Terms and Conditions

Date: July 14, 2025

These Website, Mobile Application, and Loyalty Program Terms and Conditions of Use (collectively, these "Terms and Conditions") constitute a legal agreement entered into by and between you, the user, and Body Energy Club Ltd. (the "Company," "Body Energy Club", "we," "us," or "our"). These Terms and Conditions govern your access to and use of the following, collectively referred to as the "Services":

• the Body Energy Club website located at www.bodyenergyclub.com (the "Website"), including any content, functionality, products, or services offered on or through the Website;
• the Body Energy Club mobile application (the "App"), including any content, functionality, products, or services offered on or through the App; and
• the Body Energy Club loyalty points program (the "Loyalty Program"), as further described in Part II of these Terms and Conditions.

BY ACCESSING OR USING THE WEBSITE AND/OR DOWNLOADING, INSTALLING, REGISTERING WITH, OR USING THE APP, OR BY CLICKING TO ACCEPT WHERE THAT OPTION IS MADE AVAILABLE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY (SEE PART III BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

By using our Services, you represent and warrant that you are of legal age of majority under applicable law to form a binding contract with the Company. If you do not meet this requirement, then you must not access or use the Services.

PART I: SERVICES

1. Your Use of the Services and Account Security
   1. Account Registration. Certain features of our Website and/or App may require user registration (creating an account). It is a condition of your use of our Website and/or App that all the information you provide is correct, current, and complete.
   2. Security of Personal Information. We use physical, electronic, and administrative safeguards intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, transmission of information via the internet (including to/from the App) is not completely secure. Any transmission of personal information is at your own risk, and we are not responsible for the circumvention of any privacy settings or security measures by any third-party.
   3. User Responsibility. You are responsible for:
      1. obtaining and maintaining your own internet or mobile data access;
      2. ensuring that all persons who access the Services through your internet connection or devices are aware of these Terms and Conditions and comply with them;
      3. maintaining the confidentiality of your account credentials (username, password, or other security information). You must not disclose this information to anyone else. You agree to notify us immediately of any unauthorized access or use of your account.
   4. Account Termination. We reserve the right at any time, in our sole discretion, to disable or terminate your account or any user name, password, or other identifier, if you have violated or we reasonably suspect you have or will violate any provision of these Terms and Conditions.
   5. Prohibited Conduct. You are prohibited from attempting to circumvent and from violating the security of our Services, including but not limited to
      1. accessing data not intended for you;
      2. attempting to breach or breaching security or authentication measures without proper authorization;
      3. restricting, disrupting, or disabling service to users, hosts, servers, or networks;
      4. introducing viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
      5. using any robot, spider, or other automatic device, process, or means to access the Website or the App for any purpose, including monitoring or copying any of the material; and
      6. launching denial-of-service attacks or otherwise attempting to interfere with the proper working of the Services.
   6. Lawful Purposes. You may use the Website and the App only for lawful purposes and in accordance with these Terms and Conditions.
   7. Online Purchases. If you make any purchase of goods or services through the Website or the App, those purchases may be subject to additional terms and conditions of sale (if provided). Any such terms are incorporated by reference into these Terms and Conditions.
   8. Predictive Shopping Functionality. The App generates personalized shopping recommendations through machine learning algorithms which analyze your purchase history and frequency. These recommendations constitute non-binding proposals —you retain full control to modify, reject, or customize algorithmic output. We hereby disclaim warranties regarding the accuracy or suitability of predictive suggestions and may alter the recommendation engine's parameters without notification.
   9. Geographic Restrictions. The Company is based in the Province of British Columbia in Canada. Our Services are intended for use only by persons located in Canada, unless otherwise stated. If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with local laws.
2. Modifications to the Terms and Conditions and to the Services
