Terms and Conditions
In this Agreement:
|When we say||We mean:|
|Activity||Any training or other activity undertaken by you during a Session including any yoga classes, fitness classes, nutrition services, or other training activity agreed between you and PURE.|
|Agreement||This agreement (including the PURE online application and personal data form) between you and PURECAST Limited for the provision of online Sessions by PURE. Any person that actually participates in a Session shall be deemed to be a party to this Agreement.|
|Assigned Trainer||The Representative assigned by us to supervise your Sessions.|
|Cardholder||A person who has entered into a separate cardholder agreement with PURE and has been issued with a physical PURE Card or who holds a virtual PURE Card.|
|Existing Condition||A physical, mental, fitness, health, illness or medical condition/disability/injury (including asthma, diabetes, epilepsy, heart conditions, pregnancy, the taking of medication, skin condition, or existing injury) that you possess and that could be aggravated or increase your Risk of Injury by participating in the Sessions or any Activity.|
|Expiry Date||The last day of the validity period for the Service Package that you have agreed to with PURE.|
|Equipment||Any equipment used during the Session. |
|Group||A group that registers for and participates in the Session under this Agreement.|
|Loss||Liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional or investigation costs and expenses).|
|Physical Activity||Any physical exercise or other physical activity whole participating in a Session including warm-up, strength training, running, agility drills, aerobic exercise, jumping, cardiovascular activities and flexibility training.|
|Protected Persons||Our directors, officers, Representatives, volunteers, sponsors, service providers and independent contractors.|
|PURE||PURECAST Limited, Pure International (HK) Limited, and any other company in the PURE Group that provides you with services and/or products relating to this Agreement.|
|PURE Card||The physical PURE Card or virtual PURE Card issued by PURE (if applicable).|
|Related Agreements||Any agreements that you enter into with PURE.|
|Representatives||Our employees and agents (including PURE Trainers and your Assigned Trainer but excluding other providers of services or products even if these are provided/supplied as part of the Service Package under this Agreement).|
|Risk of Injury||The risk of any type of injury (including minor injuries such as cuts, scrapes, muscle strains and torn ligaments and more serious injuries such as snapped ligaments, dislocated joints, broken bones, heart attack and concussion) disability (including permanent disability such as paralysis) and death.|
|Rules||The rules, regulations, guidelines and etiquette for taking part in all types of training services provided by PURE (including the Sessions).|
|Session(s)||Your online training fitness classes, yoga classes, nutrition services, and other types of agreed training activities that is provided to you by PURE, with training sessions delivered live through an online platform by an Assigned Trainer or other assigned Representative. |
|Subscriber||A person who is a party to this Agreement (including a Cardholder or a non-Cardholder) |
|Service Package||The online Sessions and all other related services provided by PURE under the terms of this Agreement. |
|Trainer||Representatives who are experienced trainers and are assigned to supervise Sessions (including your Assigned Trainer).|
|Website||Our websites currently at www.pure-yoga.com www.pure-fitness.com and www.purecast360.com |
|We, our and us||PURE|
|You or you||You as a party to this Agreement and participant in the Sessions.|
1. Use of the Service Package
1.1 The Service Package is valid only for first-time PURECAST users who are not PURE Cardholders and 18 years of age or older.
1.2 Service Package must be booked through the schedule on PURE 360 App.
1.3 Each Service Package is valid for a period of 7 days and will expire at midnight on the Expiry Date.
1.4 The Service Package is non-refundable and non-transferable. You cannot credit these or offset them against any other amounts you are required to pay us (whether under your Cardholder Agreement and/or any Related Agreement or whether in connection with your use of our Facilities and/or Equipment, your participation in an Activity or otherwise).
1.5 No refunds will be given in respect of any unused or forfeited Service Package or Sessions.
1.6 The Service Package cannot be used in conjunction with any other promotion or discount.
2. Your Assigned Trainer
2.1 You acknowledge and agree that:
(i) The Sessions and Activities shall be prepared, supervised and delivered to you by an Assigned Trainer in accordance with the terms and set out under this Agreement. Preparation for the Sessions may include your Assigned Trainer communicating with you and delivering training materials to you outside of the Sessions.
(ii) If your Assigned Trainer is unavailable, or if for any reason it is not possible for the Session to be held when scheduled, we reserve the right, in our absolute discretion, to reschedule or cancel that Session or provide an alternative Trainer to conduct that Session; and
(iii) If your Assigned Trainer leaves PURE or is for any reason is no longer able to conduct your Sessions, an alternative Trainer will be assigned to you but you will not be entitled to any refund for any Sessions you do not use.
(iv) You are purchasing the Sessions from PURE and not from your Trainer or any particular Trainer or Representative. Our Trainers and Representatives deliver the Sessions to you on behalf of PURE and it is strictly prohibited to solicit, or attempt to solicit, a Trainer or other Representative in order to provide services similar to the Sessions directly to you or to another party or employer during the period that they are employed by PURE.
3. Scheduling, Booking and Participation of Sessions
3.1 Sessions are scheduled subject to the availability of PURE Trainers.
3.2 PURE reserves the right to change an assigned Trainer or the type of Session scheduled without prior notice.
3.3 Sessions may be booked up to 2 days in advance with booking open from 9:00 AM Hong Kong / Singapore time. Cancellations are accepted up to 30 minutes before a Session’s scheduled commencement. Session booking close 30 minutes before a Session’s scheduled commencement. Cancellations made less than 30 minutes before a Session’s scheduled commencement are not accepted and no refund or credit will be given.
3.4 All Sessions have a maximum capacity that will be notified to you by PURE.
3.5 All Sessions are 20 to 75 minutes in duration.
3.6 You are responsible for providing your own viewing device, stable internet connection, and any application required to access the online Sessions.
