Terms & Conditions
Effective as of December 3, 2019
Please read these terms and conditions (“Agreement”, “Terms”, “Terms and Conditions”) carefully before using www.Boxica.com website (“Website”) operated by Boxica Fitness Centre FZ LLC (“Boxica”, “we”, “us”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.Boxica.com.
By accessing or using the Website, whether as a visitor (simply browsing the Website) or as a member (upon creating an account with us and/or using Boxica Services), you agree to be bound by these Terms. Your access and use of the Website and/or any Boxica Services (regardless of whether you create an account with us), constitutes your agreement to these Terms. If you disagree with any part of these Terms, then you should leave the Website and discontinue use of Boxica Services immediately. If you wish to become a member, you must read these Terms and indicate your acceptance in the registration process.
In order to access some features of the Website, and in order to use Boxica Services, you are required to create a Boxica account. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Acceptance of an application for a Boxica account is at our absolute discretion (although we will exercise our discretion reasonably and in compliance with applicable laws). We will not deal or provide any services or products to any OFAC sanctioned countries or persons.
In order to book a class, you must have registered for an account on the website. We offer single sessions (1 class), class packages (5 classes, 10 classes, 20 classes and 40 classes) and monthly memberships (12 classes per month, 16 classes per month, 30 classes per month). Single sessions have a 30-day expiry from date of purchase. All class packages have a 12-month expiry, from date of purchase. Monthly membership classes have a 1 month expiry from date of first class booked and will auto-renew every month until cancelled by member and can be cancelled at any time. All class packages can be shared/transferred. Monthly memberships cannot be shared/transferred. All single sessions, class packages, monthly memberships are non-refundable, and may not be suspended, extended or frozen. No exceptions.
CANCELLATIONS AND NO-SHOWS
You must cancel class 12 hours in advance or the class will be deducted. You may cancel class through the website or by calling the studio directly. Failure to attend a booked class (‘No show”) will also result in the class being deducted.
You must be physically present at the studio a minimum of 5 minutes prior to the scheduled class start time or your spot may be given to a waitlisted client. If you are not able to arrive 5 minutes before your scheduled class start time, you must inform the studio by telephone so that we may hold your reserved spot. For safety and courtesy to other members, you will not be allowed entry into a class if you arrive 5 minutes after your scheduled class start time. No exceptions.
If you are late to a class that you have reserved and have not notified us in advance, you may lose your spot to a waitlisted member. Open spots will be given away to members on the waitlist at the scheduled start time of a class. If the class you wish to attend is sold out, you can add yourself to a waitlist. In the event of any cancellations, you will be enrolled into the class and informed by email. If you do not receive an email to confirm that you have been added to the class, you may still show up to the studio prior to the class start time and if there are no-shows you will be enrolled into the class, however we cannot guarantee your spot. If a spot does not open up in the class, your class credit will be returned to your account for use at a later date.
You agree that Boxica is in no way responsible for the safekeeping of your personal belongings while you are present in the studio. Lockers will be provided for members and are subject to availability. Lockers are only for use while you are present in the studio and Boxica reserves the right to remove any items left in the lockers overnight. Any cleared items from lockers will be stored for a period of 2 weeks, after which we reserve the right to dispose of the items. You assume all risk of loss for any of your personal belongings.
We accept payments online or at our premises using Visa and MasterCard credit and debit cards in AED (or any other agreed currency). When you purchase single sessions, class packages or monthly memberships you will be prompted to pay through our third party payment provider. In the case of monthly memberships, your membership will auto-renew on a monthly basis until cancelled, monthly memberships can be cancelled at any time by visiting the “My account” section of the website. If you make a payment for our products or services on the Website, the details you are asked to submit will be provided directly to our third party payment provider via a secured connection and the details of that card will be stored in our records for future purposes. If you do not wish for such details to be recorded and kept in this way, or you wish to make a particular purchase using a different credit or debit card or cash, you must notify us at the time of purchase. The cardholder must retain a copy of transaction records.
All single classes, class packages and monthly memberships are non-refundable. No exceptions.
Any retail merchandise including but not limited to apparel, gloves, bags, water bottles, caps will be accepted for a full refund within 7 days, provided the item is unused and is in its original packaging. After 7 days, we will issue store credit for up to 30 days. No refunds/store credit will be issued without a receipt.
