected, used or disclosed with respect to corporate or commercial entities. Furthermore, our Policy does not impose any limits on our collection, use or disclosure of the information exempted under applicable privacy legislation, such as business contact information and certain publicly available information.
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We will obtain your consent to collect, use or disclose Personal Information except where we are authorized or required by law to do so without consent. For example, we may collect, use or disclose Personal Information without your knowledge or consent where the information is publicly available, we are obtaining legal advice or we expect that obtaining consent would compromise an investigation or proceeding. Other exceptions may apply.
Your consent can be express, implied or given through authorized representative such as a lawyer, agent or broker. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify us that you do not wish for your Personal Information to be collected / used / disclosed for various purposes after you have received notice of those purposes) or otherwise.
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We will only use and disclose your Personal Information as authorized by law and for our business purposes, including:
To provide the Services to you;
To communicate with you about your use of our Services, respond to your inquiries, authenticate your identity, and for other customer service purposes – including to administer surveys, questionnaires and contests, and to allow you to participate in those contests;
To tailor the content and information that we may send or display to you and otherwise personalize your experiences while using the Website or the App, and to otherwise improve the Website and the App;
For direct marketing or promotional purposes and where necessary, with your consent, to provide our third-party partners, affiliates, subsidiaries with information such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites. To opt out please email us for instructions or login to uncheck your current subscriptions;
For research and analytical purposes – for instance, to better understand how account holders such as yourself access and use the Website and the App, both on an aggregated and individualized basis;
To comply with applicable legal obligations, such as in response to a court order or a subpoena;
Where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, including the collection of any debts owed to us, or as evidence in litigation in which we are involved; and
For other purposes we may inform you about from time-to-time.
Please also note that we may transfer your Personal Information across provincial or national borders to fulfil any of the above purposes, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. You may contact us by email to obtain information about our policies and practices regarding our transfer of data or use of service providers outside of Canada, or to ask questions about the collection, use, disclosure or storage of Personal Information outside of Canada. Our software provider is Mindbody Online located in the United States of America.
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We will keep Personal Information used to make a decision affecting you for at least one year after using it to make the decision, unless otherwise permitted or required by law.
We will destroy, erase or make anonymous documents or other records containing Personal Information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. We will take due care when destroying Personal Information so as to prevent unauthorized access to the information.
All information is stored within our software provider: Mindbody Online.
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To create an account and participate in our classes, you are required to provide us with emergency contact information. You may also, at your discretion, provide information to us about friends so that we can invite others to try our classes. If you provide us Personal Information about others, or if others give us your Personal Information, we will only use that information for the specific reason for which it was provided to us.
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You may sign into your account on the Website or the App at any time to see the Personal Information we have stored on your account and to modify or update this. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website or the App for a period of time.
Also, upon written request to us, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make that information available within 30 days or provide written notice where additional time is required to fulfil the request.
In some situations, we may not be able to provide access to certain Personal Information. This may be the case where, for example, disclosure would reveal Personal Information about another individual, the Personal Information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed could harm our competitive position. We may also be prevented by law from providing access to certain personal information. When an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
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In some cases, our software provider Mindbody Online will automatically collect information about your use of the Fitness Facilities and certain Services, including the Website and the App, through cookies, web beacons, and other technologies, including technologies designed for mobile apps.
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Account creations are mandatory if you would like to participate in services from us. To create an account, you are required to provide us with certain information, including Personal Information. When using the Website, we may collect the information such as your browser type and operating system, web pages you view, links you clicked, your IP address, the date and length of time you visited the Website and used our Services, the Internet address of the website from which you linked directly to the Website, and the content you download from the Services.
In addition, when using the App, we may collect the mobile device ID of the cellphone you are using, including the device name and model, language information, activities within the App, and the length of time that you are logged into the App. The App may also, with your permission, collect information from your mobile device to determine your location (you may turn this feature off through the location settings on your mobile device) and to access your calendar to keep track of your upcoming classes we may access your mobile device's calendar.
Software is provided by Mindbody Online.
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We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and the App. For example, cookies enhance the convenience and use of the Website and the App. The information provided through cookies is used to recognize you as a previous user of our Website or App, to offer personalized content and information for your use, to track your activity on the Website and the App, to respond to your needs, and to otherwise streamline your experience. We may combine this information with Personal Information we collect from you (and our third-party service providers may do so on our behalf). We may also use cookies and tracking mechanisms so that third party vendors, including Google, Instagram, Twitter and Facebook, show our ads on sites across the Internet. We may also use targeted advertising services to tailor our advertisements (both on the Website and on other sites) to your interests. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and the App.
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Our software provider and is SSL secured. Please be aware that despite our best efforts to protect your Personal Information, no data security measures can guarantee security.
We may also process or transfer your information to jurisdictions outside of your home country where privacy laws may not be as protective. We take appropriate measures to ensure that your personal information remains secure when it is transferred outside of your home country, in accordance with Applicable Privacy Laws.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
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We take our policies seriously – any changes to this Privacy Policy will only be made if approved by our management. However, occasional changes may be made to this Privacy Policy in line with our Terms and Conditions.
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You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal of consent we will inform you of the likely consequences of the withdrawal of consent, which may include our inability to provide certain services for which that information is necessary.
You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your information. We will accommodate your request subject to legal and contractual restrictions. If you have "opted in" or subscribed to one of our mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe – for example, a link in the email which you can use to unsubscribe from that mailing list.
If you choose to not provide us with your Personal Information required during account creation and registration, we may not be able to provide you with certain Services for which that information is necessary.
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If we discover that Personal Information has been provided by a person who is under the age of majority in the Province of British Columbia that is not in accordance with the Terms and Conditions or any of our user registration documents, such as the Waiver or the Waiver for Minors, we reserve the right to delete such information.