terms and conditions

UP A NOTCH SDN BHD ("WO Studios") – Website Terms of Use

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE STARTING TO USE THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.

Terms and conditions of use.

Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time by amending this page.

By using our website you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions of use, you must not use this website.

All electronic links to any part of this site require our consent. Please email requests to ask.wostudios@gmail.com. Where consent is not obtained we reserve the right to remove any link at any time. Please also refer to clause 1.19.

1 General

1.1 This website is provided by Up A Notch Sdn Bhd, a company incorporated in Pulau Pinang, Malaysia (Company Number 1309921-X), whose registered office is at 51-21-A MENARA BHL BANK, JALAN SULTAN AHMAD SHAH, 10050, GEORGE TOWN PULAU PINANG MALAYSIA (“WO Studios”).

1.2 References on this website and in these terms and conditions to:

1.2.1 “WO Studios” or “we” or “our” or “us” shall mean Up A Notch Sdn Bhd and/or its affiliated undertakings;

1.2.2 “Classes” means any exercise class provided by us or on our behalf at any of our Studios, as published on our website from time to time and ‘Class’ shall be construed accordingly;

1.2.3 “Class Rules” means the rules applicable to all users of our Classes as set out in clause 3 of these terms and conditions and as may be updated by us from time to time;

1.2.4 “Class Purchase” means credits purchased by you via this website and used to make bookings for Classes;

1.2.5 “Services” shall mean services available to you via this website, including the booking of Classes;

1.2.6 “Studios” means any of our studios or other premises where we offer Classes, as published on our website from time to time; and

1.2.7 “You” or “your” shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity “you” and “your” shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions and you are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

1.3 If you are a consumer or business user, please note that we only provide our website for domestic and private use. You agree not to use this website for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

1.4 Whilst we endeavour to ensure that content on the website is accurate at the date of publication, no warranties or representations are given as to its accuracy, completeness, reliability, suitability or quality. Content may subsequently be superseded and we give no guarantees that content will be updated after the date of publication. As such, we accept no responsibility for the accuracy, completeness, reliability, suitability or quality of any content on the website and to the fullest extent permissible by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it (whether express or implied) and all liability (save in respect of death or personal injury caused by negligence and for fraud) for any loss or damage caused by using or relying upon the content appearing on this website. In particular, we will not be liable to you or any third party for any indirect or consequential loss or damage not including any financial loss, loss of profit, revenue or business, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation.

1.5 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.

1.6 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.

1.7 The trade marks, logos and trade names displayed on the website (“Marks”) are the property of Up A Notch Sdn Bhd 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.

1.8 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.

1.9 We cannot guarantee that this website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this website please contact us by email at ask@wostudios.co and we will endeavour to correct it.

1.10 We make no claims that any material contained on the website can be lawfully viewed or downloaded outside of the Malaysia. Access to materials may not be legal by certain persons or in certain countries. If you are accessing the website from outside Malaysia, you do so at your own risk and are responsible for compliance with laws in your jurisdiction.

1.11 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.

1.12 You should only access this website using a computer linked to a secure network.

1.13 You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this 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 clause you would commit a criminal offence under the Computer Crimes Act 1997. 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 clause.

1.14 We do not monitor or edit documents, files or commentary posted or provided to us by other persons for posting on this website and accordingly we do not accept any responsibility for their content or for any damage or loss you may suffer. The views expressed by other users on our website do not represent our views or values.

1.15 If you decide to access any third party websites linked to this website, you do this entirely at your own risk and we will not be liable for any loss or damage that may arise from your use of them. We provide these links merely for convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such websites. You may be subject to the terms of use applicable to such third party sites.

1.16 If you would like to link to this website, you may only do so with our prior written consent which may be requested by email to ask.wostudios@gmail.com and subject to the following terms and conditions:

1.16.1 You must not replicate this website;

1.16.2 You may only link to this website in a way that is fair and does not damage our reputation or take advantage of it;

1.16.3 You must not remove, distort or otherwise alter the size or appearance of the WO Studios logo and content;

1.16.4 You must not create a frame or any other browser or border environment around this website;

1.16.5 You must not create a link to any part of this website other than the homepage https://www.wostudios.co/ or https://www.wostudiospenang.com;

1.16.6 You must not in any way imply that WO Studios is endorsing any products or services other than its own;

1.16.7 You must not misrepresent your relationship with WO Studios nor present any other false information about WO Studios;

1.16.8 You must not use or display on your website any trade marks or logos or any trading name of WO Studios without express prior written permission from us (and by accepting these terms you acknowledge that all rights in such trade marks, logos and trading names in all parts of the world are vested in WO Studios;

1.16.9 You must not link from a website that is not owned by you;

1.16.10 Your website must not in any way be indecent or inappropriate or incompatible with our reputation; and

1.16.11 You will comply with any direction that we may give in relation to the link to this website and/or to the use or display of our trading names, trade marks and logos.

