3. Ownership of Website and App
3.1 The Website and App are owned and operated by ClassCruiser Limited.
3.2 ClassCruiser reserves the right to amend, suspend or discontinue the whole or any portion of the Website, App or Services at any time. ClassCruiser may also restrict your access to parts or the entire Website, App or Services without notice or liability.
3.3 The Website and App are the copyrighted work of ClassCruiser or our content or software providers. ClassCruiser reserves and retains all rights in the Website and App and the content in the Website and App.
3.5 You further agree that without prejudice to Clause 3.4 herein, that you will not reproduce, display or otherwise provide access to any part of the Website, App, or Services through any method including, but not limited to, framing, mirroring, linking, spidering, scraping or any other technological means without the prior written permission of ClassCruiser.
3.6 Unless expressly permitted by law or unless the prior written approval of ClassCruiser is obtained, you may not attempt to discover the source code of the Website or App including but not limited to the use of methods such as decompiling or reverse engineering to do so.
3.7 You agree not to hack into, disrupt, disable, over-burden or in any other manner impair the proper working of the Website, App, or our Services including through our servers, including but not limited to denial-of-service attacks, attacks on our Website or App through methods including but not limited to session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
4. Intellectual Property
4.1 All intellectual property rights on this Website, App and the Services, including copyright, patent, trademark and registered designs vests and remains with ClassCruiser and its licensors.
4.2 The trademarks, logos and service marks displayed on the Website or App are the property of ClassCruiser or our licensors. You are not permitted to use the name ClassCruiser or any trademark, logo or service mark, without the prior written consent of ClassCruiser. However we grant to you a revocable, non-exclusive, royalty-free right to provide a hyperlink from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular you agree that (1) you shall not make any warranties or representations about us or our business, (2) you shall not say anything that is false, misleading, derogatory or offensive about ClassCruiser, and (3) you shall not express or imply that we have endorsed your site.
5. Your Account
5.1 Access to certain parts of the Website or App, and access to our Services is conditional upon registration for an Account with ClassCruiser (“Account”).
5.2 In order to register for an Account, you are required to submit an email address (“Username”) and a password (“Password”). It is your responsibility to safeguard your Username and Password. You shall not share or permit others to use your Account. ClassCruiser shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. You shall immediately notify us if any unauthorised third party becomes aware of your Password or if there is any unauthorised use of your email address or your Account or if you become aware of any breach of security. At no time should you respond to an online request for the Password of your Account.
5.3 You may only register for one Account per person. If it is found that you maintain more than one Account, ClassCruiser reserves the right to immediately merge, suspend or terminate your Account, cancel any classes booked through the Account and cancel or invalidate any other benefits or entitlements of the Account and prohibit the use of any benefits or entitlements attributable to the Account.
5.4 You agree to provide accurate, complete and current information required for your Account. You agree to maintain such complete and current information at all times by updating your Account information.
6 Prohibited Actions
By using this Website, App or our Services, you agree not to
(a) breach any law under the laws of the Hong Kong Special Administrative Region;
(b) commit any action which is fraudulent, criminal or unlawful;
(c) make unsolicited offers, advertisements, proposals or send junk mail to other users of the Website, App or our Services;
(d) provide information which is inaccurate or out of date;
(e) provide information to us, or share information with other users of our Website, App or Services which may be inappropriate including, obscene, libelous, threatening, embarrassing or discriminatory content;
(f) misrepresent the source, identity, or content of information transmitted via the Website or App, including deleting the copyright or other proprietary rights;
(g) access another user’s account without that user’s permission;
(h) share your Password with any third party;
(i) permit third parties to use any classes booked under your own Account, including other users of our Website, App or Services;
(j) infringe or breach our copyright or our intellectual property rights or that belonging to any third party;
(k) use or adopt a similar name to the domain name on which this Website is hosted.
7. ClassCruiser Platform
7.1 ClassCruiser Platform
ClassCruiser is a monthly subscription membership that enables ClassCruiser members to reserve and visit a wide range of fitness studios and recreational classes and services offered and operated by fitness studios, gyms, trainers, venues or other third parties that partner with ClassCruiser (our “Services”). Through the ClassCruiser platform, members can access third party products and services operated by fitness studios, gyms, trainers, venues or other third parties that partner with ClassCruiser (our “Studio Partners”). ClassCruiser is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the Website or the App.
