These are the terms and conditions which apply to your use of the B/SPOKE Website (the “Website”) and the B/SPOKE Mobile Application (the “App”), and the purchase of Goods and Services from us. You should read these Conditions carefully before using this Website, the App, or purchasing any Goods or Services from us. If you do not agree to these Conditions, you must not use this Website or our App.
This Website, the App, and the Goods and Services displayed on it are provided by Spoke Studios, Inc. and its subsidiaries, including, without limitation, B/SPOKE Studios (101 Federal Street), collectively referred to in these Conditions as "B/SPOKE", “we, "us" and "our". When we refer to "you" and "your" we mean the user of this Website or App, purchaser of Goods or user of our Services.
When the following words with capital letters are used in these Conditions, this is what they mean:
“Class” - any exercise class provided by us or on our behalf at the Studios as part of the Services;
“Conditions” - the terms and conditions as set out in this document;
“Credit” - credits purchased via our Website or App and used to make bookings for Classes;
“Goods” - any Goods offered for sale at any of our Studios;
“Services” - services available to you via this Website, including the Classes;
“Studios” - any of our studios, as published on our Website from time to time;
“Facilities” – any area, part, or room within our Studios, not limited to the bike studio room; and
“Website” - http://www.bspokestudios.com
USERS OF OUR CLASSES
You must be aged 18 years or over to attend any of our Classes or to use any of our facilities at the Studios. B/SPOKE does not accept the online registration of minors; please do not attempt to register on the Website if you are under the age of 18. If B/SPOKE discovers that personal information has been submitted by a minor without a signed participant/registration waiver, B/SPOKE reserves the right to delete such information. Any minors interested in registering must do so, in person, accompanied by a legal guardian.
You agree to comply with our Class rules which you can see online or displayed in all of our locations. The access rules relate to our opening hours, use of our facilities and your conduct. Instructors and Classes are subject to change. We reserve the right to refuse you access to the Studios and suspend or terminate your use of the Services if we reasonably consider that your conduct is damaging to our reputation, is in breach of these Conditions or would otherwise be in the interests of other users of the Studios or participants in our Classes.
To book a Class, your account must include at least one Credit. One Credit entitles you to attend one Class. You can purchase Credits via our Website or App. Multiple Credits can also be purchased as bundles at discounted rates. Price details for Credits are available on our Website or App and shall be such prices as determined by us. You should be aware that classes and series expire, and future prices are subject to change. Subject to any statutory right of cancellation, payments for Credits are non-refundable unless otherwise stated in these Conditions.
BOOKING A CLASS
You can check availability and book Classes in advance online via our Website. When you book a Class, one Credit will be deducted from your account. 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.
You may cancel a booking up to 12 hours before the schedule start time of the Class and receive a refund of your Credit. If you cancel a booking within 12 hours of the schedule start time of the Class (including places allocated via the waitlist), your Credit will not be refunded. 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. If you join the waitlist and a space becomes available, you will be automatically added to the Class. You will be notified by e-mail if you are automatically added to a Class.
If you join a waitlist but no longer wish to attend the Class, you should cancel the booking via our Website as soon as possible. If you are added to a Class you may cancel up to 12 hours before the Class and receive a refund of your Credit but you will not be refunded if you cancel within 12 hours of the Class.
If you join the waitlist and a place on the fully booked Class does not become available by the start of Class, the Credit debited from your account to join the waitlist will be refunded. If we cancel a class, your Credit will be refunded.
If you change your mind about any Goods purchased from us, you may return them to any of our Studios within 7 days with your receipt and we will give you a full refund provided that the Goods are unused and are not damaged. This does not affect your statutory rights as a consumer.
USE OF OUR WEBSITE
Use of our site includes accessing, browsing or registering to use our Website. By using the Website you are confirming that you accept these Conditions and that you agree to comply with them. We may update this Website from time to time and may change the content at any time. Any of the content on our Website may be out of date at any given time and we are under no obligation to update it. We do not guarantee that our Website, or any content on it, will be free from errors or omissions. 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.
