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Zenpass Marketplace Terms & Conditions

Welcome to Zenpass Marketplace!

These Terms of Use (“Terms”) are a contract between you and Zenpass LTD (“Zenpass” or “we”) and govern your access to and use of any Zenpass website, or content (the “Site”) or any recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through Zenpass (collectively, “Experiences”).

Please read these Terms carefully before accessing and using the Site or Experiences.

Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and/or using the Site and/or Classes.

Terms

  • a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
  • b) Amendment of Terms. Zenpass may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
  • c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Zenpass Privacy Policy is hereby incorporated by reference.

Zenpass Platform

  • a) Zenpass Platform. The Zenpass platform enables consumers to reserve, schedule, purchase, access and attend a wide range recreational and wellness Classes offered and operated by studios, practitioners, venues or other third parties (collectively, “Providers”). Zenpass itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment.
  • b) Membership Options. The only way to participate in Zenpass is through non-subscription purchases. This option gives you the choice of different classes, events and 1-1 sessions 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. Zenpass makes no commitment on the quantity, availability, type or frequency at which such classes, 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.
  • g) Non-Subscription Purchases. Zenpass may permit you to purchase certain products or Classes through the Site. 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.
  • i) Use of Zenpass. Your Zenpass account is personal to you and you agree not to create more than one account. You cannot transfer or gift Classes to third parties or allow third parties to use your Zenpass account, including other Zenpass users. You must not use or exploit the Site and/or Classes for commercial purposes. To use your Zenpass account you must have access to the Internet. We continually update and test various aspects of the Zenpass platform. We reserve the right to, and by using our Site and/or Classes you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Zenpass may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to Zenpass 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 unauthorized users.
  • j) Eligibility Criteria. The availability of all or part of our Site and/or Classes 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 Zenpass 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 Site and/or Classes and/or to purchase a session through Zenpass.

PLEASE ENSURE YOU ARE VIEWING THE TERMS OF USE FOR THE COUNTRY IN WHICH YOU ARE LOCATED. THE COUNTRIES IN WHICH ZENPASS OPERATES AND THE TERMS APPLICABLE TO EACH COUNTRY CAN BE FOUND HERE. ACCESS TO OUR SITE IS NOT PERMITTED FROM JURISDICTIONS WHERE WE DO NOT OPERATE. THESE TERMS ARE APPLICABLE TO USERS IN THE UNITED KINGDOM AND EUROPEAN COUNTRIES WHERE ZENPASS IS AVAILABLE. THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY ZENPASS. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED KINGDOM OR A EUROPEAN COUNTRY WHERE ZENPASS OPERATES, AT LEAST 18 YEARS OLD, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

Fees, Billing, Cancellation

  • a) Non-subscription purchases :When you sign up and purchase your class/event/ 1-1 Session using Zenpass, you will be billed immediately for the single item purchased. We use Stripe as our payment processor, an encrypted and safe payment gateway. When booking a session, you will be redirected to the payment page. On this page, you can complete your payment using the most common payment systems, including Apple Pay, Visa, Mastercard, and others. You should be prepared to make your payment upfront to secure your booking with the chosen practitioner. This upfront payment confirms the session and helps in managing the schedule effectively for both you and practitioners.
  • b) Cancellations: At ZenPass, we understand that plans can change, so we've designed our cancellation and rescheduling policy to be as flexible as possible while respecting the time of our Providers.For private sessions and classes bookings:
    • If you cancel more than 24 hours before the service, you are entitled to a full refund, minus processing fees.
    • If you cancel within 24 hours of the service, the booking is non-refundable due to the short notice.

    For events bookings:

    Events are non-refundable to honour the organiser's time and effort in preparing. However, we acknowledge that exceptional circumstances can occur. If you have specific concerns or situations, please don’t hesitate to reach out to us via email at contact@zen-pass.com. We are committed to reviewing each case individually to find the best possible solution.

    If a cancellation is made by a provider, you will receive a full refund.

  • c) 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 Zenpass website or mobile applicable 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.

Termination or Modification by Zenpass

You agree that Zenpass, 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 Site, your membership and/or Classes (or any part thereof including but not limited to your access to any or all Providers, credits or classes or services) you may have with Zenpass or use of the Site 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 Site including of your subscription.

Zenpass may also in its sole discretion and at any time discontinue providing access to the Site, 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 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 Site. Zenpass 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 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, Classes and/or the Site, 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 Zenpass 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 Zenpass deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. Zenpass may block your access to the Site to prevent re-registration.

Privacy

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

Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of Zenpass or Providers or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
  • Share Zenpass passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any classes booked under your own membership, including other members;
  • Reserve or cancel any class directly with a Provider, rather than through the Site;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  • Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  • Upload material (e.g. virus) that is damaging to computer systems or data of Zenpass or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  • Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  • Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Site;
  • Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  • Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

