TERMS AND CONDITIONS

This Website is owned and operated by SMINKFIT INCORPORATED.

These Terms set forth the terms and conditions under which you may use this Website and the services offered by SMINKFIT INCORPORATED ("we," "our," or "us"). This Website provides visitors with fitness and nutrition consulting services, both online and in person. By accessing or using the Website, you approve that you have read, understood, and agreed to be bound by these Terms.

To use the Website and receive services, you must be at least 18 years of age, or the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and receive services if doing so is prohibited in your country or under any applicable law or regulation.

When purchasing an offering listed on www.trainermarta.pro, you agree that: (i) you are responsible for reading the total item listing before committing to purchase it, (ii) you enter into a legally binding contract to purchase an item, and (iii) you complete the check-out payment process.

Our services and products are priced in Canadian Dollars (CAD). We reserve the right to update our pricing for any offerings displayed at any time and to correct any unintentional pricing errors. Additional information about applicable pricing, sales tax, and billing terms is available on the payments page.

Service fees and any additional charges you may incur through the use of our services — such as taxes or transaction fees—will be charged to your selected payment method. We accept major credit cards and payment methods, and recognized card brand logos (e.g., Visa, Mastercard, Paypal) are displayed at checkout to indicate accepted forms of payment.

Without prior notice, we may change the services, stop providing the services or any features of the services we offer or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.

When we receive a valid claim for a service purchased from us, we will correct the reported issue or replace it with another offering of the same or higher value. If we cannot restore, fulfill or supersede the Service, the customer will be entitled to a full refund.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related to that, are the exclusive property of SMINKFIT INCORPORATED except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, perform, publish, adapt, edit or create derivative works.

You recognize and agree that by uploading any content (including, but not limited to e-books, training plans, nutrition guidelines, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You consent to publicly displaying the uploaded/transferred content on the Website.

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and any services. Notwithstanding anything contrary concerning automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

You agree to indemnify and hold SMINKFIT INCORPORATED harmless from any demands, loss, liability, claims or expenses (including attorneys' fees) made against them by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.

To the maximum extent permitted by applicable law, in no event shall SMINKFIT INCORPORATED be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

To the maximum extent permitted by applicable law, SMINKFIT INCORPORATED assumes no liability or responsibility for any of the following:

Errors, mistakes, or inaccuracies of content.
Personal injury or property damage resulting from your access to or use of our Service.
Any unauthorized access to or use of our secure servers and any personal information stored therein.

We reserve the right to modify these terms occasionally at our sole discretion. Therefore, you should review these pages periodically. We will notify you of material changes when we materially change the Terms. Your continued use of the Website or our Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the Service.

SMINKFIT INCORPORATED is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and protect your personal information when you access or interact with our website, www.trainermarta.pro, and any associated services.

Information We Collect

When you visit our website, create an account, sign up for services, or communicate with us, we may collect the following personal information:

Name
Email address
Phone number
Billing address
Service preferences and history
Purchase and transaction details
Any other information you voluntarily provide (e.g., health history forms or intake questionnaires)

How We Collect Information

Your data is collected when you:

Sign up for classes, challenges, or services through our website
Submit a contact form or questionnaire.
Register for an account
Make a purchase or booking
Subscribe to email communications

All customer data is securely stored through our website provider and linked to a Customer Relationship Management (CRM) system, which complies with applicable data protection standards.

How We Use Your Information

We use your information to:

Deliver and manage your fitness and nutrition services
Communicate updates, confirmations, and relevant health or training content.t
.
Personalize your experience and program recommendations.ns
Process payments and manage billing
Improve the quality of our services and customer experience.e

We may also send you promotional emails or SMS communications. You may opt out anytime using the unsubscribe link provided or by contacting us directly.

Information Sharing

We do not sell or rent your personal information to third parties. Your data may be shared with:

Our CRM and website platform provider (for secure data management)
Payment processing platforms (e.g., Stripe, PayPal) as necessary for transactions
Legal or regulatory authorities, if required by law

All third-party service providers are contractually obligated to keep your information secure and confidential.

