IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE AND BE AWARE THESE MAY BE UPDATED OVER TIME.
1. ABOUT THESE CONDITIONS
- The following details the terms and conditions that apply to using this Website and the purchase of Goods and Services from us. If you do not agree to these terms and conditions, you must not use this website.
- This Website and the Good and Services provided are supplied by Victus Soul Limited (referred to in this document as “we”, “us” and “our”). References including “you” and “your” refer to the user of this Website, purchaser of Goods or Services from us.
- The Terms and Conditions should be read thoroughly prior to using the Website or purchasing Goods or Services from Victus Soul Limited.
- We reserve the right to change the Terms and Conditions at any time and these will come in to effect prior to being published on the website.
- Any questions should be directed to email@example.com, or by our ‘Contact Us’ section of the Website.
2. INFORMATION ABOUT US
Victus Soul Limited is a company registered in England and Wales under company number 11522290, whose registered office is at 85 Great Portland Street, London, United Kingdom, W1W 7LT.
“Account" Victus Soul Limited Customer Account;
“Agreement” A Customer Account opened with Victus Soul and agreement to the Conditions;
“Package" – Multiple Credits purchased at discounted rates;
“Class” Any exercise class, activity and/or other programme provided by us or on our behalf at the Studio 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 1.4 above;
“Credit” Credits purchased via our Website or App and used to make bookings for Classes;
“Customer” The person or persons who enters into an Agreement with us and purchases Goods and/or accepts Services;
“Facilities” Our studios, equipment, facilities, Soul bar area, change rooms or outdoor area;
“Goods” any Goods offered for sale on our Website or at any of our Studios or in partnership with affiliated brands;
“Health Commitment Statement” The Health Commitment Statement (‘HCS’) sets the standards that health and fitness facilities and users can reasonably expect from each other in regards to the health of the user.
“Intellectual Property Rights” patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights, goodwill and the right to sue for passing off, rights in designs, Website content and design, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Representative” officers, agents, employees, instructors, ambassadors, or other representatives of Victus Soul.
“Services” services available to you via the Website and the Victus Soul app in connection with Victus Soul, including but not limited to the classes;
“Studios” any of our Studios, as published on our Website, including any property relating to part of the Studios
“Venue” any of our Studios, Soul Bar, Reception, Change Room facilities and Waiting Areas, including any property relating to part of the Venue; and
“Victus Soul” Victus Soul Limited
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
4. USERS OF OUR FACILITY
- You must be aged 16 years or over to attend any of our Classes or to use any of our studio facilities at the premises.
- You agree to comply with our Class Rules which can be found online or displayed in our Venues. The access rules concern opening hours, use of our facilities and your conduct. Instructors and classes are subject to change.
- We reserve the right to refuse you access to the Venues 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 Venue or participants in our Classes.
- You agree to us taking photographs and/or videos inside the studio and/or during Class at any time, such photographs to be used for promotional purposes.
5. HEALTH COMMITMENT STATEMENT
- By attending our Classes and/or using our Facilities, you hereby irrevocably agree that there are risks and dangers in such participation and utilisation.
- If you observe any hazard during participation, you will bring it to the attention of the nearest Victus Soul staff member immediately.
- You accept and are aware that there are inherent risks associated with physical activity by participating in the Classes and/or using our Facilities. Some of these risks cannot be eliminated irrespective of the care taken to avoid injuries. The specific risks may vary from one activity to another, but are categorised below:
- minor injuries including but not limited to scratches, bruises and sprains;
- major injuries including but not limited to eye injury or loss of sight, joint or back injuries, heart attacks and concussions;
- catastrophic injuries including but not limited to paralysis and death;
- continual or long-term exposure to amplified music carries risks that may include but are not limited to a risk of hearing damage; and
- exposure to strobe or flashing lighting carries risks that may include but are not limited to photosensivity and epilepsy.
- Upon being permitted to access and participate in the Classes and/or use our Facilities, you hereby:
- assume full responsibility for any and all injuries or damage which are sustained or aggravated as a result of your participation in the Classes and/or use of the Facilities;
- waive, release and forever discharge Victus Soul, its staff and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to you or your property resulting from your participation in the Classes and/or use of the Facilities;
- declare that you have no medical or physical condition/s which would put you in any physical or medical danger; and
- declare that you have not been warned, advised or instructed by a medical professional to refrain from participating in Victus Soul or similar Classes.
- Victus Soul 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 Victus Soul staff you would be at physical risk by attending the Classes, you will be denied access to the Classes until you supply Victus Soul with a letter from your medical doctor, such letter to be provided at your own expense. The letter will specifically address Victus Soul’s concerns and state the grounds on which Victus Soul’s concerns are unsubstantiated. Should you decline to obtain such a letter, you will not be permitted to participate in the Classes or use the Facilities within the Studios.
