This policy governs your use of the Thirteen Personal Coaching website. The Website is designed to allow users to make class/series purchases, register for classes, book spots, buy merchandise and communicate with Thirteen.
General Statement on Privacy, Persona Data and Communications
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, or communicate with Thirteen via email, you are communicating electronically. You consent to receive communications from Thirteen electronically. Thirteen will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Thirteen provides electronically satisfy any legal requirement that such communications be in writing.
User Provided Information
Thirteen does not collect any personal information about individuals -- such as names and postal codes, home addresses, and email addresses -- except when such information is knowingly provided to Thirteen. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by Thirteen must be voluntarily submitted by the user.
Thirteen may use the information provided to contact you with important information, required notices, and marketing promotions.
Thirteen makes every effort to ensure that all of the transactions that occur on the Website is secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website.
How information is used
The following are examples of how Thirteen might use the personal information collected through the Website:
* If you purchase a Thirteen series, sign up for a Thirteen class, or purchase Thirteen retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving Thirteen related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
* Aggregate data could be analysed to describe the collective characteristics and behaviours of online visitors, and subsequently be used to further optimise the effectiveness of the website and the overall Thirteen experience.
You can help Thirteen maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Thirteen will never share telephone numbers, email addresses, or any personal data with third parties.
Thirteen reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
Privacy of Minors
If you are under 18, you may register and use the Website only with the involvement of a parent or guardian. Thirteen does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 16.
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. A minor must be at least 15 years of age to participate in a class.
If Thirteen discovers that personal information has been submitted by a minor without a signed participant/registration waiver, Thirteen reserves the right to delete such information. Thirteen does not seek or share personal information from minors throughout the Website.
Reservations / Charges
In order to make a reservation, you must first own a single class or multiple classes. To join classes online, You should be aware that classes expire and future prices are subject to change. We accept MasterCard, Visa, IDEAL and American Express.
Your credit/debit card will be charged for your order when you submit your reservation. Thirteen will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Thirteen may incur in its efforts to collect any unpaid balances from you.
In addition to classes and series of classes, Thirteen may be offering gift certificate. Thirteen gift certificates are called "gift cards". Gift cards never expire and the person that you are giving them to can use his or her gift card(s) to buy classes or to buy any kind of merchandise. Once a class is purchased using a gift card, it will expire, just like any other class you buy. Gift cards and classes are not the same thing. Unlike gift cards or gift certificates, classes are for our regular group-fitness classes only. You cannot give classes to another as a gift. When you buy a class, you are only entitled to use that class to book a space in a particular Thirteen studio at a particular time. You cannot redeem your class for cash and you cannot transfer it to another user.
Classes do expire. The expiration dates are posted in the description of the class or series of classes. Future class prices are subject to change, but Thirteen will honour your class or series of classes until the expiration date, regardless of whether there is a price increase in the interim. Your credit/debit card will be charged for your order when you buy your classes, not when you book your class. Thirteen will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Thirteen may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. Thirteen reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series. Should Thirteen charge you the full price your rights to then cancel such class or series and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. Thirteen also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
Your safety and physical wellbeing is of primary importance to Thirteen. In order to participate in a boxing class, it is mandatory for all participants to use gloves and wraps. Thirteen reserves the right to refuse entry into a class if you chose not to wear such equipment. You will not be refunded for your class in such circumstances.
Right to Cancel
You may cancel your purchase of your classes at any time before midnight of the fifth business day after the date of your purchase, excluding Sundays and holidays. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to email@example.com or 06 - 43915337. Thirteen will refund the purchase price of your unused classes within ten days after we receive your notice of cancellation.
Additional Rights to Cancel
You or your representative may also cancel your purchase of a class or classes for any of the reasons listed below. To do so, you must give us written notice, by e-mail or certified or registered mail to firstname.lastname@example.org or 06 - 43915337.
You may cancel your Personal Training contract in any of the following circumstances. If you become disabled and, as a result, cannot physically participate in a class you have purchased, and your condition is verified by a doctor, Thirteen will refund you the purchase price of your unused class or classes. If you die, Thirteen will refund your representative the purchase price of your unused class or classes.
