TERMS OF SERVICE
Please read this terms of Service carefully
- Our contract with you
1.1 These Terms will apply to any subscription (“Subscription”) we accept from you via our website www.sense-solution.com (“Website”) and mobile app (“App”), including any service(s) in relation to the Subscription. You must accept to our terms of service (“Terms”) by checking the acceptance box when you register with us, otherwise you will not be able to use our service.
1.2 We may change the Terms from time to time and it is the latest version that will apply to each Subscription at the time. We will notify you of the changes to the Terms by email.
1.3 Please read these Terms carefully and make sure that you understand them before making an Subscription. The Terms restrict our liabilities to you in certain circumstances.
- Definitions
2.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Website: Website owned by Pinnacle Fitness Stretching Company Limited;
App: mobile application owned by Pinnacle Fitness Stretching Company Limited;
Event Outside Our Control: any occurrence or circumstances over which we have no control including the unavailability of any Service Provider, key personnel or key materials which we required to provide the Services;
Subscription: your order for the Services as set out in the order form submitted via the Website or App;
Sessions / Services: means our assisted stretching services performed at any of our location(s)
Terms: these terms of service as amended from time to time; and
We/Our/Us/the Company: Pinnacle Fitness Stretching Company Limited
2.2 When we use the words “writing” or “written” in these Terms, this will include e-mail and other online communication channels, including via the App.
- Subscribing to Services
3.1 Please ensure that you check the details of your subscription before submitting it via the App, as we will not be liable to you for any errors you make.
3.2 Submission of a subscription does not create a contract between us. The contract become effective when we receive your payment and send you an email invoice confirming the acceptance of your subscription.
3.3 If for any reason we are unable fulfill your subscription, we will let you know by phone, email or other online channels.
- Booking of Sessions
4.1 Once subscribed to our Services, you may utilize the available session(s) and book your appointment with us via the App, Website, email or directly through our staff.
4.2 A confirmation email will be sent to you once the booking has been confirmed.
- Changes to your booking
5.1 You may change your booking date and/or time when the scheduled booking is at least 24 hours away. Any changes made within 24 hours must be carried out through contacting our staff. A confirmation email will be sent to you after changes are accepted by us.
5.2 A confirmation email will be sent to you once the new booking has been confirmed.
- Cancelling your booking
6.1 You may cancel your booking in the following circumstances:
6.1.1 At least 24 hours before the scheduled time set out in our confirmation email by contacting us via the App, website, email or phone; and
6.1.2 Cancellation made within 24 hours of the schedule time will result in deduction of session credit.
- Our rights to cancel your booking
7.1 We may cancel your booking and the contract between you and us in the following circumstances:
7.1.1 as a result of an Event Outside Our Control; or
7.1.2 if in our opinion you are not physically fit for such service(s); or
7.1.3 if the scheduled location(s) becomes unavailable due to renovation, maintenance, closure; or
7.1.4 if you fail to complete payment.
7.2 If we cancel your booking we will contact you via phone or email, and make arrangement as soon as possible to secure another booking for you. No session credits will be deducted as a result.
- Service standards
8.1 We will provide the Services with reasonable care and skill in accordance with good industry standards, as well as the accreditation standards of ASCB.
- If there is a problem with our Services
9.1 please contact us via email: cs@sense-solution.com or by phone.
9.2 Complaints should be notified to us within 24 hours of completion of the service if you believe that we are in breach of our obligations under these Terms.
- Price and payment
10.1 The price of the Subscriptions will be set out in our price list as set out on the Website and App and will be the price in force at the time of your subscription.
10.2 Payment is due online or in person at one of our location(s) when the subscription is made.
10.3 We accept payment made using cash, credit cards, Apple Pay, Google Pay, Alipay, Wechat Pay, Octopus and other online payment channel(s).
- Acknowledgement and assumption of risk
11.1 The use of the service(s) involves inherent risk of injury to you whether you or someone else causes it. As such, you understand and voluntarily accept the risk and agree that we will not be liable for the injury, without limitation, personal, bodily, or mental injury, economic loss or any damage to you resulting from the negligence or other acts of our staff or anyone else using the facilities.
11.2 In the event of any claim by anyone based on any injury, loss or damages described here, which involves you, you agree to i) defend the Company against such claims and pay the Company all expenses relating to the claim, and; ii) indemnify the Company all liabilities to you, or anyone else, resulting from such claims.
- Events Outside Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
12.2 An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
12.3.1 We will contact you via phone or email as soon as reasonably possible; and
12.3.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; or
12.3.3 You may cancel your booking under paragraph 6 or we may cancel it under paragraph 7.
- Information about us and how to contact us
13.1 We are a company registered in Hong Kong. Our registered office is Unit 1307A1, 13/F Lippo Sun Plaza, 28 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.
- How we may use your personal information
14.1 We will use the personal information you provide to us to:
14.1.1 provide the Services to you;
14.1.2 process your payment for such Services; and
14.1.3 inform you about similar products or services that we provide, unless you indicate that you do not wish to receive such communications by clicking the ‘Unsubscribe’ link at the bottom of any promotional email communication.
14.2 We will not give your personal data to any third party without your express authorization.
- Other important terms
15.1 We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
15.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 These Terms are governed by Laws of Hong Kong and will be subject to the exclusive jurisdiction of the courts in Hong Kong.
This Terms has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.
