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Our Terms and Conditions. - FITsy - Boutique Fitness Studio - Best Aerial Fitness Studios - Aerial Yoga, Kpop Workout, Pilates and Yoga, Aerial Hoop, Aerial Pilates, Pole Dance, Aerial Dance,
Terms and conditions
I acknowledge that once I have agreed to the Terms and Conditions herein (electronically or otherwise), I acknowledge and I am deemed to have read and understood the information presented to me as part of the registration process.
I warrant that I am in good health and have no physical condition that would endanger my life and the safety of others while participating in the event or classes organized by FITSY SIGNATURE SDN BHD (“FITSY”).
As long as FITSY has taken all reasonable steps to ensure that the premises is in reasonably safe condition, I hereby accept, agree and acknowledge that any events and classes carried out by FITSY will have certain inherent dangers and risks relating to the aforementioned events and classes which may or may not be readily foreseeable, including without limitation to personal injury, property damage or death, and thereby will not hold FITSY liable for the same.
I hereby acknowledge that certain events and classes held by FITSY (such as Aerial Yoga) are inherently more extreme and dangerous which may or may not be readily foreseeable, including without limitation to personal injury, property damage or death, and thereby will not hold FITSY and its agents liable for the same.
In consideration of FITSY allowing me to participate in their event and/or classes and/or the use of their premises for the aforementioned purposes, I undertake that, if, in the course of the said event or classes, I intentionally, deliberately, negligently or recklessly cause any injury (whether fatal or otherwise) to any person or any damage to or cause loss of any property of any person, I hereby agree to indemnify FITSY and its agent(s) if that suffering person makes claims or takes actions against FITSY and its agent(s) or FITSY and its agent(s) has to pay for costs or expenses.
I represent that I am at least 18 years of age, or that, if I am under the age of majority, i.e. eighteen (18) years old or below (a minor), my parent or legal guardian is fully aware and has consented and/or allowed me to participate in the event and fitness classes held in FITSY.
I understand that the schedule or instructors are subject to change.
I understand that one person is entitled to one account in Members Portal and my membership cannot be shared or transferred to another person.
I understand that FITSY has the rights to refuse me entry to FITSY’s events or classes in the event I am unable to produce my proof of identification accompanied with my photograph (for example, my National Registration Identity Card, Passport, or Driving License).
I understand that FITSY reserves the right to modify or substitute any of these Terms and Conditions from time to time as it deems fit. If there is ambiguity in any of the provisions, FITSY shall be the authority to interpret and in doing so, FITSY will take into account the interests of all the affected members. Any updates on the Terms and Conditions will be notified on the membership portal (http://m.fltsy.my/tnc/), and it is my responsibility to keep abreast with any changes.
REFUND POLICY
11.1. This refund policy is applicable to our sales done at our websites and our affiliates at the following websites:
11.1.1. soyoga.my;
11.1.2. soyoga.com.my;
11.1.3. m.soyoga.my;
11.1.4. breathe.my;
11.1.5. m.breathe.my;
11.1.6. mischievous.my;
11.1.7. m.mlschievous.my;
11.1.8. aerlalpoledance.com;
11.1.9. m.aerlalpoledance.com;
11.1.10. m.fitsy.my; and
11.1.11. fitsy,my.
(collectively and severally referred to as “Our Websites”)
11.2. Membership purchased are only for the particular studio, center, class, time, location and validity specified.
11.3. If there's any disputes when purchasing from Our Websites, kindly contact our customer care via phone or email.
11.4. Disputes examples:
• Payment went through when purchasing in website but didn't get confirmation
• Payrnent did not go through but money was deducted and didn't get confirmation
11.5. Kindly provide your name, transaction date, transaction details and contact details, when contacting customer care via any means available.
11.6. I understand that all unused or expired membership and passes are not refundable, not exchangeable and not transferable.