7.2 Membership Cycles
Your ClassCruiser membership starts on the date that you sign up for a subscription and submit payment via your chosen Payment Method as described further below. Each ClassCruiser cycle is one month in length (a “Membership Cycle”), and will automatically renew each month until your membership is cancelled or terminated. ClassCruiser will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.
7.3 Eligible Classes
As a member, you will receive classes, fitness time, or other appropriate service time per Membership Cycle (“Eligible Classes”) to be used to visit any Studio Partner of your choice available on our platform up to 3 times during each such Membership Cycle, provided however that some Studio Partners allow a different number of maximum visits during a Membership Cycle (“Class Cap”). Once your new Membership Cycle starts, you will receive your full number of Eligible Classes for such new cycle. Please note that any Eligible Classes not used during a Membership Cycle are forfeited, and will not be exercisable in the next Membership Cycle. Members cannot transfer or gift classes to third parties, including other ClassCruiser members. ClassCruiser reserves the right to increase from time to time in its sole discretion the number of Eligible Classes a member can take in a given cycle (such as pursuant to certain promotions that we may offer from time to time).
7.4 Venue and Availability
Please note that if a Studio Partner has more than 1 location, members can go up to the Class Cap across all of its locations, and not up to the Class Cap per location. ClassCruiser makes no guarantee on the availability of classes as access to classes is subject to space availability.
8.1 Monthly billing
Once you commence your ClassCruiser membership, you authorise us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate which may change from time to time. The current monthly charge for a ClassCruiser membership is HK$999. You also authorise us to charge you any other fees that you may incur in connection with your use of the Website, App or Services, such as any cancellation or late fees, as further explained below.
8.2 Billing Cycle
When you purchase your ClassCruiser subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
All payments are nonrefundable. ClassCruiser will not offer any refunds or credits for any partially used periods. Following any cancellation you will immediately no longer have access to our Services. Any additional discounts or refunds that we may choose to provide are in our sole discretion and do not entitle you to any future discounts or refunds in the future for similar instances.
8.4 Payment Method
You may edit your Payment Method information by logging into your Account and editing it under “My Account.” If a payment is not successfully settled, due to expiration of your credit card, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right to terminate your access to our Website, App or Services or any portion thereof.
8.5 Price Changes
ClassCruiser reserves the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated on the Website, App, or such other means as we may deem appropriate from time to time, such as email. ClassCruiser also reserves the right to charge any additional fees that we may introduce at a later stage.
8.6 Cancellation of Membership
You may terminate your monthly subscription at any time by logging into your Account and using the “Cancel Account” feature on the Website or by sending us an email at email@example.com. Following any cancellation you will immediately no longer have access to your subscription.
8.7 Reservation and Cancellation of an Eligible Class
You must reserve and cancel your ClassCruiser Eligible Classes only through the Website or App. Please ensure that you cancel any Eligible Class that you have signed up for 12 hours in advance of the class start time, provided that certain Studio Partners may have a different cancellation time, which shall be disclosed to you at the time of class booking. You may not cancel a class directly with a Studio Partner. If you cancel directly with such Studio Partner, ClassCruiser reserves the right to charge you the full amount that the Studio Partner charges for such class and/or any applicable cancellation fees, and/or to terminate your membership with ClassCruiser.
8.8 Late Cancellation Fee
We charge a late cancellation fee of HK$149 for cancellations of Eligible Class bookings within 12 hours of the class start time, provided that certain Studio Partners may have a different cancellation fee and/or time frames, which shall be disclosed to you at the time of class booking.
8.8.1 No Show Fee
If you do not show up for a class that you have booked, we will charge a no show fee of HK$199. However certain Studio Partners may have a different no show fee, which shall be disclosed to you on the class booking page.
8.8.2 Attendance without Booking Fee
If you take a class that you have not booked, or take one that you have booked and cancelled, we will charge an attendance without booking fee of HK$250.
