Terms and Conditions

This Agreement is binding between you and Area63.Fitness. Area63.Fitness is an online fitness platform that aggregates fitness trainers, studios and business and promotes these to its market (the “Service”).

It is understood that upon submission of the registration form, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. Area63.Fitness may at any time modify this Agreement, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.

1. USE OF THE SERVICE

  • The activities conducted through Area63.Fitness is physical in nature and may pose risks for injury and illness both physical and mental. It is important that you are aware of such risks and will accordingly take the necessary personal precautions as you also abide by the instructions given by the instructor. 
  • By participating in an Area63.Fitness activity, you fully take responsibility in the assessment of your state of health and fitness as well as in the assessment of the risks involved in conducting such activities. 
  • Area63.Fitness will, to the best of its abilities, implement the necessary preventive measures to protect its users from sensitive, offensive, or malicious content as well as protect users from technical issues. However it does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an “as is, as available” basis.
  • Area63.Fitness’s websites and services may include links to other websites, which may use cookies, pixels and/or other data collection tools. Area63.Fitness encourages everyone to read the posted privacy policies whenever interacting with any website to learn more about the privacy practices of that website. However, Area63.Fitness is not responsible for the privacy practices, policies or the content of such websites and Area63.Fitness does not control the use of any information by third party websites; neither is it responsible for the cookies, pixels and/or other data collection tools that may be placed on an advertisement by a third party.
  • In no event shall Area63.Fitness be liable for any and all damages including but not limited to, direct, indirect, incidental, or consequential damages arising out of the use of or inability to use the Service or any information, or transactions provided on the Service or downloaded or hyper-linked from or to the Service even if Area63.Fitness or its representatives have been advised of the possibility of such malfunction/breakdown of the Service.

2. INDEMNIFICATION

  • You agree to indemnify, defend, and hold harmless Area63.Fitness, its officers, directors, employees, agents, licensors, suppliers, and third party providers from and against all losses, expenses, damages, and costs, including reasonable attorneys` fees, resulting from any violation of this Agreement by you.
  • Furthermore, you hold Area63.Fitness free and harmless from suit or action arising from improper use of data, unauthorized intrusion into the site, and unlawful exposure of data.

3. THIRD PARTY RIGHTS

  • The provisions of paragraphs 1 (Use of the Service), and 2 (Indemnification) are for the benefit of Area63.Fitness and its officers, directors, employees, agents, licensors, suppliers, and third party providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

4. ACCURACY

  • You understand that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any opinion, advice, services, or other information provided through the Service or on the Internet generally. The information on this website may be changed or updated without notice. Area63.Fitness may also make improvements and/or changes in the products, services, and/or programs described on this website at any time without notice.
  • Information provided on this website is believed to be reliable when posted. However, Area63.Fitness cannot guarantee that information will be accurate, complete, and current at all times. All information in this Web Site is subject to modification from time to time without notice. Every time you access this Web Site, make sure that you check this page.
  • Area63.Fitness has used its discretion, best judgment, and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.), or other items provided or available herein, but any such information, document, or other item is provided or available without any warranty of any kind, either express or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

5. DISCLAIMER

  • The information, services, products, and materials contained in this website, including, without limitation, text, graphics, and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Area63.Fitness disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Area63.Fitness does not represent or warrant that the information accessible via this website is accurate, complete or current.

6. PARTICIPANT CONDUCT

  • As a condition of your use of the Service, you warrant to Area63.Fitness that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Service is provided to individuals only and for personal use only.
  • Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.
  • You agree to abide by all applicable laws and regulations in the use of the Service and are solely responsible for all acts or omissions that occur as you access the Service, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
    1. use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
    2. advertise or offer to sell or buy any goods or services for any non-personal purpose;
    3. harvest or otherwise collect information about others, including email addresses, without their consent;
    4. create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
    5. use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under this Agreement;
    6. interfere with or disrupt networks connected to the Service or violate the regulations, policies, or procedures of such networks;
    7. attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, through password mining or any other means;
    8. violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software through the Service;

7. OPT-OUT

To opt-out of SMS and/or email notifications, send an email to mench@Area63Fitness.com along with the mobile number and/or email address you used to register to Area63.Fitness.

If you have any questions, please contact mench@Area63Fitness.com.

PRIVACY POLICY

This Privacy Policy outlines what we do in relation to the collection, use and protection of your data to provide you with services related to your participation in Area63.Fitness stated in the Terms and Conditions (the “Service”). From time to time, we may update our Privacy Policy to reflect changes in our policy and the law. When we do, we will notify you by posting it on our website for your information and reference.

As an Area63.Fitness participant, you signify that you have read, understood, and explicitly consented to the collection and use of your Participant Data, including your personal information, in accordance with this Privacy Policy.

We collect, process, use, and share your Participant Data in accordance with the Data Privacy Act of 2012, this Privacy Policy, and the Terms and Conditions of Area63.Fitness.

In order to effectively provide the Service, we may collect the following data from you:

  1. Contact details (e.g. mobile number, email)
  2. Demographic details (e.g. name, gender, age)
  3. Interests and behavior through surveys, questionnaires, quizzes, and the like
  4. Web browser token/identifiers (collected when allowing push notifications)
  5. Browsing behavior on affiliate and partner sites (via cookies) collectively, “Participant Data”.

Specifically, Participant Data is used to:

  1. Reach you through several channels, such as SMS, email, web push, OTT/chat (e.g. Facebook Messenger, Viber, WhatsApp, Telegram)
  2. Improve relevance of content we send to you based on your interests, demographics, and online behavior
  3. Attribute points/rewards/referrals to the correct participant
  4. Share with all subsidiaries, affiliates, and third party partners of Area63.Fitness in order to deliver and improve the Service

We value the information you provide to us and we take paramount care in protecting your Participant Data. We secure and protect your Participant Data with proper safeguards to ensure that it is kept confidential and private. We make reasonable and appropriate security arrangements to comply with legal requirements and to prevent its loss, theft, or use for unauthorized purposes.

If at any time you object or withdraw your consent to the collection and processing of your Participant Data, please send your request to mench@Area63.Fitness.com. 

As part of our privacy policy, you also acknowledge that as you perform group activities, you may intentionally or unintentionally expose yourself to third parties. Should you not wish to be part of any image or video that may be taken during the session, it is advised that you inform the instructor about this. You are also responsible for making sure that your video and audio transmitting tools are not activated to avoid this occurrence altogether. 

If you have questions about our Privacy Policy, or how Area63.Fitness uses/processes your information, you may contact us using the same email address provided above.