1.17 We expressly reserve the right to revoke our consent for you to link to our website at any time at our discretion and without notice and to direct you to remove from your website any links to this website, our trading names, trade marks and logos and, if any provisions of clause 1.19 have been breached, to take any action we deem appropriate against you.

1.18 You shall fully indemnify us and any of our group companies for breach of clause 1.19. This means that you will be responsible for any loss or damage we suffer as a result of your breach of clause 1.19.

1.19 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 terms and conditions of use. 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 terms and 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.

1.20 Except as expressly permitted by clause 1.22 and as may be required in order to link to our website with our prior written consent in accordance with clause 1.19, you may not (except to the extent required in order to use this website in accordance with these terms and 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.

1.21 We reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website.

1.22 Any dispute arising between you and us in relation to this website shall be governed by Malaysian law.

1.23 If you are a consumer, please note that you and we both agree that the Judiciary of Malaysia will have non-exclusive jurisdiction for the purposes of any such dispute.

1.24 If you are a business, we both agree to the exclusive jurisdiction of the courts of Judiciary of Malaysia for the purposes of any such dispute.

1.25 If any of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1.25.1 The legality, validity or enforceability in that jurisdiction of any other term or condition, which shall continue to have full force and effect; or

1.25.2 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.

1.26 A person who is not a party to these terms and conditions may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

1.27 No waiver of any of these terms and conditions shall be valid unless provided in writing by us.

1.28 Where you attend a Class and/or book to attend a Class, you must observe the Class Rules set out below.

2 Class rules

2.1 You must be aged 16 years or over to attend any of our Classes or to use any of our facilities at our Studios. If Participant’s age is below 16, please acquire the rectification to participate in the service of WO STUDIOS from their parent(s)/guardian(s).

2.2 Where you are booked to attend a Class, you must turn up in good time before the start of the Class to enable the instructor to commence the Class at the advertised time. We reserve the right to refuse admittance to latecomers.

2.3 You are responsible for correctly using our facilities and agree to observe the conditions in the Health Commitment Statement which you agreed to when registering for an account on the website. A copy of the Health Commitment Statement is available here or a hard copy is available at all of our locations.

2.4 You acknowledge that our staff, agents and subcontractors are not medically qualified, so if you have any doubts about your fitness or capability to exercise, you must obtain prior advice from a doctor.

2.5 We reserve the right to ask you to leave a Class and/or refuse you access to our Studios if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Class Rules or it would otherwise be in the interest of other users of the Studios or participants in our classes.

2.6 You acknowledge that class timetables and instructors are subject to change from time to time. We will endeavour to give you prior notice wherever possible.

2.7 You bring all personal belongings to our Studios at your own risk. We do not accept responsibility for any loss or damage to these items before, during or after your attendance at a Class.

3 PURCHASING CLASS/PACKAGES

3.1 All Classes are booked via pre-paid packages. To book a Class, your account must first be loaded with at least one of the packages that contains Class Credits. Packages can be purchased online via our website or direct message our social media pages.

3.2 Prices for packages are available on our website and shall be determined by us from time to time. Multiple classes may be purchased as packages and passes at discounted rate.

3.3 All Packages have an expiry date and cannot be redeemed after that expiry date has passed. WO Studios reserves the rights to change or amend the conditions of any other packages that is listed and not listed here.

3.4 Packages and Class bookings are non-transferable and you should not allow anyone else to book Classes using your Credits. If you wish to book a friend into a Class you can use 1 of your class credit, however you must be the one to book them in.

3.5 Subject to any statutory right of cancellation, payments for Packages are non-refundable unless otherwise stated in these Conditions.

3.6 You may be given access to promotional codes in connection with any sales or marketing campaigns we are running at any given time. Promotional codes are unique to each offer; offers are subject to our discretion and may be withdrawn at any time and without notice.

