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Terms and conditions

WEBSITE TERMS AND CONDITIONS OF USE AND PURCHASE

Welcome to thibarmy.com (the “Website”). This Website has been created to provide you with videos and articles about physical training for your personal entertainment and education, along with accessories sold in the online store. The terms “we”, “us”, “our” and “Thibarmy” refer to Ballistic Management Inc., a company incorporated in Canada. The term ‘you’ refers to the customer visiting the Website.

By visiting or using the Website, you consent and agree to be bound by these Conditions of use and purchase (the “Conditions of use and purchase’’) and the Privacy Policy.

Please read these terms and conditions carefully.

IF YOU DO NOT ACCEPT THESE CONDITIONS OF USE AND PURCHASE AND THE PRIVACY POLICY, PLEASE REFRAIN FROM USING THIS WEBSITE.

  1. General

The Conditions of use and purchase exclusively govern access, use of this Website and possible purchases.

Thib Army reserves the right to change these Conditions of use and purchase at any time at its sole discretion. Any change becomes effective from the date of posting on this Website. Your use of this Website will be subject to the latest version of the Conditions of use and purchase at the time of your usage. Your continued use of this Website after such changes constitutes your acceptance of these changes. Please review the Conditions of use and purchase regularly. If you do not agree to these Conditions of use and purchase or any changes made to them, please cease your use of this Website immediately.

The terms of these Conditions of use and purchase bind the user or customer personally and may not be assigned, transferred or exchanged.

  1. Use of this Website

To access this Website, you need a compatible Web browser. You acknowledge and agree that Thibarmy can discontinue support of any Web browser and that, if such is the case, you will be required to download a compatible Web browser to continue using this Website. You also acknowledge and agree that the use of this Website depends on the proper functioning of your computer equipment and Internet connection.

Thibarmy grants you a personal, non-transferable, non-exclusive, revocable, and limited right to access the Website and use it for personal, non-commercial purposes.

It is your responsibility to ensure that by accessing this Website and the content made available to you on it or through it, you are acting according to the laws of each territory in which or through which you access this Website or its content.

You must be of legal majority age as per the laws where you reside to place any order through the Website or to use any of the services offered. By placing any order or by using the services, you confirm and warrant that you have the right, authority, and capacity to conform to all Conditions of use and purchase.

  1. Medical Disclaimer

The Website has been created to provide you with videos and information about physical training for your personal entertainment and education.   You alone are responsible for determining your physical limits and acting accordingly.

You should seek advice of a physician before beginning any training and exercise routine or program shown on the Website.

All content, including text, graphics, images and information contained on or available through this web site are for general information purposes only and only represent the opinion of the writers and contributors to the content.

By subscribing to Thibarmy or otherwise consulting or purchasing its content, you agree and understand that all the advice, tips and information you read are done so at the users own risk.

If you experience any pain or difficulty with these exercises, discontinue immediately and consult your physician.

Thibarmy offers no warranties or guarantees regarding the results of using the Website or the information contained herein.

  1. Price

All prices displayed on the Website are indicated in the currency selected by the user and subject to applicable taxes. The price displayed or advertised is subject to change without prior notice and at the sole discretion of Thibarmy.

Despite our best efforts, it is possible that a service displayed or advertised on the Website or through any other means may indicate a wrong price. In such case, we will contact you in a timely manner and we will cancel your order.

THE WEBSITE AND ITS CONTENT SHALL NOT BE CONSIDERED AS AN OFFER TO SELL PRODUCTS OR SERVICES, THEY ARE PROVIDED FOR INFORMATION PURPOSES ONLY.

  1. Privacy

The confidentiality of the personal information you provided is of great importance to us. We also believe it is important to inform you on how we process your personal information. We thereby encourage you to carefully read our privacy policy (‘’Privacy Policy’’) .

  1. Information collected through the Website

Thibarmy collects anonymous information about the use of its Website to know which pages were viewed by its users and compile statistics about them, their use of the Website, and the frequency of use of hyperlinks. This information is collected through an analytical platform (e.g. Google Analytics), log files, and cookies.

  1. Electronic communications

By using the Thibarmy service, you consent to receiving electronic communications from Thibarmy relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Thibarmy service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Thibarmy. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Thibarmy content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the unsubscribe button located at the buttom of Thibarmy’s Newsletter or contact us at [email protected]. Please review our Privacy Policy for further details.

  1. Your account

By using the Website, you are responsible for ensuring the confidentiality of your account and password, and of limiting access to your computer. You also agree to assume full responsibility for all transactions carried out in your account with your password. Thibarmy reserves the right to refuse to serve any customer or to terminate an account at its sole discretion.