LIMITATION OF LIABILITY
You understand that Boxica strongly recommends that you consult with a physician prior to participating in any classes. You agree, represent and warrant that you are fit to participate in our fitness classes and that you have voluntarily chosen to participate in an intensive physical exercise program. You acknowledge that you are responsible for monitoring your own physical condition and agree to inform us regarding any and all relevant information about your physical condition. This includes informing us about any heart conditions, chest pain, loss of balance, loss of consciousness, dizziness, bone or joint problem, blood pressure irregularities, high cholesterol, diabetes, asthma, or any other condition that restricts you from doing any physical activity. You should also inform us if you are pregnant, have given birth recently, or have recently had surgery. You agree to immediately stop any physical exercise if you suffer from any unusual or concerning symptoms. We are not responsible for any health problems that may result from training programs, classes, consultations, products or events. Should you have any health-related questions, please call or see your doctor promptly. Our classes use lighting equipment that create flashing or flickering lights which may potentially cause discomfort and trigger seizures for persons with photosensitive epilepsy; you agree to refrain from participating in these classes if you suffer from any form of seizures, epilepsy or visual photosensitivity. You voluntarily assume all risks associated with these activities, and you acknowledge that Boxica accepts no liability for any injury caused by the use of equipment, activity or other physical exercise other than in respect of injury resulting from the gross negligence of, or failure to take reasonable care by, Boxica or our employees and instructors. You may not attend the studio and any classes whilst under the influence of alcohol, antihistamines, beta-blockers, narcotics, or tranquillizers. If you are taking any medication, or have any sickness or injury, you are requested to inform the instructor at the beginning of the class.
To the fullest extent permitted by law in the applicable jurisdiction, under no circumstances (including, without limitation, negligence) shall Boxica, its officers, directors, employees, instructors, independent contractors or agents, be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever arising from any (i) use of the Website, (ii) errors, mistakes, or content inaccuracies, (iii) personal injury or property damage, of any nature whatsoever, relating to the use of the Website, (iv) unauthorized access to our secured servers and personal information stored therein, (v) interruption or cessation of transmission to or from the Website, (vi) bugs or viruses which may be transmitted to or through the Website by any third party, (vii) defamatory, offensive or illegal conduct of any third party, and/or (viii) third party content or third party products and services.
These limitations apply to all claims, whether based on warranty, contract, tort, or any other legal theory, and whether or not Boxica has been informed of the possibility of such damages. The total liability of Boxica will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees, instructors, independent contractors or agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from any breach by you of any of these Terms, your use of and access to the Website, and/or a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Boxica Services may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book a class and/or purchase packages, (ii) the ability to receive and reply to messages, (iii) the ability to browse the Website from your mobile phone and (iv) the ability to access certain features through a mobile application you have downloaded and installed on your mobile phone. We do not charge for these mobile services, however, your carrier’s standard messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you expressly agree that we may communicate with you by SMS, MMS, text message, email or other electronic means directed to your mobile device and that certain information about your usage of the applications may be communicated to us.
FEES AND TERMINATION
You acknowledge that Boxica charges fees for its services, and Boxica reserves the right to change its fees from time to time, at its own discretion. If Boxica terminates your membership because of any breach of these Terms and Conditions, you may not be entitled to a refund of any unused portion of membership or other fees. We may terminate your access to the Website or services, without cause or notice, which may result in the destruction of all information stored on our database that is associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the website. Your continued use of the website after any such changes constitutes your acceptance of the new Terms and Conditions.
We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the website or discontinue any use of the website immediately.
The Website, as well as Boxica services, are intended solely for users who are 18 years of age or older. Any registration by, use of, or access to the website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By using Boxica Services or the Website, you represent and warrant that you are 18 years or older and that you agree to abide by all of the Terms and Conditions. Users between the ages of 16 and 18 may register on our website only under the supervision of a parent or guardian.
Terms shall remain in full force and effect while you use Boxica Services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the ‘My Account” page or by contacting the studio directly via phone or email. Boxica may terminate your membership at any time, without warning or minimum notice, if you are found to be in breach of these Terms and Conditions. Even after membership is terminated, these Terms will remain in effect.
When you create an account with Boxica, you will be asked to choose a password. You are responsible for keeping the password secure and for maintaining the confidentiality of any and all actions that take place while using your account. You agree to notify Boxica immediately of any breach of security or unauthorized use of your account. We are not responsible for any loss that results from the unauthorized use of your username and password, with or without your knowledge.
YOUR USE OF CONTENT ON THE WEBSITE
Content on the Website, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is owned by or licensed to Boxica.
Content on the website is provided to you as is for your own information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Boxica reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Boxica.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
“Boxica”, its logo and other graphics, logos, scripts, and designs are trademarks and trade names of Boxica in the United Arab Emirates and other countries for which applications are pending. Boxica’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Boxica.
ENTIRE AGREEMENT; NO WAIVER
GOVERNING LAW, JURISDICTION AND ARBITRATION
Boxica Fitness Centre FZ LLC is domiciled in the United Arab Emirates. These Terms, any other legal notices published by Boxica on the Website, and any disputes or claims arising out or in connection with these Terms, shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any disputes or claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Both you and Boxica agree that the courts of the United Arab Emirates shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. You and Boxica agree that any cause of action arising out of or in connection with these Terms must commence within one year after the cause of action accrues; otherwise, such cause of action is prohibited. In the event of any litigation or binding arbitration arising from or related to these Terms, or the Boxica Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, legal fees, and all other related expenses incurred in such litigation or binding arbitration.
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