Terms of service
1. Who we are
1.1 We are Studio Fix Ltd. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.
3. Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
· “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
· “Content” - all information of whatever kind displayed, stored or sent on or in connection with our Service.
· “Mobile App” – the Studio Fix mobile application.
· “Online Service” – our website and Mobile App.
· “Service” – our in-person studio classes, our website, our Mobile App, and any related services.
· “Store” – the app distributor from which you download our Mobile App (e.g., Apple App Store, Google Play App Store).
· “Store Rules” – any applicable rules, policies or terms of the relevant Store.
· “User” - people or organisations using our Service (whether or not registered with us).
HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START
4.1 You agree [AT2] that you have answered, or will answer, all health questions carefully and truthfully and to comply with any related requirements or suggestions. If medical advice is requested or suggested, you agree to get that advice before starting our Service and to follow that advice. If your condition changes or you have any concerns about your health, you must take medical advice before continuing to use our Service.
5. How you enter a legal contract [AT3] with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
5.1 By registering on our website, you enter a legal contract with us to use our Service. Alternatively, if you first download our Mobile App, you enter into a legal contract with us at that point. Note that each class booking is part of this contract and subject to these terms and conditions.
5.2 For Mobile App users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our Mobile App (i.e., setting out how we allow you to use our Mobile App). You also agree to be legally bound by the Store Rules.
5.3 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
5.4 By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
5.5 There is no consumer legal right to cancel this contract (“cooling off”) because it principally involves Services related to leisure activities that are to be performed on specific dates.
6. Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
6.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.
6.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract [AT4] on the day before the new terms take effect.
7. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
7.1 You must not use, or attempt to register on, our Service if you are below 18 years of age[AT5] .
7.2 We grant you a limited personal non-transferable right to use our Online Service on any applicable device owned or controlled by you (only Apple-branded in relation to our Mobile App if you download this from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
8.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.
9. Booking, cancelling and attending classes
THIS SECTION COVERS BOOKING/CANCELLATION AS WELL AS YOUR BEHAVIOUR AND OTHER OBLIGATIONS IF YOU ATTEND A CLASS
Booking classes – expiry of unused credits
9.1 If you order a pack of classes, any unused credits expire [AT6] (without refund) after the relevant expiry period explained on our Service at the time of your order.
9.2 If you are on subscription, any unused credits expire [AT7] (without refund) after the relevant monthly or other payment period, i.e., there is no carry-over of unused credits.
Cancelling classes
9.3 You can cancel [AT8] [AC9] a class at any time via our Service. If so, there will be no refund but, if you cancel more than 12 hours before the scheduled start time (or any alternative cancellation period stated on our Service when you cancel), you can book a replacement class at no extra cost (by reallocating the credit used to book the class if applicable) provided:
· the replacement class is within the same price bracket as the class you cancelled; and
· you book the replacement class:
- if you’re not on subscription, within one week after cancellation (one-off bookings); or before the relevant expiry period (pack of classes); or
- if you are on subscription, within the same monthly or other payment period as the class you cancelled.
9.4 We are entitled to rearrange any class if there are exceptional circumstances, e.g., staff illness. If so, we will give you as much notice as possible and we will provide a full refund/credit if we are unable to offer or agree with you a rescheduled class.
Behaviour at classes
9.5 You agree to behave in a reasonable and civilised manner and not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial or other inappropriate behaviour.
9.6 You agree to comply with any rules and regulations that apply to our venue and with reasonable requests by us.
9.7 We are entitled to end or suspend or require to you leave any class at any time without refund if you fail to comply with these TCs or we reasonably consider that it is necessary to do so for safety reasons.
9.8 If you encounter any inappropriate behaviour at a class, you agree to immediately (1) leave the class and stop any communication with the other person and (2) tell us. Please also seek relevant external help If appropriate (e.g., from law enforcement authorities).
Recording sesssions
9.9 You agree not to make audio/video recordings or take photos of our classes without our prior written consent.
9.10 We are allowed to record classes [AT10] if we tell you in advance.
General
9.11 We do not guarantee that you will achieve any particular objective as a result of taking any classes.
9.12 If you book for someone else to attend a class, you agree to ensure that they comply with this section and with any other relevant clauses in this document. You are responsible if they don’t.
9.13 Gift Cards
If you book a class using a Gift Card, the Gift Card terms in Clause 10 (Paying us) apply, including any Gift Card-specific expiry, redemption and use restrictions.
10. Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
10.1 Payment is in advance, either one-off (for a single class or a pack of classes) or on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax [AT11] unless we say otherwise.
10.2 If you acquire credits (e.g., you buy a pack of classes or are a subscriber), you agree that the credits can only be used within our Service. Unless we say otherwise or the law requires us to, we do not provide any cash or refunds for credits. Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things. We may restrict access to or delete credits if the credits were awarded in error or if a payment for credits is charged back or otherwise cancelled or reversed. As explained above (see “Booking, cancelling and attending classes)”, credits expire if not used within the relevant timescale.
10.2.1 Gift Cards
- Gift Cards are subject to these Terms and Conditions and any additional redemption instructions provided at the time of purchase.
- No cash value: Gift cards can’t be exchanged or refunded for cash.
- Redeemable in studio or via online booking: Use the gift card either in person or when booking online.
- Valid for only 1 (one) person: The gift card is intended for a single recipient’s use and can’t be shared or split.
- No physical gift cards: Gift cards are emailed with simple redemption steps, not posted.
- 12 months validity: The gift card expires 12 months from the date of purchase.
10.3 You are legally committed to start paying your subscription once we confirm your order.
10.4 If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
10.5 Your subscription will continue to be auto-renewed [AT12] for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund.
10.6 You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
10.7 We may at any time change our subscription prices[AT13] . We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
10.8 You must contact us immediately with full details if you dispute any payment.
10.9 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
11. Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE
11.1 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.
11.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.
11.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.
11.4 Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
12. Your other obligations
THIS SECTION SETS OUT SOME ADDITIONAL OBLIGATIONS ESPECIALLY RELATING TO OUR ONLINE SERVICE
12.1 You agree not to do any of the following in connection with our Online Service:
· break the law or infringe anyone else’s rights;
· send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
· use our Service to help you compete with us or to infringe our rights;
· disrupt our Service, e.g., spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· deliberately exploit any bugs;
· get around any security features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
12.2 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.
13. Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR ONLINE SERVICE
13.1 On our Online Service, we may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
14. If you create an account on our Online Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.
14.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
15. Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS
15.1 You are entitled to end this contract [AT14] at any time by emailing us to the address shown below and/or by closing your account on our Service if this feature is available. (This doesn’t entitle you to a refund.) You must also cancel your subscription if you are a subscriber and delete the Mobile App from all of your devices.
15.2 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
· any fees payable by you are unpaid or charged back;
· acting reasonably, we think that it is necessary to protect you, us or others;
· we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
· you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.
15.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
15.4 If this contract ends:
· It still continues insofar as necessary[AT15] to enable you to attend any specific classes you booked before termination (unless we end your right to attend those classes).
· Subject to the above, your right to use our Service and all licences are terminated.
· Any unused credits will be deleted.
· Existing rights and liabilities are unaffected.
· All terms in this contract that are stated or intended to continue after termination will continue to apply.
16. Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
16.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
17. If our Online Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR ONLINE SERVICE WILL BE ERROR-FREE
17.1 We do not guarantee that the Online Service will be uninterrupted or error-free.
17.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice. [AT16]
18. Compatibility of Mobile App
IN SHORT: WE DON’T GUARANTEE OUR MOBILE APP IS OR WILL REMAIN COMPATIBLE WITH YOUR DEVICE
18.1 We do not guarantee that the Mobile App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our Mobile App to stop working. We may issue Mobile App updates through the Store; if so, you may not be able to use our Mobile App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for Mobile App updates and to install them as soon as they become available.
19. Restrictions[AT17] on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
19.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury [AT18] or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.
19.2 If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
19.4 The following clauses apply only if you are not a Consumer:
· To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
- loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
- indirect, consequential or special losses.
· Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
· You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
· This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
20. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT WE REMAIN THE OWNER OF COPYRIGHT AND OTHER IP RIGHTS IN THE CONTENT OF OUR ONLINE SERVICE AND SETS OUT HOW WE ALLOW YOU TO USE THE CONTENT
20.1 We and/or our partners own the IP in all Content that we use on or in connection with our Online Service.
20.2 You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business, use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
20.3 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
20.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not alter or create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to anyone else.
IN SHORT: OUR PRIVACY POLICY APPLIES
21.1 You agree that we can deal with your personal information in accordance with our Privacy Policy [PLEASE INSERT LINK] which may change from time to time.
22. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
23. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
24. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
25. General
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
25.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
26. Mobile App - extra legal terms
HERE ARE SOME ADDITIONAL LEGAL TERMS REQUIRED BY APPLE REGARDING OUR MOBILE APP
26.1 In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
26.2 The following applies where Apple Inc is the Store:
· In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
· We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the Mobile App or the end-user’s possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
26.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
26.4 You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
27. Complaints
27.1 If you have any complaints, please contact us via the contact details shown below.
28.1 Company name: Studio Fix Ltd
28.2 Trading name: “Studio Fix”
28.3 Country of incorporation: England and Wales
28.4 Registered number: 14115435
28.5 Registered office: 55vs 55 Victoria Street, Flat 802, London, England, SW1H 0AF.
28.6 Contact address: 24a Old Court Place, London, England, W8 4PD
28.7 Contact email address: info@studiofix.co.uk
28.8 Other contact information: See our website/contact page
28.9 VAT number: GB437091690
[AT1]Please check this section carefully.
I suggest you include the same or similar wording in a suitable and prominent location on your website and app.
See my comments below under “Liability” regarding liability for personal injury and the importance of insurance as a fallback protection.
[AT2]I suggest you check this disclaimer with your insurer. Ask if ok and if they require any additional wording either here in the TCs or more prominently in the website/app or both.
[AT3]You should:
1. ensure users can amend their order before they submit; and
2. send a confirmation email as soon as possible after registration - see cover email.
[AT4]If this happens, strictly speaking you could be obliged to refund users for unused credits or classes already paid for.
[AT5]Note.
[AT6]As discussed, the expiry period must be prominently explained to users at the time of order and to minimise disputes I strongly recommend that you send warnings to users in advance of the expiry.
Also please confirm that the class just has to be booked before the expiry, i.e., the class itself can happen after the expiry date?
[AT7]Please see comment above.
[AT8]Please check this para is correct..
[AC9]Added one week in green
[AT11]Note. You must display the VAT inclusive price to consumers.
[AT13]Please note this
1. Who we are
1.1 We are Studio Fix Ltd. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.
3. Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
· “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
· “Content” - all information of whatever kind displayed, stored or sent on or in connection with our Service.
· “Mobile App” – the Studio Fix mobile application.
· “Online Service” – our website and Mobile App.
· “Service” – our in-person studio classes, our website, our Mobile App, and any related services.
· “Store” – the app distributor from which you download our Mobile App (e.g., Apple App Store, Google Play App Store).
· “Store Rules” – any applicable rules, policies or terms of the relevant Store.
· “User” - people or organisations using our Service (whether or not registered with us).
HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START
4.1 You agree [AT2] that you have answered, or will answer, all health questions carefully and truthfully and to comply with any related requirements or suggestions. If medical advice is requested or suggested, you agree to get that advice before starting our Service and to follow that advice. If your condition changes or you have any concerns about your health, you must take medical advice before continuing to use our Service.
5. How you enter a legal contract [AT3] with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
5.1 By registering on our website, you enter a legal contract with us to use our Service. Alternatively, if you first download our Mobile App, you enter into a legal contract with us at that point. Note that each class booking is part of this contract and subject to these terms and conditions.
5.2 For Mobile App users: These terms and conditions are an “end user licence agreement” between you and us (not the Store) in relation to our Mobile App (i.e., setting out how we allow you to use our Mobile App). You also agree to be legally bound by the Store Rules.
5.3 We reserve the right in our discretion for any lawful reason to refuse any request to use our Service.
5.4 By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
5.5 There is no consumer legal right to cancel this contract (“cooling off”) because it principally involves Services related to leisure activities that are to be performed on specific dates.
6. Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
6.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.
6.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract [AT4] on the day before the new terms take effect.
7. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
7.1 You must not use, or attempt to register on, our Service if you are below 18 years of age[AT5] .
7.2 We grant you a limited personal non-transferable right to use our Online Service on any applicable device owned or controlled by you (only Apple-branded in relation to our Mobile App if you download this from Apple) subject to these terms and conditions and, where applicable, in accordance with the Store Rules.
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
8.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.