Zenpass reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

User Submissions

  • a) General. The Site provides 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 Site (“User Submissions”). User Submissions also include reviews, ratings and other feedback (“Reviews”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. Zenpass does not guarantee 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 Zenpass’ platform), including any Venue, may read or have access to your Reviews. Zenpass 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, Zenpass. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not Zenpass, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Site.
  • c) Right to Remove or Edit User Submissions. Zenpass makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Zenpass 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 Zenpass determines in its sole discretion to violate the standards of this Site. Zenpass takes no responsibility and assumes no liability for any User Submissions.
  • d) License Grant by You to Zenpass. By accessing and/or using our services, you hereby grant Zenpass and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Zenpass Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license 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 Site and Zenpass’s (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as “moral rights” in your User Submissions, for example the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.
  • e) 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 licenses, rights, consents, and permissions to use and authorize Zenpass 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 Zenpass and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Zenpass’s or any Zenpass Licensee’s use of such User Submissions pursuant to these Terms, and Zenpass’s or any of Zenpass Licensee’s exercise of the license 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, libelous, 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 license 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.
  • f) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Zenpass 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, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER ZENPASS (NOR ANY MEMBER OF THE ZENPASS GROUP OF COMPANIES (WHICH INCLUDES ZENPASS INC. (USA) AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.
  • g) Feedback. If you provide Zenpass with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Zenpass shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Zenpass a perpetual, irrevocable, nonexclusive license 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.
  • h) 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 Site 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 Zenpass may have at law or in equity.
  • i) Zenpass Ratings. You may be required to rate your Classes/Events/ 1-1 Sessions and/or other Zenpass experiences that you reserve.
  • j) Advertising. You give us permission to use and display your User Submissions next to or in connection with ads, offers, and other messages to your Zenpass friends, without any compensation or advance notice. We may, for example, send an email to one of your Zenpass friends to encourage them to join you in a class. You can update your preferences at any time by navigating to the Privacy Settings.

Ownership; Proprietary Rights

The Zenpass website is owned and operated by the Zenpass group of companies. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Zenpass (“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 your User Submissions, all Materials contained on the Site are the copyrighted property of Zenpass or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.. All trademarks, service marks, and trade names used by us on the Site are proprietary to Zenpass or its affiliates and/or third-party licensors. Except as expressly authorized by Zenpass, 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 and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.

Third-Party Sites, Products and Services; Links

The Site may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Zenpass 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, Zenpass 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. Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT ZENPASS 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 THIRD PARTY ON THE SITE.

Disclaimers

CLASSES AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT ZENPASS. YOU AGREE THAT YOUR USE OF THE SITE AND ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF ANY CLASSES IS SOLELY 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 SITE AND/OR CLASSES. IN NO EVENT SHALL ZENPASS 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 CLASS, OR PRODUCT, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. ZENPASS PROVIDES ACCESS TO STUDIOS' CLASSES. ZENPASS 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, ZENPASS 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 CLASSES, ACTIVITIES, OR OTHER SERVICES OFFERED BY STUDIOS VIA THE SITE. UNLESS OTHERWISE EXPRESSLY STATED BY ZENPASS, ALL ASPECTS OF OR CONTENT OR FEATURES MADE AVAILABLE THROUGH THE SITE AND/OR CLASSES 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, ZENPASS, 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 ZENPASS, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND /OR NY CLASS IS SUTIABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY CLASS OR RECOMMENDATION, (III) THAT THE SITE AND/OR ANY CLASS, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION, (IV) THAT THE SITE, OR ANY ASPECT THEREOF 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 (V) 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 ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Waiver

YOU UNDERSTAND THAT ZENPASS IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE PROVIDERS. ZENPASS IS NOT RESPONSIBLE FOR THE QUALITY OF ANY EXPERIENCE PROVIDED BY A PROVIDER. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE CLASS OR RECOMMENDATIONS AVAILABLE ON OR THROUGH THE SITE AND/OR CLASSES ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE EXPERIENCES YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING ZENPASS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN EXPERIENCE ), 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 BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING ZENPASS (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING AN EXPERIENCE ) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.

YOU ALSO UNDERSTAND AND AGREE THAT THE SITE OFFERS WELLNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SITE AND/OR AN EXPERIENCE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SITE AND/OR AN EXPERIENCE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SITE AND/OR A CLASS. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH CLASSPASS IS SOLELY AT YOUR OWN RISK.

THE SITE IS CONTINUALLY UNDER DEVELOPMENT AND ZENPASS 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 SITE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SITE AND/OR AN EXPERIENCE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, ZENPASS, ITS PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, 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 SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, PURCHASE OF AND/OR USE OF ANY CLASS) INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

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 PROVIDER WHERE YOU MAY REDEEM ELIGIBLE EXPERIENCES. 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 ZENPAS 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 SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH ZENPASS, EVEN IF ZENPASS OR A ZENPASS 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, ZENPASS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Venue Waivers and Terms

Members taking Experiences are deemed to agree to the liability waivers and terms of individual Providers. Your participation in any Class may be subject to addition policies, rules or conditions of the applicable Provider and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with these Terms or the policies of the Providers or as otherwise determined by a Provider. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.

Dispute Resolution

Generally, if a dispute arises between ZenPass and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ZenPass 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.

Miscellaneous

  • a) Choice of Law: These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ZenPass must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
  • b) Assignment. We may assign our rights and obligations under these Terms. The Terms will insure to the benefit of our successors, assigns and licensees.
  • c) 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.
  • d) 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.
  • e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and ZenPass relating to the subject matter herein.
  • f) Disclosures. The services hereunder are offered by Zenpass LTD, a limited liability company incorporated and registered in England and Wales with company number 15193625
  • g) 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. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
  • h) Notices. Notices will be sent to you at the email address that you provided to ZenPass during the registration process. Notices may be sent to us contact@zen-pass,com. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.

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