MasterPeace Ltd Customer Terms & Conditions
Version 2: Update June 2020
Important: Please read these terms and conditions carefully before using our service.
TERMS AND CONDITIONS
- ABOUT THESE CONDITIONS
This Website and the Goods and Services displayed on it are provided by MasterPeace Ltd and its subcontractors (collectively referred to in these Conditions as “we”, “us” and “our”). Further information about us is set out at Condition 25. When we refer to “you” and “your” we mean the user of this Website, purchaser of Goods or user of our Services.
These are the 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.
You should read these Conditions carefully before using this Website or purchasing any Goods or Services from us.
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 as they may have changed since your last visit.
If you have any questions about the Conditions, the Services or this Website, please contact us using the contact details in the “Contact” section of this Website.
When the following words with capital letters are used in these Conditions, this is what they mean:
“User Account” the online platform through which Member and Client details are saved, credits can be bought and classes can be booked and cancelled
“Benefits” means the third party benefits attributable to each Member Type.
“Billing Period” the period between one Payment Date and the next Payment Date;
“Class” any exercise Class or Classes provided by us or on our behalf at the Studios as part of the Services;
“Client” a user of this Website, purchaser of Goods or user of our Services;
“Conditions” the terms and conditions as set out in this document and as amended from time to time;
“Credit” Credits either purchased via our Website, in person at our Studios, or over the telephone and used to make bookings for Classes;
“Goods” any Goods offered for sale at any of our Studios;
“Joining Date“ the date on which a Client first pays for a Credit or Member first makes payment to us for their membership;
“Payment Date” means the date set out in Condition 9.6.3;
“Services” services available to you via this Website, including the Classes;
“Studios” any of our studios, as published on our Website from time to time; and
- USERS OF OUR FACILITIES AND CLASSES
All Clients must sign up for a User Account.
MasterPeace does not allow unaccompanied minors in the Studio at any time.
You must be 12 years of age or older to attend any Classes at MasterPeace.
If you are 12 years of age and under 18, you can attend a class when accompanied by an adult aged 18+, booked as a guest on their account.
If you are 12 years or under, you can attend a Mini-MasterPeace class, booked by an adult aged 18+, as a guest on their account.
You agree to comply with our class rules in force from time to time which you can see online or displayed in all of our studios. The class rules relate to our opening hours, use of our facilities and your conduct.
Instructors and Classes are subject to change at any time and you will be informed of this change via email and/or SMS.
We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or such refusal would otherwise be in the interests of other users of the Studios or participants in our Classes. You will not be entitled to any refund in such circumstances.
- HEALTH COMMITMENT STATEMENT
Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to participate in the services, we strongly recommend that you get advice from a doctor first. For safety reasons, you are responsible for correctly using our facilities.
Credits can be purchased via our Website.
Multiple Credits may be purchased as bundles at discounted rates (Credit Packs) from time to time.
To book a Class, you must have at least one credit in your User Account, unless otherwise specified at the time of booking. One Credit entitles you to attend one Class.
For some workshops, Classes or events you may be required to purchase what is known as a ‘Special Credit’. Special Credits will have a different monetary value to standard Credits purchased on the ‘buy Credits’ page and can only be used to book into the specific workshops, Classes or events to which they relate.
Credits purchased as part of Credit Packs will expire 1 month from purchase, unless otherwise specified.
Expiry means that on and from the expiry date, you will not be entitled to use an expired Credit to purchase Services. You will not be entitled to receive any refund in relation to any expired Credits.
From time to time, we may offer further discounts to our Credits with a different expiry date to those set out above. This will be made clear to you at the time of purchase. Credits cannot be extended beyond the expiry dates agreed at the time of purchase, unless we in our discretion agree to do so.
For promotional sales, we may offer Credit Packs that have a shorter expiry than the standard expiry dates of our Credit Packs. This will be made clear at the point of purchase and in the confirmation email. We will not be able to extend these Credits beyond the expiry date in any circumstances. No other discounts are available on promotional Credit Packs. Promotional offers are subject to our discretion and may be withdrawn at any time and without notice.
Subject to Condition 9.9 Credits can only be transferred to another person at our discretion. You should contact one of our Studios either in person, by telephone or by email to discuss this with us.
Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
Any voucher code issued by us at any time is unique to the offer to which it specifically relates. All offers are subject to our discretion and may be withdrawn at any time and without notice. Vouchers cannot be re-used and are valid once per Client.
In certain circumstances you may be issued with free Credits which will allow you to book another person into a Class which you are also booked into (Buddy Credits). Buddy Credits can be used to book another person a space in a Class you are also booked into.
- COOLING OFF PERIOD
Where a Client has purchased a Membership or Credits online, they have a legal right under the Customer Contracts Regulations 2015 to cancel within 14 days of when the date of the purchase is confirmed (Cooling Off Period).
To cancel within the Cooling Off Period the Client should contact one of our studios by telephone or in person, or email.
