Please read these terms and conditions (“Terms”) very carefully, as they contain important information
regarding your
legal rights, remedies, and obligations applicable to you at our premises,
or when visiting or using our website or app (“Sway Studio”).
By accessing or using Sway Studio, whether as a visitor (simply browsing
the website or using the mobile application) or as a member (upon creating
an account with us and/or using Sway Studio services), you agree to be
bound by these Terms, which are available at Terms and Conditions. Your
access and use of Sway Studio (regardless of whether you create an account
with us or not), constitutes your understanding, agreement, approval, and
acknowledgement to these Terms. If you disagree with any part of these
Terms, then you should leave Sway Studio immediately and you are not
permitted to use any of our services unless at your own risk and account.
If you wish to become a member, you must read these Terms and indicate
your acceptance in the registration process.
By accessing or using Sway Studio, you also agree to our Privacy Policy
and Waiver Statement which are available under our website and mobile
application. We reserve the right to update or modify these Terms or the
Privacy Policy or the Waiver Statement at any time and you should
frequently check and review these Terms and the Privacy Policy and the
Waiver Statement for any updates or changes. Modifications will be
effective on the day they are posted. By using Sway Studio after we make
any changes to these Terms, you confirm your acceptance to those changes,
whether or not you have reviewed them. Nothing in these Terms shall be
deemed to confer any third party rights or benefits.
Member Accounts: In order to access some features of the website
and mobile application, and in order to use Sway Studio, you are required
to register as a member by creating an account with us. You may never use
another person’s account without written permission. When creating your
account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you
must keep your account password secure. Acceptance of an application for
membership/subscription/enrolment is at our absolute discretion and under
your absolute responsibility (although we will exercise our discretion
reasonably and in compliance with applicable laws).
Eligibility: The website and mobile application are intended solely
for anyone who is 18 years of age or older, for anyone less than the age
of 18, usage, subscription, enrollment and membership shall be through a
legal guardian.
Password: When you create an account with us, you will be asked to
choose a password. You are responsible for keeping the password secure and
for maintaining the confidentiality of any and all actions that take place
while using your account. You agree to notify us immediately of any breach
of security or unauthorized use of your account. We are not responsible
for any loss that results from the unauthorized use of your username and
password, with or without your knowledge.
Term, Account Termination and Suspension: These Terms shall remain
in full force and effect while you use Sway Studio and shall for an
integral part of the Privacy Policy and Waiver Statement. We reserve the
right to terminate your access to Sway Studio at any time if we determine
that you are or have been in repeat violation of these Terms, the Privacy
Policy and Waiver Statement, or we determine that you have created risk or
possible legal exposure to Sway Studio or any of its users, or due to any
unexpected technical issues or problems. We will endeavor to notify you by
email or at the next time you attempt to access your account after any
such deactivation, termination, or suspension.
Payments: We accept payments online, on mobile or at our premises
using credit and debit cards in AED (or any other agreed currency). When
you purchase packages you will be prompted to pay through our third party
payment provider. If you make a payment for our products or services on
the website or mobile application, the details you are asked to submit
will be provided directly to our third party payment provider via a
secured connection. The cardholder must retain a copy of transaction
records.
Cancellations and No-shows: Classes must be cancelled 12 hours in
advance in order to avoid charges. Classes not cancelled prior to that
time, including no-shows, will be charged in full. This also applies to
changing to another time slot. Cancellations can be made through the
website, through the mobile application or by calling Sway Studio
directly.
Waitlist: If you are late to a class that you have reserved, you
may lose your spot to a waitlisted member. Open spots will be given away
to members on the waitlist at the scheduled start time of a class. If the
class you wish to attend is sold out, please put yourself on the waitlist.
If there are cancellations, you will automatically be added to the class
and informed by email. If you do not receive an email to confirm that you
have been added to the class, you may still show up to the studio, and
will get a place if there are no-shows, however we cannot guarantee a
spot. If a class that you are waitlisted for does not clear, your class
credit will be returned to your account to be used at another time.
Refunds: Packages purchased are non-refundable. If you choose not
to continue your series, you are not eligible for a refund.
Lockers and Personal Belongings: Lockers are available to our
members subject to availability. We take no responsibility for the
safekeeping of your personal belongings placed in the lockers or elsewhere
in our premises and they should be placed under your own responsibility.
Lockers are available for use only whilst you are using the facilities and
must be cleared by you after each visit.
To the fullest extent permitted by law in the applicable jurisdiction,
under no circumstances (including, without limitation, negligence) shall
Sway Studio, its shareholders, managers, officers, directors, employees,
instructors, independent contractors or agents, be liable to you or to any
third party for any direct, indirect, incidental, special, punitive, or
consequential damages of any kind whatsoever arising from any (i) use of
the website or mobile application, (ii) errors, mistakes, or content
inaccuracies, (iii) personal injury or property damage, of any nature
whatsoever, relating to the use of the website or mobile application, (iv)
unauthorized access to our secured servers and personal information stored
therein, (v) interruption or cessation of transmission to or from the
website or the mobile application, (vi) bugs or viruses which may be
transmitted to or through the website or the mobile application by any
third party, (vii) defamatory, offensive or illegal conduct of any third
party, and/or (viii) third party content or third party products and
services.
These limitations apply to all claims, whether based on warranty,
contract, tort, or any other legal theory, and whether or not Sway Studio
has been informed of the possibility of such damages. The total liability
of Sway Studio will be limited to the fullest extent permitted by
applicable law.
You agree to defend, indemnify and hold us harmless, and our officers,
directors, employees, instructors, independent contractors or agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to legal fees)
arising from any breach by you of any of these Terms, your use of and
access to the website or the mobile application, and/or a violation by you
of applicable law or any agreement or terms with a third party to which
you are subject.
Content on Sway Studio, including without limitation, video, audio, photographs, images, designs, illustrations, animations, logos, text, comments, data, information, executable files, workouts and workout data, interactive features, copyrights, trademarks, patents, applications and any intellectual property, is solely owned by or exclusively licensed to Sway Studio.
Sway Studio include certain services that are available via your mobile
phone, including but not limited to (i) the ability to book a class and/or
purchase packages, (ii) the ability to receive and reply to messages, and
(iii) the ability to access the mobile application that is downloaded and
installed on your mobile phone. We do not charge for these mobile
services, however, your carrier's standard messaging, data and other rates
and fees will still apply. You should check with your carrier to find out
what plans are available and how much they cost.
While we strive to make our applications available on many platforms, we
cannot guarantee that our applications will work with all carriers or
devices. By downloading or using our applications, you expressly agree
that we may communicate with you by SMS, MMS, text message, email or other
electronic means directed to your mobile device and that certain
information about your usage of the applications may be communicated to
us.
These Terms, together with our Privacy Policy, and any other legal notices published by Sway Studio on the website or mobile application, shall constitute the entire agreement between you and Sway Studio. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect in addition to the applicability of the Waiver Statement and the Privacy Policy. No waiver of any term of these Terms, the Waiver Statement and the Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Sway Studio’s failure to assert any right or provision under these Terms, the Waiver Statement and the Privacy Policy shall not constitute a waiver of such right or provision.
If you have any questions regarding the Privacy Policy, or any of Sway Studio’s related services, please contact us at:
Sway Ladies Fitness Center LLC
P.O. Box 2126 Abu Dhabi - UAE
+971 2 622 2576
info@swaystudio-ae.com