9. Booking, cancelling and attending classes
THIS SECTION COVERS BOOKING/CANCELLATION AS WELL AS YOUR BEHAVIOUR AND OTHER OBLIGATIONS IF YOU ATTEND A CLASS
Booking classes – expiry of unused credits
9.1 If you order a pack of classes, any unused credits expire [AT6] (without refund) after the relevant expiry period explained on our Service at the time of your order.
9.2 If you are on subscription, any unused credits expire [AT7] (without refund) after the relevant monthly or other payment period, i.e., there is no carry-over of unused credits.
Cancelling classes
9.3 You can cancel [AT8] [AC9] a class at any time via our Service. If so, there will be no refund but, if you cancel more than 12 hours before the scheduled start time (or any alternative cancellation period stated on our Service when you cancel), you can book a replacement class at no extra cost (by reallocating the credit used to book the class if applicable) provided:
· the replacement class is within the same price bracket as the class you cancelled; and
· you book the replacement class:
- if you’re not on subscription, within one week after cancellation (one-off bookings); or before the relevant expiry period (pack of classes); or
- if you are on subscription, within the same monthly or other payment period as the class you cancelled.
9.4 We are entitled to rearrange any class if there are exceptional circumstances, e.g., staff illness. If so, we will give you as much notice as possible and we will provide a full refund/credit if we are unable to offer or agree with you a rescheduled class.
Behaviour at classes
9.5 You agree to behave in a reasonable and civilised manner and not engage in any dangerous, disruptive, unlawful, abusive, aggressive, threatening, drunken, antisocial or other inappropriate behaviour.
9.6 You agree to comply with any rules and regulations that apply to our venue and with reasonable requests by us.
9.7 We are entitled to end or suspend or require to you leave any class at any time without refund if you fail to comply with these TCs or we reasonably consider that it is necessary to do so for safety reasons.
9.8 If you encounter any inappropriate behaviour at a class, you agree to immediately (1) leave the class and stop any communication with the other person and (2) tell us. Please also seek relevant external help If appropriate (e.g., from law enforcement authorities).
Recording sesssions
9.9 You agree not to make audio/video recordings or take photos of our classes without our prior written consent.
9.10 We are allowed to record classes [AT10] if we tell you in advance.
General
9.11 We do not guarantee that you will achieve any particular objective as a result of taking any classes.
9.12 If you book for someone else to attend a class, you agree to ensure that they comply with this section and with any other relevant clauses in this document. You are responsible if they don’t.
9.13 Gift Cards
If you book a class using a Gift Card, the Gift Card terms in Clause 10 (Paying us) apply, including any Gift Card-specific expiry, redemption and use restrictions.
10. Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
10.1 Payment is in advance, either one-off (for a single class or a pack of classes) or on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax [AT11] unless we say otherwise.
10.2 If you acquire credits (e.g., you buy a pack of classes or are a subscriber), you agree that the credits can only be used within our Service. Unless we say otherwise or the law requires us to, we do not provide any cash or refunds for credits. Credits are for your personal use only. You must not sell or transfer them or make them available to anyone else or attempt to do so or encourage anyone else to do any of these things. We may restrict access to or delete credits if the credits were awarded in error or if a payment for credits is charged back or otherwise cancelled or reversed. As explained above (see “Booking, cancelling and attending classes)”, credits expire if not used within the relevant timescale.
10.2.1 Gift Cards
- Gift Cards are subject to these Terms and Conditions and any additional redemption instructions provided at the time of purchase.
- No cash value: Gift cards can’t be exchanged or refunded for cash.
- Redeemable in studio or via online booking: Use the gift card either in person or when booking online.
- Valid for only 1 (one) person: The gift card is intended for a single recipient’s use and can’t be shared or split.
- No physical gift cards: Gift cards are emailed with simple redemption steps, not posted.
- 12 months validity: The gift card expires 12 months from the date of purchase.
10.3 You are legally committed to start paying your subscription once we confirm your order.
10.4 If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
10.5 Your subscription will continue to be auto-renewed [AT12] for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund.
10.6 You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
10.7 We may at any time change our subscription prices[AT13] . We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
10.8 You must contact us immediately with full details if you dispute any payment.
10.9 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
11. Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE
11.1 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.
11.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.
11.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.
