One app for all things fitness, sports and wellness
Terms and Conditions
1. Introduction
These terms and conditions (also referred to as “terms” or “agreement”) are a
contract between you and The Well-Being Collective and govern your access to The
Well-Being Collective website ( www.wellbeingcollective.net ) mobile application
(such as for iPhone or Android) or content (collectively the “application”) or any
fitness, recreational, wellness, or other classes, experiences, activities, events,
services, recordings, and/or products made available through The Well-Being
Collective (collectively,
“activities”). Please read these terms carefully before
accessing and using the application or activities.
Please read these terms carefully before accessing or using the application. By
clicking on the “accept” button, you irrevocably agree to be subject to these terms
and conditions.
You are only authorised to use the website if you agree to abide by all applicable
laws, these terms, and other documents we refer to in these terms such as the
privacy policy. If you do not agree with all of the terms and conditions, do not use
the application.
The Well-Being Collective, whose address is at ikigai Riverside, Merchant Square,
Riverside Drive, Westlands, 2106-00606 Nairobi, is the owner of the website.
2. The Application
a) The Well-Being Collective Application. The Well-Being Collective application
enables consumers to reserve, schedule, purchase, access and attend a wide range
of fitness, recreational and wellness activities offered and operated by fitness
studios, gyms, trainers, suppliers or other third parties (collectively,
“suppliers”). The
Well-Being Collective itself is not a gymnasium, place of amusement or recreation,
health club, facility, fitness studio or similar establishment and does not own,
operate or control any of the activities that are offered at or through such facilities.
b) Membership Options. There are a number of ways to participate in The
Well-Being Collective, such as various subscription plans and non-subscription
purchases. These options consist of different activities, services and features and
may be subject to additional and differing conditions, prices, policies and limitations.We reserve the right to modify, terminate or otherwise amend our offered options
and plans at any time in our discretion. From time to time we may permit
non-subscribers to access certain activities, services, content or features for a cost
or at no cost. The Well-Being Collective makes no commitment on the quantity,
availability, type or frequency at which such activities, services, content and features
will be available to non-subscribers and may modify, discontinue, remove or
suspend access at any time and for any reason in our sole discretion.
c) Subscription Plans. To enjoy full access to the application and activities, you
need to sign up for a subscription. A subscription starts on the date that you sign up
for a subscription and submit payment via a valid Payment Method or reactivate a
pre-existing subscription. Unless we otherwise communicate a different time period
to you at the time of sign up or otherwise (such as a multi-month commitment
plan), each billing cycle is one month in length (a “subscription cycle”). Your The
Well-Being Collective subscription automatically renews each month, and we will
automatically bill the monthly subscription fee to your Payment Method each
month, until your subscription is cancelled or terminated. For example, if you
purchase your subscription on April 25th, your subscription will automatically
renew on May 25th. You must provide us with a current, valid, accepted method of
payment. We may update the accepted methods from time to time. If you add a
subscription to your base subscription or if you upgrade or downgrade to a different
subscription, all such subscriptions will be governed by these terms and will
continue indefinitely until cancelled or terminated.
d) Use of Credits. Depending on the subscription plan you choose and purchase,
you will be allotted credits to be used solely to book activities each subscription
cycle. You can choose how you use your credits across the various activities
available to you.
Credits expire at the end of each subscription cycle, meaning that any credits you
don’t use during the applicable subscription cycle will not roll over into future
months, unless we expressly communicated otherwise. You can see how many days
you have left in each subscription cycle in the application. If your subscription is
cancelled or terminated your unused credits will expire immediately. There will be
no refund or payment for any unused amount. When your cycle automatically
renews for the next month, you’ll automatically receive your new allotment ofcredits. If you have any questions about how to use your credits, please contact us
and we can help you.
Credits have no cash value or any other value outside of the The Well-Being
Collective application and are not redeemable for cash. For avoidance of doubt, the
credits do not operate or serve as stored value facilities in any way. You may not
transfer, trade, gift or otherwise exchange The Well-Being Collective credits.
e) Activity Availability and Allocation. The exact number and type of activities you
take during any subscription cycle will depend on the number of credits needed to
book the particular activities you select. The number of credits needed to book a
particular activity will vary and is determined based on a variety of factors, including
but not limited to supplier requirements, time of day, equipment, facilities, location,
pricing, popularity and other characteristics. For example, an activity offered at a
peak time is likely to require more credits to book than the same activity offered in
the middle of the afternoon. Or, an activity that uses equipment is likely to require
more credits to book than an activity without the use of any equipment.
Furthermore, a supplier may require more credits for a certain activity under certain
circumstances, such as when the supplier makes only a small number of spots
available to The Well-Being Collective. Note that credits needed to book activities
can also vary from city to city. Accordingly, if The Well-Being Collective permits you
to reserve activities in a city that differs from your home location, your credits may
enable you to reserve more or fewer activities when you are travelling from your
home location. As such, the number of credits you need to reserve a particular
activity or service may change at any time or vary day to day depending on the
factors described here. The Well-Being Collective also reserves the right to change
the number of credits you receive, including per cycle, plan, geography or otherwise;
the number of reservations you can make; and/or the number of activities you can
miss or cancel.