9 Member Submissions
9.1 The Site provides certain features which enable you and other members to submit, post, comment and share content with other users, which may include without limitation text, graphic and images, or any other content submitted by you and other users through the Website (“Member Submissions”). Member Submissions are displayed for informational purposes only and are not controlled by ClassCruiser. ClassCruiser cannot guarantee any anonymity or confidentiality with respect to any Member Submissions. You are therefore entirely responsible for all Member Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Website or App. ClassCruiser reserves the right to review, remove or edit any such content posted by you.
9.2 You hereby grant ClassCruiser a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast and distribute any Member Submissions that you provide or publish through or in relation to the Website or App, for any purpose. You further agree that ClassCruiser may use and publish your name in connection with such Member Submissions.
10 Third party sites
10.1 The Website or App may include links or access to other websites or services (“Linked Sites”) solely as a convenience to users. ClassCruiser 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. ClassCruiser makes no express or implied warranties with respect to the information, material, products, or services that are contained on or accessible through Linked Site. Access and use of the Linked Sites, including the content on and services provided by the Linked Sites is solely at your own risk.
10.2 Your communications, dealings, participation in promotions or advertisers found on or through the Website are solely between you and such advertiser. ClassCruiser will not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisers on the Website or App.
11.1 Classes, activities and any other services offered via the Website or the App are offered and provided by third parties, not ClassCruiser. Your attendance at and participation in these classes, activities, and your use of these non-ClassCruiser products and services is solely at your own risk. ClassCruiser shall not be liable for any injury, loss, claim, damage or any, 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 or member’s attendance or participation in a class, service or appointment made through the Website or App, or the performance or non-performance of any provider or Studio Partner in connection with the Services.
11.2 ClassCruiser is not an agent, and neither is it connected with any provider or Studio Partner with which a user has booked a class with. ClassCruiser is simply a provider of the Services provided on the Website. Without limiting anything herein, ClassCruiser disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any classes, activities, or other Services offered via the Website or App.
11.3 The Website, App and any downloadable software, content, Services or application made available in conjunction with or through the Website are provided on an ‘as is’ basis without warranties of any kind, either express or implied. To the fullest extent possible pursuant to the Applicable Law (as defined below), ClassCruiser, its suppliers its and partners disclaims and excludes all warranties, whether statutory express or implied, including but not limited to, warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.
11.4 Without limiting the foregoing, ClassCruiser does not warrant or make any representations that the Website or App and the functions available in conjunction or through the Website or App will be uninterrupted or without error, that defects will be corrected or that the Website or App, and any functions available in conjunction with or through the Website or App or through the servers that makes them available are free of viruses or any harmful components. Use of the Website and App, and any function available in conjunction with or through the Website or App, including but not limited to, any downloadable software, content, services, or applications, are at your own risk.
11.5 ClassCruiser does not warrant or make any representations regarding the use of the Website or App and any functions made available in conjunction with or though the Website or App in terms of accuracy, reliability or otherwise. Any material or data that you may download or otherwise obtain through the Website or App is at your own risk. ClassCruiser is not responsible for any damage or loss resulting from the download of such material or data, including, but not limited to damage to your computer system or loss of data.
11.6 You agree that in no event shall ClassCruiser be liable to you for any damages, losses, or liabilities under any causes of action (whether in contract or tort or otherwise) caused through the use of, or the inability to use, the Website, the App or the Services. In the event that ClassCruiser is liable for damages despite the foregoing provision, you agree that ClassCruiser’s aggregate liability to you for any and all causes of action in relation to:
ii) in all other cases shall not exceed HK$1.
12. Security & Privacy
14. Studio Partners Waivers and Terms
Members taking classes or services are deemed to agree to the liability waivers of individual Studio Partners. Your participation in any class or service may be subject to addition policies, rules or conditions of the applicable Studio Partner. Please see the applicable Studio Partner’s website or contact the Studio Partner directly if you have any questions.
16. Entire Agreement
17.1 No waiver of any rights or remedies by ClassCruiser shall be effective unless made in writing and signed by an authorised representative of ClassCruiser.
19. Governing Law and Jurisdiction
Last updated: August 9th 2015