   1. Right to Revise. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. All changes are effective immediately when posted and apply to all access to and continued use of the Services. You agree to review these Terms and Conditions periodically so that you are aware of any changes, and your continued use of the Services shall be deemed acceptance of those changes. If you do not agree to the changes, then you must discontinue use.
   2. Changes to Content/Functionality. The information or materials within the Services (including the Website and the App) may be changed, withdrawn, or terminated at any time without notice. We will not be liable if, for any reason, all or any part of the Services are restricted or unavailable at any time or for any period.
   3. Availability. All product availability, delivery windows, and service areas remain subject to change at our sole discretion. We reserve the right to modify or discontinue specific delivery programs without prior notice, including adjustments to minimum order thresholds or eligible postal codes.
3. Intellectual Property Rights and Ownership
   1. Ownership of Content. The Website, the App, and their entire contents, features, and functionality (including all information, software, code, text, displays, graphics, images, video, audio, design, layout, selection, and arrangement) are owned by the Company or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
   2. Trademarks. Our name, logo, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, images, and slogans on the Services are the trademarks of their respective owners.
   3. Permitted Use. You may use the Services and associated materials only for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any part of the Services or their materials without our prior written consent, except that your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and you may print or download one copy of a reasonable number of pages for your personal, non-commercial use, and not for further reproduction, publication, or distribution.
   4. No Right, Title, or Interest. No right, title, or interest in or to the Services or any content thereon or therein is transferred to you, and all rights not expressly granted are reserved by us.
   5. General Information Only. Content on the Website and/or App is provided for general information and convenience only. We do not warrant the accuracy, completeness, or usefulness of this information.
   6. Third-Party Content. This Website or App may include content provided by third parties. Such materials do not necessarily reflect our opinion. We are not responsible for any third-party content, including its legality, accuracy, or completeness. For your convenience, the Services may provide links or pointers to third-party websites. We do not control or endorse such sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any such third-party sites, you do so at your own risk and will be subject to their terms and conditions.
4. Risk
   1. Disclaimer. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE APP, AND ANY CONTENT OR SERVICES FOUND THROUGH THEM IS AT YOUR OWN RISK. THEY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Neither the Company nor its shareholders, subsidiaries, affiliates, franchisees, licensors, or service providers makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. We likewise do not warrant that any files you download in connection with the Services will be free of viruses or destructive code.
   2. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, NEITHER THE COMPANY NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSORS, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
   3. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, its shareholders, subsidiaries, affiliates, franchisees and their respective officers, directors, employees, agents, service providers, and contractors from and against any claims, liabilities, damages, judgments, or expenses (including reasonable legal fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including any use of the Services' content, products, or services other than as expressly authorized.
5. General Terms and Conditions
   1. Governing Law; Venue. These Terms and Conditions, the Website, the App, and any related dispute or claim (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada, without giving effect to conflict-of-law principles. Any legal suit, action, or proceeding must be instituted exclusively in the courts of the Province of British Columbia and/or the Federal Court of Canada, and you hereby waive any objection based on inconvenient forum.
   2. Entire Agreement. These Terms and Conditions and the Privacy Policy (Part II below) constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior understandings or agreements. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
   3. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
   4. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