The Well-Being Collective does not guarantee the availability of particular
suppliers, locations, activities, services, experiences, content, inventory, spots or
other features, and availability may change over time and at any time (including
during the course of any given subscription cycle). The type, quantity, credits,
allocation and availability of suppliers, activities, and other inventory offered, are
determined by The Well-Being Collective in its sole discretion. The Well-BeingCollective takes certain steps to release, promote and otherwise make available
spots and inventory at varying times and in an ongoing and evolving way.
f) Digital Content. The Well-Being Collective may allow you to access a variety of
audio or video digital content from your computer or mobile device, via live stream
and/or on demand. To access this digital content, you need to comply with certain
technical and hardware requirements.
g) Non-Subscription Purchases. The Well-Being Collective may permit you to
purchase certain products or activities through the application, in addition to your
subscription or without having a subscription. You acknowledge and agree that
these Terms apply to any such purchase you make, and you will be responsible to
pay the applicable fees, which may change at any time.
h) Co-Memberships. From time to time The Well-Being Collective may permit you
to sign up for a co-membership that provides you with a membership to The
Well-Being Collective as well as a membership to a third-party supplier, such as a
gym (“Supplier Membership”). If you sign up for a co-membership, you will be
subject to these Terms as well as additional terms applicable to the co-membership
and the Supplier Membership. You understand and agree that The Well-Being
Collective does not own, operate or control the Supplier Membership and is not
responsible for the Supplier Membership, which is provided entirely by the
applicable supplier.
i) Use of The Well-Being Collective. Your The Well-Being Collective account is
personal to you and you agree not to create more than one account. You cannot
transfer or gift activities or credits to third parties or allow third parties to use your
The Well-Being Collective account, including other The Well-Being Collective
users. You must not use or exploit the application and/or activities for commercial
purposes. To use your The Well-Being Collective membership you must have
access to the Internet. We continually update and test various aspects of the The
Well-Being Collective application. We reserve the right to, and by using our
application and/or activities you agree that we may, include you in or exclude you
from these tests without notice. You understand and agree that The Well-Being
Collective may take actions we deem reasonably necessary to prevent fraud and
abuse.You agree that the information you provide to The Well-Being Collective at sign up
and at all other times will be true, accurate, current, and complete and that you will
keep this information accurate and up-to-date at all times. When you sign up, you
will be asked to create a password. You are solely responsible for all activity that
occurs under your account, including any activity by unauthorised users. To use the
application you must have access to the Internet and may be required to download
The Well-Being Collective mobile application to use some or all of The Well-Being
Collective features. You are solely responsible for providing your own access (e.g.,
computer, mobile device, Internet connection, etc.) to the application and activities.
j) Eligibility Criteria. The availability of all or part of our application and/or activities
may be limited based on demographic, age, or other criteria as we may establish
from time to time. You understand and agree we may disallow you from subscribing
to The Well-Being Collective or may terminate your subscription at any time based
on these criteria. For example, you must be 18 years of age or older to use this
application and/or activities and/or to purchase The Well-Being Collective
subscription. You further understand that the application and/or activities may not
be available in every geography.
k) Subscribing Organizations. If you are using or opening an account on behalf of a
company, entity, or organisation (a “Subscribing Organisation”), then you represent
and warrant that you are an authorised representative of that subscribing
organisation with the authority to bind such organisation to these Terms; and agree
to be bound by these Terms on behalf of such Subscribing Organisation.
3. Fees, Billing, Cancellation.
a) Recurring Billing. By initiating your The Well-Being Collective subscription, you
authorise us to charge you for your initial subscription period and a recurring
monthly subscription fee at the then current rate. Increases in the current rate will
be notified to you by e-mail or other notice (such as when you log into your
account). You acknowledge that the amount billed each month may vary for reasons
that may include differing amounts due to promotional offers and/or changing or
adding a plan, and you authorise us to charge your payment method for such
varying amounts, which may be billed monthly in one or more charges. You also
authorise us to charge you any other fees you may incur in connection with your useof the application, such as any applicable sign-up fee, taxes, cancellation or late
fees, as further explained below. Note that even if you do not use the subscription
or access the application and/or activities, you will be responsible for subscription
fees until you cancel your subscription, or it is otherwise terminated.
b) Subscription Cycle. When you sign up and purchase your The Well-Being
Collective membership, your first subscription cycle will be billed immediately.
Unless we expressly communicated otherwise, your subscription will automatically
renew each month and you will be billed on the same date each month (being the
date on which you signed up), provided that, where such date does not exist in
particular renewal month, your subscription will be deemed to auto-renew on the
day immediately following the date of expiry of your current membership cycle. For
example, if you signed up on January 31st, your next auto-renew date will be March
1st, and payment will be taken using your payment method on (or as soon as
practically possible) after that date. All membership auto-renews will continue to
take place on the new auto-renew date (i.e., in this example, the 1st of each month).
