Terms of Service

Last updated: September 26, 2025

TERMS OF SERVICE (WEBSITE & SMS)
Effective Date: January 1, 2025
Business: Konga Fitness & Martial Arts
Address: 4995 Timberlea Blvd. Unit #6, Mississauga, ON L4W 2S2
Phone (also SMS sender number): (905) 212-1212
Email: info@kongafitness.com
Website: https://kongafitness.com
Privacy Policy: https://kongafitness.com/privacy-policy/

SMS TERMS

PROGRAM NAME
Konga Fitness SMS Alerts

PROGRAM DESCRIPTION
After opting in, subscribers may receive class reminders and updates (Boxing, Muay Thai, Kickboxing, Brazilian Jiu Jitsu, Kids’ Martial Arts, Group Fitness), schedule changes or cancellations, free-trial and booking confirmations, membership/account notices, and occasional promotional offers. Message frequency varies based on activity.

OPT-OUT INSTRUCTIONS
You can cancel the SMS service at any time. Text “STOP” to (905) 212-1212. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. After this confirmation, you will no longer receive SMS messages from us.

REJOINING INSTRUCTIONS
To rejoin, sign up again as you did initially (for example, via our website forms or in-club opt-in). After you re-enroll, we will resume sending SMS messages to you.

HELP INSTRUCTIONS
If you experience issues with the messaging program, reply with the keyword “HELP” for more assistance, or contact info@kongafitness.com or (905) 212-1212.

CARRIER LIABILITY DISCLAIMER
Carriers are not liable for delayed or undelivered messages.

MESSAGE AND DATA RATES DISCLAIMER
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text or data plan, contact your wireless provider.

PRIVACY POLICY LINK
For privacy-related inquiries, please see our Privacy Policy: https://kongafitness.com/privacy-policy/

COMPLIANCE WITH INDUSTRY STANDARDS
We follow common carrier and industry guidelines for messaging programs, including standard STOP/HELP keyword support and clear opt-in disclosures.

LEGAL COMPLIANCE NOTE (CANADA)
We aim to comply with Canada’s Anti-Spam Legislation (CASL) for commercial electronic messages and with the Personal Information Protection and Electronic Documents Act (PIPEDA) for handling personal information. You may withdraw consent to receive SMS at any time by texting “STOP.”

GOVERNING LAW AND VENUE
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction of the courts located in Ontario.

CHANGES TO THESE TERMS
We may update these Terms from time to time. Changes are effective upon posting to https://kongafitness.com with an updated Effective Date. Continued use of our services constitutes acceptance of the updated Terms.

CONTACT
Questions about these Terms or SMS support: info@kongafitness.com or (905) 212-1212. Privacy concerns: see our Privacy Policy at https://kongafitness.com/privacy-policy/.

WEBSITE TERMS

ACCEPTANCE OF TERMS
By using https://kongafitness.com (the “Site”), creating an account, booking classes, submitting forms, making purchases, or interacting with our digital services, you agree to these Terms of Service and to our Privacy Policy.

ACCOUNTS & SECURITY
Provide accurate information, keep your login details confidential, and notify us promptly of any unauthorized use. You’re responsible for all activity under your account.

BOOKINGS, CANCELLATIONS & SCHEDULE CHANGES
Class capacity is limited until confirmed. We may adjust instructors, class types, or schedules, or cancel classes for safety/operational reasons. We’ll use reasonable efforts to give notice of material changes.

PAYMENTS & BILLING
Prices, fees, promotions, and availability may change. You authorize us or our payment processor to charge applicable amounts, taxes, and fees. Failed or disputed payments may result in suspension or cancellation of services.

HEALTH & SAFETY; ASSUMPTION OF RISK
Fitness and martial arts involve inherent risks. By participating in classes, open training, or events, you acknowledge and assume all risks and agree to follow our rules and staff instructions. Consult a healthcare professional before beginning any new program.

ACCEPTABLE USE OF THE SITE
Don’t misuse the Site (no scraping, bulk harvesting, spam, reverse engineering, or attempts to bypass security). Don’t upload unlawful, infringing, defamatory, obscene, or harmful content. We may restrict or terminate access for violations.

INTELLECTUAL PROPERTY
All content on the Site (text, graphics, logos, videos, training materials) is owned by Konga Fitness & Martial Arts or its licensors. You may not copy, distribute, modify, or create derivative works without written permission.

USER CONTENT & FEEDBACK
If you submit reviews, feedback, images, or other content, you grant us a non-exclusive, royalty-free, worldwide license to use and display that content for business purposes (e.g., testimonials, marketing), consistent with our Privacy Policy.

THIRD-PARTY SERVICES & LINKS
The Site may link to or integrate third-party tools (e.g., payment processors, scheduling). We’re not responsible for their content or practices. Use of third-party services is at your own risk and may be subject to their terms.

WEBSITE DISCLAIMERS
The Site and services are provided “as is” and “as available.” To the fullest extent permitted by Ontario law, we disclaim all warranties (express, implied, or statutory), including merchantability, fitness for a particular purpose, and non-infringement.

INDEMNITY
You agree to indemnify and hold harmless Konga Fitness & Martial Arts and its staff from claims, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms or misuse of the Site or services.

CHANGES TO THE SITE AND TERMS
We may update or discontinue Site features without notice. We may update these Terms; changes are effective upon posting on https://kongafitness.com with an updated Effective Date. Continued use indicates acceptance.

GOVERNING LAW & VENUE
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction of the courts in Ontario.

CONTACT (WEBSITE)
General inquiries: info@kongafitness.com | (905) 212-1212