TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE/APP. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.
1. INTERPRETATION AND VARIATION
1.1. In these terms and conditions (the « Conditions ») the following definitions apply:
1.1.1. « App » our URBANRIDE iOS or Android mobile phone applications;
1.1.2. « Class » any exercise class provided by us or on our behalf at the Studios as part of the Services;
1.1.3. « Goods » any goods offered for sale at any of our Studios and/or our Website/App;
1.1.4. « Rides » Rides purchased via our Website/App and used to make bookings for Classes;
1.1.5. « Services » services available to you via this Website/App or at any of our Studios (« walk-in purchase »), including the Classes;
1.1.6. « Studios » any of our studios, as published on our Website/App from time to time; and
1.1.7. « Website » http://www.urbanride.ch
1.2. These Conditions apply to you as a result of your use of this Website/App and the purchase of Goods and Services from us. By accessing and using this Website/App, and by purchasing Goods and Services from us, you acknowledge that you have read and that you agree to these Conditions. If you do not agree to these Conditions, you must not use this Website/App or purchase Goods and Services from us.
1.3. This Website/App and the Goods and Services displayed on it are provided by GTM2 Ltd. (sole operator of URBANRIDE, the « Company ») and its subsidiaries, (collectively referred to herein as « we », « us » and « our »). Please refer to Section 19 for further information about us. In these Conditions the terms « you » and « your » mean the user of this Website/App and/or purchaser of Goods and/or user of our Services.
1.4. Please carefully read these Conditions prior to using this Website/App or purchasing any Goods or Services from us.
1.5. We reserve the right to vary and revoke these Conditions from time to time. Any changes to the Conditions will be effective upon publication of the updated Conditions on the Website/App. You should check these Conditions before each order or booking as they may have changed since your last visit. By ordering, booking or purchasing Goods and/or Services from us after an amendment of the Conditions you agree with the Updated Conditions.
1.6. Any questions about the Conditions, the Services or this Website/App, should be addressed to us by using the contact details in the “Contact Us” section of this Website/App.
2. OTHER RELEVANT POLICIES
3. USE OF OUR FACILITIES AND CLASSES
3.1. You are entitled to use the Studios and facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Company.
3.2. Booking or attending of any of our Classes or to use any of our facilities at the Studios is limited to person aged 16 years or over.
3.3. You agree to comply with our Class rules which are available online or displayed in all of our Studios. These rules relate to our opening hours, use of our facilities and your conduct.
3.4. Proper athletic attire is required. You dressing must be appropriate for an indoor cycling class, and for safety reasons you should notably avoid any loose clothing on your lower body. We reserve the right to make the final determination in our sole discretion with regard to appropriate attire.
3.5. You consent to having your photograph taken by us at any time whilst using our facilities and we reserve the right to use any such individual or group photographs of you and/or guests for press or promotional purposes. You should notify us in writing if you do not want your photograph used for such purposes.
3.6. You shall not use any of our facility, service or equipment in such a way as to endanger your or others health or safety. You shall be responsible for any property damage or personal injury caused by you or your guests.
3.7. We reserve the right to refuse you access to the Studios and suspend or terminate your use of our Services if in our reasonable opinion your conduct is in breach of these Conditions and/or our Class rules, or is damaging to our reputation, or would otherwise not be in the interests of other users of our Studios or participants in our Classes. Following such suspension or termination any potential privileges shall be forfeited and you shall not be entitled to any refund.
4. FITNESS AND HEALTH
4.1. Indoor cycling classes involve intensive exercise. You are advised not to undertake any physical activities without first seeking medical advice. You agree to familiarize yourself with what the Classes involve prior to assessing whether you are fit to participate in a Class. You should refer to our Website/App or speak to a member of staff for further information, bearing in mind that we do not provide medically trained staff and they are therefore not qualified to assess whether you are in appropriate physical condition and/or whether you can engage in any exercise without detriment to your health, safety, comfort or physical condition.
4.2. By agreeing to these terms and conditions, and each time you are using our Services, you warrant and represent that (a) you have no health problems; (b) on each occasion that you use our Studios, you are in an appropriate physical condition to participate in Classes; (c) you know of no medical or other condition that would render you incapable of engaging in the Classes or exercises provided by us; (e) such Classes or exercises would not be detrimental to your health, safety or physical condition; and (d) you have not been instructed by any physician not to use our facilities, equipment, services, or similar equipment or services.
4.3. You shall not use our facilities if you are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to your health or safety, comfort or physical condition. If there is any doubt, you should consult your doctor and must notify us of any circumstances affecting your health, which may be exacerbated through continued use of our Studios.