- Victus Soul reserves the right to refuse service at its discretion. For safety reasons, you are responsible for adhering to the above provisions and agree to the conditions in the Health Commitment Statement, which you agreed to when registering for an account on our Website. A copy of our Health Commitment Statement is available on our Website or otherwise a hard copy is available at our locations.
- To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class.
- You can purchase Credits via our Website or at our Venue. Multiple Credits can also be purchased as Packages at discounted rates.
- Memberships can be purchased with unlimited or monthly packages of classes access to our Classes.
- Price details for Credits, Packages, Memberships and offers are available on our Website and displayed in house at the Venue. Prices will be determined by Victus Soul and may change at any time.
- Credits purchased as part of Packages have expiry dates, so you are required to read the expiry date shown before buying the Credits.
- Some Credits and Class bookings are or will be transferable to another individual, depending on the type of Credit purchased.
- Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
- 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 unless otherwise stated in the terms of the Voucher.
8. BOOKING A CLASS
- Advanced booking of Classes is available online on our Website. When a Class is booked, one Credit will be deducted from your account.
- All Classes are subject to availability and we cannot guarantee spaces will be available to any Class, even if you have Credits in your account.
- If you provide more than 12 hours notice of cancellation prior to the start time of the Class, your Credit will be refunded. If your booking is cancelled within 12 hours of the start time of the Class, you will lose your credit.
- If the Class you wish to attend is fully booked, you may choose any other Class with remaining spaces.
- When a spot becomes available in the Class, you will be added to the Class before it begins, should you have at least one Credit in your account. You will receive an email confirming your booking.
- If Victus Soul cancels a Class, you will receive your Credit back as a refund.
When changing your mind about any Goods purchased from our Venue, they may be returned to our Venue within 14 days along with your receipt for a full refund. The Goods must be unused and undamaged.
10. USE OF OUR WEBSITE
- Use of our Website includes accessing, browsing or registering to use our Website. Using the Website is confirmation these Conditions are agreed to and will comply with them.
- The Website will be updated and content may change at any time. The content on the Website may be out of date at any time and we are not required to update it. The Website may contain errors or omissions.
- We cannot guarantee that the Website or its content will be available. Temporary access is permitted and we have the right to remove, suspend or change any part of the website without notice.
- You must agree to access the Website solely for your own use. You must not use any photography, videos, illustrations, branding or graphics from the Website without written permission from Victus Soul. 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.
- You may not copy, store, 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.
- If you are aware of any error on this Website please contact us by email at firstname.lastname@example.org and we will endeavour 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. 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.
- You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorised 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.
- You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) making bookings; (iii) reviewing/changing bookings; (iv) checking class schedule information; (v) viewing trainer information (vi) transferring to other websites through links provided on this website; and (vii) making use of other facilities that may be provided on the website.
- The use of automated or manual systems or software to extract data from www.victus-soul.com for commercial purposes, (‘screen scraping’) is prohibited unless the third party has directly concluded a written licence agreement with Victus Soul in which permits it access to Victus Soul’s price, timetable and booking information’
11. YOUR USERNAME AND PASSWORD
- 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.
- 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 at email@example.com as soon as possible.
- Each person is allowed to have one account and you cannot create multiple user accounts in order to benefit from any special offers or deals.
- 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 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 firstname.lastname@example.org.
- 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.
12. INTELLECTUAL PROPERTY
- All Intellectual Property Rights in or arising out of or in connection with the Website and the Services shall be owned by us. 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.
- Any trade marks, logos and trade names displayed on the Website ("Marks") are the property of Victus Soul Limited, 85 Great Portland Street, London, United Kingdom, W1W 7LT, 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.
- 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.
- The Customer acknowledges that, in respect of any third party Intellectual Property Rights in the Services and Website, the Customer's use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to the Customer.
- Neither the Studio nor Victus Soul will accept liability for any damage or loss to a Customer or guest’s personal property brought into the venue. All Classes are taken at the Customer or guest’s own risk.
- Neither the Venue, Victus Soul nor its employees and Representatives shall be liable for personal injury sustained by Customers or their guests whilst at the Studios.
- Customers or guests who suffer an accident or injury at the Studios must report the accident or injury and the circumstances in which it occurred to the Studio team immediately following the accident or injury.
14. OTHER RELEVANT POLICIES
16. ENTIRE AGREEMENT
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.
- If the Conditions or any part of a Condition is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a Condition or part of a Condition under this clause shall not affect the validity and enforceability of the rest of the Conditions.
- If one party gives notice to the other of the possibility that any Conditions or part of a Condition is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such Condition so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original Condition.
19. ASSIGNMENT AND OTHER DEALINGS
- We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Conditions and may subcontract or delegate in any manner any or all of our obligations under the Conditions to any third party.
- The Customer shall not, without our prior written consent, assign, transfer or deal in any other manner with all or any of its rights or obligations under the Conditions.
20. 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.
A waiver of any right under the Conditions or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Conditions or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
22. GOVERNING LAW AND JURISDICTION
- This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).