Terms of Service
These terms apply to all users of our Website www.thehitroom.com.hk (the “Website”) and to all clients and customers of The HIT Room Limited (hereinafter referred to as “we, us or our”). We are a company registered in Hong Kong at Units 13 & 15, LG/F, Block 2, Office Building, Discovery Bay North Plaza, 96 Siena Avenue, Discovery Bay, Lantau Island, Hong Kong.
We provide various Products related to our Services (the “Products”) and small group and personal training sessions for our customers at our studio facilities and such other locations that we may advise from time to time (the “Services”). We may also provide information regarding our Products and Services through various marketing materials, such as leaflets, booklets brochures, email information, advertisements or content on our Website (Materials).
Please read these terms and conditions carefully, as they include important information regarding your legal rights, remedies and obligations. If you do not agree to be bound by these terms, you should stop using our Website, Products and Services immediately.
1) USE OF OUR WEBSITE
1.1. Subject to these terms, we grant you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
1.2. If you are under 16 you must obtain your parent’s or guardian’s permission before using the Website and must not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address, email address) to us or to any other users of the Website.
1.3. All orders for The HIT Room Limited’s Products or Services made via the Website shall constitute a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been accepted.
1.4. You must (a) be at least eighteen (18) years of age and (b) be a natural person (no corporations, partnerships or other legal entities) to use our Website to purchase any Products or Services,
1.5. Prior to the purchase of any Products or Services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) any activation numbers or codes needed to charge your card and (vi) your billing address to which the card is associated. By submitting the aforesaid information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
1.6. Before you make any purchases or subscribe to any programs on the Website, you must first establish a customer account (hereinafter referred to as “Account”).
1.7. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card.
1.8. You shall be responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or Account at any time.
1.11. Whilst we shall take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.
1.12. In accessing the Website, you agree that you will only access its contents for your own personal and non-commercial use and not for any commercial or other purposes, including the advertising or selling of any goods or services. You also agree not to adapt, alter or create any derivative works from any content on our Website except for your own personal, non-commercial use without our prior written permission.
1.13. We reserve the right to restrict access to certain areas of our Website, or indeed our whole Website, at our sole discretion.
1.14. You may view, download and print pages or other content from the Website provided that: (a) you do not republish any material from the Website (including republication on another Website), or reproduce or store any material from the Website in any public or private electronic retrieval system; (b) you do not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or material for any commercial purpose, without our express written consent.
1.15. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated.
1.16. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any documents or information through any means not purposely made available through the Website.
1.17. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any of the systems or networks comprising or connected to the Website.
1.18. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer to avoid disclosure of such items.
1.19. You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Website and your Account for any reason, including without limitation: (a) attempts to gain unauthorized access to the Website or assistance to others’ in attempting to do so, (b) overcoming software security features limiting use of or protecting any material on our Website, (c) discontinuance or material modification of the Website or any service offered on or through the Website, (d) violations of these terms and conditions, (e) failure to pay for subscriptions or purchases, (f) suspected or actual copyright infringement, (g) unexpected operational difficulties, or (h) requests by law enforcement or other government agencies.
1.20. You agree that we shall not be liable to you or to any third party for termination of your access to the Website.
1.21. Information published via the Website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on the Website by you or by anyone who may be informed of any of the contents of the Website. You acknowledge that when using the Website you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials.
1.22. In the event that we are involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that all data collected on our Website may be included in the assets of, and/or transferred pursuant to, any such transaction.
1.23. The information on this Website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of the Website and the Material. Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the Material is kept up to date.
1.24. The Website may include links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and Services that you may find useful or interesting, however, we are not responsible for the content of such sites and pages or for anything provided by them.
1.25. All material contained on this Website, digital downloads, and all links or other items related thereto are transmitted and distributed “as is” and without warranties of any kind, either express or implied, including, without limitation, that the site, its features and functions, will be available for use or work as described You must not use the Website to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Website or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Website or any other web site or damage or destroy our reputation.
1.26. We accept no obligation to monitor the use of the Website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or material, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We shall also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. You should refresh your browser each time you visit the Website to ensure that you download the most up to date version of the Website as we may change the Website from time to time.
1.27. Our Website is not intended to provide medical advice or make medical diagnoses. The exercises described may not be tailored to match your health or fitness level. If you are concerned about whether any exercises identified on our Website are right for you, do not participate in them unless and until you have consulted your doctor.
2) USE OF OUR PRODUCTS AND SERVICES
2.1. You agree to use our Products or Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services and in compliance at all times with these terms and conditions and with all prevailing laws and regulations.
2.2. During any sessions provided by us make sure you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your doctor if you feel light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate.
2.3. The information available regarding our Services supplied by us does not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that our Products and Services are suitable for you. It is not our responsibility to do so.
2.4. Always seek the advice of your doctor or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Website or in any of the Material.