PART II: LOYALTY PROGRAM

All Body Energy Club members with an account at our retail stores, or accounts made through our Website, are automatically enrolled in our Loyalty Program. The more you spend at Body Energy Club, the more loyalty points you will accumulate through our Loyalty Program.

Please note that our Loyalty Program applies to purchases made at Body Energy Club's retail stores in British Columbia, Canada, on our App, and on our Website. Unfortunately, at this time, while customers can accumulate loyalty points through our App, customers cannot redeem loyalty points for purchases made through our App. Exclusions and terms and conditions apply.

1. For every full Canadian dollar that you spend at a Body Energy Club retail store, on our App, or on our Website (using cash, credit or debit card, or gift cards), you will earn one (1) loyalty point; however, there are a number of exceptions to this:
   • You will not earn any loyalty points for purchases of discounted items.
   • You will not earn any loyalty points for purchasing gift cards.
   • You will not earn any loyalty points for purchases of smoothies, bowls, and juices. (There are different loyalty programs for these items.)
   • You will not earn any loyalty points for any applicable taxes, tips, or donations.
   • You will not earn any loyalty points when you pay for your purchases with redeemed loyalty points.
2. We may, from time to time and in our sole discretion, exclude certain products from our Loyalty Program. This includes both for earning loyalty points and for redeeming loyalty points.
3. In no event will we issue any fractional loyalty points. In order to receive a loyalty point, you must spend a full Canadian dollar and purchase a product to which no exclusions apply.
4. You may redeem your loyalty points as follows:
   • You may redeem 400 loyalty points to receive $20 off any purchase of $20 or more at a Body Energy Club retail store or through our Website.
   • You may redeem 1000 loyalty points to receive $75 off any purchase of $75 or more at a Body Energy Club retail store or through our Website.
5. If you wish to redeem your loyalty points at a retail store, then we may ask you for government-issued photo identification to confirm your identity.
6. Our Loyalty Program is only available at our retail stores in British Columbia, Canada, on our App, and on our Website. Our retail stores in the United States of America are currently excluded from the Loyalty Program. As stated above, customers can accumulate loyalty points through our App, but customers cannot redeem loyalty points for purchases made through our App.
7. If you do not shop at a Body Energy Club retail store, on our App, or on our Website for a period of one (1) year, then your loyalty points will expire.
8. Our Loyalty Program is intended for personal use only. Our Loyalty Program is not intended for commercial use.
9. Your Body Energy Club account is personal to you. Similarly, your loyalty points are personal to you, and may not be sold, transferred, or shared with any other person.
10. Our loyalty points have no cash value.
11. We are not liable or responsible in any way for any tax consequences which may flow from your participation in our Loyalty Program. You will be solely responsible for your own tax payments and reporting requirements (including, without limitation, any income tax reporting requirements).
12. We reserve the right to suspend or terminate your membership in our Loyalty Program if we suspect that you are abusing our Loyalty Program or if we suspect you are in breach of these terms and conditions.
13. We reserve the right to amend or terminate our Loyalty Program at any time and for any reason. In such event, you will have no recourse against us. Any amendments to our loyalty program will be effective immediately upon posting the revised loyalty program to our Website and you waive any right you may have to receive notice of such amendment(s).
14. Sorry, there are no exceptions to any of the foregoing terms and conditions.

PART III: PRIVACY POLICY

Body Energy Club together with its affiliates and its franchisees respects the privacy and confidential nature of the personal information that you provide to us. This privacy policy (this "Privacy Policy") describes how we deal with your personal information used and collected in the course of the Services, including, without limitation, through our Website and our App.

By signing up for a Body Energy Club membership, or by creating an account on our Website or our App, you are providing us with your express consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy.

1. What do we mean by "personal information" and what type of personal information do we collect from you?

   "Personal information" means any information concerning an identifiable individual. The type of personal information we may collect from you includes, but is not limited to, the following:

   • your name;
   • your address;
   • your email address;
   • your telephone number;
   • the month in which your date of birth falls;
   • your location (if using our App or our Website);
   • your device/browser type (if using our App or our Website);
   • your IP address (if using our App or our Website);
   • your Loyalty Program identification; and
   • your purchase history with Body Energy Club.

   We do not, in providing our products and services, knowingly collect personal information from, about, or concerning minors. If you have reason to believe that a minor has provided personal information to us, then please contact our Privacy Officer (contact details can be found below), and we will endeavor to delete that personal information from our databases as soon as possible.

2. Why do we collect your personal information and how do we use it?

   We collect and use your personal information in order:

   • to provide our products and services to you, including to facilitate and improve your in-store and online shopping experiences;
   • to deliver the products and services you request or that are that are reasonably anticipated within the context of our business relationship;
   • to complete transactions with you, perform our contractual obligations to you, and to send you related information, including confirmations and receipts;
   • to conduct our own internal research to make business decisions about our current and future product and service offerings;
   • to correspond with you, including to respond to your questions and comments regarding our products and services;
   • to inform you of the products and services that we provide, including new products and services that we think may be of interest to you;
   • to keep track of your purchases in the event you inquire about your past purchases;
   • for you to participate in our Loyalty Program, in which you are automatically enrolled.

   We may also collect and use your personal information for any other purpose to which you may consent from time to time.

   We will only use your personal information in accordance with this Privacy Policy or if we have your implied or express consent to do so.

3. How may we disclose your personal information?

   Your personal information may only be disclosed for our legitimate business purposes and only in accordance with this Privacy Policy and applicable legislation.

   Your personal information will never be sold or traded by us to another external organization.

4. Who has access to your personal information?

   Only our employees and our consultants have access to your personal information.