When cancelling within the Cooling Off Period, the Client or Member will be refunded either:
the full charge taken on their Joining Date, if no Classes have been attended;
the full charge less the value of any Credits used within the Cooling Off Period subject to Condition 11.3.
- BOOKING A CLASS
You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit will be deducted from your User Account unless otherwise stated on the website.
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 User Account.
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.
If you join the waitlist and a space becomes available, a Credit will automatically be deducted from your User Account and you will be automatically added to the Class up to 2 hours before the start. You will be notified by e-mail and/or text message if you are automatically added to a Class.
Waitlist entries will automatically be allocated when a seat becomes available, up until 2 hours before the Class start time – please ensure that you remove yourself from the waitlist if you don’t think you’ll be able to make it to a Class on time. You can cancel your waitlist at any time up until they are allocated for a full refund. If a space becomes free within 2 hours of the start time, all remaining customers on the waitlist will be sent an email asking if they would like to accept the booking. In order to do this, customers need to click on the link in the email to book a spot in the Class. This is allocated on a first come first serve basis.
If we cancel a Class, your Credit will be refunded unless otherwise stated. We will notify you of this via email or telephone call.
- CLASS CANCELLATION
You can cancel a Class 24 hours before the start time of a Class and the Credits attributable to that Class will automatically be refunded to your User Account.
A Class can be cancelled either on the Website, in person, or by telephone.
MasterPeace can cancel a class if required. If we are unable to deliver the service at the Studio, we reserve the right to deliver the service remotely i.e. through a Virtual Class completed over Zoom, alongside an Art Kit that will be sent to you in the post.
Price details for Classes are available on our Website and shall be such prices as determined by us from time to time.
We warrant that any Goods purchased with us shall:
be free from material defects in design, material and workmanship; and
be of satisfactory quality.
Subject to Condition 12.3 at our discretion, we shall refund or replace any defective Goods in full if:
we are given reasonable opportunity of examining Goods; and
the Customer returns such Goods to the Studio at which the Goods were purchased.
We shall not be liable to refund or replace any defective Goods if:
the default was caused by your incorrect use of the Goods;
you alter or repair such Goods; or
the default arises as a result of fair wear and tear, wilful damage, negligence or abnormal working conditions.
Subject to Condition 12.3 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 used and not damaged. This does not affect your statutory rights as a Consumer.
The price of our Goods shall be the prices set out in our Studios and are subject to change from time to time.
- USE OF OUR WEBSITE
Use of our site includes accessing, browsing or registering to use our Website. By using the Website, you are confirming that you accept these Conditions and that you agree to comply with them.
We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
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.
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 of use your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
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.
This Website should only be accessed using a computer linked to a secure network environment.
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 and we will endeavour to correct it.
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 Websites linked to this Website and (b) any interruptions in your access to the Website.
You must not misuse our Website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorized access to our Website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this Condition 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.
- YOUR USERNAME AND PASSWORD
Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password.
You must not allow any other person to use your username, password or other login details, and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.
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.
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.
We shall not be liable for any losses you suffer as a result of unauthorised access to your User 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.
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.
- INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in this Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 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.
The trade marks, logos and trade names displayed on the Website (“Marks”) are the property of MasterPeace Limited or other third parties. You are not permitted to download, copy, modify or use the Marks without our prior written consent or the consent of such third party who may own the Marks. (See also the section below on Trade Marks.)
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.
- From time to time we may take photographs of our services for use on our website and social media.
Subject to Condition 18, we will compensate you for any loss or damage you may suffer if we fail to carry out our obligations under these Conditions or to a reasonable standard or breach any duties imposed on us by law (including if we cause death or personal injury to you by our negligence) unless that failure is attributable to:
your own fault;
a third party unconnected with our obligations under these Conditions; or
events which we could not have foreseen or forestalled, even if we had taken all reasonable care.
Our liability to compensate you (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.
- DATA PROTECTION AND OTHER RELEVANT POLICIES
By attending a class at the Studio, you consent that we may take photographs of you to support marketing of the Studio. You will be made aware if you are in a photograph, and you have the right to request that photographs are not taken of you, if you let the photographer know. Parents & guardians consent to this on behalf of children they book into Mini-MasterPeace classes unless we are notified in writing.
- 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 risk of loss for any of your personal belongings.
- ENTIRE AGREEMENT
These Conditions constitute the entire agreement between you and us in relation to your use of our Website.
We reserve the right to vary or amend these Conditions from time to time. Any changes shall take effect upon their posting being on the Website.
If any of these Conditions are or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
the legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or 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.
- RIGHTS OF THIRD PARTIES
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.
No waiver of any of these Conditions shall be valid unless provided in writing by us.
- GOVERNING LAW AND JURISDICTION
Any dispute arising between you and us in relation to these Conditions shall be governed by English law.
We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
MasterPeace Ltd reserve the right to withdraw, vary or amend any promotion, discount or competition at any time.