TERMS & CONDITIONS

Ocean Health Club 

Line Group

57/63 Line Wall Road

POX 199

Gibraltar

GX11 1AA

00350 200 42513

Registered Company Number: 99353

 

Please read carefully the following Terms of Use, which may be updated by Ocean Health Club from time to time by Ocean Health Club (these “Terms”). These Terms define your and Ocean Health Club’s rights and obligations. The most current version of these Terms can be accessed at any time at www.reshape-rumble.gi (the “Site”). Changes to these Terms will be notified via posting on the Site (or other written notice to you).

 

ACCEPTANCE OF TERMS OF USE

By accessing, browsing, and/or using the Site and/or any facility operated by Ocean Health Club (a “Club”), you accept and agree to be bound to these Terms. In addition, when using particular Ocean Health Club services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.

 

OCEAN MEMBERSHIPS(*)

You must be 16 years of age or older to use this Site or to purchase an OCEAN Package, anu person under 18 years old need to ce accompained by their parent/legal tutor.

- members can cancel your membership anytime, with just 1 month’s full payment of notice.

- Customers can freeze/suspend the membership at any time and your monthly fee will be reduced to £10 per month. A freeze is for a minimum 1 month and maximum 2 years. A freeze period must be in full calendar months.

- Membership price plans can be changed and amended to other membership packages.

-  All memberships must be paid for by Direct Debit. Pay at the club, this will incur a change of membership package with an increase of £5.00 administration fee per month.

- To cancel, freeze or amend a membership you must fill out a form and sign at reception. 1 full calendar month notice is always applicable. If for any reason you cannot visit the club, then please contact Head Office. Amendments or cancellations cannot be processed over the telephone.

-Changing or cancelling your Direct Debit will not change the status of your membership.

-Replacement membership cards will be issued at reception at the cost of £5.00 per card.

-Ocean Health Club is a private member’s facility and reserves the right to refuse entry, terminate or withdraw a member’s contract at any time.

-On occasion, gym photos and videos may be posted on the Ocean Health Club website, Facebook page, or others social media platforms. On occasions members may appear on the background, If you don’t agree to appear on these please inform us immediately during the shoot.

(*) Employee memberships run under different Terms, please contact your Human resources department for further information.  

OCEAN CLASSES

OCEAN membership holders receive free access to all the classes in the timetable. Such classes may be available until such time that the club considers these are no longer suitable for the business.

Members would be able to sign up for the class at reception desk from 15min prior the class start time. Ocean Health Club makes no guarantee on the availability of classes as access to classes is on a space-available basis.

 

PERSONAL TRAINING

Payments: Packages must be paid in full prior to scheduling the sessions.

All sessions must be used within 12 weeks of purchase date, any sessions outstanding after this period will be lost.

Cancellations and Rescheduling: When a client schedules a session, a block of time is reserved specifically for that client. Time is valuable for both us and our clients. Therefore, 24-hour notice is required to cancel or reschedule a session. Should a 24-hour cancellation or rescheduling notice not be given, that session will be deducted from the client’s package of purchased sessions.

To cancel or reschedule an appointment, please call (00350) 200 44242 for staff, contact your personal trainer directly for Freelances.

As a courtesy to our clients and because we realize emergencies do occur, clients may cancel or reschedule a session up to 4 times per year outside the 24-hour cancellation and rescheduling policy by giving us a minimum 3-hour notice. If a client chooses to use this option and gives at least a 3-hour notice, that session will not be deducted from the client’s package of purchased sessions. However, a cancelled or rescheduled session will still be deducted from the client’s package of purchased sessions if less than a 3-hour notice is given in any case.

Similarly, this policy applies to our staff. Should a situation arise when we have to cancel or reschedule a session with a client, we will do our best to provide the client with 24-hour notice. If we cannot provide 24-hour notice, we will not deduct that session from the client’s package of purchased sessions.

