TERMS & CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.
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 Digme Fitness Limited ("Digme", or collectively referred to in these Conditions as "we", "us" and "our"), also trading as Digme Fitness. Further information about us is set out at Condition 12. 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 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 Us" section of this Website.
- When the following words with capital letters are used in these Conditions, this is what they mean:
- "Class" any exercise class provided by us or on our behalf at the Studios 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 2.4; "Credit" Credits purchased via our Website and used to make bookings for Classes; "Goods" any Goods offered for sale at any of our Studios; "Services" services available to you via this Website, including the Classes; "Studios" any of our studios, as published on our Website from time to time; and "Website" http://www.digmefitness.com.
USERS OF OUR CLASSES
- You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at the Studios.
- You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our 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 Studios 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 Studios or participants in our Classes.
HEALTH COMMITMENT STATEMENT
- Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using our facilities and agree to keep 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 a hard copy is available at all of 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. Multiple Credits can also be purchased as bundles at discounted rates.
- Price details for Credits are available on our Website and shall be such prices as determined by us from time to time.
- Credits purchased as part of bundles of 4 Credits (exclusive of Buddy Credits) or fewer will expire 3 months from purchase. Credits purchased as part of bundles of 5 to 20 Credits will expire 6 months from purchase.
- Credits and Class bookings are not transferable to any other person and you should not allow anyone else to book Classes using your Credits.
- 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/per address.
- In certain circumstances you will be issued with free "Buddy Credits". Buddy Credits can be used to book another person a space in a Class you are also booked into. You may cancel a booking using a Buddy Credit in accordance with Condition 5. However, if you do so the Buddy Credit will always be refunded first. Buddy Credits will expire 1 month from issue.
- We may offer options for Subscriptions which give you unlimited access to Classes. If you sign up to a Subscription, it will automatically renew each month unless you cancel it. You can cancel it at any time before the next payment is due.
- Discount codes will not apply to Subscriptions.
- If you have a Subscription and book a class, but do not show up without cancelling, you will be fined £2.50 per class not attended. You will not be fined if you cancel via the website or by telephoning the studio at least one hour before the start of the class.
PRIMARY STUDIO & PRICING TIERS
- We have different tiers of pricing to reflect the location of a Studio, currently London and non-London.
- When you create an account on the Website, you will be asked to choose your Primary Studio. You can change your Primary Studio at any time, however, if you are changing to a higher tier Studio, your request will need to be approved by the Management.
- You are not permitted to buy Credits or Subscriptions from a Studio with lower tier pricing, then request to switch to a higher tier Studio. This includes Studios running promotions, such as pre-launch offers on Credit packs. For example, it is not permitted to buy Blackfriars Credits at a pre-opening price, then request to switch your Primary Studio to another Studio to use them. We reserve the right to reject requests to switch Studios.
- Credits valid at a lower tier Studio may be used a maximum of three times in any 30 day period at a higher tier Studio. For example, if you buy 10 Credits with your Primary Studio set as Oxford, you can visit a London Studio up to three times in 30 days.
- An Annual Subscription entitles you to unlimited use of any studio for 12 months. It must be paid in full up front.
- Annual Subscription users receive two Buddy Credits per month and 15% off all food, drink and retail in a Studio.
- In the event of illness or injury, the Annual Subscription may be frozen until the user is fit again. A doctor's note must be provided in this instance.
- In the event of redundancy, the Annual Subscription may be frozen until further employment is found. In the event of further employment not being convenient for a Studio, the remainder of the Annual Subscription may be refunded, subject to proof of new employment location.
- In the event of employment relocation, the remainder of the Annual Subscription may be refunded, subject to proof of new employment location.
- An Annual Subscription may not be transferred to another person.
- We may offer corporate Discount Codes at our discretion.
- Discount Codes cannot be used on Subscriptions or on special offer Credits Packs.
BOOKING A CLASS
- You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit 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, even if you have sufficient Credits in your account.
- You may cancel a booking up to 12 hours before the Class and receive a refund of your Credit. If you cancel less than 12 hours in advance, credit refunds are made only in exceptional circumstances and on an ad-hoc basis. This is to encourage our customers to stick to their bookings.
- If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked class. When you join the waitlist, one Credit will be deducted from your account.
- If you join the waitlist and a space becomes available, you will be automatically added to the Class at least 2 hours before. You will be notified by e-mail and text message if you are automatically added to a Class.
- Waitlist entries will automatically be allocated when a space becomes available, up until 2 hours before the class start time - please ensure that you remove yourself from the waitlist if you don't think you'll be able to make it to a class on time. You can cancel your waitlist at any time up until they are allocated for a full refund. If a space becomes free within 2 hours of the start time, all remaining participants on the waitlist will be sent an email asking if they would like to accept the booking. Email confirmation of the acceptance will be sufficient and acceptance is on a first-come-first-served basis.
- If you join the waitlist and a place on the fully booked Class does not become available, you will be notified by e-mail. The Credit debited from your account to join the waitlist will be refunded.
- If we cancel a class, your Credit will be refunded.
- From time to time we may gather photography and video footage from you class for marketing and social media purposes.
- We will make you aware this is happening, but if for any reason you do not wish to be in shot, you should let the photographer or instructor know and we will make sure you do not feature.
- If you change your mind about any Apparel purchased from us, you may return it to any of our Studios within 7 days with your receipt and we will give you a full refund provided that the Apparel is unused and undamaged. This does not affect your statutory rights as a consumer.
- For the avoidance of doubt, we do not offer refunds on purchases of any other kind of Goods or Services sold.
USE OF OUR WEBSITE
- Use of our site includes accessing, browsing or registering to use our Website. By using the Website you are confirming that you accept these Conditions and that you agree to comply with them.
- We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. 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 licence 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 option, 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 email@example.com 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. 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 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 unauthorized 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.
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 firstname.lastname@example.org 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 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 email@example.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.
CREATION OF A Spivi® ACCOUNT
- When users sign up on the Digme website, an account will be created in their name in the Spivi database. Spivi are our technology partner for class management and performance software. Users of this website acknowledge this. For Spivi’s terms and conditions, please see here.
- If users choose to connect their Digme and Strava accounts, information about Digme user workouts will be transferred from their Digme account to their Strava account. Standard images may also be used when displaying Digme workouts within Strava accounts. Strava are a technology partner of Digme. Users of this website acknowledge this and agree to abide by both Digme and Strava terms and conditions. For Strava’s terms and conditions, please see here.
- We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. 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.
- The trade marks, logos and trade names displayed on the Website ("Marks") are the property of Digme 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. (See also the section below on Trade 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.
- Subject to Condition 10.2, we will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under these Conditions or to a reasonable standard or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to: your own fault; a third party unconnected with our obligations under these Conditions; or events which we could not have foreseen or forestalled, even if we had taken all reasonable care.
- Our liability to compensate you (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
OTHER RELEVANT POLICIES
INFORMATION ABOUT US
- Digme Fitness Limited is a company registered in England and Wales under company number 09631514 whose registered office is at 23 Sheen Road, Richmond, Surrey, England, TW9 1BN. Its VAT number is 220091756.
- 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 any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that 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.
- No waiver of any of these Conditions shall be valid unless provided in writing by us.
GOVERNING LAW AND JURISDICTION
- Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
- We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.