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FittPass

Terms of Use


FITTPASS TERMS OF USE

DEFINITIONS

Partners: Gyms, HealthClubs, Dance Studios, Wellness centers, Group exercise studios and anyone else that FittPass International FZ LLC deems as potential partner for providing fitness, will be part of the FittPass Programme.

Product: The main product is passes for entrance into Partner gyms however FittPass may from time to time sell other product as to which the following terms and conditions apply.


General Introduction

These terms and conditions administer your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We update these terms often so please refer back to them in the future.

FittPassInternational FZ LLC acts as Principal and as a Disclosed Agent for third party suppliers. When FittPass is acting asa Disclosed Agent this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. Where we act as a Disclosed Agent, this will mean that we have no contractual liability to you in respect of that product. Agent.

When is a purchase made? A purchase is made at the point a pass is issued to your registered email address.


1. SITE ACCESS

You will be ableto access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only once you have registered.


2. USE OF WEBSITE

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

Subject to paragraph 2, no part of this Website may be reproduced without our prior written permission.

Customer are allowed to create one account only on FittPass.com. We reserve the right to close all the accounts of any user that is suspected of creating multiple account to take advantage of promotions or referral offers.


3. SITE UPTIME

We take all reasonable steps to ensure that this Website is available 24 hours every day,365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

This Website maybe temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.


4. WEBSITE VISITOR CONDUCT

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate andotherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this Website any material: 

  1. for which you have not obtained all necessary consents;

  2. that is discriminatory, obscene,pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law inthe United Arab Emirates; which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.


5. LINKS TO AND FROM OTHER WEBSITES

Any links to third party websites located on this Website are provided for your convenience only.We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them.If you choose to access a third party website linked to from this Website, it is at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

  1. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  2. you do not misrepresent your relationship with us or present any false information about us;
  3. you do not link from a website that is not owned by you; and
  4. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Arab Emirates.

If you choose tolink to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.


6. DISCLAIMER

We take all reasonable steps to ensure that the information on this Website is correct.However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. Tothe maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.


7. EXCLUSION OF LIABILITY

When you exchange a pass for entrance to any of our Partner’s premises within the FittPassprogramme, FittPass, its officers, agents and/or consultants have no liability whatsoever in contract, tort, or otherwise for your acts, omissions or opinions and is in no way responsible for the behaviour or within any of the Partner’spremises. This means that FittPass International FZ LLC is in no way liable or responsible for your health and safety at any time.

Neither we nor anyother party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without  limitation, any other direct, indirect or consequential loss, and whether intort or contract or otherwise in connection with this Website.


8. TERMS OF USE FOR DIFFERENT TYPES OF PASSES

General Terms

A pass is a uniquealpha numeric code purchased by you and only applies to and is valid to beredeemed at the selected gym Partner for entrance to their facilities.

1 DAY Pass

All 1 DAY passes are valid for one single entrance to the gym it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked ‘Expired’ in the ‘My Account’ section. You cannot refund anunused 1 Session pass at any point during its 30 day validity period. Once used, a 1 day pass may not be refunded.

A 1 DAY pass purchased with bonus credit cannot be refunded, however in the scenario where partners are unable to fulfill their contractual obligation, then the refund of the value of passes will be in the form of credits to be re-used on Fittpass.com. The bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used.

5 DAY PASS

Bundle products are multiple single use passes which are sold at a discounted price than the corresponding individual pass. 5 day pass are valid for 30 days from the date of purchase. Unused bundle products are nonrefundable.

1 Month and 3 Month passes

1 Month and 3 Month passes are valid for an unlimited number of entries to the club FACILITY that they have been purchased for. 1 Month and 3 Month passes are only valid for the individual who has purchased them. 1 Month passes are valid for 30 days from date of purchase. 3 Month passes are valid for 90 days from date of purchase. Unused 1 Month and 3 Month passes are nonrefundable.

6 Month and 1 Year Passes

6 Month and 12 Month passes are valid for an unlimited number of entries to the club FACILITY that they have been purchased for. 6 Month and 12 Month passes are only valid for the individual who has purchased them. 6 Month passes are valid for 120 days from date of purchase. 12 Month passes are valid for 365 days from date of purchase. Unused 6 Month and 12 Month passes are nonrefundable. 