Payment will be taken on the effective date of your auto-renew (a “renewal date”),
provided that, if we are unable for any reason to take payment on a renewal date,
we will take payment as soon as practically possible thereafter.
c) Refunds. Generally, our fees (including the monthly fee for your membership and
any other fees) are nonrefundable, unless we specifically communicate otherwise at
the time of purchase.
d) Price Changes. We reserve the right to adjust pricing at any time. Unless we
expressly communicate otherwise, any price changes to your subscription will take
effect on your next billing cycle upon notice communicated through a posting on the
The Well-Being Collective website or mobile application or such other means as we
may deem appropriate from time to time, such as email. If you do not cancel your
subscription, you will be deemed to have accepted these new fees.
e) Payment Methods. You may edit your payment method information by logging
onto our website or mobile app and editing it in your account settings. If a payment
is not successfully settled, due to expiration, insufficient funds or otherwise, you
nonetheless will remain responsible for any uncollected amounts and authorise us
to continue billing the payment method or any other payment method you have
provided, as it may be updated, including in the event you attempt to create a newaccount, reactivate the unsettled account or sign up for a new account. This may
result in a change to your payment billing dates. If we cannot charge your account,
we reserve the right, but are not obligated, to terminate your access to our
application or any portion thereof.
f) Cancellation. Unless we communicate otherwise, you may terminate your
subscription at any time before your subscription renews, by going into your account
and cancelling using The Well-Being Collective application. Unless we
communicate otherwise, and except for during a trial, following any cancellation
you will continue to have access to your subscription through the end of your
current prepaid subscription cycle, unless you cancel and receive a refund, in which
case your access will be terminated immediately. Note that if you do terminate your
subscription, we reserve the right to charge a reactivation fee if you want to return
to The Well-Being Collective in future months or to restrict your access in future
months.
g) Other Fees. You are responsible for paying applicable fees if you do not cancel
an activity you had reserved with appropriate notice or do not attend your
scheduled activity. We reserve the right to change the policy regarding when we
charge fees, to introduce additional fees (such as a sign-up fee) and to change the
amount of any such fees at any time.
h) Reservation and Cancellation of activities. As a The Well-Being Collective user
you must reserve and cancel your The Well-Being Collective activities only through
the application. It is a breach of these Terms if you reserve or cancel a service
directly with a supplier, including through any online or mobile account you have
with a supplier, independent of The Well-Being Collective. If you reserve or cancel
directly with such supplier, we reserve the right to charge you the full amount that
the supplier charges for such activity and/or any applicable cancellation fees, and/or
to terminate your subscription.
i) Fees Charged by Suppliers. In addition to fees we charge, suppliers may also
charge equipment or other amenity fees that you will be responsible for directly. For
example, some suppliers might charge extra to rent a yoga mat or cycling shoes.
Further, The Well-Being Collective only gives you access to the activity for which
you signed up on the application (and at the specified time and location). The
supplier may have additional fees for use of additional activities or spaces.j) Third-Party Fees for using The Well-Being Collective. You are also responsible
for all third-party charges and fees associated with connecting to and using the
application and/or activities, including fees such as internet service provider fees,
telephone and computer equipment charges, sales tax and any other fees necessary
to access the application and/or activities.
4. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this
agreement and to adhere to its terms and conditions. You warrant that you are a
corporeal person who is eighteen (18) years of age or older or a properly
incorporated or registered entity with a legal personality. If you are a corporeal
person under eighteen (18) years of age, but at least thirteen (13) years of age, your
parent, legal guardian, or trustee must enter into this agreement on your behalf. You
warrant that you are not prohibited from assenting to these terms by any
pre-existing agreement.
You warrant and represent that any information that you provide to The Well-Being
Collective is accurate and valid. You agree to comply in good faith with the terms
and conditions of these terms.
Additionally, if you are entering into this agreement on behalf of your organisation,
you represent that you are the authorised agent of the organisation and have the
legal authority to enter into this agreement on its behalf.
Further, you will not use the application in any way that violates the rights of third
parties, and you agree to comply with any and all applicable local, county, and/or
national laws, treaties, and regulations. Given the global nature of the internet, you
agree to comply with all laws and rules where you reside or where you use the
application.
5. Registration
To access and use the application, the user must have a device that can access the
internet. Further, to access and use the application, the user will have to register
with The Well-Being Collective thereon. The user will be asked to create an
account by entering in the registration form the following personal data: (a) first and
last name, (b) address, (c) date of birth (if applicable), (d) email address, and (e)telephone number (hereinafter, the "personal data"). Please see the privacy policy
for users, which is incorporated into this agreement by reference, regarding the
collection and use of this and other information about the user(s). The Well-Being
Collective does not endorse or discriminate against users based upon any
information provided by the user or made available through the application.
The user declares and guarantees the veracity, accuracy, validity, and authenticity of
the personal data entered in the registration form and assumes the commitment to
keep said personal data updated. If the user does not do so, the user will be in
breach of these terms, which could lead, among other things, to the suspension and
termination of the account and the use of the application. The Well-Being Collective
and the suppliers will not be responsible for the veracity, accuracy, validity, and
authenticity of the personal data entered by the user. Every account is personal and
non- transferable. The user is responsible for maintaining the confidentiality of their
account, username, and password, and agrees to assume responsibility for all
activities carried out in their account. At the time of registration, the user agrees to
receive emails from The Well-Being Collective with information about promotions
and other products.
The Well-Being Collective will store and handle the user’s data in accordance with
the Data Protection Act No.24 of 2019 of the Laws of the Republic of Kenya and as
further provided in the privacy policy. The Well-Being Collective is under no
obligation to provide the user with the personal data, except as provided in the
privacy policy and the Data Protection Act No.24 OF 2019.
