BEATBIKE STUDIOS LTD TERMS & CONDITIONS

1.General Terms

a)The Operator of this Service is Beatbike Studios Ltd (we, us or our). Our company number is 08068664 and we registered in England and Wales with our registered office at 6 Avenue Road, St Albans , Herts AL1 3QQ. We are not currently VAT registered.

b)These terms and conditions include general terms and conditions for use of this site and relating to the services provided by Beatbike Studios Ltd on the site and in our studios including outdoor classes and special events.

c)From time-to-time we may revise these terms and conditions . Please review this page regularly to ensure you are familiar with the current version.

d)These terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website.

e)Please read these terms and conditions (the Terms) carefully. By accessing and using our website, any content and features therein and purchasing or using any Products or Services on this Site or in a studio (together, our Services), you indicate your acceptance of these Terms, our Privacy Policy (has its own section on website) and any other notices, guidelines and rules published by us.

f)You are granted a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the Site by Beatbike Studios Ltd so long as you comply with these Terms and Conditions and any modifications as permitted above.
h)Please do not use our website or services if you disagree with any part of these terms and conditions.

2.Definitions

Services means any information and services ordered and/or provided by Beatbike Studios Ltd (or beatbike) through or via the Site or our studios offered as part of any course or workshop. Any electronic information supplied to you by Beatbike Studios Ltd is part of Service not a Product and cancellation rights will apply accordingly. Site means the web site at the URL www.beatbike.co.uk or replacement site(s) from time to time.

3. Service Use

a) Please use our Services lawfully and in a way that does not affect any fellow users in any way and with all applicable laws and regulations and per our Terms.

b) You agree that you will only access, use or print any of the Site’s contents for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.

4.Under 18s

You must be aged 16 or over to participate in our classes.  If you are under 18 you must present to us a waiver & release form signed by a parent/guardian (email info@beatbike.co.uk to receive an electronic copy you can print and get signed by your parent/guardian or your parent/guardian can sign in the studio) before participating in your first class. If you are under 16 you will need to obtain your parents or guardians permission before using any interactive features of our Site, such as transmitting or uploading any content onto our Site. If you are under 16 you must not reveal any personal information about yourself or anyone else, including your telephone number, home address or email address, to us or to any other user of our Services.

5.Copyright

The entire contents of these web pages remains our property and is copyright with all rights reserved.

6.Classes & Workshops Etiquette, Timings and Pricing

a) Please be aware that if you are more than 5 minutes late for a class, you may not be able to participate out of consideration for the instructor and other members, and also for your own safety (the warm-up is an important aspect of each class).

b)Please ensure that you are suitably dressed and have a drinks bottle with you.

c)There are waiting lists for most classes so, if a class you particularly want is not available, please sign up for the waiting list.

d)Riders who sign up to a waiting list will be automatically allocated to the class if a rider cancels and the rider will be charged accordingly.

e)Riders may remove themselves from the waiting list at anytime but once automatically allocated to a class for which there is less than 24hrs until class, they will not be able to cancel without losing a ride credit.

f)During your account set up all riders will complete an indemnity form and note that they have read and agreed to these Terms.

g)Instructors and classes are subject to change and you will not receive a refund, we may choose, at our full discretion to credit you with a similar class.

h)If Beatbike Studios Ltd cancels a class, a class will be credited to your beatbike account.

7.  Cancellation Policy

a) Cancellations made with less than 24 hours’ notice will be charged in full.  Should you not be able to attend your class you must notify beatbike by logging in to your beatbike account/My Info/My schedule/Cancel or Reschedule or by emailing info@beatbike.co.uk more than 24 hours before the start of your class.

b)Single Class Purchases – if you cancel more than 24 hours before the start of your class  your purchase will be credited to your account and you may use this credit for another class of the same type within three months.

c)Series Purchases – if you cancel more than 24 hours before the start of your class your purchase will be credited back to your class series and you may reschedule another class in your series within 6 months.

7.Transferal of credits

Class credits are not transferable to another person unless permitted by Beatbike Studios Ltd’s Management under exceptional circumstances.

8. Registration & Your Account

a)Before you make any purchases or subscribe to any programs on the Site, you must first establish a customer account. Your account information is held by our 3rd Party software supplier Mind Body Online. Please read their terms and conditions of use carefully before creating an account. You are 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 Beatbike Studios Ltd 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 customer account at any time. Any abuse of the MindBody Online system will result in your account being terminated. It is your responsibility to undertake 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.

b) You also agree that Beatbike Studios Ltd may, at its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) any abuse what so ever of the Site(2) violations of the Terms and Conditions, (3) failure to pay for subscriptions or purchases, (4) suspected or actual copyright infringement, (5) unexpected operational difficulties, or (6) requests by law enforcement or other government agencies. You agree that Beatbike Studios Ltd will not be liable to you or to any third party for termination of your access to the Site.

