1. About these Conditions
1.1 These are the terms and conditions which apply to your use of this Website and the purchase of Goods and Services from us. If you do not agree to these Conditions, you must not use this Website.
1.2 This Website and the Goods and Services displayed on it are provided by Cyc:d Limited (referred to in these Conditions as we, us and our). Further information about us is set out at Condition 13. When we refer to you and your we mean the user of this Website, purchaser of Goods or user of our Services
1.3 You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
1.4 We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order or booking as they may have changed since your last visit.
1.5 If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the Contact Us section of this Website.
1.6 When the following words with capital letters are used in these Conditions, they shall have the following meaning:
Class means any exercise class provided by us or on our behalf at the Studios as part of the Services;
Conditions means the terms and conditions as set out on this page and as amended from time to time in accordance with Condition 17;
Credit means a credit purchased via our Website and used to make bookings for Classes;
Goods means any goods offered for sale at any of our Studios or from our Website;
Payment Information means any details required for the purchase of Goods or Services from this Website, which includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
Services means services available to you via this Website, including the Classes;
Studios means any of our studios, as published on our Website from time to time; and
Website means www.cyc-d.com.
2. Use of our facilities and Classes
2.1 You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at the Studios.
2.2 You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct.
2.3 You must dress appropriately for any of our Classes and not wear any clothing which could interfere with any of the equipment used during our Classes.
2.4 The identity of our instructors and the timing of Classes are subject to change.
2.5 We reserve the right to refuse you access to the Studios and suspend or terminate your use of our Services if in our reasonable opinion your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise not be in the interests of other users of our Studios or participants in our Classes. Following such suspension or termination any privileges shall be forfeited and you shall not be entitled to any refund.
3. Latecomer policy
3.1 Prior to your first Class, please arrive at least 15 minutes before the scheduled Class start time. This is to ensure you are given an induction by us before the Class commences.
3.2 Doors to the Studio close promptly 3 minutes prior to the scheduled Class start time. If you miss the safety announcements we reserve the right to refuse to allow you to join the Class.
4. Fitness and health
4.1 Our Classes involve intensive exercise. You agree to familiarise yourself with what Classes involve prior to assessing whether you are fit to participate in a Class. You should refer to our Website or speak to a member of staff for further information.
4.2 By agreeing to these Conditions you confirm that you have no health problems and on each occasion that you use our Studios or participate in a Class you confirm that you are in an appropriate physical condition to participate in Classes and that you know of no medical or other condition why you are not capable of engaging in the Classes or exercises provided by us and that such Classes or exercises would not be detrimental to your health, safety or physical condition.
4.3 Our staff are not medically trained and are therefore not qualified to assess whether you are in appropriate physical condition to participate in a Class and/or whether you can engage in any exercise without detriment to your health, safety, comfort or physical condition.
4.4 You are advised not to undertake any physical activities without first seeking medical advice if you have concerns over your physical condition. We reserve the right to refuse access to our Studios or to participate in any of our Classes if, in our absolute discretion, we consider that your health may be endangered by the use of our facilities. If, during the course of any of our Classes, you feel ill, you should cease exercise immediately.
4.5 You shall not use our facilities or participate in our Classes if you are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or are suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to your health or safety, comfort or physical condition. If there is any doubt, you should consult your doctor.
4.6 You agree to follow the instructions of our instructors at all times.
5. Booking Classes
5.1 In order to procure Services on this Website, you are required to create an account which will contain certain personal details and your Payment Information, which may vary based upon your use of the Website as we may not require Payment Information until you wish to make a purchase. By creating an Account and/or making payments on this Website. You represent and warrant that all information you submit is accurate and truthful, that you have permission to submit Payment Information where permission may be required and you will keep this information accurate and uptodate.
5.2 To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class.
5.3 You can check availability of Classes and book Classes in advance online via our Website, or in the Studio. Multiple Classes can also be purchased as blocks at discounted rates. When you book a Class, one Credit will be deducted from your account.
5.4 We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your account.
5.5 You may cancel a booking up to 12 hours before the Class and your account will be re-credited with a Credit. You can cancel a Class by signing into your account on our Website. If you cancel less than 12 hours in advance, unless we, in our absolute discretion agree otherwise, your account will be deducted a Credit for that Class (including places allocated via the waitlist), and you will not be refunded.
5.6 If the Class you wish to attend is fully booked, you may choose an alternative Class with remaining spaces. Alternatively, you may join a waitlist for the fully booked Class. All people on the waitlist for a fully booked Class will receive an email notification if a space becomes available. You will not automatically be added to the Class. In order to confirm your space in the Class you must log onto our Website to book your Class and space will be allocated on a first come first serve basis. This booking will be subject to these Conditions in the usual way.
5.7 Price details for Classes are available on our Website, and shall be such prices as determined by us from time to time.
5.8 Credits will expire at the time confirmed by us to you at the time of purchase. In the event that no such time was specified, Credits will expire 12 months from the date of purchase.
5.9 Unless otherwise confirmed by us at the time of purchase, Credits and Class bookings are not transferable to any other person and you should not allow anyone else to book Classes using your Credits.