6. Termination or Modification by The Well-Being Collective
You agree that The Well-Being Collective, in its sole discretion and for any or no
reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or
suspend any account, subscription, any orders placed, your access to or use of the
application, your membership and/or activities (or any part thereof including but not
limited to your access to any or all suppliers, credits or activities or services) you
may have with The Well-Being Collective and remove and discard all or any part of
your account or any content uploaded by you and/or (2) discontinue, disable,
suspend, modify or alter any aspect, feature or policy of the application including of
your subscription. The Well-Being Collective may also in its sole discretion and at
any time discontinue providing access to the application, or any part thereof, with or
without notice. You agree that any termination of your access to the application orany account you may have or portion thereof may be effected without prior notice.
This includes the right to terminate or modify any subscription prior to the end of
any pre-paid or committed period. Upon any termination or otherwise, we may
immediately deactivate your account and all related information and/or bar any
further access to your account information and the application. The Well-Being
Collective shall have no liability for, and you shall have no recourse for, any such
termination or deactivation, except as set forth in the following sentence. If you are
a subscriber, then upon any such termination by us without cause, as your sole
recourse, we will issue you a pro rata refund of the prepaid portion of your
subscription applicable to future unused services (less any fees or costs for classes
or services already used). If we determine that you have violated these Terms or
otherwise engaged in illegal or improper use of your membership, activities and/or
the application, you will not be entitled to any refund and you agree that we will
not be responsible to pay any such refund. You agree that The Well-Being
Collective will not be liable to you or any third party for any such termination. You
acknowledge that your only right with respect to any dissatisfaction with any
modification or discontinuation of service made by us is to cancel or terminate your
subscription. If The Well-Being Collective deletes your account for these reasons,
you may not re-register for or use the application and/or activities under any other
username, email, payment method or profile. The Well-Being Collective may block
your access to the application to prevent re-registration.
7. Use of the Application. Prices and Products
The Well-Being Collective may modify any information contained on the application
at any time, including that related to products, prices, availability, and conditions,
except for the purchases that have been accepted up to that time, so the
modifications will only refer to future operations. All prices on the application will
be expressed in Kenya Shillings. When a user places an order, the user will be
charged for the total amount of the products the user purchased inclusive of tax and
any statutory charges that will be applicable at the time of order.
The Well-Being Collective may offer deals and promotions from time to time with
reduced fees and/or discounted products. The products will be published on the
application and each user may make purchases subject to compliance with the
minimum purchase and/or maximum amounts in case relevant for any promotion.
All promotions that are published on the application will be governed by their
respective terms and conditions, which will be available on the application andmust be read and accepted by the user. It is expressly established that if the
payment cannot be processed for factors not attributable to the application, the
purchase will be cancelled. Users understand and agree that The Well-Being
Collective will not be held liable for user’s failure to complete a transaction entered
into with the suppliers by way of a connection made using the application.
8. Billing
The Well-Being Collective will be the sole responsible party for and in charge of
collecting payment and issuing the payment receipt for each sale made, in
compliance with current and local tax laws and regulations. The proof of payment
will be issued in all cases (even if the application enters discounts and/or
promotions) for the total amount of the sale price and at the time of provision of the
service/product or payment of the price by the user, whichever is earlier. When the
application makes a promotion and/or discount available to the users, these benefits
are granted directly by The Well-Being Collective to each user within the
framework of these terms and conditions and any particular terms and conditions in
respect of the promotion. The user shall only be responsible for paying the amount
stated in the promotion.
9. Territorial Scope
The products/services offered by the suppliers on the application are available for
purchase in the Republic of Kenya as indicated on the application at the point of
purchase.
10. User Submissions
a) General. The application may provide certain features which enable you and
other users to submit, post, share and search for content and information, which
may include (without limitation) text, graphic and pictorial works, profile
information, information about reserved or attended classes, friend connections or
any other information submitted by you and other users or arising from your use of
the application). User submissions can also include reviews, ratings and other
feedback. We strongly recommend that you think about what you upload to, share
with or make accessible to the application. The Well-Being Collective does notguarantee any anonymity or confidentiality with respect to any user submissions.
For information on how we use your personal information, please see our privacy
policy.
b) Reviews. You understand and agree that reviews may be made public without
any additional notice to or consent by you and you should assume that any person
(whether or not a user of The Well-Being Collective’ application), including any
supplier, may read or have access to your reviews. The Well-Being Collective is not
responsible for the use or disclosure of any information that you disclose in
connection with reviews, including any personal information. Reviews are displayed
for information purposes only and reflect the opinions of the person making the
submission. They are not controlled by, and may not reflect the opinion of, The
Well-Being Collective. You understand that all reviews are the sole responsibility of
the person from whom such reviews originated. This means that you, and not The
Well-Being Collective, are entirely responsible for all reviews that you upload, post,
e-mail, transmit, or otherwise make available through the application.