11.4 Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
12. Your other obligations
THIS SECTION SETS OUT SOME ADDITIONAL OBLIGATIONS ESPECIALLY RELATING TO OUR ONLINE SERVICE
12.1 You agree not to do any of the following in connection with our Online Service:
· break the law or infringe anyone else’s rights;
· send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
· use our Service to help you compete with us or to infringe our rights;
· disrupt our Service, e.g., spam, viruses or phishing;
· interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
· intercept or modify communications;
· impose an unreasonable load on our Service;
· deliberately exploit any bugs;
· get around any security features including those designed to stop copying of Content; or
· attempt, encourage or assist any of the above.
12.2 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.
13. Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR ONLINE SERVICE
13.1 On our Online Service, we may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
14. If you create an account on our Online Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.
14.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
15. Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS
15.1 You are entitled to end this contract [AT14] at any time by emailing us to the address shown below and/or by closing your account on our Service if this feature is available. (This doesn’t entitle you to a refund.) You must also cancel your subscription if you are a subscriber and delete the Mobile App from all of your devices.
15.2 We are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
· any fees payable by you are unpaid or charged back;
· acting reasonably, we think that it is necessary to protect you, us or others;
· we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
· you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.
15.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
15.4 If this contract ends:
· It still continues insofar as necessary[AT15] to enable you to attend any specific classes you booked before termination (unless we end your right to attend those classes).
· Subject to the above, your right to use our Service and all licences are terminated.
· Any unused credits will be deleted.
· Existing rights and liabilities are unaffected.
· All terms in this contract that are stated or intended to continue after termination will continue to apply.
16. Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
16.1 If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
17. If our Online Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR ONLINE SERVICE WILL BE ERROR-FREE
17.1 We do not guarantee that the Online Service will be uninterrupted or error-free.
17.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice. [AT16]
18. Compatibility of Mobile App
IN SHORT: WE DON’T GUARANTEE OUR MOBILE APP IS OR WILL REMAIN COMPATIBLE WITH YOUR DEVICE
18.1 We do not guarantee that the Mobile App is or will be compatible with any particular mobile devices or associated operating systems (OS’s). You acknowledge that the supplier of the device or OS may issue an update that causes our Mobile App to stop working. We may issue Mobile App updates through the Store; if so, you may not be able to use our Mobile App properly or at all until you have downloaded the update, which may be subject to agreement to new terms and conditions. It is your responsibility to frequently monitor for Mobile App updates and to install them as soon as they become available.
19. Restrictions[AT17] on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
19.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury [AT18] or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.
19.2 If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
· there is no breach of a legal duty owed to you by us;
· such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
· (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
· such loss or damage relates to a business of yours.
19.3 If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
19.4 The following clauses apply only if you are not a Consumer:
· To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
· Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
- loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
- indirect, consequential or special losses.
· Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
· You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
· This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.
20. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT WE REMAIN THE OWNER OF COPYRIGHT AND OTHER IP RIGHTS IN THE CONTENT OF OUR ONLINE SERVICE AND SETS OUT HOW WE ALLOW YOU TO USE THE CONTENT
20.1 We and/or our partners own the IP in all Content that we use on or in connection with our Online Service.
20.2 You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business, use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
20.3 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
20.4 You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not alter or create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to anyone else.
IN SHORT: OUR PRIVACY POLICY APPLIES
21.1 You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
22. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
22.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
23. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
23.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
24. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
24.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
25. General
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY
25.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
26. Mobile App - extra legal terms
HERE ARE SOME ADDITIONAL LEGAL TERMS REQUIRED BY APPLE REGARDING OUR MOBILE APP
26.1 In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, we, not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
26.2 The following applies where Apple Inc is the Store:
· In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility subject to these terms and conditions.
· We, not Apple, are responsible for addressing your claims or the claims of any third party relating to the Mobile App or the end-user’s possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation including use of HealthKit and HomeKit frameworks.
26.3 You acknowledge and agree that the Store, and the Store’s subsidiaries, are third party beneficiaries of this agreement, and that the Store will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
26.4 You agree that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
27. Complaints
27.1 If you have any complaints, please contact us via the contact details shown below.
28.1 Company name: Studio Fix Ltd
28.2 Trading name: “Studio Fix”
28.3 Country of incorporation: England and Wales
28.4 Registered number: 14115435
28.5 Registered office: 55vs 55 Victoria Street, Flat 802, London, England, SW1H 0AF.
28.6 Contact address: 24a Old Court Place, London, England, W8 4PD
28.7 Contact email address: info@studiofix.co.uk
28.8 Other contact information: See our website/contact page
28.9 VAT number: GB437091690