TERMS AND CONDITIONS
The terms and conditions specified hereafter apply to all clients and customers of Beat Limited (Business Name: The Beat).
The Beat is the business name of Beat Limited which is a company registered in Hong Kong with address: Block A, 2/F, Suite 203 & 205, DB Plaza, Lantau Island, Discovery Bay.
1.1 These terms and conditions shall govern your use of our website www.thebeat.com.hk (“the Website’).
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website in order to purchase any Products or Services; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 If you are under 16 you must obtain your parent’s or guardian’s permission before using the Website and must not reveal any personal information about yourself or anyone else (e.g. your telephone number, home address, email address) to us or to any other users of the Website.
2. License to use website
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
2.2 Except as expressly permitted by Section 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
2.6 Notwithstanding Section 2.5, you may redistribute our newsletter in print and electronic form to any person.
2.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Acceptable use
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
3.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
3.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4. Registration and accounts
Before you make any purchases, book a class, private lesson or enroll in any courses on our website, you must first create a customer account (hereinafter referred to as ‘Account’).
4.1 To be eligible for an account on our website under this Section 4, you must be resident or situated in Hong Kong.
4.2 You may register for an account with our website by completing and submitting the account registration form on our website.
4.3 You must not allow any other person to use your account to access the website.
4.4. You shall be responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account.
4.5 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
4.6. Prior to the purchase of any Products or Services on our Website, you must provide us with a valid credit card number and associated payment information including all of the following:
your name as it appears on the card,
your credit card number,
the credit card type,
the date of expiration,
any activation numbers or codes needed to charge your card and your billing address to which the card is associated. By submitting the aforesaid information to us or a third party used by us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
4.8. Whilst we shall take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall we be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we are given actual or constructive notice that damages were possible.
4.9. You must not use any other person's account to access the website unless you have that person's express permission to do so.
5. User login details
5.1 If you register for an account with our website you will be asked to choose a user ID and password.
5.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8; you must not use your account or user ID for or in connection with the impersonation of any person.
5.3 You must keep your password confidential.
5.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
5.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
5.6. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card.
6. Cancellation and suspension of account
6.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
6.2 You may cancel your account on our website using your account control panel on the website.
7. Your content: license
7.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
7.3 You grant to us the right to sub-license the rights licensed under Section 7.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your content: rules
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Use of our products and services and studio rules
11.1. During our classes, clients need to wear any comfortable clothing suitable for the relevant exercise/class. All clients must at all times change into comfortable indoor clean shoes before their class. Ladies need to use heel protectors for high-heeled shoes for dance classes. No shoes to be worn for yoga classes.
At the Beat, we use a high quality sprung floor. Clients must not use water or other liquids on the surface of the floor.
11.2. Be advised to arrive and check-in at least 10min prior to the class or your spot may be given to students on stand-by. Late-comers may not be admitted to a class. Clients on stand-by list will be allocated spots 5 minutes before the class.
11.3. Once the class has commenced parents, relatives and others are not allowed in the class except for the person taking the class/lesson. The classes/lessons are conducted at closed doors.
11.3. You should stop exercising and consult your doctor if you feel unwell or if you experience discomfort. Clients are responsible for monitoring their condition during exercise/class/lesson and should exercise within their own limits and seeking attention and advice as appropriate.
11.4. The information available regarding our services supplied by us does not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that our products and services are suitable for you.
11.5. Always seek the advice of your doctor or other qualified health professionals before taking up any of our classes. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this website or in any of the material.
11.6. Clients must acknowledge the potential risks connected with participating in any form of exercise that may involve strenuous physical activity. You affirm to be in good physical condition and do not suffer from any known disability or condition which would prevent or limit your participation in our classes. You agree to release Beat Ltd and its teachers and instructors from any liability for conditions you may obtain. These conditions may include, but are not limited to, heart attacks, strokes, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, injuries to knees or other joints of the body, injuries to back, injuries to a foot, heat prostration, or any other illness or soreness that you may incur, including death.
11.7. Clients must at all times follow instructions from the teachers/instructors in regards to participating in our classes. Failing to comply with any of these rules may lead the client to be removed from the class.
11.8. Clients may be put on waiting list if the particular class they are interested in has reached its maximum capacity.
11.9. Instructors and classes are subject to change;
12. PAYMENT, REFUNDS AND CANCELLATION POLICY
12.1. All sales of services and products are non-refundable unless otherwise stated in these terms and conditions.
12.2. For all purchases made with a credit card, you agree that they will be deemed accepted by you for all purposes and refunds will be made in cash.
12.3. When purchasing packages for our services you agree they are not transferable and must be solely used by you unless otherwise specified. We reserve the right to transfer or assign such packages to our own discretion under special circumstances. Your payments are non-refundable.
12.4. Any booked classes must be canceled at least 24 hours prior to the scheduled class. Private lessons and personal training must be cancelled at least 24 hours prior to the start time. Late cancellations or no-shows for booked classes and private lessons will be charged as if the client has attended.
12.6. When you are purchasing a package for our classes you are paying for a class and not an instructor. Instructors are subject to change without notice.
12.7. All purchased packages for multiple classes/lessons will expire according to the advertised period at the time of purchase and packages are non-refundable, cannot be exchanged for other services and products, and cannot be frozen or extended. Specific situations will be considered on a case by case basis such as serious injuries or pregnancy).;
12.8. We reserve the right to cancel any orders made for our services or products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors;
12.9. We reserve the right, at any time, to change the prices and billing methods for any services and products which shall be made effective immediately upon posting on the Website. The information displayed on the Website or at our studio as to pricing and availability is subject to change without notice.
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions.
14. Law and jurisdiction
14 These terms and conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
14 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.
15. Our details
15.1. This website is owned and operated by BEAT LIMITED, doing business as THE BEAT DANCE AND FITNESS STUDIO.
15.2. We are registered in Hong Kong under registration number 59513246-000-03-16-0, and our registered office is at Block A, 2/F, Suite 203 & 205, DB Plaza, Discovery Bay, Lantau Island, Hong Kong.
15.3. Our principal place of business is at Block A, 2/F, Room 203 & 205, DB Plaza, Discovery Bay, Lantau Island, Hong Kong.
15.4. You can contact us:
(a) by post, using the postal address;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.