No-Show Policy: Should a client fail to show up for a scheduled session without either cancelling or rescheduling, that session will be deducted from the client’s package of purchased sessions.

 

Refunds: Sorry, there are no refunds for Personal Training purchases. Would a member of the staff discontinue the contract with us, the remaining sessions would be transferred to another internal Personal Trainer.

Would a Freelance Personal trainers discontinue the contract with us, he/she compromises to transfer paid sessions to another Personal Trainer or refund the client the total value of the remaining sessions.

 

TERMINATION BY Ocean Health Club

You agree that Ocean Health Club, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Ocean Health Club or use of the Site and/or Club and remove and discard all or any part of your account or any content uploaded by you, at any time. Ocean Health Club may also in its sole discretion and at any time discontinue providing access to the Site and/or Club, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof and/or Club may be effected without prior notice, and you agree that Ocean Health Club will not be liable to you or any third party for any such termination, provided that, if Ocean Health Club terminates your account other than due to breach by you of these Terms, Ocean Health Club shall refund a pro-rata proportion of the fee paid for theOV Package in which such termination takes effect. Ocean Health Club does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site and/or Club may be referred to appropriate law enforcement bodies. These remedies are in addition to any other remedies that Ocean Health Club may have at law.

Applicable only to corporate accounts authorized by us: If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.

You agree that the information you provide to Ocean Health Club on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.

 

PRIVACY

Your privacy is important to Ocean Health Club. The Ocean Health Club Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Ocean Health Club’s collection, use, and disclosure of your personal information.

 

PROHIBITED CLUB CONDUCT

By using the Site, you promise to:

Respect our facility

Respect our procedures

Respect our teams

Respect our customers

Respect our product

 

OWNERSHIP; PROPRIETARY RIGHTS

The Site is owned and operated by Ocean Health Club. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Ocean Health Club (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Ocean Health Club or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Ocean Health Club or its affiliates and/or third-party licensors. Except as expressly authorized by Ocean Health Club, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

 

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. Ocean Health Club does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Ocean Health Club makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

 

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT Ocean Health Club WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

DISCLAIMERS; NO WARRANTIES

YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL Ocean Health Club 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 OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE IN CONNECTION WITH THE SERVICES.

UNLESS OTHERWISE EXPRESSLY STATED BY Ocean Health Club, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE 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, Ocean Health Club, 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 EXPRESSLY STATED BY Ocean Health Club, Ocean Health Club, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (1) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (2) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

 

WAIVER

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

 

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. 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 Ocean Health Club 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 CLUB AND/OR THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE FACILITIES IN THE CLUB OR THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH Ocean Health Club, EVEN IF Ocean Health Club OR A Ocean Health Club AUTHORIZED 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 APPLY TO YOU. IN SUCH CASES, Reshape &Rumble’s LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

DISPUTE RESOLUTION

General. Generally, if a dispute arises between Ocean Health Club and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Ocean Health Club agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

Choice of Law; Forum. These Terms shall be governed in all respects by the laws of Gibraltar, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Ocean Health Club must be resolved by a court located in the Gibraltar, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Gibraltar for the purpose of litigating all such claims or disputes.

 

MISCELLANEOUS

Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement. This (including the documents referred to herein), is the entire agreement between you and Ocean Health Club relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Ocean Health Club as set forth in the Preamble to these Terms.

Disclosures. The services hereunder are offered by Atlantic Suites Health Club Limited, a limited liability company incorporated and registered in Gibraltar with company number 99353, whose registered office is located at 57/63 Line Wall Road, PO BOX 119, Gibraltar.

 

ELIGIBILITY

Membership is void where prohibited. This website is intended solely for Users who are 13 years of age or older. Any registration by, use of or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using OV Services or the website, you represent and warrant that you are 13 or older and that you agree to abide by all of the terms and conditions of these Terms of Service. Minors between the ages of 13 and 18 may register on our website only with the involvement of a parent or guardian.