The Well-Being Collective makes no representations that it will publish or make
available on the application any user submissions, and reserves the right, in its sole
discretion, to refuse to allow any user submissions on the application, or to edit or
remove any user submission at any time with or without notice. The Well-Being
Collective may, but is not obligated to, monitor and edit or remove any activity or
content, in whole or in part, including but not limited to content that The
Well-Being Collective determines in its sole discretion to violate the standards of
this application. The Well-Being Collective takes no responsibility and assumes no
liability for any user submissions.
c) License Grant by You to The Well-Being Collective. By accessing and/or using
our services, you hereby grant The Well-Being Collective and its affiliates,
sublicensees, partners, designees, and assignees of the application a worldwide,
non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and
transferable licence to use, reproduce (including by making mechanical
reproductions), distribute, modify, adapt, translate, prepare derivative works of,
publicly display, publish, publicly perform, and otherwise exploit your user
submissions and derivatives thereof in connection with the application and The
Well-Being Collective’s (and its successors’) business for any purpose, including,
without limitation, for marketing, promoting, and redistributing part or all of theapplication (and derivative works thereof), in any media formats and through any
media channels now known or hereafter discovered or developed.
d) User Submissions Representations and Warranties. You are solely responsible
for your own user submissions and the consequences of posting, sharing,
displaying, publishing them or otherwise making them available. In connection with
user submissions, you affirm, represent, and warrant that: (i) you own, or have the
necessary licences, rights, consents, and permissions to use and authorise The
Well-Being Collective to use all patent, trademark, copyright, or other proprietary
rights in and to your user submissions to enable inclusion and use of your user
submissions in the manner contemplated by The Well-Being Collective and these
Terms, and to grant the rights and licence set forth above, and (ii) your user
submissions, The Well-Being Collective’s or any The Well-Being Collective
Licensee’s use of such user submissions pursuant to these Terms, and The
Well-Being Collective’s or any of The Well-Being Collective Licensee’s exercise of
the licence rights set forth above, do not and will not: (a) infringe, violate, or
misappropriate any third-party right, including any copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (b) contain any material that is illegal, threatening,
obscene, racist, defamatory, libellous, hateful, pornographic, purposely false or
otherwise injurious to third parties, promotional in nature, promotes any illegal
activity or harm to groups or individuals, or consists of or contain software,
computer viruses, commercial solicitation, political campaigning, chain letters, mass
mailings, any form of “spam” or references to illegal activity, malpractice or false
advertising; (c) violate these Terms or any applicable law or regulation, or these
Terms ; or (d) exploits minors or (e) require obtaining a licence from or paying fees
or royalties to any third party for the exercise of any rights granted in these Terms,
including, by way of example and not limitation, the payment of any royalties to any
copyright owners, including any royalties to any agency, collection society, or other
entity that administers such rights on behalf of others.
e) Inaccurate or Offensive User Submissions. You understand that when using the
application, you may be exposed to user submissions from a variety of sources and
that The Well-Being Collective does not endorse and is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to such
user submissions. You further understand and acknowledge that you may be
exposed to user submissions that are inaccurate, offensive, indecent, orobjectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, THAT The Well-Being Collective , HAS ANY
LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
f) Feedback. If you provide The Well-Being Collective with any comments, bug
reports, feedback, or modifications proposed or suggested by you to the application,
The Well-Being Collective shall have the right to use such feedback at its
discretion, including, but not limited to the incorporation of such suggested changes
into the application. You hereby grant The Well-Being Collective a perpetual,
irrevocable, nonexclusive licence under all rights necessary to incorporate and use
your feedback for any purpose without notice to, consent by or compensation to you
or any third party.
g) Infringing or Illegal Activity. In the event of infringing or other illegal activities,
we have no obligation to, but reserve the right to terminate access to the
application and remove all content submitted by any persons who are found to be
infringers. Any suspected illegal activity may be referred to appropriate law
enforcement authorities. These remedies are in addition to any other remedies The
Well-Being Collective may have at law or in equity.
h) The Well-Being Collective Ratings. You may be required to rate your activities
and/or other The Well-Being Collective experiences that you reserve.
11. Cancellations
● The user can cancel an order before payment has been made.
● The user cannot cancel a confirmed purchase of credits.
● Booked activities can usually be cancelled up to 12 hours before the
start time. Always read the cancellation policy of each activity before
confirming the booking as cancellation times can vary..
● If a user fails to appear for a booking or wishes to cancel the same after
the cancellation deadline they shall forfeit any payment made.
● In the event that a provider is unable to fulfil a booking at the agreed
upon date and time, we will attempt to schedule an alternative
agreeable booking date and time with the same provider.● The Well-Being Collective is not liable when providers do not fulfil a
booking, but will support in finding a solution.
12. Intellectual Property
The Well-Being Collective and/or its affiliates reserve all rights to the application,
as well as all related intellectual property not expressly granted under these terms.
The user acknowledges and accepts that all trademarks (common law or
registered), copyrights (common law or registered) and other content (such as texts,
graphic material, button icons, source codes, and data compilations) displayed on or
used with the application are the property of their respective owners.
All The Well-Being Collective marks and logos, including those associated with the
The Well-Being Collective application, its look and feel, colour selections, layout
and arrangement, constitute the trade dress of The Well-Being Collective. You are
prohibited from using The Well-Being Collective’s trademarks, copyrights and trade
dress, or any colourable imitation thereof, to indicate the source, sponsorship,
approval, affiliation, connection or association of your goods or services without the
prior written consent of The Well-Being Collective.
