Terms and Condition

Terms of Service of Project S Fitness Limited

Scope of this Agreement

Please read our Terms of Service ( “Terms”) carefully before using our Site www.project-s.com.hk (“the Site”) operated by Project S Fitness Limited, Hong Kong, (“Project S” “us”, “we”, or “our”), our handheld application (“App”), services provided at our studio, and any other services that Project S provides that refer to these Terms (the Site, App, and other services, collectively, the “Services”).

These Terms of Service constitute an agreement between you and Project S and set forth the legally binding terms and conditions for your use of the Services. These Terms of Service hereby incorporate by reference our Privacy Policy, available at www.project-s.com.hk (the Terms of Service and Privacy Policy, collectively, the “Agreement”).

By, as applicable, accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the App, or contributing content or other materials to the Site or on or via the App, you agree to be bound by the Terms of Service. You are only authorized to use the Services if you agree to abide by all applicable laws in Hong Kong or in your jurisdiction of residence and to the Terms of Service.

Please read the Terms of Service carefully and print or save a copy for future reference. If you do not agree to the Terms, you should leave the Site or App and discontinue use of the Services immediately.

Changes to these Terms

We reserve the right to modify these Terms at any time, at our sole discretion. It is your responsibility to refer to these Terms whenever you access the Project S website. We recommend that you check regularly. Every time you access the Project S website, you agree to be bound by these Terms and the Privacy Policy as varied or amended from time to time.

If you do not agree to any of these Terms or any changes to these Terms, please discontinue any use of or access to the Services immediately.

Accessing the Services and Account Security

To access the Services, you may be asked to provide certain personal details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that your failure to provide complete and accurate information may result in the termination of your access to the Services.

By using this site, you confirm that you are at least the age of majority in Hong Kong or in your jurisdiction of residence.

From time to time, we may restrict access to some or all parts of the Services, including studio classes, the Site, and the App.

In order to access some Services available on the Site and App, you will have to create an account. You may not use another person’s account. You agree that you are solely responsible for the activity that occurs on your account. You agree to keep your account password secure and confidential. You agree to notify us immediately of any breach of security or unauthorized use of your account.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • For any unlawful purposes, or that could violate any applicable local or international law or regulations.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services for any commercial purposes.
  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or mobile app or any other party’s use of the Services.
  • Use any robot, spider or other automated device, process, or means to access the Service for any purposes.
  • Introduce any ransom software, viruses, trojan horses, worms, logic bombs, or other materials which are malicious or technologically harmful.
  • Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes.
  • Otherwise attempt to interfere with the proper working of the Services.
Studio Policies, Rules and Regulations
  • Cancellations: YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOUR ABSENCE WILL BE COUNTED AS A NO-SHOW AND THE CLASS WILL BE DEDUCTED FROM YOUR ACCOUNT. You must also give 12 hours advance notice if you want to switch time slots. You may cancel class through our online system, the App or by calling the studio directly.
  • Reservations: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT.

  • Non-Recording of Classes Agreement: You acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any classes or activities is strictly prohibited without the prior written consent of an authorized director of Project S. Project S instructors are not authorized to provide consent. This includes any temporary recordings/transmissions of a Project S class via online platforms such as WhatsApp, WeChat, TikTok, SnapChat, Zoom, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in Project S classes before and/or after a class with the consent of each participant who is identified in your content.

    Should you be found to have violated this provision for any reasons, you agree to delete all content immediately and/or take all necessary action to delete it.

    Any violation of this non-recording agreement is grounds for exclusion from participation in any Project S activities. You further agree to indemnify, defend, and hold harmless Project S, its directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees), resulting from your violation of this non-recording agreement.

  • Personal Belongings: You agree that we are in no way responsible for the safekeeping of your personal belongings while you are present in the studio. You assume all risks of loss for any of your personal belongings.
  • Miscellaneous: Please handle the equipment with care. You agree that we are not responsible for any harm or damage caused to you, other persons or items that results from the improper use of equipment on your part.
  • You should consult your physician before starting any fitness/exercise program, especially if you are pregnant, are recovering from an injury or illness, or have any known medical conditions. Please notify the instructor of your medical conditions prior to class. We can give recommendations and coach you while you train, but we are not medical experts. We, therefore, cannot take any legal responsibility for your health while you are working out at our studio.
  • Refund Policy: As applicable, classes and packages are non-refundable. No exceptions will be granted. If you can provide a certificate by a medical doctor stating that you are unfit to train, we will extend the expiration date of your credits at our sole discretion.
Mobile Device Services

Some of the Services may be available via your mobile device, including but not limited to (i) the ability to book and/or purchase Project S classes via your mobile device, (ii) the ability to receive and reply to Project S's messages, (iii) the ability to browse Project S’s website or App from your mobile device, and (iv) the ability to access certain Project S features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”). We do not charge for the Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

Termination & Survival

We may terminate your access to the Services at any time, at our sole discretion, without cause or notice. Likewise, you may terminate your account at any time and for any reasons. We may terminate your account at any time, without warning, if you breach the Terms of Service. If we terminate your account or membership because you have breached the Terms of Service, you will not be entitled to a refund of any fees or any unused portions of your class packages.

