Terms & Conditions
The following terms and conditions (collectively, these “Terms and Conditions”) apply to your use of www.starmarkfitnessstudio.com, including any content, functionality and services offered on or via www.starmarkfitnessstudio.com (the “Website”).
Please read the Terms and Conditions carefully before you start using Starmark Fitness Studio, because by using the Website you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of 1 January 2019. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
FEES AND CHARGES
1. The Joining Fee (if one is payable) and first 3 month’s membership fees are collected from you by us either by Debit / Credit card at time of purchase, or by Direct Debit approximately 5 days from your membership application date. These fees are not refundable under any circumstances with the exception of the Money Back Guarantee detailed below. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and direct debit agreement and entitle the member to a gym induction session, bookable online.
2. If you are looking to upgrade your membership there may be an admin fee charged at the point at which you upgrade.
3. If any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honored for whatever reason, you shall pay us on demand an administration fee. If, despite us having notified you of a missed payment, further payments are missed, we reserve the right to, at our sole election, either suspend or terminate your membership, upon having given you written notice of our intention to do so. We may present an option to reduce the administration fee if the outstanding amount is paid online within 7 days of becoming due.
4. You agree to advise us immediately of any change to the Members Details provided.
- From time to time we may need to increase the price of membership. We will give you at least 1 full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice then the price of your membership will be increased in accordance with our notice.
- You may terminate your membership at any point. Please call the Member Service Department for options available to you or for any further information.
- If you have purchased a Fixed Term or Student membership you will be entitled to 50% of the pro-rotated amount minus the joining fee as refund for any unused membership.
GENERAL TERMS & CONDITIONS
1. Members must be 16 or older.
2. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.
3. If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
4. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.
5. There may be occasions where we have to close the gym. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavors to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.
6. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.
7. We will not be liable or responsible for outstanding monies paid to a Personal Trainer. Personal Training is arranged directly with the PT and not with Starmark Fitness Studio.
8. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described.
9. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules.
10. Extra and Off-peak memberships are not available at Starmark Fitness Studio.
11. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercises would not be detrimental to your health, safety, comfort, wellbeing or physical condition. Further, that you will advise us immediately should your circumstances change.
12. If you become aware of misuse of this Site by any person, please contact the Site Administrator at EMAIL with your concerns.
YOUR PERSONAL INFORMATION
- We will use the personal information you provide to us to:
- (a) provide your membership services;
(b) process your membership payment; and
(c) inform you about relevant products or services from Start Mark Fitness Studio, or carefully selected third parties. You may stop receiving these at any time by contacting us.
- We will not give your personal data to any third party and you will only receive communications directly from Start Mark Fitness Studio.
Conduct on Website
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website.
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
- Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site or organization without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Starmark Fitness Studio.
You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website.
Third Party Websites
This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
Starmark Fitness Studio may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of India.