   We integrate personal information gathered at our retail locations, through our Website, and through our App to deliver a unified customer experience. To facilitate this functionality, we share limited personal information as set forth in paragraph 2 above with our authorized partners:

   • Payment Gateways: Shopify Payment, ShopPay, Stripe, and Moneris;
   • Cloud Storage Providers: Microsoft Azure, Google Could, and AWS;
   • Marketing Platforms: Klaviyo, JudgeMe, Klevu, and Meta; and
   • Analytics Platforms: Microsoft Clarify, Google Analytics, Google Tag Manager, and Firebase.

   Your personal information may be disclosed to a third party if there is a change in ownership of our company or a prospective change of ownership of our company. However, we will ensure that any such third party is under an obligation of confidentiality and is required to use your personal information in a manner consistent with this Privacy Policy.

5. How do we protect and store your personal information?

   We store your personal information in our point of sale system known as "LS Retail". If you buy products through our Website, then your personal information will be transmitted through Shopify's online shopping platform. Your personal information may also be stored on our servers, which are hosted by a third-party (Microsoft Azure). We do not store our customers' payment information (ie. full card numbers, CVVs) but our payment processors may store this information.

   We have industrial standard technical, procedural, and physical safeguards in place to protect your personal information. These safeguards are specifically designed to protect your personal information from loss, unauthorized access, alteration, and destruction.

   Furthermore, each of our employees and consultants that has access to your personal information is under an obligation to maintain the confidentiality of your personal information and has been instructed to rigorously comply with this Privacy Policy.

   However, we cannot guarantee that your personal information will not be accessed by an unauthorized person. If it does, then we will endeavour to provide you with notice of such an event within seventy-two (72) hours of its discovery.

   If you ever receive any electronic communication that claims to be from us and which you have concerns about, then please contact us immediately. Phishing, spam, and pirating of email addresses is a growing problem and we appreciate being informed of any relevant incidents so that we can investigate them thoroughly.

6. How long do we keep your personal information?

   We will retain your personal information for as long as you maintain a Body Energy Club membership.

7. What type of consent are you providing to us?

   As stated above, by signing up for a Body Energy Club membership, or by using our Website or our App, and by providing us with your personal information, you are giving us your express consent to the collection, use, and disclosure of your personal information in accordance with this Privacy Policy.

8. What if you want to revoke your consent to our collection and use of your personal information?

   You may revoke your consent and request a deletion of your personal information at any time. All requests for deletion and revocations of consent should be made in writing and sent to our Privacy Officer. Our Privacy Officer's contact details can be found below.

   Any withdrawal or modification of consent may limit or prevent us from providing you with our products and services as the deletion of your personal information will in effect cause the termination of your Body Energy Club membership.

9. Can you request to see what personal information we have collected about you?

   You have the right to request all of the personal information we have collected from or about you. All requests should be made in writing and sent to our Privacy Officer. When submitting a written request, we may request specific information about you in order to verify your identity.

10. How do you contact our Privacy Officer?

    Dominick Tousignant, Privacy Officer
    #312 - 55 Water Street
    Vancouver, BC V6B 1A1

    Telephone: (604) 288-7009
    Email: privacy@bodyenergyclub.com

11. Does our Website or our App use cookies or any other data tracking tools?

    Our Website uses cookies. A cookie is a small data file which is transferred from our web server to your browser when you are using our website. This data file allows us to obtain information regarding how you use our website and how you use the internet generally. Information gathered through the use of cookies assists us in providing you with a better online experience.

    Our Website uses Google Analytics. Google Analytics creates reports about visitor activities that we use to improve our services. Information provided to us through Google Analytics is not provided to us in a personally identifiable format and you may opt out of its use at any time (by using the "Google Analytics Opt-Out Browser Add On"). The information gathered through Google Analytics is retained indefinitely.

    Our App also uses Google Analytics as well as New Relic. New Relic is a web tracking and analytics software that allows websites and mobile apps to track user interactions and service operators' software and hardware performance.

12. What happens if we change our Privacy Policy?

    We may from time to time revise this Privacy Policy. Any revisions to this Privacy Policy will be posted on our website at www.bodyenergyclub.com/privacypolicy and will be effective from that date forward.

    Any changes to this Privacy Policy that may require your consent will not take effect until your consent has been obtained.

    This Privacy Policy was last updated on July 14, 2025