IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.
TERMS AND CONDITIONS
1. ABOUT THESE CONDITIONS
1. These are the terms and conditions which apply to your use of this Website and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website.
2. This Website and the Goods and Services displayed on it are provided by The Boxing House Limited, (collectively referred to in these Conditions as "we", "us" and "our"). Further information about us is set out at Condition 12. When we refer to "you" and "your" we mean the user of this Website, purchaser of Goods or user of our Services.
3. You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
4. We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order as they may have changed since your last visit.
5. If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact Us” section of this Website.
6. When the following words with capital letters are used in these Conditions, this is what they mean:
7. “Class” any exercise class or personal training session or bootcamp provided by us or on our behalf at the Gym as part of the Services;
“Conditions” the terms and conditions as set out in this document and as amended from time to time in accordance with Condition 2.4;
“Credit” Credits purchased via our Website and used to make bookings for Classes;
“Goods” any Goods offered for sale at any of our Gym;
“Services” services available to you via this Website, including the Classes;
“Gym” any of our gyms, as published on our Website from time to time; and
“Website” http://www.kensingtonboxingclub.com
2. USERS OF OUR CLASSES
1. You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at the Gym, unless a parent completes an authorised waiver.
2. You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
3. Instructors and Classes are subject to change.
4. We reserve the right to refuse you access to the Gym and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Gym or participants in our Classes.
3. HEALTH COMMITMENT STATEMENT
1. By attending Kensington Boxing Club classes, activities and other programmes, and using Kensington Boxing Club’ premises, facilities, and equipment (collectively, Classes and Facilities), you hereby agree that there are certain inherent risks and dangers involved in participating in the Classes. If you observe any hazard during participation, you will bring it to the attention of the nearest Kensington Boxing Club employee or official immediately. You accept and are aware that there are inherent risks associated with physical activity and participation in the Classes. Some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but they range from 1) minor injuries such as scratches, bruises and sprains; 2) major injuries such as eye injury or loss of sight, joint or back injuries, broken bones, heart attacks and concussions; 3) catastrophic injuries including brain injury, paralysis and death and; 4) continual or long-term exposure to amplified music carries risk of hearing damage. The Gym provides personal noise protection in the form of ear plugs for its participants to use if desired. In consideration of being allowed to participate in and access the Classes, you hereby (1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you as a result of your participation in the Classes and/or use of the Facilities, (2) waive, release and forever discharge Kensington Boxing Club, its officers, agents, employees, instructors, ambassadors, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in the Classes and/or use of the Facilities, and (3) represent you have no medical or physical condition which would prevent you from attending any of Kensington Boxing Club’s Classes/Activities and/or put you in any physical or medical danger, and have not been instructed by a physician not to do so Kensington Boxing Club hereby advises you that individuals with any chronic disabilities or conditions are at risk in participating in the Classes, and are advised against doing so. In addition, if in the opinion of Kensington Boxing Club staff or instructor, you would be at physical risk by attending the Classes, you will be denied access to the Classes until you supply Kensington Boxing Club with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Kensington Boxing Club’s concerns, and stating that Kensington Boxing Club’s concerns are unfounded. If you decline to obtain such a letter, you will not be permitted to participate in the Classes or use the Facilities. Kensington Boxing Club reserves the right to refuse service at its discretion. For safety reasons, you are responsible for adhering to the above provision and agree to the conditions in the Waiver and Release Statement which you agreed to when registering for an account on our website. A copy of our Health Commitment Waiver and Release is available here or a hard copy is available at all of our locations.
4. CREDITS
1. To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class.
2. You can purchase Credits via our Website. Multiple Credits can also be purchased as bundles at discounted rates
3. Price details for Credits are available on our Website and shall be such prices as determined by us from time to time.
4. Credits purchased as part of bundles do have varying expiry dates so do read the expiry shown on the checkout pages before buying the credits.
5. Credits and Class bookings are not transferable to any other person and you should not allow anyone else to book Classes using your Credits.
6. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
7. Voucher codes are unique to each offer. Offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per customer/per address.