9. REFUNDS:

Passes bought (1day, 5 day, 1,3,6,12 months) on Fittpass.com are non-refundable, however in the scenario where a partner is unable to fulfill their contractual obligation either because they cease to exist or do not want to honour their contract then refund of the value of passes will be in the form of credits to be re-used on Fittpass.com.


10. MINIMUM AGE TO PURCHASE A PASS

You have to be aged 18 years or above to purchase a pass. However some of our Partners allow parents and other legal guardians to purchase passes to be used at Partner gyms for children under 18 in their care. This is most likely to be the case for Local Leisure Centre facilities where swimming passes are available. As it is entirely under the discretion of the gym you are advised to check with the Partner that you intend to visit if you would like to purchase a pass for children less than 18 years of age.


11. DISPUTE

In case of any disputes the law applicable would be based on the UAE Governing Law.


12. SHIPMENT EXCLUSIONS

www.fittpass.com will NOT deal or provide any services or products to any of OFAC sanctions countries in compliance with the law of UAE


13. TRANSACTION CURRENCY

Type of currency accepted in a transaction on FittPass is AED.


14. CREDIT CARD ACCEPTED

FittPass accepts only transactions with Visa and MasterCard. If “Credit Card Online” is selected as the payment methods then the details on the Customers ID (Card holders ID)should exactly match that of the credit card used to make the purchase.

15. TERMS AND CONDITIONS OF COMPETITION

  1. By entering the “Sign up & Win™ “(Competition), you confirm that: you have read and understood these terms and conditions (Terms) and agree to be bound by them; and
    1. In doing so you do not breach any applicable laws. FittPass will not be responsible for any entrant entering the Competition unlawfully or otherwise in breach of applicable law. You are advised to check or seek advice on the law applying to you before entering the Competition.
  2. Information on how to enter and prizes form part of the Terms, even if they are provided elsewhere. You must strictly comply with the entry requirements, or your entry will be invalid and/or disqualified.
  3. End date of the competition is November 30th, 2015. Any entry received post the specified date shall be void.
  4. FittPass reserves the right, in their sole and absolute discretion, to:
    1. amend or vary any of the Terms, the entry requirements and/or the prizes at any time without prior notice and by entering the Competition you agree to any such amended Terms; and/or
    2. terminate or disqualify your entry or reclaim any prize at any time if they believe you have breached of any of the Terms (whether discovered during or after the end of the Competition).
  5. All entries must be your own original creative work and must not be copied from any other work. If FittPass believe your entry is copied from any other work, in whole or in part, your entry will be disqualified.
  6. No entry fee is necessary to enter the Competition.
  7. Employees of FittPass , their related companies and advertising agencies, and the immediate families of such employees, are not eligible to enter the Competition.

Prize(s)

  1. The prize for the Competition is as follows: 1 Prize for one winner. The Prize is iphone 6s and the prize shall be collected by the winner.
  2. The winner(s) of the Prize(s) will be selected at FittPass’s sole discretion on the basis of Signing up to the website and buying the highest number of passes, regardless of Pass Type.
  3. The winner of the Competition will be announced on the channel on weekly basis. The winner(s) will be notified separately by email and will be required to acknowledge receipt of such email within 5 working days of such receipt. Winner who fails to acknowledge receipt of such email will not be entitled to claim any part of their prize(s). FittPass reserve the right in their sole and absolute discretion to deal with the unclaimed prize.
  4. The Prize will be given to the winner in the form specified above. The winner must accept the Prize in that form. The Prize are non-negotiable, non-transferable, non-refundable and not exchangeable for cash, credit or kind, either in part or in full, except at the sole and absolute discretion of FittPass . The Prize cannot be sold or bartered. There is no refund for the Prize, if partially used or consumed.
  5. FittPass reserves the right in their sole and absolute discretion to deal with the unclaimed Prize in any manner FittPass considers appropriate.
  6. FittPass shall not under any circumstances be responsible or liable for any failure of the Prize to reach the winner.
  7. By entering the Competition, you release FittPass from any claim, action, demand, responsibility or liability arising out of or in connection with the Competition or the Prize, including for any failure or breach by any party in connection with the Competition or any Prize.
  8. Use of material: Material is hereby defined to include:
    1. your name and likeness;
    2. any photograph(s), video(s), drawing(s) or other material(s) you submit as a part of your entry into the Competition; and
    3. any other information you provide or which is otherwise available to FittPass through or in association with the Competition;