How to Access or Remove Your Information

You may request to view, update, or delete your data by emailing us at getfit@trainermarta.pro. We will respond to all access or deletion requests within a reasonable timeframe.

Data Security

We take data protection seriously and implement appropriate technical and organizational measures to protect your data against unauthorized access, loss, misuse, or disclosure. Our website uses HTTPS encryption, and access to your data is limited to authorized personnel only.

Shipping & Delivery Policy

At SMINKFIT INCORPORATED, we do not ship any physical products. Our business is focused exclusively on providing in-person and digital fitness and nutrition consulting services through our website, www.trainermarta.pro.

Service Delivery

In-Person Services: These are delivered at our designated physical location or training facility at the agreed-upon scheduled times.
Digital Services: Online programs, virtual classes, consultations, and training plans are delivered via secure platforms such as Zoom, email, or our CRM-integrated client portal.

Access Timeframes

For scheduled appointments, you will receive confirmation upon booking and access instructions (e.g., Zoom link) before your session.
For digital programs or documents (e.g., personalized plans), delivery typically occurs within 24–48 hours of purchase or consultation unless otherwise communicated.

No Physical Shipping

We do not offer or process any shipping of tangible goods. If this ever changes, a detailed shipping policy will be added and available at checkout.

Use of Cookies

Our website may use cookies and similar tracking technologies to enhance user experience, monitor traffic, and collect analytics data. You may turn off cookies through your browser settings, although some features may be affected.

Policy Updates

We may update this Privacy Policy periodically. Any significant changes will be posted on this page. Your continued use of our website or services after such updates constitutes your agreement to the revised terms.

These Terms, the rights and remedies provided hereunder, and any claims and disputes related hereto and to the services shall be governed by, construed under and enforced in all respects solely and exclusively under the internal substantive laws of Hamilton, Ontario, Canada, without regard to its conflict of laws principles. Any such claims and disputes shall be brought in, and you now consent to them being decided exclusively by a competent court in Hamilton, Ontario, Canada. The application of the United Nations Convention of Contracts for the International Sale of Goods is now expressly excluded.

DISCLAIMER – MEDICAL

We are not a medical organization, and we cannot give or purport to give you any medical advice or assistance. Nothing on our Website or anything associated with it should be taken or understood as medical advice or Service, nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or help from qualified practitioners for your particular circumstances and needs.

You are solely responsible for evaluating and assessing your health and well-being and whether, in all circumstances, you should access and use the Website and participate in the System and its products and services. We encourage you to seek appropriate medical advice or assistance before using the Website, the Program, and its products or services.

You agree that neither we nor any of our affiliates, service providers and suppliers warrant or make any representation about the contents, products, services, or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Program or its products and services, is at your sole risk.

You should consult your physician or other healthcare professional before starting this or any other fitness program to determine if it suits your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. You should stop immediately if you experience faintness, dizziness, pain or shortness of breath at any time while exercising.

This Site offers health, fitness and nutritional information, and you should not rely on this information as a substitute for,

nor does it replace, professional medical advice, diagnosis, or treatment. You should always consult a physician or other healthcare professional if you have any concerns or questions about your health. Do not disregard or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this Site. The use of any information provided on this Site is solely at your own risk.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice on this Site will always include the most recent findings or developments concerning the particular material.

DISCLAIMER – GENERAL

Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses," or other malicious materials to www.trainermarta.pro, we do not guarantee or warrant that www.trainermarta.pro or anything that may be downloaded from www.trainermarta.pro will not contain malicious materials of that type. You acknowledge and agree that we are not liable for any damage or harm you or a third party suffers or incurs attributable to any malicious materials. If you rely on www.trainermarta.pro and anything available through www.trainermarta.pro, you do so solely at your own risk.

If you have questions or concerns about your privacy or this policy, please contact:

SMINKFIT INCORPORATED
Email: getfit@trainermarta.pro

Mailing Address: 100 Ray Street North, Hamilton, ON L8R 2X9