The following provisions will survive the termination of this Agreement: (1) Termination; Survival; (2) Assignment; (3) Intellectual Property Rights; (4) Governing Law; (5) Indemnity; (6) Limitation of Liability.

Third-Party Sites

Project S’s website contains links to other websites operated by parties who are wholly separate from Project S. Project S cannot be held responsible in any way for the content, operation, or availability of such websites.

Our store is powered by www.mindbodyonline.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Services by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.

Assignment

You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) to a third party without prior written consent from Project S. Any attempted assignment or transfer without complying with the foregoing will be void. When permitted under the applicable law, we may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Fees

You acknowledge that Project S charges fees for its services. Project S reserves the right to change its fees at any time at its sole discretion without notice. All fees are due immediately and need to be paid in full.

Non-Harassment Policy

Project S is a safe space where anybody should feel welcome irrespective of gender, race, age, religious belief, sexual orientation, political opinion, or anything else that makes us unique as diverse human beings. Project S disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its clients. If you believe you have been subjected to unwelcomed, inappropriate, and/or offensive conduct by any Project S personnel or clients, we encourage you to speak up and let the person know that his/her behavior is offensive and/or inappropriate provided that you feel comfortable doing so. We also ask that you promptly notify us in writing at [email protected].

When you file a complaint in writing, we strongly recommend that you provide as much specific information as possible. Please include the following details of the alleged incident in your report - (1) date, (2) time, (3) place, (4) names of any witnesses, (5) what was said or done, and (6) any other relevant information related to the alleged incident.

Project S will strive to promptly investigate any reported incidents and seek to provide due process for all parties. Subsequent actions taken by Project S in response to the complaint will vary depending upon the nature of the allegations and the results of the investigation. Project S strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore confidentiality cannot be guaranteed.

Intellectual Property Rights

The content on the Site and mobile app, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Project S, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Project S are non-confidential and shall become the sole property of Project S.

You agree not to engage in the use, copying, or distribution of any of the Content unless you have been granted express permission by Project S. You agree not to circumvent, disable, or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

Your Feedback

We welcome feedback from our clients, and you may submit comments, suggestions, or ideas, including ways in which we could improve our Services (the “Feedback”). You agree that your Feedback is provided to us on a non-confidential basis, is voluntary, gratuitous, unsolicited and without restriction, and Project S does not have any fiduciary duty or other duty in response to your Feedback. You hereby grant Project S the unlimited, perpetual right to use, copy, modify, publish, redistribute, create derivative works from such Feedback or otherwise disseminate your Feedback for any purpose and in any way without compensation or any obligation to you or any other third parties.

Entire Agreement & No Waiver

The Terms of Service, together with our Privacy Policy (collectively, the “Agreement”), and any other legal notices published on our Site and App, shall constitute the entire agreement between you and us concerning the Services, and supersede all prior terms, agreements, discussions, and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

Service Interruptions

Our Services may be suspended temporarily or permanently without notice to you for security purposes, weather conditions, government regulations, maintenance or repair, system failures, or other similar circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions unless offered by Project S.

Indemnification

You agree to release, indemnify, and defend Project S and any related companies, suppliers, licensors and partners, and the directors, employees, agents and representatives of Project S from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: (1) your use of our Services; (2) your conduct or interactions with other users of our Services; (3) your breach of this Agreement.

Limitations of Liability

By agreeing to this Agreement, enrolling online, and/or attending classes, events, activities, and other programs of Project S, you hereby acknowledge and agree on behalf of yourself, (collectively, “you” and/or “yourself”), that (a) there are certain inherent risks and dangers in the strenuous nature of Project S's workout programs; (b) you have voluntarily chosen to participate in an intense physical exercise program; (c) you understand that Project S strongly recommends that you consult with a licensed physician prior to commencing any classes; (d) you have been fully informed of the strenuous nature of our programs and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death; and (e) you assume all risks for your health and well-being, and fully release and hold harmless Project S, its instructors, members, and employees for any responsibility including, but not limited to, any cost or damages, injuries, harm, or loss you may suffer, including death, as a result of your participation in any Project S activities.

  • We are providing the services, including the site and mobile app, on an “as is” and “as available” basis, without warranty of any kind, express or implied.
  • We make no promises with respect to, and expressly disclaim all liability for: (1) products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the services; or (2) the quality or conduct of any third party you encounter in connection with your use of the services.
  • You agree that to the maximum extent permitted by law, Project S will not be liable to you under any theory of liability. Without limiting the foregoing, you agree that, to the maximum extent permitted by law, Project S will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use, the Services.
  • Your sole remedy for dissatisfaction with the Services is to cease use of the Services.
Severability and Waiver

A failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

Notifications

We may provide notifications to you as required or permitted by law via email to the primary email address associated with your account, mobile notification, hard copy or posting of such notice on our Services. Project S is not responsible for any automatic filtering that you or your network provider may apply to such notifications.

Hong Kong Law

By accessing the Project S website and using our Services, you agree to accept that these Terms of Service are governed by and construed in accordance with the laws of Hong Kong, SAR of China. You also accept the exclusive jurisdiction of the Court in relation to any dispute that may arise in connection with these Terms or your use of the Project S website and its Content.

Contacting Us

If you have any questions about the Terms of Service, please contact us in writing at: [email protected].

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