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 Conditions. 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 license to do so from us or our licensors. If you print off, copy or download any part of our Website in breach of these 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. You may not (except to the extent required in order to use this Website in accordance with these 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. This Website should only be accessed using a computer linked to a secure network environment. We cannot guarantee that this Website 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 firstname.lastname@example.org and we will endeavor to correct it.
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.
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 Misuse Act 1990. 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.
YOUR USERNAME AND PASSWORD
Certain areas of our Website are restricted and may only be accessed if you are registered with us and have been issued with or have chosen a username and password. 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 as email@example.com as soon as possible.
We reserve the right to disable any user identification code or password used to access to this Website at any time if in our reasonable opinion you have failed to comply with these Conditions.
You shall not obtain or attempt to obtain unauthorized 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 and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.
We shall not be liable for any losses you suffer as a result of unauthorized access to your account until such time as you have informed us of unauthorized use or possible unauthorized use of your login details or of a breach of security at firstname.lastname@example.org.
If you are accessing an area of our Website protected by 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 Services. These statutory rights will not be affected by any statement contained in these Conditions.
The trademarks, logos and trade names of B/SPOKE are the property of B/SPOKE Studios and may not be used by you for any reasons other than as expressly permitted by these terms. All Website and App content, design, text, and graphics; the collection, selection, and arrangement thereof, are property of, or duly licensed to, B/SPOKE. You have the right to view, electronically copy, and print in hard copy portions of the Website and App for the sole purpose of making class reservations, purchases, or other personal use. Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of B/SPOKE, is strictly prohibited. You acknowledge that B/SPOKE and/or third party content providers remain the owners of all Website and App materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. B/SPOKE may discontinue or remove the Website or App, or any portion thereof, or discontinue your right to use the Website or App, or any portion thereof, at any time.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will B/SPOKE be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if B/SPOKE expressly advised of the possibility of such damage.
All information is provided by B/SPOKE on an “as is” basis only. B/SPOKE provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website or the App, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, use the App, or communicate with B/SPOKE via email, you are communicating electronically. You consent to receive communications from B/SPOKE electronically. B/SPOKE will communicate with you by email or by posting notifications on the Website and/or the App. You understand and agree that all agreements, notices, disclosures, and other communications that B/SPOKE provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
B/SPOKE does not collect any personal information about individuals – such as names and postal codes, home addresses, and email addresses – except when such information is knowingly provided to B/SPOKE. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website or App. Any personal identification information retrieved by B/SPOKE must be voluntarily submitted by the user. B/SPOKE may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website and App collect some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website and App, which allows B/SPOKE to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
B/SPOKE makes every effort to ensure that all of the transactions that occur on the Website and App are secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website and App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the B/SPOKE website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.
Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites – the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how B/SPOKE might use the personal information collected through the Website and/or App:
If you purchase a B/SPOKE credit bundle, sign up for a B/SPOKE class, or purchase B/SPOKE retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
If you indicate that you are interested in receiving B/SPOKE related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website or App:
Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall B/SPOKE experience.
You can help B/SPOKE maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. B/SPOKE will never share telephone numbers, email addresses, or any personal data with third parties.
B/SPOKE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
WAIVER AND RELEASE
By signing up for and/or attending classes, events, activities, and other programs and using the premises, Facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in indoor cycling and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. You have read and thoroughly understand all safety instructions that are posted on the Website. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the B/SPOKE staff, you would be at physical risk participating in B/SPOKE’s Classes, you understand and agree that you may be denied access to the Classes and Facilities until you furnish B/SPOKE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing B/SPOKE’s concerns and stating that B/SPOKE’s concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Classes and Facilities, (2) release, indemnify, and hold harmless B/SPOKE, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of B/SPOKE’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using B/SPOKE’s Classes and Facilities, and should not be participating in any Classes.
CHOICE OF LAW
The Website, App, and your use hereof, is governed by the laws of the State of Texas, without regard to Texas’s choice of law provisions. Any claim arising out of your use of this Website or App must be brought in Texas.
QUESTIONS OR COMMENTS
If you have any questions or comments about the Conditions, the Services or this Website and App, please contact us using the contact details in the “Contact Us” section of this Website or via email at email@example.com