5.10 Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
6. Performance Metrics
6.1 Performance metrics may be included in our classes via the “CYC:D Metrix” board in our Classes and the corresponding data service through which you receive the performance metrics relating to each Class you attend, via email and to your online account.
6.2 In cases where the CYC:D Metrix board and/or the corresponding data service are not available or do not function for any reason in relation to a Class, we will not be liable and in such circumstances you shall not be entitled to any compensation, including without limitation a refund or attendance at a further Class.
7.1 If you change your mind about any Goods purchased from us, you may return them to any of our Studios within 7 days with your receipt and we will give you a full refund provided that the Goods are unused, are not damaged and remain in their original packaging. This does not affect your statutory rights as a consumer.
8. Use of our website
8.1 Use of our Website includes accessing, browsing or registering to use our Website. By using our Website you are confirming that you accept these Conditions and that you agree to abide by them.
8.2 We may update this Website from time to time and may change the content at any time. Any of the materials on our Website may be out of date at any given time and we are under no obligation to update such materials. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
8.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
8.4 By accessing this Website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this Website for your use in accordance with these Conditions. You must not modify the copies of any materials on this Website in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these Conditions, your right to use this Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
8.5 Except as expressly permitted by Condition 8.4, you may not (except to the extent required in order to use this Website in accordance with these Conditions) copy, store in any medium (including in any other Website), distribute, transmit, re-transmit, broadcast, modify, delete or show in public any part of this Website or systematically extract material from this Website or any document available through it, create any derivative works from it or in any other way exploit commercially all or any part of this Website or any document available through it without our prior written consent.
8.6 This Website should only be accessed using a computer linked to a secure network environment.
8.7 We cannot guarantee that this Website will operate in accordance with your expectations or will be error free. If you are aware of any error on this Website please contact us by email at [email protected] and we will endeavour to correct it.
8.8 It is our policy to virus check documents and files before they are posted on this Website. However, we cannot guarantee that documents or files downloaded from this Website will be free from viruses. Accordingly, for your own protection, you must use virus-checking software when using this Website. We exclude to the fullest extent permitted by law, all liability (save in respect of death or personal injury caused by negligence and for fraud) in connection with (a) any damage or loss caused by errors, computer viruses, other malicious code or harmful components originating or contracted from the Website or from any third party Website linked to this Website and (b) any interruptions in your access to the Website.
8.9 You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of–service attack or a distributed denial-of-service attack.
8.10 By breaching Condition 8.9 you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this Condition 8.10.
8.12 Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
9. Your username and password
9.1 You must not share your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. It is recommended you do not share your account details in your internet browser if you use a shared computer. If you have any reason to believe your account details have been obtained by another without consent you must contact us at [email protected] as soon as possible.
9.2 We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
9.3 You shall not obtain or attempt to obtain unauthorised access to an area of this Website which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
9.4 You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
9.5 We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security at [email protected]
9.6 If you are accessing an area of our Website protected by a username and password to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Conditions.
10. Intellectual property
10.1 The intellectual property rights in all contents of this Website and in the supply of products and Services to you (including, but not limited to, text, graphics, logo, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software) are owned by Cyc:d Limited or other third parties. You are not allowed to make any copies or to download, modify or use any of intellectual property rights owned or used by us on this Website or owned or used by us in the provision of the Services without our prior written consent or the consent of such third party who may own such rights.
10.2 The design and layout of this Website are protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
10.3 We and our suppliers own the intellectual property rights in the software that runs this Website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute, decipher, de-compile, interfere with or attempt to interfere with that software without our prior written consent.
11. Limitation of liability
11.1 By enrolling with Cyc:d Limited and attending our Studios and Classes, you acknowledge that there are inherent risks and dangers in participating in our Classes and programmes.
11.2 It is your responsibility to ensure that you comply with Condition 3 regarding your fitness and health, and that your physical condition is appropriate for participating in our Classes and programmes. A member of staff must be consulted by yourself if you are in any doubt how to correctly set up and use our equipment.
11.3 Neither Cyc:d Limited or its employees shall be liable for any death, personal injury or illness that take place on our premises or that occur as a result of using our facilities or participating in our Classes, except in such cases that such death, personal injury or illness arise from any negligent act or omission of Cyc:d Limited.
12. Personal belongings
12.1 Personal belongings are brought into our Studios at your own risk and you agree that Cyc:d Limited, and its employees, shall not be liable for any loss, damage or theft of any property brought into our Studios belonging to yourself.
13. Other relevant policies
14. Information about us
14.1 Cyc:d Limited is a company registered in England and Wales under company number 10001273 whose registered office is 34c High Street, Haslemere, Surrey GU27 2HJ. Our VAT number is 239 6648 63.
15. Entire agreement
16.1 We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon posting to this Website and our provision of Goods and Services to you.
17.1 If any of these Conditions are or become illegal, invalid or unenforceable in any jurisdiction, they shall not affect:
(a) the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or
(b) the legality, validity or enforceability in other jurisdictions of that or any other term or condition, which shall continue to have full force and effect.
18. Rights of third parties
18.1 A person who is not a party to these Conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
19.1 No waiver of any of these Conditions shall be valid unless provided in writing by us.
20. Governing law and jurisdiction
20.1 Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
20.2 We both agree to submit to the exclusive jurisdiction of the English courts.