ABOUT THESE CONDITIONS
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.
This Website and the Goods and Services displayed on it are provided by M. Damian Fisher BOOST, (collectively referred to in these Conditions as “we”, “us” and “our”). Further information about us is set out in Condition 13. When we refer to “you” and “your” we mean the user of this Website, purchaser of Goods or user of our Services.
You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
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 or booking as they may have changed since your last visit.
If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
When the following words with capital letters are used in these Conditions, they shall have the following meaning:
“Class” any exercise class provided by us or on our behalf at the Location as part of the Services;
“Sessions” a one on one exercise class provided by our Personal Trainer at the Location 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.iv;
“Programs” purchased via our Website used to make bookings for Classes;
“Goods” any Goods offered for sale from our Website;
“Services” services available to you via this Website, including the Classes;
“Locations” any of our locations, as published on our Website from time to time; and
“Website” HTTP://BOOSTMONACO.COM
USE OF OUR SERVICES AND CLASSES
You must be aged 16 years or over to attend any of our Classes.
You must dress appropriately for an outdoor fitness class, and avoid any loose clothing on your lower body.
Instructors and Classes are subject to change.
We reserve the right to refuse you access to our Classes and suspend or terminate your use of our Services if in our reasonable opinion your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise not be in the interests of other participants in our Classes. Following such suspension or termination, any privileges shall be forfeited and you shall not be entitled to any refund.
FITNESS AND HEALTH
Boost outdoor fitness classes involve intensive exercise. You agree to familiarize yourself with what Classes involve prior to assessing whether you are fit to participate in a Class. You should refer to our Website or speak to a member of staff for further information.
By agreeing to these terms and conditions you confirm that you have no health problems and on each occasion that you attend a Class that you are in an appropriate physical condition to participate in Classes and that you know of no medical or other condition why you are not capable of engaging in the Classes or exercises provided by us and that such Classes or exercises would not be detrimental to your health, safety or physical condition.
Our staff are not medically trained and are therefore not qualified to assess whether you or any guest is inappropriate physical condition and/or whether you can engage in any exercise without detriment to your health, safety, comfort or physical condition.
You are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition. We reserve the right to refuse access to our Classes if, in our absolute discretion, we consider that the health of the individual concerned may be endangered.
You shall not participate in our Classes 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.
You agree to follow the instructions of the instructor at all times.
BOOKING CLASSES AND SESSIONS
To book a Class, your account must include at least one session. One session or class entitles you to attend one Class.
You can check availability and book Classes in advance online via our Website, or in person. Programs are purchased as blocks. When you book a session or program, one session or program will be deducted from your account.
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.
You may cancel a Personal Training booking up to 12 hours before the session and receive a credit of your session. You can cancel by phone or email. If you cancel less than 12 hours in advance your account will be deducted for that session, and you will not be refunded.
Price details for Personal Training sessions and Group Training programs are available on our Website and shall be such prices as determined by us from time to time.
Personal Training sessions will expire 12 months from purchase.
Subject to any statutory right of cancellation, payments for Personal Training Sessions and Group Training Programs are non-refundable unless otherwise stated in these Conditions.
GOODS
If you change your mind about any Goods purchased from us, you may return them to any of our staff 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.
USE OF OUR WEBSITE
Use of our site includes accessing, browsing or registering to use our Website. By using our Website you are confirming that you accept these terms of use and that you agree to abide by them.
We may update this Website from time to time and may change the content at any time. Any of the materials on our Website may be out of date at any given time and we are under no obligation to update such materials. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
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.
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 license 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 discretion, return or destroy any copies of the materials you have made.
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.
This Website should only be accessed using a computer linked to a secure network environment.
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 info@boostmonaco.com and we will endeavor to correct it.
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 Website linked to this Website and (b) any interruptions in your access to the Website.
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, the server on which our site is stored or any server, computer or database connected to our site. 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 offense 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.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may be subject to the terms of use applicable to such third party sites.
YOUR USERNAME AND PASSWORD
You must not share your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. It is recommended you do not share your account details in your internet browser if you use a shared computer. If you have any reason to believe your account details have been obtained by another without consent you must contact us at INFO@BOOSTMONACO.COM as soon as possible.
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.
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.
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.
We shall not be liable for any losses you suffer as a result of unauthorized access to your account until such time as you have informed us of unauthorized use or possible unauthorized use of your login details or of a breach of security at INFO@BOOSTMONACO.COM
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.
INTELLECTUAL PROPERTY
The Intellectual property rights in all contents of this Website and in the supply of products and Services are owned by Boost or other third parties. You are not allowed to make any copies or to download, modify 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.
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.
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.
LIMITATION OF LIABILITY
By enrolling with Boost, you acknowledge that there are inherent risks and dangers in participating in our classes and programs.
It is your responsibility to ensure that you comply with condition 3 regarding Fitness and Health and that your physical condition is appropriate for participating in our classes and programs. A member of staff must be consulted by yourself if you are in any doubt how to correctly set up and use our equipment.
Neither Boost or its employees shall be liable for any death, personal injury or illness that take place 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 arise from any negligent act or omission of Boost.
PERSONAL BELONGINGS
Personal belongings are brought to the classes at your own risk and you agree that Boost, and its employees, shall not be liable for any loss, damage or theft of any property brought onto our premises belonging to yourself or your guests.
OTHER RELEVANT POLICIES
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.
Our Cookie Policy, which is available online, contains information on our use of cookies.
INFORMATION ABOUT US
www.boostmonaco.com is operated by M. Damian Fisher BOOST, a business activity registered in the Principality of Monaco under registration number 12P07963 with its registered office at D.C.S Business Center 13, Boulevard Princesse Charlotte 98000 Monaco.
VARIATION
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.
SEVERANCE
If any of these Conditions are or become illegal, invalid or unenforceable in any jurisdiction, they shall not affect:
the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or 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.
RIGHTS OF THIRD PARTIES
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.
WAIVER
No waiver of any of these Conditions shall be valid unless provided in writing by us.