2.5. The following terms apply to our Sessions:
i) If you are more than 5 minutes late for your workout, you may not be able to train. The warm-up is an important aspect of each Session, which you shall be required to do for your own safety.
ii) There are significant elements of risk, serious injury or even death in any sport, activity, or training associated with exercise Services. Injuries will vary in their severity depending on the circumstances and could possibly result in very serious disabling injuries. Participants should be aware of such risks and commit to make every effort to educate themselves and train in such a way as to limit risk of injury to themselves and others. You are responsible for bringing all prescribed medication, appropriate clothing and footwear, and/or any equipment deemed necessary for protecting yourself against injury.
iii) Always obey instructions from our staff in relation to participating in our activities. Breach of these rules means you may be removed from our program.
iv) If a session you particularly want is not available please sign up for the waiting list. Trainers are subject to change.
3) PAYMENT, REFUNDS AND CANCELLATIONS
3.1. Unless otherwise set forth all sales of Products and Services are final and all charges from those sales are non-refundable.
3.2. You agree to pay all fees and charges incurred in connection with your purchases of our Products or Services (including any applicable taxes) at the rates in effect when the charges were incurred.
3.3. For all purchases made with a credit card unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.
3.4. Packages for our Products are sold in such combinations as we may introduce from time to time. You may not transfer these to any other person or permit them to be used by anyone else. Any assignment, transfer or disposal of packages for our Sessions are at our sole discretion and may only be permitted in exceptional circumstances. Your payments are non-refundable.
3.5. All fees may be increased by us at any time. We shall give you not less than 14 days notice prior to any such increases.
3.6. Small Group and Personal Training Sessions must be cancelled at least 24 hours prior to the start time, directly with your trainer. In any other case, the booked Small Group or Personal Training Sessions can be cancelled but will be charged.
3.7. When you are purchasing a package for our Sessions you are paying for a Session and not a Trainer. Trainers are subject to change without notice.
3.8. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. An administration fee shall be applicable for such refunds.
3.9. All Products provided by us may be returned within 14 days for exchange only. Returns are valid only for Products that have not been opened, used or damaged. Products which are defective or damaged upon arrival may be returned immediately for exchange.
3.10. We reserve the right to refuse or cancel any orders placed for Products and/or Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
3.11. We reserve the right, at any time, to change the prices and billing methods for any Products or Services which shall be made effective immediately upon posting on the Website or by e-mail delivery to you. Information displayed on the Website or at our Studio as to pricing and availability is subject to change without notice.
4) INTELLECTUAL PROPERTY RIGHTS
4.1. All Materials are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by us, or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these terms and conditions.
4.2. Except as specifically permitted, you undertake not to copy, store in any medium (including on any other Website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Materials without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable).
4.3. Unless otherwise stated, we own the intellectual property rights in the Website and Material. All our intellectual property rights are reserved.
4.4. We value intellectual property and respect the intellectual property rights of others. We shall remove any material that infringes the copyrights of other parties or that in our good belief infringes such copyrights.
4.5. If you believe that your copyrighted material may have been infringed by material contained in our Material, then you may inform us in writing. In your notice, you must include the following: (a) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner; (b) identification of the copyrighted work(s) that is (are) allegedly being infringed; (c) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials; (d) contact information (i.e., name, address, email address) sufficient to enable us to contact you; (e) a statement to the effect that you have a good faith belief that the complained use of the material was not authorized by the owner of the copyright, its agent or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
5) WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
5.1. Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other terms of any kind, express or implied, in connection with our Services and with your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
5.2. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage whether arising in tort, contract, or otherwise (whether such losses were foreseen, foreseeable, known or otherwise) for any death or injury to persons arising from, out of or in connection with the use of the Website, Products or Services.
5.3. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, consequential, special or exemplary loss or damage whether arising in tort, contract, or otherwise (whether such losses were foreseen, foreseeable, known or otherwise) for any proprietary losses arising from, out of, or in connection with the use of the Website, Products or Services, including without limitation: (a) damage to property; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
5.4. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
5.5. We are not liable for failure to comply with these terms and conditions due to any event beyond our reasonable control, including, without limitation, the input of incorrect information by you.
5.6. You agree to indemnify, defend and hold us harmless against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to legal fees) arising from or in connection with: (i) your use of the Website, Products, Services or Materials; (ii) any violation by you of these terms and conditions or your violation of any law, regulation or third-party right;
5.7. You agree that your obligation to indemnify us, shall survive beyond any term that these terms and conditions effect.
5.8. You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Website other than in accordance with these Terms or any applicable law or regulation.
6) GENERAL TERMS
6.1. You consent to receive electronic communications from us when you communicate with us electronically. You agree that all communications (including, but not limited to all notices, agreements and disclosures) that we provide to you electronically shall satisfy any legal requirement that such communication be in writing.
6.2. If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and condition are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
6.3. These terms and conditions are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Hong Kong.
6.4. From time to time, the policies set forth in these terms and conditions may change. We will post changes to these terms and conditions on our Website, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review our terms and conditions regularly so that you will remain abreast of our current policies. Any purchases you may make either in person or using our Website subsequent to any amendment of these terms and conditions will signify your acceptance of the revised terms.
7) CONTACT US
If you have any questions concerning these terms of service, please contact us at firstname.lastname@example.org..