Furthermore, you acknowledge and accept that all rights, titles and interests
associated with the application, including its intellectual property rights and all
improvements, modifications, revisions, derivative works, non-recurring engineering,
the product of customisation and integration tasks, customer opinions and
suggestions, and white label applications, are and will remain the sole and
exclusive property of The Well-Being Collective. These terms and conditions and
the rights granted herein do not transfer any rights over the application.
No product or image shall be reproduced, duplicated, copied, sold, resold, visited, or
exploited for any purpose, in whole or in part, without the prior written consent of
The Well-Being Collective, without prejudice to the exceptions expressly stated in
the law.
13. Availability of the Application
The user understands and accepts that the application may not always be available
due to technical difficulties or internet failures, or for any other outside reason. TheWell-Being Collective and the suppliers will not be responsible for such
unavailability.
14. Restriction on the Use of the Application
You expressly agree that you will not use the application to violate any law, statute,
ordinance, regulation or treaty, to violate the rights of third parties, or for a use
outside of the customary and intended purposes of the application. Specifically, you
are prohibited from:
● harassing, threatening, stalking, disrupting or defrauding users, members
or staff of The Well-Being Collective or suppliers or any other person, or
otherwise creating or contributing to an unsafe, harassing, threatening or
disruptive environment;
● acting in a deceptive or fraudulent manner by, among other things,
impersonating another person or access another user’s account without
that person’s permission;
● sharing The Well-Being Collective passwords with any third party or
encouraging any other user to do so;
● permitting anyone to use any activities booked under your own
membership, including other members;
● reserving or cancelling any activity directly with a supplier, rather than
through the application,
● interfering or attempting to interfere and interrupting or attempting to
interrupt the operation of the application;
● infringing upon the intellectual property rights of others;
● attempting to gain access to the private data or personal information of
another user or third party;
● using a robot, spider, search or recovery program, or any other automatic
device or process to access the application, servers, or databases;
● impersonating or attempting to impersonate another person or entity or
providing false or misleading personal information;
● transmitting or otherwise making available through the application or in
connection with them any virus,
"worm"
,
"trojan"
,
"time bomb"
,
"web
bug"
, spyware, or any computer code, file, application or program that is
malicious by nature or defective;● using the application for illicit, illegal, or unauthorised purposes;
● copy, reverse-engineer, disassemble, modify, attempt to derive the
source code or create derivative works of any part of the application;
● rent, lease, sell, reproduce, or sublicense access to the application;
● accessing the application to create a product or service that constitutes
unfair competition;
● engaging in off-app/offline transactions with the suppliers; and
● suggesting an affiliation with or endorsement by The Well-Being
Collective.
These are in addition to prohibitions and restrictions found elsewhere throughout
the Terms.
The Well-Being Collective reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion.
15. Defamation
Though The Well-Being Collective may edit, remove, or control the content
displayed through the application, you agree that The Well-Being Collective will
not be considered an information content provider and will not be held liable for the
republication of defamatory or tortious content created by third parties, whether
through the application or otherwise.
16. Third-Party Services and Products
In addition to products offered by the suppliers, you understand that the application
may enable access to third-party products and services and may contain links to
third party websites, applications or services that The Well-Being Collective does
not own or control. You agree that The Well-Being Collective will not be held
responsible or liable for the content of third party products, services, websites or
applications and that The Well-Being Collective’s inclusion of the same within its
application does not constitute The Well-Being Collective’s approval of,
endorsement of, recommendation of, or affiliation with any of those products,
websites, applications or services.Use of third-party products or services may require your acceptance of additional
terms and conditions. Further, the information you make available to third-party
products and services is subject to the privacy policies of such third parties. You will
use any third-party products and services at your own risk.
17. Term and Termination
These terms and conditions will apply to you as soon as you click on the “Accept”
button, and they will remain in effect until your account is cancelled or
unsubscribed. The terms and conditions and the use of the application will end
when your account is terminated or at the time that The Well-Being Collective so
determines, without any right to claim compensation in favour of the user.
The Well-Being Collective may suspend or terminate your right to use or access the
application if you fail to comply with any terms of this agreement. Upon termination,
all rights granted to you under this agreement will cease.
18. Disclaimer
ACTIVITIES AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA
THE APPLICATION ARE PROVIDED BY THIRD PARTIES (AND THE
DESCRIPTIONS OF THE FOREGOING POSTED ON THE APPLICATION ARE
PROVIDED BY SUCH THIRD PARTIES), NOT The Well-Being Collective. YOU
AGREE THAT YOUR USE OF THE APPLICATION AND ATTENDANCE AT,
PARTICIPATION IN, PURCHASE AND/OR USE OF ANY ACTIVITIES IS SOLEL Y AT
YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN
CONNECTION WITH OR WITH RESPECT TO THE APPLICATION AND/OR
ACTIVITIES.