3.7 You are responsible for providing your own safe and appropriate space and surface for the online Sessions.
4. Your Physical Condition and Safety
4.1 Before you start your Sessions with us, we encourage you to fill out the online health and fitness profile. This assessment is to provide us with a basic knowledge of your capabilities and fitness levels for the benefit of the Sessions and the assessment should not be taken as professional medical advice.
4.2 You understand, agree and undertake that:
(i) participating in the agreed Sessions imposes various types/levels of physical and mental demands and Risk of Injury and you must disclose to us any Existing Condition that you are aware of.;
(ii) PURE representatives are not trained and qualified medical professionals and you shall not rely on any physical assessment by PURE as professional medical advice, or to use such assessment by PURE as the basis of any injury or health claim against PURE arising from the Sessions;
(iii) it is your ultimate responsibility to assess, and satisfy yourself, that you possess the fitness, skill and health levels adequate to safely undertake the Activities in your agreed Sessions (including seeking professional medical assessment and advice yourself) and to use any Equipment;
(iv) you shall not participate in the Sessions or perform any Activity if, in so far as you are aware, you possess an Existing Condition that could be aggravated or that could increase your Risk of Injury by your participation in the Sessions or any Activity;
(v) if you have an Existing Condition which prevents you from engaging in any Activity, your training may be limited accordingly.
4.3 You agree that our Representatives may refuse or discontinue your participation in the Sessions or Activity if they consider that an Existing Condition may be detrimental to your health or safety.
5. Effectiveness and/or Results of Training
5.1 You acknowledge and agree that:
(i) the effectiveness and/or results of the training provided in the Sessions cannot be guaranteed;
(ii) individual results of training provided in the Sessions may vary depending on your own efforts and cooperation in and outside of the Sessions; and
(iii) no representations, assurances or guarantees of any kind have been made or will be made to you by PURE, your Assigned Trainer or any Representative concerning any specific results and/or outcomes of your Sessions.
6. Nutritional, Dietary or Pharmaceutical Products, Advice and/or Recommendations
6.1 You acknowledge and agree that, except for Trainers providing Nutrition training and/or consulting, our Trainers are not qualified to advise you on the suitability of any nutritional, dietary and/or pharmaceutical product (whether sold by PURE or not) and you alone are responsible for the selection of any product you choose to use or ingest;
7. Assumption of Risk
7.1 You acknowledge and agree that you, being fully aware of the Risk of Injury, you still intend to participate in the Sessions on an entirely voluntary basis and agree to assume full responsibility for all Risk of Injury arising out of or in connection with the Sessions.
8. Waiver and Release of Liability
8.1 You waive and release all claims against us and all claims against each Protected Person, whether in contract, tort (including negligence) or otherwise, for any and all Loss you might incur arising out of or in connection with you participating in the Sessions;
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes our liability for death or personal injury caused by our negligence or the negligence of our employees or agents or for fraud or fraudulent misrepresentation.
8.3 We will not be liable to you for any indirect or consequential loss including loss of profit, loss of business, business interruption or loss of business opportunity.
9.1 You agree to indemnify us and each Protected Person and hold us and each Protected Person harmless against all Loss we or they may suffer or incur, whether in contract, tort, negligence or otherwise, arising out of or in connection with any breach by you of this Agreement or your participation in the Sessions.
10. Recording of Sessions & Data Collection
10.1 You agree your Sessions can be recorded and stored by us in order to: (i) assess and improve your training or practice; (ii) evaluate and improve the Sessions; and (ii) for security reasons.
10.2 All online Sessions provided by PURE are strictly intended for your individual use only and you must not record the Sessions for public or commercial use. You must obtain PURE’s prior consent if you wish to broadcast the recordings in a public forum or intend to use the recordings for a commercial purpose, and we may charge you a fee in respect of such use.
10.3 We will collect and store the personal data you provide for the Sessions including the information in your application registration form, attendance and payments records, fitness and health records, and other relevant information provided by you during or outside of the Sessions. This information is used for the purpose of managing your registration and payments, managing the provision of the Sessions and Activities, our internal evaluation of the Sessions.
10.4 The persona data we collect from you shall be kept confidential and will only be shared by third parties involved in the provision of the Sessions (such as contractors who provide administrative, technology, payment and/or other support services). Our recording of Sessions and collection of data from you will comply with applicable data protection laws and regulations.
10.5 Providing personal data is optional but failure to provide the personal data requested we request may mean we are unable to process your application or fully personalize your training Activities. You may seek access to and request correction of any personal data we hold about you by contacting our Privacy Officer at email@example.com
11. Intellectual Property Rights
11.1 All intellectual property used for the provision of the online Sessions belongs to PURE (including copyright, choreography, trademarks, logos, concept, and branding rights). This includes the intellectual property contained in training materials provided to you outside of the Session times such as videos or other training materials. You agree that any intellectual property that is newly created during the online Sessions shall fully belong to PURE.
12. General Terms
12.1 If you are not yet 18 years old but over 14 years of age, your parent or guardian must co-sign this Agreement agreeing to be responsible for you until you turn 18.
12.2 This Agreement is governed by the laws of Hong Kong.
12.3 This Agreement is personal to you. You may not transfer your rights and/or obligations under this Agreement to anyone else.
12.4 You agree that we may terminate this Agreement and your participation in the Sessions if you breach any Rules or if you engage in any behavior that prevents us from properly delivering the Sessions.
12.5 This Agreement replaces and extinguishes all previous agreements between you and PURE, whether written or oral, relating to the Sessions. Where you have an existing Cardholder Agreement and/or other agreements with PURE these agreements shall still operate and in the event of any inconsistency relating to the Sessions this Agreement shall prevail).
12.6 By signing this Agreement, you confirm that you have read, understood and agreed to all of its terms.