  1. Copyrights and trademarks

All videos, audio clips, texts, graphics, photographs, trademarks, logos, music, sounds, visual interfaces, artwork, programs, computer codes and any and all other intellectual properties (the “IP”) are owned, controlled or licensed by or to Thibarmy or Ballistic Management Inc. and are protected by copyrights and law.  When accessing and browsing on the Website, you agree not to copy, distribute, modify, transmit, duplicate, print, reuse, re-post, publicly display, encode, translate, in any way, or infringe, in any way, the rights related to the IP.

Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use, other than individual, non-profit use, any IP without the prior written permission of Thibarmy or such third party that may own rights to such IP. Any unauthorized use of the IP may violate copyright laws, trademark laws and other laws and regulations.  Violators will be prosecuted.

“Thibarmy”, the Thibarmy logo, “Coach Thib”, are trademarks and and trade names of Thibarmy, all of which are property of Ballistic Management Inc. The names and logos of other products and services mentioned on the Website are the trademarks, service marks, and trade names used by their respective owners.  The display of trademarks, service marks or trade names on the Website does not convey or create any license or other rights related to these trademarks, service marks, and trade names.

“TP” is a trademark of Tonic Performance Equipements Inc. and is used under license.

“XPN” and the XPN logo are trademarks of Supplement K.D. Inc. and is used under license.

Any unauthorized use, modification, or copying of the content of this Website or of an Thib Army trademark is strictly prohibited

  1. Comments, communications, and other content

You can post comments and other content, submit questions, suggestions, ideas, and other information (collectively referred to as the ‘’content’’) in the spaces provided for this purpose on the Website, as long as their content is not illegal, defamatory, obscene, harassing, hateful, or threatening, does not infringe upon privacy, or any intellectual property rights, or the rights of third parties, and does not contain any spam or electronic commercial messages.

Thibarmy reserves the right (but not the obligation) to delete or modify such content, but does not regularly review content posted by third parties on the Website. If a user notifies Thibarmy about content that does not conform to the Conditions of use and purchase, Thibarmy may verify the content and decide at its sole discretion to delete the content or request its removal. Thibarmy assumes no responsibility or obligation to the performance or non-performance of such activities.

If you post content or send an e-mail to Thibarmy, you consent that this content is not confidential, and grant Thibarmy the non-exclusive, royalty-free, perpetual, irrevocable, and fully-transferable right to use, make, have made, produce, reproduce, modify, edit, adapt, publish, represent, translate, create derivative works from, distribute, communicate to the public by telecommunication, and display such content anywhere in the world through any media. In addition, you grant Thibarmy and its transferees the right to use the name that you submit in connection to such content, if they choose. By posting or submitting content, you assume full responsibility for it. You indemnify Thibarmy against any claims arising from the content you post or submit. Thibarmy has the right, but not the obligation, to verify, modify, or remove any content. Thibarmy takes no responsibility for the content posted by you or by any third parties. Thibarmy makes no representation or warranty on the veracity, accuracy, or reliability of the content posted by users of the Website and does not endorse any views expressed by them.

  1. Copyright complaints

Thibarmy respects the intellectual property of others. If you believe your work has been copied or made available on the Website in a way that constitutes infringement of your copyrights, please notify us immediately

  1. Links provided on the Website

The Website contain links to other websites operated by parties other than Thibarmy. Such hyperlinks are provided for your reference and convenience only. You acknowledge and agree that Thibarmy is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources.

We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. If you choose to access any third party Website through this Website, you do so at your own risk.

  1. No Endorsement

By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Thibarmy with respect to such actions or omissions.

  1. Termination

You acknowledge and agree that Thibarmy can, at its sole discretion and without prior notice, suspend or terminate your use of the Website, or your access to the Website, and remove all related content for any reason, including if Thibarmy believes that you have violated one of these Conditions of use and purchase. You also agree that Thibarmy shall not be liable to you or any other person as a result of such suspension or termination.

  1. Limitation of liability

You agree that under no circumstance can Thibarmy, its partners, affiliated companies and suppliers, as well as their respective directors, officers, employees, consultants, agents, representatives, and respective suppliers be liable for any direct, indirect, special, consequential, or punitive damages (including, but not limited to, damage resulting from loss of profit, loss of data, or interruption of activities) resulting from the use, the inability to use, or the results from the use of this Website (including the content and information contained on this Website or any related Website), as well as for any security problem or related loss arising from the use of this Website, whether based on warranty, contract, civil responsibility, or any other legal theory, and whether or not Thibarmy is advised or not of the possibility of such damages.