4.4. We reserve the right to refuse access to our Studios if, in our absolute discretion, we consider that the health of the individual concerned may be endangered by the use of our facilities.
4.5. You agree to follow the instructions of the instructor at all times.
4.6. We accept no responsibility or liability if the provisions of this Section 4 are not complied with. The provisions of Section 12 (« Limitation of liability ») are reserved.
5. RIDES AND BOOKING CLASSES
5.1. In order to book a Class, your personal account must include at least one Ride. One Ride entitles you to attend one Class.
5.2. You can check availability and book Classes in advance online via our Website/App, or on-site at the Studio. You may also purchase multiple Rides as blocks at discounted rates. For each booked Class, one Ride will be deducted from your account.
5.3. Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Rides in your account.
5.4. Details of Class times at the Studios may vary from time to time and are published on the Website/App. We reserve the right to change Class times or cancel Classes at our discretion, and we will endeavour to give you notice of such changes as is reasonably practicable.
5.5. You may cancel a booking, by signing into your account on our Website/App or by contacting the Studio where your Class is to take place, up to 12 hours before the beginning time of a Class and the Ride will be re-credited to your personal account (i.e., no cash refund). Classes cancelled less than 12 hours before the beginning of the Class will not be re-credited and your personal account will be deducted for that Ride. Please note that this includes Classes (automatically) allocated via the waitlist. No refund will be granted.
5.6. If no reservations are available for a Class you wish to attend, you may join a waitlist for the fully booked Class (« Waitlist Booking »). Up until the day of the class, we will automatically add you to the classes you are waitlisted for, on a first come, first served basis. You will receive a notification stating you have received a bike. If a bike opens up on the same day as the class, we will contact the first waitlisted client(s), however without enrolling them unless we receive a confirmation from them. Waitlist Booking subject to the Terms and Conditions in the usual way.
5.7. Price details and specific terms for Rides are available on our Website/App and at our Studios. We reserve the right to determine and change the prices and/or their terms at our sole discretion at any time.
5.8. Rides will expire according to the terms mentioned on the price list.
5.9. Rides and Class bookings are non-transferable to any other person and you should not allow anyone else to book Classes using your Rides. We reserve the right to apply the measures provided for under Section 3.7 in case of breach of this provision.
5.10. Subject to any statutory right of cancellation, payments for Rides are non-refundable unless otherwise stated in these Conditions.
5.11. Instructors, Classes, prices and expiry terms are subject to change.
6. PERFORMANCE METRICS
6.1. Performance metrics may be included in our Classes and, as the case may be, displayed on the screens during the Class (the « Performance Screens Service »). In this context, we provide a Performance Tracking Service through which you will receive the performance metrics relating to each Class you attend and which will be accessible via your online account (the “Performance Tracking Service”).
6.2. We will not be liable and you shall not be entitled to any compensation, including without limitation a replacement Class, in cases where the Performance Screens Service and/or Performance Tracking Service are not available or do not function for any reason.
7. GOODS RETURN POLICY
7.1. You may return Goods purchased in our Studios or, as the case may be, on our Website/App, to any of our Studios within 7 days of the purchase date with your receipt. We will give you a full refund provided that the Goods are unused and undamaged. Your statutory rights as a consumer are reserved.
8. USE OF OUR WEBSITE/APP
8.2. We reserve the right to update and to change the content of this Website/App from time to time without prior notice. Any of the materials on our Website/App may be out of date at any given time, and we are under no obligation to update such materials. We do not guarantee, and assume no liability in this respect, that our Website/App, or any content on it, will be free from errors or omissions.
8.3. This Website/App, including all information, content, and services made available on this Website/App, is provided “as is.” We make no representations or warranties of any kind whatsoever regarding the content or services of this Website/App, or hypertext links to other outside Website/Apps. We disclaim any express or implied warranties of any kind or nature whatsoever, including without limitation, warranties related to any course of dealing, trade practice, and implied warranties of non-infringement, merchantability and fitness for a particular purpose. We do not guarantee that our Website/App, or any content on it, will always be available, error free and uninterrupted, that defects will be corrected, or that this Website/App and material accessible from this Website/App are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this Website/App is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website/App without notice.
8.4. By accessing this Website/App, 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/App for your personal use in accordance with these Conditions. You must not modify the copies of any materials on this Website/App 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/App must always be acknowledged. You must not use any part of the content on our Website/App for commercial purposes without obtaining a license to do so from us or our licensors. If you print, copy, modify or download any part of our Website/App in breach of these Conditions, your right to use this Website/App will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
8.5. Except as expressly permitted by Section 8, you may not (except to the extent required in order to use this Website/App in accordance with these Conditions) copy, store in any medium (including in any other Website/App), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website/App or systematically extract material from this Website/App 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/App or any document available through it without our prior written consent.