By participating in the Competition, and in particular by submitting an entry, you:

a.       irrevocably grant and/or assign to FittPass all rights of every kind (including without limitation any copyright) in and to the above (the Material), including without limitation the right to exploit the Material in or through any and all media and formats now existing or hereafter developed, throughout the universe, in perpetuity, in connection with the Competition, FittPass, or otherwise and for advertising, promotional and/or any other purpose FittPass see fit at their absolute discretion, by FittPass and/or any party authorized by FittPass, without compensation

  1. The winner of the Competition may, at no cost to FittPass, be requested to participate in public relations events relating to the Competition. This may include, but not be limited to, quotes given for inclusion in press releases, press conferences, and interviews.

Miscellaneous

  1. FittPass have no responsibility or liability for incorrect or inaccurate capture of entrants' information, including but not limited to technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect or failures of: any telephone or computer line or network, computer equipment, software or any combination thereof.
  2. If, for any reason, the Competition is not capable of running as planned, for any reason beyond the reasonable control of FittPass, FittPass reserve the right to cancel, terminate, modify or suspend the Competition, in whole or in part, at their sole discretion, and to take whatever action they see fit against any person causing or contributing to such interference with the Competition.
  3. FittPass decisions as to any matter relating to the Competition shall be final and binding, and no correspondence will be entered into.
  4. The law applicable to the Competition and the Terms is the law of the United Arab Emirates (UAE) and the courts of the UAE will have exclusive jurisdiction in case of any dispute arising in relation thereto.

 

15. CONTACTING FITTPASS

You can contact the FittPass team at info@fittpass.com andwe will make every effort to reply to your query within 48 hours of receiving your e-mail. We really appreciate any feedback so please do not hesitate to contact us.

Alternatively you can write to us at:

FittPassInternational FZ LLC

P.O.Box : 4422

Boutique OfficesNumber 7

Dubai InternetCity

Tel : 04 439 4267

We welcome any feedback, comments or complaints.


16. GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with UAE law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of UAE.


17. OPENING HOURS

Gym opening hours will be clearly shown on the website. During Public holidays and other occasion the gym may change opening times without informing FittPass, however we aim to keep the information on FittPass as up-to-date and correct as possible for our customers.


18. FEEDBACK ON FACILITIES OR NETWORK PARTNERS

You are able to leave feedback on the gyms you have visited. Unlike other feedback websites all of the feedback on FittPass has been left by customers that have visited the gym in question. Once you have redeemed a pass at a gym you will automatically be prompted to leave rated feedback for gyms on a number of criteria and you will also be able to write a short comment on your experience. All feedback will be used to provide feedback to gym Partners to help them improve the customer experience they offer. Free text feedback is published if deemed to be a fair and true representation of a customer’s experience. FittPass will share all customer feedback with the gym in question and may allow the partner gym to respond to feedback where appropriate. By agreeing to these Terms &Conditions you agree to only provide helpful and constructive feedback that represents and honest account of your experiences. We really appreciate your time to help other gym users and our Partner gyms by leaving feedback on your experiences. FittPass International FZ LLC, will be the ultimate authority when it comes to allowing a review to be published on Fittpass.com


19. COUNTRY OF DOMICILE

The country of domicile is the UAE


20. FURTHER INFORMATION

If you have any questions relating to our Terms and Conditions please contact us at:

FittPassInternational FZ LLC

P.O.Box : 4422

Boutique OfficesNumber 7

Dubai InternetCity

Tel : 04 439 4267

All Rights reserved by : FittPass © 2017