“Effective Date” means the date upon which Fitness Fusion Studio confirms your application to become a Fitness Fusion Studio business customer.

“Platform“ means the website and app (including mobile) on which the Service is made available by Fitness Fusion Studio and which is owned, controlled, managed, maintained and/or hosted in accordance with the Terms of Use.

“Service“ means the online reservation service (including the facilitation of payments) for business customers of various products and services.

1. Scope of our Service

• By making use of the Platform, you enter into a direct legally binding contractual relationship with Fitness Fusion Studio.

• When rendering our Service, the information that we disclose is based on the information provided to us by Fitness Fusion Studio. As such, Fitness Fusion Studio is given access to an extranet through which it is fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Fitness Fusion Studio remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform.

• Our Service is made available solely for the Business Customer to book [DRAFTING NOTE: CLIENT TO CONFIRM NATURE OF SERVICE PROVIDED] for its own use. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

2. Privacy and personal data protection

• Parties shall use commercially reasonable efforts to safeguard the confidentiality and privacy of any personal data processed in the context of this Agreement and to protect it from unauthorized use or release. Save as otherwise provided in this Agreement, each Party agrees to comply with the applicable data and ePrivacy laws, rules and regulations of the jurisdiction where such is incorporated (including) the Protection of Personal Information Act.

• Each Party shall process personal data under this Agreement as a data controller within the meaning of the Protection of Personal Information Act and shall be responsible for its own compliance under applicable data protection law for such processing activities.

 

• Business Customer understands and agrees that Fitness Fusion Studio shall process any personal data collected and relating to Business Customer and/or any persons acting on its behalf in accordance with the Fitness Fusion Studio privacy statement.

3. Credit card or bank transfer

• Fitness Fusion Studio offers the opportunity for [DRAFTING NOTE: CLIENT TO CONFIRM NATURE OF SERVICES PROVIDED] to be paid (as required under the payment policy of the Fitness Fusion Studio) to the Fitness Fusion Studio during the process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the Fitness Fusion Studio through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Fitness Fusion Studio will in each case constitute a payment of (all or part of) the booking price by you of the [DRAFTING NOTE: CLIENT TO CONFIRM NATURE OF SERVICE] in final settlement of such (full or partial) due and payable price and you cannot reclaim such paid monies.

• For certain (non-refundable) rates or special offers, please note that Fitness Fusion Studio may require that payment is made upfront by Electronic Funds Transfer or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Reservation. You will not hold Fitness Fusion Studio liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Fitness Fusion Studio and not (re)claim any amount for any valid or authorized charge by the Fitness Fusion Studio (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

 

• In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email [DRAFTING NOTE: CLIENT TO CONFIRM E-MAIL ADDRESS]. Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Fitness Fusion Studio’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

4. Intellectual property rights

• Unless stated otherwise, the software required for our Service or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Fitness Fusion Studio.

• Fitness Fusion Studio exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or reviews, you hereby assign, transfer and set over all such intellectual property rights to Fitness Fusion Studio. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).