Thibarmy makes no representation or warranty that the content, information, or material, including   downloadable software, which may be accessed from the Website will be exempt or free of interruptions, errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected.

Except where prohibited by law, in no event will Thibarmy be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Thibarmy has been advised of the possibility of such damages.

Where allowed by law, if, notwithstanding the other provisions of these Terms of Use, Thibarmy is found to be liable to you for any damage or loss which arise out of or is in any way connected with your use of the Website, Thibarmy’s liability shall in no event exceed the greater of the total of any fees with respect to any service or feature of or on the Website paid in the three months prior to the date of the initial claim made against Thibarmy; or 50$.

ALL CONTENT AND INFORMATION APPEARING ON THIS WEBSITE ARE PROVIDED ON AN ‘’AS IS’’ BASIS, AND ALL REPRESENTATIONS, WARRANTIES, AND EXPRESS CONDITIONS, IMPLICIT OR ARISING BY LAW OR BY USAGE OF TRADE ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.

 

  1. Indemnity

You agree to indemnify and hold Thibarmy, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website.

  1. Applicable laws

This Website is controlled and operated by Thibarmy from Montreal, Quebec, Canada, and these Conditions of use and purchase, the Website, its use, and any transactions carried out on or from it are governed by the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of law principles. By using the Website, you irrevocably agree to submit to the jurisdiction of the courts of the district of Montreal, Quebec, Canada.

  1. Partial invalidity

If a provision of the Conditions of use and purchase is declared by a court of relevant jurisdiction to be invalid, that provision shall be deemed severable from these Conditions of use and purchase and shall not affect the validity of any other provision hereof.

  1. Use

If you have any problems viewing a page of the Website, please contact us at: [email protected].

SPECIFIC TERMS AND CONDITIONS FOR PURCHASE

You agree to immediately pay for any and all products or services you purchase on the Website.  Payment may be required before said products and services are delivered or made available for delivery or downloaded to you.

Watching the videos with the audio on the site requests access to an internet connection. Make sure you have the Internet connection before proceeding with the purchase of a subscription. We agree to a full refund for a subscription or downloading in a period of 7 days of purchase with valid reason. No refunds will be made after the period of 7 days following a purchase.

 

Products other than online coaching

  1. Training Programs (Watching and downloading)

Watching the videos with audio online requires access to a good quality and high speed download internet connection. Please make sure you have access to said internet connection before proceeding with the purchase of a training program or a subscription.

  1. Product Availability (physical product)

Note that some products may need a special order, may not be available in some areas or in both official languages and are indicated as such. Thibarmy reserves the right to modify the status of availability of a product without notice. Thibarmy will not be held responsible concerning shipping delays caused by delivery companies. Thibarmy has the right, at its discretion, to limit quantities, refuse orders, close accounts or cancel orders. All accessories associated to a product are not included unless mentioned.

  1. Product Shipping

Thibarmy uses a reliable delivery company to ensure its customers a professional and secure shipment of products. Most of the products ordered will be shipped within five (5) working days following the order receipt. However, delays and shipping rates may vary depending on the destination, the type of shipping chosen and the availability of the product from suppliers. The shipping rates are established according to the size, the weight, the destination and type of shipping and are charged to the customer. For all products that are shipped outside Canada, the customer is responsible for the payment of all customs or other fees applicable to imports for that particular country. Thibarmy cannot be held responsible for any damages or modifications incurred during shipping.

  1. Warranty, Refund and Exchange Policy

All sales physical products are final. No exchange or refund will be accepted, except if the product has a manufacturing defect or in a bad condition.

Also, to be eligible for a return, your item must be unused and in the same condition you received it. It must also be in the original packaging. All items returned under this policy must be returned with the receipt for a replacement to be issued.

Unfortunately, we can’t offer you a refund or exchange if you purchased a discontinued product, or an item on sale.

The value of replacements and store credits will be based on return inspection. Warranties and refund requests will be void if products have been damaged due to negligence, improper use, alteration (including taking apart an item), or poor maintenance and storage practices. Products will no longer be covered if used or stored in outdoor conditions at any point from the day of confirmed delivery. Warranties do not cover ordinary wear and tear or cosmetic damage.

Barbell:

Warranty against bending does not cover any bar which has been damaged due to negligent or faulty use, alteration, maintenance, storage or handling by the user. Negligent or faulty use includes abusive dropping of the bar (i.e., dropping the bar on a box, bench, spotter arms or pins in a power rack, excessive dropping with insufficient or damaged bumpers, or excessive dropping with iron plates, and similar usage). Any specific issues regarding a product with which a customer is not satisfied will be reviewed on a case-by-case basis. We have found that most problems with bars we replace are related to abusive use.

