OUT OF THE CLOUDS Sàrl
Terms and Conditions
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These terms and conditions (including the Privacy Policy and the Cookie Notice together with any other documents referred to in these terms as the “Customer Terms”) set out the terms and conditions on which you may make use of the App/Website (together: the App) (Conditions of Use) and buy our services (Conditions of Sale).
By continuing to use the App and purchasing our services, you accept these terms.
These Customer Terms as well as the information and materials contained in the App are subject to change at any time and from time to time, without notice. We may add features to or remove features from the App at any time and from time to time in our sole discretion. Continued access to the App following any modification in these Customer Terms will constitute your acceptance of the Customer Terms as modified. If you do not agree to be bound by these Customer Terms, please do not use our services
- Payment terms
1.1. Classes can be paid in advance through the Paypal platform or on the spot, before the start of the class by the Customer.
1.2. Classes are sold per unit or in packages of 6x classes. Purchased classes are non-refundable and the corresponding credit must be used by the Client over a period of:
- 6 months maximum, starting from the date of the first visit for the 6 classes package.
- a maximum of 6 months from the date of the first visit for unit classes.
1.3. Each Customer’s credit is personal and non-transferable.
- Booking a class
2.1. In order to ensure the quality of OUT OF THE CLOUDS’ group classes, OUT OF THE CLOUDS reserves its right to set limitations as to participation to group classes. OUT OF THE CLOUDS further reserves its right to modify such limitations from time to time.
2.2. The Member hereby agrees to book any and all group classes they wish to attend in advance via the Calendly online scheduling tool.
2.3. When the Member books a class, one credit shall be deducted from their User Account according to their purchased pack or contract.
2.4. OUT OF THE CLOUDS undertakes to make every effort to ensure that there are suitable numbers of group classes available. However, OUT OF THE CLOUDS does not guarantee that space will be available in any given group class, even if the Member has sufficient credit in its User Account.
2.5. If the group class the Member wishes to attend is fully booked, the Member may choose any alternative class which is not fully booked yet.
- Class Cancellation
3.1. The Member has the right to cancel their registration to a group class up to one hour before the start of such group class, failing which the session shall be deducted from their package.
3.2. The Member may cancel their registration by phone, email or on via the Calendly scheduling link.
- Return/Refund
4.1. Late Cancellation: cancellations within 60 minutes will not be refunded or credited.
4.2. Non-Show: absences to booked and paid classes are neither reimbursed nor kept in credits.
4.3. Early Cancellation: cancellations before 60 minutes are not refunded, but kept in credit to be used, within 30 days, for a future available class at a similar cost.
- Liability
5.1. You agree that the access and use of the App shall be at your sole risk and liability. Unless expressly agreed in writing, the App is provided “as is” and “as available”, and that to the fullest extent permitted by applicable law, OUT OF THE CLOUDS disclaims all warranties, express or implied, in connection with the App, its access and use thereof.
5.2. In no event, subject to mandatory applicable law, OUT OF THE CLOUDS, including in the case of negligence, for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with the use of the App, account hacking, Parties identity spoofing or the Parties’ reliance on or use or inability to use the information and services on the App, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Parties advise OUT OF THE CLOUDS of the possibility of such damages, losses or expenses. Furthermore, OUT OF THE CLOUDS disclaims all liability for any tampering with the Parties’ computer system by unauthorized individuals.
5.3. Out of the clouds expressly disclaims any warranty, express or implied, regarding the App, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, non-infringement or as to the availability of the service.
In particular, we do not accept any liability regarding the accuracy, current validity and completeness of the information provided in these Customer Terms of either its content or its presentation. Any liability for loss of data is also excluded.
5.4. For the avoidance of doubt, we will not have liability to you or any other person in respect of these Customer Terms. We will not be liable for any failure to perform our obligations under these Customer Terms caused by matters beyond our reasonable control.
5.5. To the extent permitted by applicable law, OUT OF THE CLOUDS waives all liability for any direct, indirect, consequential, loss of profit or earnings, unrealized savings, additional expense and damages of any kind whatsoever, arising from, or in connection with, the access and use of the App or its providers.
YOU ARE FULLY LIABLE TO OUT OF THE CLOUDS FOR ANY MISUSE OF THE APP OR ANY USE OF THE APP IN A WAY THAT IS UNLAWFUL OR CONTRARY TO THESE CUSTOMER TERMS.
- WAIVER
6.1. If you breach these Customer terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Customer terms. If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.