9. Health & Safety Disclaimer

a) All clients must fill in our health questionnaire accurately whilst setting up their account and before participation in any class/physical exercise. This must also be kept up to date of any changes to the answers.

b)Always seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change – especially if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Our Site is not intended to provide medical advice or make medical diagnoses and any Materials on this Site may not be tailored to match your energy, health or fitness level. Please first consult a medical professional if you are at all unsure that our services are suitable for you. The content on this Site and our Services may involve strenuous exercise. Stop exercising and seek medical advice if you feel dizzy, faint, 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. Never force or strain. You should stretch before any workout and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. Remember, ultimately, your health is your responsibility and you participate at your own risk.

10. Warranties and Disclaimer

a)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).

b)We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected or that our Services or the servers that makes them available are free of viruses or bugs.

c)Beatbike Studios Ltd will always try to provide and supply services and products with reasonable skill and care but we shall not be responsible for any breach of these Terms caused by circumstances beyond our control.

d)Beatbike Studios Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.

e)Beatbike Studios Ltd may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Beatbike Studios Ltd (including if the credit/debit card you use is not valid or does not work for another reason).

11. Limitation of Liability and Use Disclaimer

a)We accept no liability in respect of any User Contributions submitted by any of our users. Your use of our Services, the Materials and/or any User Contributions is entirely at your own risk.

b)To the fullest extent permitted by law, we (Beatbike Studios Ltd) and third parties connected to us will not be liable for any direct, indirect or consequential loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising under these terms and conditions or in connection with use of our Services or our Site whether arising in tort, contract, or otherwise including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue, anticipated savings or losses suffered by any third party, including infringement of any intellectual property or privacy rights. 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.

c)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 this website and the information on this website. Whilst we endeavour to ensure that the information on this website is truthful, legal, honest and decent as of the date of it’s preparation, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

d)Our liability is limited and excluded to the maximum extent permitted under applicable law.

e)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.

f)You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Service is on an as is and as available basis. On that basis, except as expressly set out in these terms, Beatbike Studios Ltd does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.

g)Subject to the important liability statement, Beatbike Studios Ltd is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.

12. Indemnity

You agree to indemnify, defend and hold harmless Beatbike Studios Ltd, its respective owners, officers, directors, employees and agents from and 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 Site or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify Beatbike Studios Ltd, shall survive beyond any term that these Terms and Conditions are in effect.

13. Third Party Links

We do not accept any liability in connection with any third party web sites which may be linked or accessible through our own Web site and we do not endorse or approve the contents of any such site. In relation to a dispute arising out of this Web site you the user and we, Beatbike Studios Ltd agree to submit exclusively to the jurisdiction of the courts of England and Wales.

14. Sponsorship & Advertising

Parts of or all of the Services may sometimes contain sponsorship & advertising. Advertisers and sponsors are responsible for ensuring that any submitted content on our Services comply with relevant laws, regulations and codes and these Terms. We are not responsible for any of the content in these advertising or sponsorship materials.

15. Different/ Temporary Terms

From time to time our Site may contain terms and conditions of use which are in addition or different to these Terms and Conditions (eg for certain promotions or special premium content for certain consenting users who allow sponsors to share their personal information) . The additional and/or different terms and conditions of use will govern with respect to those specific pages or sections to which they apply only.

16. Data Protection Act 1998 & Privacy

a)Your personal information is your personal property and, as such, we recognise this places serious responsibility on us. We are registered under the Data Protection Act 1998 and publish a separate Privacy Policy on the such named web page which you must read.

b)Any personal information supplied by you as part of any registration process and/or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. By using our Services you consent to such collection and processing and you promise that all data provided by you is accurate.

c)While Beatbike Studios Ltd takes 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.

17.Severablity & Jurisdiction

a)If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

b)The Terms are governed by and construed in accordance with the laws of England and Wales

18.Contact Us

Please contact us, if you have any questions concerning the Site, its Services or any of the policies in these Terms and Conditions, at:

Beatbike Studios Ltd, 26 Carlisle Ave, St Albans, Hertfordshire AL3 5LU. info@beatbike.co.uk

Last updated: 26th August 2012