Please read these Terms carefully before accessing and using the Site. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH SNEAKFIT ON AN INDIVIDUAL BASIS.
a) Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.
b) Amendment of Terms. Sneakfit may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
2. Sneakfit Platform
a) Sneakfit is a aggregator platform that enables user to purchase the different monthly memberships of studios and Fitness Pass that allows members to reserve and schedule a wide range of fitness and recreational classes and services offered and operated by fitness studios, gyms, trainers, venues or other third parties that partner with Sneakfit (“Venues”). Through the Sneakfit platform you can access third party products and services. Sneakfit itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities accessible through the Site.
b) Membership Cycles. Your Sneakfit membership starts on the date when you buy a membership and submit payment via a valid Payment Method,this apply on both studio membership and the Fitness pass. Sneakfit Fitness pass cycle is one month in length (“Membership Cycle”), and could not be cancelled or terminated. For example, if you purchase your membership on April 5, your membership will expire on May 5. You must provide us with a current, valid, accepted method of payment (which we may update from time to time, Payment Method) to use Sneakfit.
c) Eligible Classes. Fitness Pass member receives classes, gym time or other service time per Membership Cycle (Eligible Classes) to be used to visit any Venue of their choice available to such member on our platform. Sneakfit reserves the right to change from time to time the number of Eligible Classes a member can take per cycle, membership plan, geography, Venue or otherwise. We also may change the number of reservations a member can make and canceled or missed services a member may incur. Our current standard policies regarding the number of Eligible Classes you may take per Venue can be found here and the number of reservations you may hold at a given time are 2 per 12 hours.
d) Membership Plans. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
e) Availability and Allocation. Sneakfit does not guarantee the availability of particular Venues, locations, classes or other inventory, and availability may change over time, including during the course of any given Membership Cycle. The type, quantity, allocation and availability of Venues, classes, and other inventory offered are determined by Sneakfit in its sole discretion. As such, Sneakfit takes certain steps to release, promote and otherwise make available inventory at varying times and in an ongoing and evolving way.
f) Use of Sneakfit. Your Sneakfit membership is personal to you and you agree not to create more than one account. Members cannot transfer third parties, including other Sneakfit members. Sneakfit may not be used for commercial purposes. To use your Sneakfit membership you must have access to the Internet. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these test without notice.
g) Feedback. If you provide SneakFit with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site,SneakFit shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant SneakFIT a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
h) Promotional offers or discounts: We may make promotional offers or discounts with different features and different rates to our Sneakfit members from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Service.Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, promotions and promotional plans are only available to new customers that have never had a Sneakfit account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited.
3. PURCHASING AND PAYMENTS
a) Payment Methods. You must provide us with a current, valid and accepted payment method (as may be updated from time to time, “Payment Method”) to use the Service. By using the Service you agree to pay us the individual purchase price of monthly membership fee through the Payment Methods available. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail. We use third party payment service providers to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
b) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will solely depend on Sneakfit.
c) Partner’s Charge. Your Fitness Pass only covers your access to the Activities listed on the Platform. Some of the Partners may also charge equipment, amenity or other service fees that are not included in their regular activity fees or offer other promotions or add-ons and you are responsible for such charges. Please read the description of each Partner carefully before reserving your Activity.
d) Third Party Fees for Using Sneakfit. You are also responsible for all third party charges and fees associated with connecting and using the Site, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Site.
e) No Refunds. Purchases are not refundable and we will not refund or credit for any partially used or unused activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances on a “case to case” basis as we may decide in our sole and absolute discretion.
5. Termination or Modification by Sneakfit.
a) Termination or Modification. You understand and agree that, at any time and without prior notice Sneakfit may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site or your membership (or any portion thereof, including your access to any or all Venues or services) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any membership prior to the end of committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Sneakfit will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your membership.
In any such case where membership needs to be cancelled by user you need to contact Sneakfit and provide a genuine reason for cancellation.Sneakfit reserves all the right to decide whether the membership would be cancelled or not.
b) Infringing or Fraudulent Activity. Sneakfit does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities.
c)Reservation and Cancellation of Classes. As a Sneakfit member you must reserve and cancel your Sneakfit classes only through the Sneakfit website. It is a breach of your Sneakfit Fitness Pass terms if you reserve or cancel directly with a Venue, including through any online or mobile account you have with a Venue. If you reserve or cancel directly with such Venue, we reserve the right to deduct the class from your account.
6. Eligibility; Registration Information and Password; Site Access.
a) Eligibility Criteria. The availability of all or part of our Site may be limited based on geographic, age, or other criteria as we may establish from time to time. User must be of legal age, eligibility and mental capability to form a binding contract
b) Account Information. You agree that the information you provide to Sneakfit at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account.
8. Prohibited Conduct.
You agree not to:
Harass, threaten, disrupt or defraud users, members or staff of SneakFIT or Venues or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to users;
Impersonate another person or access another user’s account;
Permit anyone to use any classes or services booked under your own membership, including other members;
Reserve or cancel any SneakFIT class directly with a Venue, rather than through the SneakFIT Site,
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
Upload material (e.g. virus) that is damaging to computer systems or data of SneakFIT or users of the Site;
Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
9. Prohibited Uses.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other partys use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Sneakfit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP
Use of Services shall, at all times, be governed by and subject to the applicable laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and Users agree to abide by such laws. A User shall solely be responsible for any violation of any law or for any infringement of any intellectual property rights caused by such User’s use of Services.
When a User uploads, submits, stores or sends any Content to or through the Services, such User grants the Content License to SneakFIT including,SneakFIT’s employees, agents, consultants (as the case may be) to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute such Content. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving Services, and to develop new services. This license shall continue to operate even if a User stops using Services or terminates this Agreement.
SneakFIT respects the intellectual property rights of Persons and does not hold any responsibility for any violations of any intellectual property rights by Users.
ANY ADVICE RECEIVED OR INFERRED VIA THE SERVICES SHOULD NOT BE RELIED UPON BY THE USERS FOR ANY PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR TAILORED ADVICE, SPECIFIC TO SUCH USER’S SITUATION AND/OR MEDICAL CONDITION.
SNEAKFIT SHALL NOT BE RESPONSIBLE FOR VIRUSES, WORMS, TROJAN, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT. THE WEBSITE MAY CONTAIN CONTENT THAT IS OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE. THE WEBSITE MAY ALSO CONTAIN CONTENT THAT INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, OF THIRD PARTIES, OR THE DOWNLOADING, COPYING OR USE OF WHICH IS SUBJECT TO CERTAIN ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED. SNEAKFIT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE OF THE WEBSITE, OR FROM ANY DOWNLOADING OF CONTENT POSTED ON THE WEBSITE
At SneakFit, we strongly believe that small daily improvements are key to staggering Long-Term Results We’d love to hear from you if you are interested in partnering with us.