11.7. I understand that in in the event I wish to seek a refund for payment made to FITSY with respect to FITSY’s package and promotions, I will only be entitled to a pro-rated refund of 90% of the said package or promotion price less the normal price of each event or class properly attended (where applicable), wherein 10% of the same will be retained by us as administrative fees. Normal price for each regular group class is RM45 per class. Normal price for regular each “Small Group” class is RM90 per class. Normal price for each signature class is RM90 per class. Normal price for each private of 1 to 1 class is RM350 per class.
11.8. I understand that all payments paid to FITSY with respect to FITSY’s package and promotions are not exchangeable.
11.9. In addition , FITSY holds the discretion to not provide any refunds to members who has successfully signed up membership, that is to say, successful payment with confirmation received, via Our Websites or any other 3rd party sign up platforms based on any different disputes, including, but not limited to, the scenarios stated below:
• Has attended a class
• Has attended a class but did not finish the entire class
• Has attended a class but did not fully utilize the membership and membership expired
• Did not visit the center and has not attended the class
• Visited the center and has not attended the class
• Did not visit the center and membership has expired
• Visited the center and membership has expired
11.10. For the avoidance of doubt:
11.10.1. I understand that FITSY may have different structured promotions and sales with respect to events and classes purchased; and
11.10.2. I understand that I will have no rights to claim any refunds from FITSY in the event that there is any discrepancy in prices of packages purchased arising from packages bought during promotion and/or non-promotion periods.
11.11. Typographical or IT Infrastructure Errors:
11.11.1. I understand that in the event, a package, product or services is listed at an incorrect price or with incorrect information due to typographical or IT infrastructure error or error in pricing or service or package information, FITSY shall have the right to refuse or cancel any orders placed for products, services or packages listed at the incorrect price. FITSY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and my payment facilities has been charged.
CLASS AND BOOKING NOTIFICATION OR UPDATES
12.1. All notification or updates related to FITSY Classes and Bookings are on best effort. FITSY is not responsible if you fail to receive notification or update. You can always check the latest class and booking updates by login to Members Porta/ at https://m.fitsy.my
TERMINATION
13.1. If I breach any of the terms set out herein:
13.1.1. I waive my rights to make any claims against FITSY; and
13.1.2. FITSY will have the rights to withhold and/or consider themselves discharged form fulfilling any further obligations under the terms set out herein.
PRIVACY POLICY
PRIVACY OF PERSONAL INFORMATION
14.1. FITSY SIGNATURE SDN BHD (“FITSY”) respects the privacy of individuals with regards to personal data ("Personal Information”) and is committed to protecting the privacy of our subscribers, contestants, members, participants, and business associates/partners ("Users"), and strives to provide a safe and secure user experience. This privacy policy is formulated in accordance with the Personal Data Protection Act 2010 ("Act"), which describes how your Personal Information is collected and used, and your choices with respect to your Personal Information. The following discloses our information gathering and dissemination practices.
14.2. Purpose of Personal Information collected Personal Information that you provide to us voluntarily will be processed for the following purposes ("Purposes"):
14.2.1. to complete transactions with you, manage and verify your membership of our customer loyalty scheme where applicable;
14.2.2. to understand and analyse your needs and preferences;
14.2.3. to directly market our products and services to you;
14.2.4. to develop, enhance, market and provide products and services to meet your needs;
14.2.5. to enable you to participate in promotions and contests;
14.2.6. to process exchanges or product returns;
14.2.7. to send you updates on products, news and event updates, rewards and promotions, special privileges and initiatives of FITSY and our partners;
14.2.8. to share with you information in furtherance of FITSY's business relationship with you in connection with FITSY's products and services;
14.2.9. to improve our services; and, to respond to requests or complaints;
14.2.10. to manage, verify and complete transactions and contracts with you in regards to FITSY's business relationship with you;
14.2.11. Although the precise details of the Personal Information collected will vary according to the specificity of the Purposes (such as contests, forums, surveys etc) whether via online or otherwise, we on normal accounts would collect the following Personal Information from or in relation to you, namely:
1. Name;
2. Company Name (if any);
3. Designation/Position (if any);
4. Address (if any);
5. Phone number(s);
6. Emergency Contact(s);
7. Fax (If any);
8. Date of birth;
9. Email address
10. Gender
14.3. Storage and Retention of Personal Data Your Personal Information shall be stored either in hard copies in our offices or in data hosting servers located in Malaysia and will be operated and/or used either by us or our service providers. Any Personal Information supplied by you will be retained by our organisation as long as necessary for the fulfilment of the Purposes stated in 1.2 above or as required to satisfy legal, regulatory, accounting requirements or to protect our interests.
