Terms & Conditions

Please read carefully the following Terms of Use, which may be updated by HIT45 from time to time by HIT45 (these “Terms”). These Terms define your and HIT45’s rights and obligations. The most current version of these Terms can be accessed at any time at www.info@HIT45HK.com (the “Site”). Changes to these Terms will be notified via posting on the Site (or other written notice to you).

ACCEPTANCE OF TERMS OF USE

By accessing, browsing, and/or using the Site and/or any facility operated by HIT45 (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular HIT45 services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

GENERAL TERMS

Class packages are a non contract single payment that allows the user to access HIT45 classes. The class packages are to be used by the holder only and cannot be shared. The only package that can be shared between two members is the Share and Shred package.

‘Late Cancel’ or ‘No Show’ fee of one class, is in place for spots booked and cancelled less than 12 hours before the session and cannot be refunded. Missed classes will also not be refunded.

 

Unlimited Terms

Full access to all HIT45 classes. Unlimited package holders can take as many classes as the like within one month.

 

7 Day Unlimited Terms

Full access to all HIT45 classes. Unlimited package holders can take as many classes as the like within one seven days.

 

Lunchtime Unlimited Terms

Full access to HIT45 classes at 12pm or 1pm. Unlimited Lunch Time package holders can take as many lunchtime classes as they like within one month.

Single Class Package

The Single Class Package allows the user to use up to 1 class with an expiry date of two weeks, on a no strings attached, non-contact agreement starting from the day of activation.

 

6 Class Package

The 6 Class Package allows the user to use up to 6 classes with an expiry date of two months, on a no strings attached, non-contact agreement starting from the day of activation.

 

12 Class Package Terms

The 12 Class Package allows the user to use up to 12 classes with an expiry date of four months, on a no strings attached, non-contact agreement starting from the day of activation.

 

The Ultimate Hit Package Terms

The Ultimate Hit Class Package allows the user to use up to 45 classes with an expiry date of one year, on a no strings attached, non-contact agreement starting from the day of activation.

 

Share and Shred Package Terms

The Share and Shred Class Package allows a maximum of two users to use up to 20 classes between them with an expiry date of three months, on a no strings attached, non-contact agreement starting from the day of activation.

 

BILLING

Classes booked on the Mind Body App will be charged by Ezidebit. Ezidebit will add a surcharge for paying by credit card.

This will not be added by paying by EPS or cash within the studio.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, class packages will be blocked until the class is paid for. Unpaid packages or unpaid classes taken must be settled in studio by EPS or cash. You remain responsible for any uncollected amounts.

 

No Refunds. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, OR AS PROVIDED BY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. This policy applies toall products sold on HIT45’s website, Mind Body, Guava Pass and Class Pass.

You must be 18 or older to use this Site or to purchase class packages. Children over the age of 15 can take part in classes or buy class packages with parents written consent as long as it is prior  agreed by HIT45.

USER SUBMISSIONS

General. The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by HIT45. HIT45 cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not HIT45, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

Right to Remove or Edit User Submissions. HIT45 makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.

License Grant by You to HIT45. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to HIT45, you hereby grant HIT45 and its affiliates, sub-licensees, partners, designees, and assignees of the Site (collectively, the “HIT45 Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and HIT45’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize HIT45 to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by HIT45 and these Terms, and to grant the rights and license set forth above, and (2) your User Submissions, HIT45’s or any HIT45 Licensee’s use of such User Submissions pursuant to these Terms, and HIT45’s or any of HIT45 Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. HIT45 may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that HIT45 determines in its sole discretion to be violative of the standards of this Site. HIT45 takes no responsibility and assumes no liability for any User Submissions.

Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that HIT45 does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER HIT45 (NOR ANY MEMBER OF THE HIT45 GROUP OF COMPANIES (AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.

Feedback. If you provide HIT45 with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), HIT45 shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant HIT45 a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

ADDITIONAL TERMS

When using the Site and/or the Club, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (the “FAQs”). All such FAQs are hereby incorporated by reference into these Terms.

OWNERSHIP; PROPRIETARY RIGHTS

The Site is owned and operated by the HIT45 Limited. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by HIT45 (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of HIT45 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to HIT45 or its affiliates and/or third-party licensors. Except as expressly authorized by HIT45, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. By taking part in any class at HIT45 you agree for us to use photos or videos of yourself for marketing purposes, unless expressed otherwise in writing.

 

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. HIT45 does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, HIT45 makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT HIT45 WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

NOTICE

Notices will be sent to you at the email address that you provided to HIT45 during the registration process. Notices may be sent to us at the email address: info@HIT45hk.com Notice will be deemed given 72 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given seven days after the date of posting.

DISCLAIMERS; NO WARRANTIES

YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL HIT45 BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE IN CONNECTION WITH THE SERVICES.

UNLESS OTHERWISE EXPRESSLY STATED BY HIT45, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HIT45, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

UNLESS OTHERWISE EXPRESSLY STATED BY HIT45, HIT45, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

WAIVER

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

LIMITATION OF LIABILITY AND DAMAGES

Nothing in these terms (including BUT NOT LIMITED TO THE “DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for THE NEGLIGENCE OF THIRD PARTIES. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HIT45 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH HIT45, EVEN IF HIT45 OR A HIT45 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HIT45’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

DISPUTE RESOLUTION

General. Generally, if a dispute arises between HIT45 and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HIT45 agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HIT45 must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.

MISCELLANEOUS

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This (including the documents referred to herein), is the entire agreement between you and HIT45 relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by HIT45 as set forth in the Preamble to these Terms.

Last updated: June 19, 2018