This barbell comes with a life time warranty from defects in material, functionality and workmanship for the lifetime of the product. “Lifetime” warranty coverage ends when the product becomes unusable for reasons other than defects in materials or workmanship. The warranty applies only to the original purchaser of the product for so long as the original purchaser owns the product, and is non-transferable. Warranty does not apply to barbells that need maintenance.  Shipping charges are not included for the replacement of a defective bar.

rather than manufacturing or materials issues.

Programs (downloadable products):

We allow a complete refund of a training program or paid download within a 24-hour period, when requested with a valid reason.  No refunds will be made after the 24-hour period following a purchase.

  1. Shipping & Processing Time

Books:

IMPORTANT: All sales of physical (printed) books on the Site are supported by F. Lepine Publishing (a company based in Quebec, Canada), including for shipping purposes, and after-sales service.

 

Delivery fees and delays (subject to changes without prior notice):

USA, Canada, Mexico: $9.95, 11 to 21 days

World wide: $16.95, 3 to 12 weeks, depending on country

Expedite: $27.95, 5 day to 3 weeks, depending on country

All prices in US Dollars.

 

Equipment and accessories:

 

IMPORTANT : All sales of equipment and accessories sold on the Site are made through Tonic Performance (“TP”) (a Quebec, Canada company). Thib Army (operated by Ballistic Management Inc.) act as an agent company on behalf of TP for the purpose of collecting orders from customers and purchase price. TP is the seller of the products and takes charge of shipping, warranties, after sale services, etc. The property of the sold products is transferred directly from TP to the customer.

 

Note that in certain cases, multiple items may ship separately. However, except on rare occasions, no additional shipping fees will be applied.

For now, Olympic bars can not be sold anywhere other than in Canada and the United States.

Price and delivery (subject to change without notice):
United States: $ 50 USD
Canada $ 45 CAD

Only trackable orders have a guarantee on the package. We will cover the entire package value and shipping if the package doesn’t arrive after 30 days from the estimated shipping time.

If you selected small packet surface, air or light order by ground, we will not ship another package if you are not receiving your order in the estimated delay at checkout. Usually, if it goes over this delay, it’s because your local postal service weren’t able to deliver it, or it has been held at the customs of your country for verification.

For all international physical product orders which are not shipping with a trackable option, we do not guarantee you will receive your package if you are not taking the trackable shipping. We will not refund any orders which go over the delay prescript by the postal service. Refunds are not possible for an order not received for international orders if the shipping option was not trackable.

We are not responsible of any extra custom fee charged. This fee can vary from country to country depending on the value of the package. Sometime it might have one, sometime not.

If you haven’t receive your non-trackable package and it has been longer than 6 weeks after we notified you by email, you can see why that might have happened here: [email protected]

 

  1. Returns

How to return a physical product:

 

  1. Mail it to: 4030 St-Ambroise St., Suite 413, Montreal, Quebec, Canada.
  2. Include the receipt to your package with the reason why you want to exchange it, plus which size you need.
  3. Once your return is received and inspected, we will send you an email to notify you we have received your returned item. We will also notify you of the approval or rejection of your refund.

Note: You will be responsible for paying your own shipping costs to return your item. Shipping costs are non-refundable. We suggest to use a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.

 

If you are approved for a refund or an exchange, we will process it, and a credit will be automatically applied to your credit card or original method of payment within 10 business days. Please allow us 7 business days to proceed with an exchange after we receive the goods.

  1. Late or missing refunds (if applicable)

If you were eligible for a refund and you haven’t received it yet, first check your bank/PayPal account. It can take some time before your refund is complete; on average, a delay of 3-7 business days is given by PayPal to apply the refund on your card or PayPal account. If you have any problems or questions, contact us at [email protected].

Online Coaching

  1. General

Online coaching services are offered by Thibarmy in collaboration with Fitbot technology platform. The Terms and conditions for the use of the Fitbot platform apply to all services rendered as part of the Online Coaching, except for the general management of your account by Thibarmy and its representatives, as well as payment terms for your subscription. If you have any questions or comments, please email us at: [email protected]

You must be of legal majority age as per the laws where you reside to subcribe to Online Coaching services through the Website of Thib Army. By placing any order for Online Coaching services or by using the services, you confirm and warrant that you have the right, authority, and capacity to conform to all Conditions applicable thereto.

The customer acknowledges having read and agrees to comply with the Terms and Conditions for the use of the Fitbot platform.