5. BOOKING A CLASS
1. You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit will be deducted from your account.
2. We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, classes are subject to availability, and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your account.
3. You may cancel a booking up to 24 hours before the Class and receive a refund of your Credit. If you cancel your class with less than 24 hours’ notice, we will do our best to allocate your place to another participant. If another participant takes your place, you'll receive a full refund of your credit. If we are unable to fill your place, you'll lose your credit.
4. If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked class. When you join the waitlist, one Credit will be deducted from your account.
5. If you join the waitlist and a space becomes available, you will be automatically added to the Class 2 hours before the Class is scheduled to begin. You will be notified by e-mail and text message if you are automatically added to a Class.
6. Waitlist entries will automatically be allocated when a place becomes available, up until 2 hours before the class start time - please ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a class on time. You can cancel your waitlist at any time up until it is allocated for a full refund. If a place becomes free within 2 hours of the start time, all remaining participants on the waitlist will be sent an email asking if they would like to accept the booking with a link to accept. This is on a first come first served basis.
7. If you join the waitlist and a place on the fully booked Class does not become available, you will be notified by e-mail and text message. The Credit debited from your account to join the waitlist will be refunded.
8. If we cancel a class, your Credit will be refunded.
6. GOODS
1. If you change your mind about any Goods purchased from us, you may return them to any of our Gym within 7 days with your receipt and we will give you a full refund provided that the Goods are unused and are not damaged. This does not affect your statutory rights as a consumer.
7. USE OF OUR WEBSITE
1. Use of our site includes accessing, browsing or registering to use our Website. By using the Website you are confirming that you accept these Conditions and that you agree to comply with them.
2. We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
3. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4. By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions of use your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. Except as expressly permitted by clause 7.4, you may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
6. This Website should only be accessed using a computer linked to a secure network environment.
7. We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at hello@kensingtonboxingclub.com, and we will endeavour to correct it.
8. It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Websites linked to this Website and (b) any interruptions in your access to the Website.
9. You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
10. If you decide to access any third-party Websites linked to this Website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links purely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such Websites. You may be subject to the terms of use applicable to such third-party sites.
9. YOUR USERNAME AND PASSWORD
1. Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.
2. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as hello@kensingtonboxingclub.com as soon as possible.
3. We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
4. You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
5. You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
6. We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security at hello@kensingtonboxingclub.com.
7. If you are accessing an area of our Website protected by a username and password to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.
10. MEMBERSHIPS
11. INTELLECTUAL PROPERTY
1. We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
2. The trademarks, logos and trade names displayed on the Website ("Marks") are the property of The Boxing House Limited or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
3. We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
12. LIABILITY
1. Neither the Gym nor the Company will accept liability for any damage or loss to a Participant’s or guest’s personal property brought into the Company’s premises. All activities are taken at the participant’s or guest’s own risk. Neither the Gym, the Company nor their employees shall be liable for personal injury sustained by participants or their guests whilst on the premises. Participants or guests who suffer an accident or injury on the premises must report the accident or injury and the circumstances in which it occurred to the Gym team immediately following the accident or injury.
13. OTHER RELEVANT POLICIES
1. Our privacy policy, which is available online, sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using this Website you consent to such processing and terms and you warrant that all data provided by you is accurate.
2. Our cookie policy, which is available online, contains information on our use of cookies.
14. INFORMATION ABOUT US
1. The Boxing House Limited is a company registered in England and Wales under company number 09920384 whose registered office is at 82 New Cavendish St, London, England, W1G9TA. Its VAT number is 229481783.
15. ENTIRE AGREEMENT
1. These Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of our Website.
16. VARIATION
1. We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.
17. SEVERANCE
1. If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
1. the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect ; or
2. the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
18. RIGHTS OF THIRD PARTIES
1. A person who is not a party to these Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
14. WAIVER
1. No waiver of any of these Conditions shall be valid unless provided in writing by us.
15. GOVERNING LAW AND JURISDICTION
1. Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
2. We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