IN NO EVENT SHALL The Well-Being Collective BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN
CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY
CONNECTED WITH A USER’S ATTENDANCE, USE OF OR PARTICIPATION IN A
ACTIVITY, OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OFANY THIRD PARTY. The Well-Being Collective PROVIDES ACCESS TO
SUPPLIERS’ ACTIVITIES. The Well-Being Collective IS NOT OTHERWISE
CONNECTED TO, NOR IS AN AGENT OF ANY THIRD PARTY WITH WHICH A
USER HAS MADE A RESERVATION. WITHOUT LIMITING ANYTHING HEREIN, The
Well-Being Collective DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, RELATED TO ANY ACTIVITIES, ACTIVITIES, OR OTHER SERVICES
OFFERED BY STUDIOS VIA THE APPLICATION.
UNLESS OTHERWISE EXPRESSL Y STATED BY The Well-Being Collective, ALL
ASPECTS OF OR CONTENT OR FEATURES MADE AVAILABLE THROUGH THE
APPLICATION AND/OR ACTIVITIES ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The
Well-Being Collective, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL
WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
UNLESS OTHERWISE EXPRESSL Y STATED BY The Well-Being Collective, The
Well-Being Collective, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS (I) THAT THE APPLICATION AND /OR ANY
ACTIVITY IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II)
REGARDING THE ADEQUACY OR SAFETY OF ANY ACTIVITY OR
RECOMMENDATION, (III) THAT THE APPLICATION AND/OR ANY ACTIVITY, OR
ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR
JURISDICTION, (IV) THAT THE APPLICATION, OR ANY ASPECT THEREOF WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE APPLICATION AND ANY DOWNLOADABLE SOFTWARE,
CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION
WITH OR THROUGH THE APPLICATION OR THE SERVER THAT MAKES THEM
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V)
REGARDING THE USE OF THE APPLICATION AND ANY DOWNLOADABLE
SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN
CONJUNCTION WITH OR THROUGH THE APPLICATION IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTANDAND AGREE ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN THROUGH THE USE OF THE APPLICATION IS AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLEL Y RESPONSIBLE FOR
ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESUL TS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
19. Waiver
YOU UNDERSTAND THAT The Well-Being Collective IS NOT A GYMNASIUM,
PLACE OF AMUSEMENT OR RECREATION, HEAL TH CLUB, FACILITY, FITNESS
STUDIO OR SIMILAR ESTABLISHMENT AND THE ACTIVITIES THEY PROVIDE
ARE OPERATED AND DELIVERED BY THE APPLICABLE SUPPLIER AND NOT BY
The Well-Being Collective. The Well-Being Collective IS NOT RESPONSIBLE FOR
THE QUALITY OF ANY ACTIVITY PROVIDED BY A SUPPLIER OR THIRD PARTY
(INCLUDING BUT NOT LIMITED TO THE FACILITY, INSTRUCTOR OR
CURRICULUM). YOU ARE SOLEL Y RESPONSIBLE FOR DETERMINING WHETHER
THE ACTIVITY OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE
APPLICATION AND/OR ACTIVITIES ARE RIGHT FOR YOU.
YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND
DANGERS IN EXERCISING AND THAT THE ACTIVITIES YOU MAY ATTEND OR
PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY
USING The Well-Being Collective (INCLUDING BUT NOT LIMITED TO ATTENDING,
PARTICIPATING IN OR USING A ACTIVITY), YOU ACKNOWLEDGE AND AGREE,
ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES
AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE,
BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODIL Y
INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT
BE ELIMINATED AND YOU SPECIFICALL Y ASSUME THE RISK OF INJURY OR
HARM.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO
CONSUL T WITH YOUR PHYSICIAN OR OTHER HEAL TH CARE PROFESSIONAL
PRIOR TO USING The Well-Being Collective (INCLUDING BUT NOT LIMITED TO
ATTENDING, PARTICIPATING IN OR USING A ACTIVITY) AND TO DETERMINE IFAND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE ACTIVITIES
IF YOUR PHYSICIAN OR HEAL TH CARE PROVIDER ADVISES AGAINST IT. IF YOU
EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY
TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATEL Y.
YOU ALSO UNDERSTAND AND AGREE THAT THE APPLICATION OFFERS
FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR
INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONL Y.
NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY
ASPECT OF THE APPLICATION AND/OR A ACTIVITY IS INTENDED TO BE, AND
MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR
COUNSELLING CARE. YOU SHOULD NOT REL Y ON ANY INFORMATION ON OR
THROUGH THE APPLICATION AND/OR A ACTIVITY AS A SUBSTITUTE FOR, NOR
DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR
HEAL TH OR FITNESS LEVEL, YOU SHOULD AL WAYS CONSUL T A PHYSICIAN OR
OTHER HEAL TH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR
DELAY OBTAINING MEDICAL OR HEAL TH RELATED ADVICE FROM YOUR
HEAL TH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE
READ OR HEARD ON OR THROUGH THE APPLICATION AND/OR A ACTIVITY.
THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION
PROVIDED ON OR THROUGH The Well-Being Collective IS SOLEL Y AT YOUR
OWN RISK.
THE APPLICATION IS CONTINUALL Y UNDER DEVELOPMENT AND The
Well-Being Collective MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR
ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT
THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION
WITH THE APPLICATION. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE
OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE APPLICATION
AND/OR A ACTIVITY WILL AL WAYS INCLUDE THE MOST RECENT FINDINGS OR
DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, The
Well-Being Collective, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES,
AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS,EMPLOYEES, CONSUL TANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND
AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM
ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES,
COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY
WAY RELATED TO YOUR PARTICIPATION IN OR USE OF THE APPLICATION
AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF
ANY ACTIVITY) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODIL Y
INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.