 

  1. Method of use for software

Training takes place through Fitbot at the place of your choice.

Use of the Service requires an Internet connection and a computer (or a laptop) equipped with a camera with an Internet browser such as Chrome or Firefox or an electronic tablet with Android with an Internet browser such as Chrome or Firefox. Make sure you meet these prerequisites before placing an Order through the Web site. Fitbot may determine that certain additional features of its application, required to access the Services, might be accessible at an additional cost.

  1. Subscription

Thibarmy reserves the right, at any time after receiving your Request for subscription, to accept or refuse your Request for subscription for any serious reason. Before accepting or processing any Order, Thib Army may also request additional information.

No refund will be allowed. For customers from Quebec (Canada), no refund will be allowed except in accordance with the rules set out in the Consumer Protection Act.

As part of a subscription, amounts collected at regular intervals will remain unchanged for the duration of the subscription.

The customer agrees to respect the payment deadlines provided for in this contract and undertakes to assume an interest charge of 2% per month, compounded monthly (26.82% per year), on any account not paid.

The subscription may be renewed following the customer’s written acceptance of the terms of renewal contained in a written notice sent by Thibarmy, all for customers from Quebec, in accordance with the rules prescribed by The Regulation respecting the application of the Consumer Protection Act.

Thibarmy reserves the right to terminate this contract or any other services offered to the customer at any time in the event of any of the following events: i) the customer is in default of payment of Any sum due to the Thibarmy, on 15 days written notice; or  ii) it is brought to its knowledge that the customer does not respect Terms and conditions for the use of the Fitbot platform.

  1. Duration of Subscription

Subscriptions are generally for a minimum period of three (3) months, which can be renewed automatically on a monthly basis.

  1. Designation of a coach by Thibarmy

Thibarmy will take the necessary steps to designate a suitable coach according to your needs within his coaching team. The designated coach will be selected primarily based on his / her expertise, experience and availability. Christian Thibaudeau is involved in the choice of the programs and offers a constant and appropriate support to all the coaches of the Thibarmy team.

  1. Performance of the coach designated by Thibarmy

The designated coach or an authorized representative of Thibarmy will create the Fitbot account and provide you with a programming that suits you.

  1. Renewal

After an initial period of three (3) months, the automatic renewal of the subscription will be made at the beginning of each subsequent 30-day period.

  1. Terms of payment

Following the first three (3) month period, Memberships are billed monthly.

 

You authorize Thibarmy to bill your account and charge your credit card as soon as you complete your subscription order, which corresponds to the deemed date for the start of online Coaching services. The selected services are billable and payable on an automatic basis, at the beginning of each month, through PayPal. Taxes may apply.

  1. Termination

Thibarmy may, for any serious reason, terminate the Services.

All packages may be canceled at any time by sending a written notice, including an e-mail to [email protected]. The cancellation is free of charge or penalty, Thibarmy then retains the amount collected to date for the most recent month of subscription.

For customers in Quebec: the cancellation is free of charge or penalty, the value of the services provided on that date must then be paid on the basis of the percentage of the duration of the contract. Any overpayment may be remitted to the customer.

  1. Your account

By using the Service, you are responsible for ensuring the confidentiality of your account and password, and of limiting access to your computer. You also agree to assume full responsibility for all transactions carried out in your account with your password. Thibarmy reserves the right to refuse to serve any customer or to terminate an account for any serious reason.

  1. Responsibility

You acknowledge that all sports or fitness activities which you may perform, your participation in any activity offered by Thibarmy, and your use of the Online Coaching services or Web site carry inherent risks, and that they are entirely at your own risk. Consequently, you hereby release and grant a full, final, complete and definitive discharge to Thibarmy and its representatives, employees, shareholders, directors, officers, management, agents, representatives, insurers, heirs, executors, successors, and assigns, or any other person for whom Thibarmy is responsible, from all liability, demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit of any kind or nature whatsoever, in law or in equity, present or future, resulting directly or indirectly from the use of any of the Services or the Web site, or from your participation in any of the sports or fitness activities provided by Thibarmy through the Web site, renouncing to such a demand, cause of action, claim, recourse, action, conflict, dispute and/or pursuit, save in the event of the personal acts of Thibarmy or its representatives and for which the onus falls upon you.

  1. Clients of Quebec (Canada) – Clause required under the Law

“Clause required under the Consumer Protection Act.

(Service contract involving sequential performance for instruction, training or assistance)

The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.

This contract is cancelled, without further formality, upon the sending of the form or notice.

If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.

If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:

(a)  the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and

(b)  the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered him.

Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.

It is in the consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”

Last update: November 2016

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