8.6. We recommend that you only access this Website/App using a computer linked to a secure network environment.
8.7. We cannot guarantee that this Website/App will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website/App please contact us by email at firstname.lastname@example.org and we will endeavour to correct it.
8.8. It is our policy to virus check documents and files before they are posted on this Website/App. However, we cannot guarantee that documents or files downloaded from this Website/App will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website/App.
8.9. You must not misuse our Website/App by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website/App, the server on which our Website/App is stored or any server, computer or database connected to our Website/App. You must not attack our Website/App via a denial-of–service attack or a distributed denial-of-service attack.
9. USERNAME AND PASSWORD
9.1. Your username, password or other login details (the « Personal Login Details ») must be treated as confidential and must not be shared or disclosed to any third party. If you have any reason to believe your account details have been obtained by another without consent, you must contact us at email@example.com as soon as possible.
9.2. You shall not obtain or attempt to obtain unauthorized access to an area of this Website/App which is only accessible with a username and password other than with your Personal Login Details 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.
9.3. To the fullest extent permitted by law, we shall not be liable for any losses you suffer as a result of unauthorized access to your account.
10. INTELLECTUAL PROPERTY
10.1. The Intellectual property rights in all content, including information, graphics, logos, trademarks, trade names, and photographs, of this Website/App and in the supply of Goods and Services are owned by GTM2 Ltd. or other third parties. You are not allowed to copy, download, produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of this Website/App’s content, or use any of the trademarks, logos or trade names, without prior written consent or the consent of such third party who may own the marks.
10.2. Likewise, the design, code, and layout of this Website/App are protected by copyright, database right, design rights and other similar laws. You are not allowed to copy, produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part.
10.3. We and our suppliers own the intellectual property rights in the software that runs this Website/App. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, modify, create derivative works from, interfere with or attempt to interfere with that software without our prior written consent.
11. PERSONAL BELONGINGS
11.1. You are urged not to bring valuables onto our premises and, if you choose to do so, to keep valuables with yourselves at all times. Personal belongings are brought into our premises at your own risk. URBANRIDE, and its employees, will not accept any responsibility or liability for any loss and/or theft and/or damage of any personal property (including money, jewelry, or other valuables) brought onto our premises belonging to you or your guests.
12. LIMITATION OF LIABILITY
12.1. By enrolling with URBANRIDE and attending our Classes, you acknowledge that there are inherent risks and dangers in participating in our Classes and programs.
12.2. It is your responsibility to ensure that you comply with Section 4 (« Fitness and Health »), and that your physical condition is appropriate for participating in our classes and programs. You must consult a member of staff if you are in any doubt how to correctly set up and use our equipment.
12.3. Neither URBANRIDE or its employees will accept any liability for any death, personal injury or illness that take place on our premises or that occur as a result of using our facilities or participating in our Classes, except in such cases that such death, personal injury or illness arises from any grossly negligent act, or wilful act or omission of URBANRIDE.
12.4. We will not be liable to you if, for any reason, our Website/App is unavailable at any time or for any period. We further will not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or performance of, or the inability to use, our Website/App or information or functions of our Website/App, including, without limitation, loss of income, pain and suffering, emotional distress or similar damages, even if we have been advised of the possibility or could have foreseen such damages. We exclude to the fullest extent permitted by law, all liability in connection with any damage or loss caused by (A) errors, computer viruses, other malicious code or harmful components originating or contracted from the Website/App or from any third party website/app linked to this Website/App and (b) any interruptions in your access to the Website/App.
13. VIOLATIONS AND INDEMNIFICATION
13.1. We may take any actions we deem appropriate, including but not limited to, restricting your access to this Website/App or terminating our Services to you if we determine, in our sole discretion, that you have violated these Conditions.
13.2. You agree to defend, indemnify and hold us harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of this Website/App, including but not limited to your improper use of the Website/App, your violation of these Conditions, and your infringement (or the infringement or improper use by any other user of your account) of any intellectual property or other right of any person or entity.
14. ENTIRE AGREEMENT
15.1. We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website/App and in our Studios and our provision of Goods and Services to you.
16.1. If any provision of these Conditions is held to be illegal or invalid by a court of competent jurisdiction, such provision shall be deemed to be severed and deleted; and neither such provision, nor its severance and deletion, shall affect the validity of the remaining provisions of these Conditions.