14.4. We reserve the right to amend this Privacy Policy from time to time without prior notice. We advise that you check this Privacy Policy on a regular basis at http://m.fltsy.my/tnc/.
15. CONSENT
15.1. FITSY SIGNATURE SDN BHD (FITSY) seeks to use your Personal Information only for the Purposes and with your consent.
15.2. For subscribers, it is a condition of acceptance to the collection, collation, use and/or disclosure of all the Personal Information by us for the purposes of you subscribing to the package. By subscribing, you signify your agreement hereto.
15.3. We only keep Personal Information for as long as is necessary to satisfy the specified Purposes for which it was collected. We retain Personal Information in accordance with our own guidelines, procedures and principles and in line with applicable legislation.
15.4. We may disclose your Personal Information to a Vendor (often referred to as the data processor).
15.5. "Vendor" in relation to Personal Information means any person or entity (other than an employee of FITSY) who processes the Personal Information on behalf of us.
15.6. "Processing", in relation to Personal Information means for example obtaining, recording, holding or using the Personal Information in carrying out any operation or set of operations on the Personal Information including organisation, compilation, retrieval disclosure of the Personal Information for verification purposes. These Vendor(s) will treat your Personal Information as confidential, in accordance with all applicable Data Protection legislation and will process such Persona/ Information only for the Purposes and within the terms set out herein.
15.7. We may disclose your Personal Information if we are required to do so by law or requirement of a competent authority.
15.8. In addition to the above, we may, from time to time work on specific initiatives with carefully selected third party companies/organisations (outside of FITSY) to share opportunities with you. If this opportunity should arise, we will inform you at the time of such initiatives that, if you decide to submit any Personal Information, it will be shared with those selected companies/organisations and we will only do so with your prior consent.
15.9. You will always be given the opportunity to consent (opt in) to your information being shared pursuant to the above, and the selected companies/organisations will be sufficiently identified to allow you to make an informed decision. If you do consent (opt in) and subsequently visit such companies'/organisations' websites, we cannot control how they use or otherwise process any Personal Information you provide directly to them. We always encourage you to check their sites' terms and conditions and privacy policy before you give out any Personal Information.
15.10. Opt In: We at FITSY will not use your Personal Information for a purpose that has not previously been specified, unless we have previously obtained your consent or unless such purpose is required by law. Consent to provide Personal Information is not a condition for our selling a product to you, unless the information requested is required to fulfill an explicitly specified and legitimate purpose.
15.11. Unsubscrlbe: At any time, you can withdraw your consent to our collection, use or disclosure (generally Processing) of your Personal Information by calling or emailing FITSY as shown in Section 4 of this Terms and Conditions. If you have previously opted in to receiving commercial communications from us, while also becoming a member of our membership, should your membership to such scheme comes to an end for whatever reason, we will not take it as an implication for an automatic request to unsubscribe, and we will assume that we continue to have your consent, unless you specifically unsubscribe.
ACCURACY OF INFORMATION
16.1. You are responsible for informing us about changes and/or amendments to your Personal Information and for ensuring that such Information is accurate, current and up to date.
CONTACT DETAILS
17.1. Please contact us if you have any queries via the following channels:
17.1.1. Phone: +6 011 3552 8210
17.1.2. Email: tellus@fitsy.my
Disclaimer. THE MATERIALS CONTAINED HEREIN ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FITSY WEBSITE, FITSY SIGNATURE SDN BHD AND ALL AFFILIATED PARTNERS HARMLESS FROM ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES INCLUDING ATTORNEYS' FEES ARISING FROM ANY SUBMISSIONS BY YOU OR THROUGH YOUR ACCOUNT.