20. Limitation of Liability and Damages
NOTHING IN THESE TERMS (INCLUDING BUT NOT LIMITED TO THE
“DISCLAIMERS” ABOVE AND LIMITATIONS OF LIABILITY BELOW) IS INTENDED
TO EXCLUDE OR LIMIT ANY LIABILITY THAT WE MAY HAVE TO YOU BY
OPERATION OF APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR
FRAUDULENT MISREPRESENTATION. IT IS ACKNOWLEDGED HOWEVER, THAT
WE ACCEPT NO LIABILITY FOR THE NEGLIGENCE OF THIRD PARTIES,
INCLUDING ANY GYM, STUDIO, SPORTS VENUE, SPA OR SIMILAR WHERE YOU
MAY REDEEM ELIGIBLE ACTIVITIES. ADVICE ABOUT YOUR LEGAL RIGHTS IS
AVAILABLE FROM YOUR LOCAL CITIZENS' ADVICE BUREAU OR TRADING
STANDARDS OFFICE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
WILL The Well-Being Collective OR ITS AFFILIATES, CONTRACTORS,
EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR
EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE
APPLICATION, INCLUDING THOSE THAT RESUL T FROM THE USE OR THE
INABILITY TO USE THE MATERIALS ON THE APPLICATION, OR ANY OTHER
INTERACTIONS WITH The Well-Being Collective, EVEN IF The Well-Being
Collective OR A The Well-Being Collective AUTHORISED REPRESENTATIVE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPL Y TO YOU. IN SUCH CASES, The Well-BeingCollective’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
21. Supplier Waivers and Terms
Members booking activities are deemed to agree to the liability waivers and terms
of individual suppliers. Your participation in any activity may be subject to additional
policies, rules or conditions of the applicable supplier and you understand and
agree that you may not be permitted to reserve or attend activities or services if you
do not comply with these Terms or the policies of the supplier or as otherwise
determined by a supplier. If you have questions about a supplier’s waiver or other
terms, please see the applicable supplier’s website or contact the supplier directly.
22. Indemnification
The user agrees to hold harmless, indemnify, and defend The Well-Being
Collective, its officers, employees, agents, successors, and assigns, from and against
any and all claims, demands, losses, damages, rights, and actions of any kind,
including, but not limited to, property damage, infringement, personal injury, and
death, that either directly or indirectly arise out of or are related to your use of the
application, your use or the provision to you of any services made through the
application, your violation of any term or condition of this agreement, your violation
of any applicable law, statute, ordinance, regulation or treaty, whether local, county,
national or international, or your violation of the rights of a third party.
The user’s obligation to defend The Well-Being Collective under the terms of this
agreement will not provide you with the right to control The Well-Being Collective’s
defence, and The Well-Being Collective reserves the right to control their defence
and choose their counsel regardless of your contractual requirement to indemnify
The Well-Being Collective.
23. Modifications to Terms and Conditions
Users accept and acknowledge that The Well-Being Collective may modify these
terms and conditions, at any time, and without the need for prior notice. Therefore,
the updated version of the same shall be deemed known and accepted by users on
each occasion that they use the application. The updated version of these terms andconditions will be available on the application, and the modifications will be
effective twenty-four hours after publication. Such modifications will be
communicated by The Well-Being Collective to users who have indicated that they
wish to receive notifications regarding the modifications to the terms and
conditions. Notwithstanding the foregoing, it is recommended that all users review
these terms and conditions each time they use the application since the use of the
application implies their full acceptance and knowledge.
24. Governing Law and Jurisdiction
This agreement will be interpreted, governed, construed, and enforced in
accordance with the laws of the Republic of Kenya. The parties submit to and agree
to the jurisdiction of the Kenyan courts.
25. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and
obligations under this agreement. The Well-Being Collective may assign its rights
and obligations under this agreement at any time, including but not limited to in a
sale of the application.
26. The Data Protection Act and Children
The application is not aimed at persons under the age of eighteen and The
Well-Being Collective will not knowingly collect personally identifiable information
from children under the age of eighteen. If The Well-Being Collective inadvertently
collects such personally identifiable information, The Well-Being Collective will
delete the personally identifiable information in accordance with its security
protocols immediately after it becomes aware that the information is in respect of a
minor.
27. Force Majeure
Neither party will be in default for failing to perform any obligation, other than
payment of monies, if the failure is caused solely by conditions beyond the parties’respective control, including acts of God, civil commotion, strikes, terrorism,
pandemics, illegal acts of third parties, power outages, or governmental demands
or restrictions.
28. Integration
The Well-Being Collective hereby incorporates its privacy policy into these terms.
These terms and its incorporated privacy policy constitute the entire agreement
between the parties with respect to the use of the application, and their associated
services. You acknowledge and agree that any additional provisions that may
appear in any communication from you will not bind The Well-Being Collective.
29. Notifications
Any notice required by these terms or any questions that users may have in relation
to these terms must be in writing and must be emailed to
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