17.1. No provision of these Conditions will be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by us.
18.1. In case of contradictions between provisions of the English and the French version of these Conditions, the French version shall prevail.
19. INFORMATION ABOUT US
19.1. URBANRIDE Studios are operated by GTM2 Ltd, a limited company registered in Switzerland with its registered place of business at rue Sautter 15, CH-1205 Geneva. Its UID is CHE-193.715.908.
20. GOVERNING LAW AND JURISDICTION
20.1. These Conditions, and all claims and disputes, including statutory claims and disputes, arising out of or relating to these Conditions, shall be interpreted and construed in accordance with the substantive laws of Switzerland. The Courts of the Canton of Geneva shall have exclusive jurisdiction.
GTM2 LTD which operates URBANRIDE, URBANRIDE.CH and the URBANRIDE mobile application (the « Company » or « Urbanride » or referred to herein as « we », « us » and « our »), is strongly committed to protecting and respecting the privacy of its clients (referred to herein as « you » or « your ») and the applicable Swiss data protection regulations.
2. TYPES OF INFORMATION PROCESSED
The information we gather is limited to the one necessary to provide you our Services and/or Goods and administer our Online Tools. The information collected on the Online Tools is used to identify who is visiting and using the Online Tools, to personalize the visitor/user’s experience, and for improvement purposes.
In that context, two types of information may be collected about the visitor/user of the Online Tools: (i) non-personally identifying information, which notably includes data such as IP address, browser type, domain name, specific pages visited, downloaded files, and other anonymous data. This type of data is collected automatically, and it is used in an aggregated form in order to identify trends for the improvement of the Online Tools and the user’s experience (please also refer to Section 5 below); (ii) personally identifying information, such as name, address, telephone number, e-mail address, and any other information you may provide to us. Identifying data is processed by us only if you submit such information. The mere visit of the Website does not require the submitting of identifying information.
The following are examples of information about you that may be processed by us:
‒ Any data obtained when you use our website or contact us by post, telephone, fax, email or SMS;
‒ Information provided as part of the completion of questionnaires that we use for research, or if you enter one of our competition or promotion;
‒ Details of Services you have purchased on the Online Tools;
‒ Any details regarding your visits/usage of our Online Tools (e.g., accessed resources, error reports);
‒ Any information that you provide to us as part of your registration to our services and/or purchase of our Services and/or Goods, including details relating to your physical state (e.g., age, height, weight, shoe size) and fitness.
Social media platforms (e.g., Facebook, Twitter, Instagram), which may be included in Our Online Tools in the form of buttons or widgets, may collect non-personally identifying information, such as your IP address and the pages you visit on our Website, and they may set cookies to enable the features on their platforms to function properly. Your interaction with these platforms and their features are governed by the general terms and privacy policies of these platforms.
3. SAFEKEEPING OF PROCESSED INFORMATION
The security of your personal information is a high priority at Urbanride. We maintain our services and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will comply with legal requirements to protect your information, we cannot guarantee the security of your information transmitted to our Online Tools and any transmissions are at your own risk.
Any login details including usernames and passwords must be kept confidential by you and you should not share your password with any third parties. Please immediately report to us at firstname.lastname@example.org if you suspect somebody else is in possession of these details.
Our Online Tools may contain links to and from other third party websites, and we accept no responsibility or liability for these sites or for their privacy policies. It is your responsibility to check and comply with their respective policies and terms and conditions before you submit any information to them.
4. POTENTIAL RECIPIENTS OF INFORMATION
We may also need to share your information to comply with legal or regulatory requirements, or to enforce or apply our terms and conditions or other contracts/agreements in order to provide you with our Services and/or Goods; or to protect the rights, property, or safety of our Company, our customers.
We may use « cookies » to collect information to monitor your use of our Online Tools. Cookies are data files which collect information about your use of our Online Tools and help us provide you with an improved experience when you visit our Online Tools.
6. USER’S RIGHTS
7. THIRD PARTY WEBSITES AND/OR PLATFORMS
Our Online Tools may contain links to and from other websites/ platforms. These third party websites or platforms have their own terms and conditions and privacy policies. By following a link to any of these websites, please note that we do not accept any responsibility or liability for these terms, policies or for the content, goods and/or services provided by those websites or platforms.
8. NEWSLETTER EMAILS
Provided you have subscribed to our newsletter service, we may send you news, promotional offers, and announcements by email. You may unsubscribe from our newsletter services at any time.
These terms and conditions were last updated on October 25, 2017.