3.7 Promotional codes cannot be re-used and are valid for one use per customer.

3.8 You may be issued with “Bring A Friend” to book a friend into a Class you are booked to attend. You may cancel a Class booked using a Bring a Friend in accordance with clause 4.4.

3.9 Where you book a Class for a friend using your package, your friend must sign a Health Commitment Statement on their entry to the Studio prior to commencement of the Class. You must ensure your friend is aware of and adheres to the Class Rules at all times.

4 HOW TO BOOK A CLASS

4.1 You can access Class timetables and instructor information on our website. Once you have registered your details (or, where you are already registered, after you have logged in using your username and password), you can check availability and book Classes in advance online.

4.2 When you book a Class, one Credit (Class) will be deducted from your account.

4.3 We make every effort to ensure that there are a suitable number of Classes available at different times of the day. However, Classes are subject to availability and we do not guarantee that spaces will be available in any given Class, even if you have sufficient Credits in your account.

4.4 You can cancel a booking up to 12 hours before the Class time, and receive a refund of your Credit. If you cancel your class with less than 12 hours’ prior notice, you will lose your credit.

4.5 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. When you join the waitlist, one Credit will be deducted from your account.

4.6 If you join the waitlist and a space becomes available, users on the waitlist will be allocated a space on a first come first served basis, up to 12 hours before the Class. You will be notified by e-mail and text message if you are automatically added to a Class.

4.7 If you are allocated a place on a Class from the waitlist, the normal cancellation rules will apply.

4.8 If you are on the waitlist and have not been allocated a place 12 hours before the Class, we will refund your Credit to your account.

4.9 In the event of late cancellations in the 12 hours before a Class, we will email all people on the waitlist who did not receive a place. To secure your place, you must click on the link in the email.

4.10 If you are on a waitlist and you no longer wish to secure a place in the relevant Class, please make sure you cancel your place on the waitlist.

4.11 If we cancel a class, your Credit will be refunded.

5 Privacy Policy

5.1 Our Privacy Policy sets out the terms on which we process and use any personal data we collect from you or that you provide to us. By using this website you consent to such processing and terms and you warrant that all data provided by you is accurate. Our privacy policy also contains information on our use of cookies, more details of which are set out in our Cookie Policy

6 Marketing

6.1 From time to time we may use any of the information you submit to us, including personal data, to provide you with marketing information about us. This is also explained in our Privacy Policy.

7 YOUR USERNAME AND PASSWORD

7.1 Certain areas of our website may only be accessed by registering with us or by logging in with a username and password. This includes the Class booking pages.

7.2 Please contact us by email at ask.wostudios@gmail.com if you have any problems accessing pages of our website due to issues with the registration process or your log-in details.

7.3 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 at ask.wostudios@gmail.com as soon as possible.

7.4 We reserve the right to disable your user identification or password used to access this website at any time if in our reasonable opinion you have failed to comply with these terms and conditions.

7.5 We cannot guarantee that unauthorised people will not be able to access confidential information hosted on or downloaded from this website.

7.6 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 or to any other area of our computer system or network; nor will you attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

7.7 You should be aware that some of the documents, files and other information available on our website may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation. To the extent that your jurisdiction does not have in force data protection legislation at least as stringent as that applying in England from time to time you undertake to treat such personal data as if it were subject to the legislation applying in England from time to time to the extent it is more stringent.

7.8 We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security at ask@wostudios.co.

7.9 Subject to clause 5.11, we shall not be liable for any loss or damage whatsoever resulting from your use of an area of this website which is only accessible with a username and password other than in accordance with these terms and conditions including, but without limitation, any special, consequential or indirect loss, any loss of profit or goodwill, any loss of data or for any business or economic loss arising out of the use of or the inability to use an area of this website which is only accessible with a username and password. We do not charge you any separate fee for access to and use of any areas of the website which are only accessible with a username and password. On this basis you agree that these terms and conditions, and in particular the limits on our liability and obligations, are fair and reasonable.

7.10 If you are accessing an area of this website which is only accessible with 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 the Services. These statutory rights will not be affected by any statement contained in these terms and conditions.

8 CONTACT

8.1 For general enquiries relating to our website, these terms and conditions or the Services, please email us at ask.wostudios@gmail.com.