ALL CUSTOMERS OF TORQ LTD / “TORQ CYCLE” AND VISITORS OF WWW.TORQCYCLE.COM ARE SUBJECT TO THE TERMS BELOW. PLEASE READ THEM CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND COMMITMENTS WHEN USING TORQ’S SERVICES AND WEBSITE (WHICH INCLUDES A VARIETY OF LIMITATIONS AND PROHIBITIONS, AND DISPUTE RESOLUTION CLAUSES THAT GOVERNS HOW DISPUTES WILL BE RESOLVED). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THIS WEBSITE IMMEDIATELY.
This agreement applies between you, the user of this website and TORQ Ltd, the owner of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of this website. No part of this website is intended to constitute a contractual offer capable of acceptance. Your order for TORQ Ltd’s products or services 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 fulfilled. As long as you comply with these terms and conditions and any modifications hereto as permitted below, we grants you a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Website.
This service is operated by TORQ™ Ltd (hereinafter referred to as “we, us or our”). We are a company registered in Hong Kong and provide fitness classes for our customers at the Studio (3F, Abdoolally House, 20 Stanley Street, Central, HK).
USER OF OUR SERVICES
1) You agree to use the 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) In accessing the Services, 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 a derivative work from any content on our Services except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
4) If you are under 16 you will need to obtain your parent’s or guardian’s permission before using the Services 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 Services.
6) You may view, download and print pages or other content from the Website provided that: (a) you do not republish Material from the Website (including republication on another website), or reproduce or store 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 a commercial purpose, without our express written consent.
1) We strive to create a safe and innovative environment by using physical exercise as our backdrop for lifelong training and health. The following apply to the Classes:
a. If you are more than 5 minutes late for a Class, you may not be able to train. The warm-up is an important aspect of each Class which you shall be required to do for your own safety.
b. 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.
c. 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.
d. If a class you particularly want is not available please sign up for the waiting list. Instructors and classes are subject to change.
1) 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”).
2) 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.
3) 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. 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.
4) 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 Materials, documents or information through any means not purposely made available through the Website. 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. 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.
5) 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, (c) discontinuance or material modification of the Site or any service offered on or through the Site, (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.
6) You agree that we shall not be liable to you or to any third party for termination of your access to the Website
REFUNDS AND CANCELLATIONS OF CLASSES AND PRODUCTS
1) Class packages for our Classes are sold in such combinations as we may introduce from time to time. You shall transfer sessions to any other person once or allow them to be used by anyone else on your account. Any assignment, transfer or disposal of packages for our Classes are at our sole discretion and may only be permitted in exceptional circumstances. Class fees are non-refundable.
2) Class 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) Any booked Classes must be cancelled with more than 6 hours until the Class start time, through your online account. In any other case, the booked Classes can be cancelled but will be charged. When you are purchasing a package for our Class you are paying for a Class and not an instructor. Instructors are subject to change without notice.
4) 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.
5) 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.
6) We shall have 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.
7) We reserves 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.
SALES AND PAYMENT TERMS
1) To purchase any Products or Services on our Website, you must (a) be at least sixteen (16) years of age and (b) be a natural person (no corporations, partnerships or other legal entities).
2) 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. Unless otherwise set forth all sales of products and services are final and all charges from those sales are non-refundable.
3) 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. 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.
You consent to receive electronic communications from us when you communicate with us electronically, via email or otherwise or when you set up an Account with us. 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.
INTELLECTUAL PROPERTY RIGHTS
1) All Materials are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by 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.
2) Except as specifically permitted on our Services, 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 Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable).
3) Unless otherwise stated, we own the intellectual property rights in the Website and Material. All our intellectual property rights are reserved.
4) You may use the Website for personal and lawful use and in accordance with these terms and conditions.
5) You are not allowed to copy or use any material from the Website for any commercial purpose. 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.
6) 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 Site to ensure that you download the most up to date version of the Site as we may change the site from time to time.
7) We value intellectual property and respect the intellectual property rights of others. We shall remove material on the Website that infringe the copyrights of others or that in our good belief infringes such copyrights.
8) We may terminate the offending user’s Account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Website, then you may inform us in writing.
9) 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.
RELIANCE ON INFORMATION ON OUR WEBSITE
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.
WARRENTIES AND DISCLAIMER
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 your use of our Services (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
LIMITATION OF LIABILITY AND DISCLAIMER
1) We accept no liability in respect of any User Contributions submitted by any of our users. Your use of the Website, the Services, the Materials and/or any User Contributions is entirely at your own risk.
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 such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of the Website, the Services, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (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.
3) 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 endeavor to ensure that the information on the 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.
4) Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with the Website and Services whether arising in tort, contract, or otherwise including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
5) The information available on or through the Website, and the Services supplied via or in connection with this Website or at the Studio do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.
6) It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this Website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you.
7) You, your legal representatives and your heirs release waive, discharge and covenant, not to sue us and our instructors for any injury or death caused by their negligence or other acts.
8) Except as expressly set out in these terms, we do not enter into conditions, warranties or other terms in relation to the Website, Products or Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
9) 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.
10) 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. We are not responsible for any damages or loss related to the use of the Website or downloads from the Website and Products or Services offered at the Website.
11) 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.
12) Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowable under applicable law.
1) 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 attorneys’ 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;
2) You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these terms and conditions effect.
HEALTH AND SAFETY DISCLAIMER
1) Always seek the advice of your physician 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) This Website is not intended to provide medical advice or make medical diagnoses. The Services may not be tailored to match your health or fitness level. If you are concerned about whether any exercises identified on the Website or in any of the Material are right for you, do not do them unless and until you have cleared it with your physician. The Material available on the Website involves rigorous exercise. Make sure you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your physician 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.
3) The creators, owners and distributors of the Website are not responsible for any injuries you may experience as a result of your use of the Website, Products, Material or Services. By remaining on the Website and/or accessing and / or using any material, you are accepting that you have read, understood and agreed to follow these basic instructions. You agree to participate at your own risk.
REIMBURSEMENT BY YOU
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 Services other than in accordance with these Terms or any applicable law or regulation.
2) While we 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.
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.
JURISDICTION (APPLICABLE LAW)
1) The 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.
2) In the event that any portion of these terms and conditions are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction.
CHANGES IN POLICY
From time to time, the policies set forth in these terms and conditions may change. We will post changes to these terms and conditions at the Website, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these terms and conditions often so that you will remain abreast of our current policies. Your use of this Website including any purchases you may make from the Website subsequent to any amendment of these terms and conditions will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
ACQUISITION OF BUSINESS
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 the Website, all data collected on this Website, and all of our rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.
If you have any questions concerning the Website or policies in these terms and conditions, please contact us at firstname.lastname@example.org