If Thirteen stops offering classes, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel a spot booked in a class for rescheduling you may do so up until 24 hours before the applicable class, and in such case your unused class will be returned to your account to be used at a future date.
You can cancel a reserved spot in the following ways:
1) Log into your Virtuagym account and next to the class you wish to cancel, press "cancel".
2) Call the applicable club where you have booked to cancel the class. A member of the Thirteen team will then cancel the class on your behalf.
Please note, in fairness to all our clients, available spots will be released 5 minutes before a class begins to the Thirteen waitlist and others.
FOR CLIENTS RUNNING LATE: There will be no entry into the studio after the class has started.
FOR CLIENTS LEAVING EARLY: If you're planning on leaving early, we kindly request that you tell the instructor ahead of time.
FOR CLIENTS BOOKED FROM THE WAITLIST: 24 hours prior to class, clients on the waiting list will be notified and are able to book a class by our system, as clients cancel. If you are book your class coming from the waiting list, you are responsible for this reservation and standard cancellation policies apply.
Unwashed, unworn, and ticketed items can be returned within 30 days of purchase for an exchange orThirteen store credit only. Receipt or proof of purchase must accompany the return in order to process. All sale items and all accessories, including but not limited to gloves, wraps, and water bottles, are final sale unless otherwise stated.
Personal Training sessions are only refundable if cancelled by calling the applicable studio no later than 24 hours before the start of your session.
Private Events & Bag Blocks
Event & bag block fees are due and payable at the time of booking and are non-refundable. All attendees must agree to these Terms and Conditions prior to attending the event. Any third-party vendor that Thirteen may permit you to bring into a Thirteen studio as part of a private event must include Thirteen as an additional insured to such party’s general liability insurance as a condition to the grand of such permission.
Waiver and Release
By signing up for and/or attending classes, events, activities, and other programs and using the premises, facilities and equipment (individually and/or collectively, the "Classes and Facilities") of Thirteen and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in boxing and HIIT workouts and exercise equipment in association with the Classes and Facilities.
You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.
At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Thirteen staff, you would be at physical risk participating in Thirteen’ Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Thirteen with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Thirteen’ concerns and stating that Thirteen’ concerns are unfounded.
In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless Thirteen, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Thirteen’ Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Thirteen’ Classes and Facilities, and should not be participating in any Classes.
VALUABLES AND PERSONAL PROPERTY
Clients acknowledge that they have been urged to avoid bringing valuables into and unto the Facilities and that Thirteen shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.
Thirteen reserves the right to deny access to any person Thirteen deems to be acting in an inappropriate or unsafe manner.
Intellectual Property Rights
The trademarks and trade dress of Thirteen are proprietary to Thirteen and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Thirteen. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Thirteen, is strictly prohibited.
You acknowledge that Thirteen and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Thirteen may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and Thirteen, you own all content that you submit to Thirteen. You grant Thirteen and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of Thirteen services permission to view your content for their personal, non-commercial purposes.
In participating in Thirteen’ classes, you may be photographed, videoed or otherwise recorded by Thirteen or third parties authorised by Thirteen in its or such third parties producing of content which among other things Thirteen or such third parties may use to advertise, report upon, market and/or promote Thirteen and its services. You hereby consent to such usage of your imagery for all and any such purpose by Thirteen and such third parties and hereby agree that Thirteen' and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Thirteen to use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Thirteen’ material in any way for any public or commercial purpose. Thus, you are not authorised to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any Thirteen products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Thirteen’ material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use Thirteen’ material will automatically terminate and any copies made of Thirteen’ material must be immediately destroyed.
Any unauthorised use of Thirteen’ material may violate national criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
Warranty disclaimer and limitation of liability
In no event will Thirteen be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Thirteen expressly advised of the possibility of such damage.
All information is provided by Thirteen on an "as is" basis only. Thirteen provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
Choice of Law
The Website, and your use hereof, is governed by the laws of the Netherlands. Any claim arising out of your use of this Website must be brought to the Havenstraat 13 in Hilversum.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Thirteen’ policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
Acceptance of Terms
By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.