These terms and conditions (also referred to as "terms" or "agreement") are a contract between you and The Well-Being Collective and govern your access to The Well-Being Collective website (www.wellbeingcollective.net) mobile application (such as for iPhone or Android) or content (collectively the "application") or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through The Well-Being Collective (collectively, "activities"). Please read these terms carefully before accessing and using the application or activities.
Please read these terms carefully before accessing or using the application. By clicking on the "accept" button, you irrevocably agree to be subject to these terms and conditions.
You are only authorised to use the website if you agree to abide by all applicable laws, these terms, and other documents we refer to in these terms such as the privacy policy. If you do not agree with all of the terms and conditions, do not use the application.
The Well-Being Collective, whose address is at ikigai Riverside, Merchant Square, Riverside Drive, Westlands, 2106-00606 Nairobi, is the owner of the website.
a) The Well-Being Collective Application. The Well-Being Collective application enables consumers to reserve, schedule, purchase, access and attend a wide range of fitness, recreational and wellness activities offered and operated by fitness studios, gyms, trainers, suppliers or other third parties (collectively, "suppliers"). The Well-Being Collective itself is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and does not own, operate or control any of the activities that are offered at or through such facilities.
b) Membership Options. There are a number of ways to participate in The Well-Being Collective, such as various subscription plans and non-subscription purchases. These options consist of different activities, services 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.
c) Subscription Plans. To enjoy full access to the application and activities, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up, each billing cycle is one month in length (a "subscription cycle"). Your The Well-Being Collective subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated.
d) Use of Credits. Depending on the subscription plan you choose and purchase, you will be allotted credits to be used solely to book activities each subscription cycle. Credits expire at the end of each subscription cycle, meaning that any credits you don't use during the applicable subscription cycle will not roll over into future months, unless we expressly communicated otherwise. Credits have no cash value or any other value outside of The Well-Being Collective application and are not redeemable for cash.
e) Activity Availability and Allocation. The exact number and type of activities you take during any subscription cycle will depend on the number of credits needed to book the particular activities you select. The number of credits needed to book a particular activity will vary and is determined based on a variety of factors, including but not limited to supplier requirements, time of day, equipment, facilities, location, pricing, popularity and other characteristics.
f) Digital Content. The Well-Being Collective may allow you to access a variety of audio or video digital content from your computer or mobile device, via live stream and/or on demand.
g) Non-Subscription Purchases. The Well-Being Collective may permit you to purchase certain products or activities through the application, in addition to your subscription or without having a subscription.
h) Co-Memberships. From time to time The Well-Being Collective may permit you to sign up for a co-membership that provides you with a membership to The Well-Being Collective as well as a membership to a third-party supplier.
i) Use of The Well-Being Collective. Your The Well-Being Collective account is personal to you and you agree not to create more than one account. You cannot transfer or gift activities or credits to third parties or allow third parties to use your account.
j) Eligibility Criteria. You must be 18 years of age or older to use this application and/or activities and/or to purchase The Well-Being Collective subscription.
k) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organisation (a "Subscribing Organisation"), then you represent and warrant that you are an authorised representative of that subscribing organisation.
a) Recurring Billing. By initiating your The Well-Being Collective subscription, you authorise us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate.
b) Subscription Cycle. When you sign up and purchase your membership, your first subscription cycle will be billed immediately. Unless we expressly communicated otherwise, your subscription will automatically renew each month.
c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are nonrefundable, unless we specifically communicate otherwise at the time of purchase.
d) 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.
e) Payment Methods. You may edit your payment method information by logging onto our website or mobile app and editing it in your account settings.
f) Cancellation. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your account and cancelling using The Well-Being Collective application.
g) Other Fees. You are responsible for paying applicable fees if you do not cancel an activity you had reserved with appropriate notice or do not attend your scheduled activity.
h) Reservation and Cancellation of activities. As a The Well-Being Collective user you must reserve and cancel your activities only through the application.
i) Fees Charged by Suppliers. In addition to fees we charge, suppliers may also charge equipment or other amenity fees that you will be responsible for directly.
j) Third-Party Fees. You are also responsible for all third-party charges and fees associated with connecting to and using the application.
You warrant and agree that you have the right and legal capacity to enter into this agreement. You warrant that you are a corporeal person who is eighteen (18) years of age or older or a properly incorporated or registered entity. You warrant and represent that any information that you provide to The Well-Being Collective is accurate and valid.
To access and use the application, the user must have a device that can access the internet and will have to register with The Well-Being Collective. The user will be asked to create an account by entering personal data including first and last name, address, date of birth, email address, and telephone number.
You agree that The Well-Being Collective, in its sole discretion and for any or no reason at any time, may terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, your access to or use of the application.
The Well-Being Collective may modify any information contained on the application at any time, including that related to products, prices, availability, and conditions. All prices on the application will be expressed in Kenya Shillings.
The Well-Being Collective will be the sole responsible party for and in charge of collecting payment and issuing the payment receipt for each sale made, in compliance with current and local tax laws and regulations.
The products/services offered by the suppliers on the application are available for purchase in the Republic of Kenya as indicated on the application.
The application may provide certain features which enable you and other users to submit, post, share and search for content and information. We strongly recommend that you think about what you upload to, share with or make accessible to the application.
The Well-Being Collective and/or its affiliates reserve all rights to the application, as well as all related intellectual property not expressly granted under these terms.
The user understands and accepts that the application may not always be available due to technical difficulties or internet failures, or for any other outside reason.
You expressly agree that you will not use the application to violate any law, statute, ordinance, regulation or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the application.
Though The Well-Being Collective may edit, remove, or control the content displayed through the application, you agree that The Well-Being Collective will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties.
You understand that the application may enable access to third-party products and services and may contain links to third party websites, applications or services that The Well-Being Collective does not own or control.
These terms and conditions will apply to you as soon as you click on the "Accept" button, and they will remain in effect until your account is cancelled or unsubscribed.
ACTIVITIES AND ANY OTHER PRODUCTS AND SERVICES MADE AVAILABLE VIA THE APPLICATION ARE PROVIDED BY THIRD PARTIES, NOT The Well-Being Collective. YOU AGREE THAT YOUR USE OF THE APPLICATION AND ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF ANY ACTIVITIES IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND THAT The Well-Being Collective IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE ACTIVITIES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE SUPPLIER AND NOT BY The Well-Being Collective.
NOTHING IN THESE TERMS 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.
Members booking activities are deemed to agree to the liability waivers and terms of individual suppliers.
The user agrees to hold harmless, indemnify, and defend The Well-Being Collective, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind.
Users accept and acknowledge that The Well-Being Collective may modify these terms and conditions, at any time, and without the need for prior notice.
This agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the Republic of Kenya. The parties submit to and agree to the jurisdiction of the Kenyan courts.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this agreement. The Well-Being Collective may assign its rights and obligations under this agreement at any time.
The application is not aimed at persons under the age of eighteen and The Well-Being Collective will not knowingly collect personally identifiable information from children under the age of eighteen.
Neither party will be in default for failing to perform any obligation, other than payment of monies, if the failure is caused solely by conditions beyond the parties' respective control.
The Well-Being Collective hereby incorporates its privacy policy into these terms. These terms and its incorporated privacy policy constitute the entire agreement between the parties.
Any notice required by these terms or any questions that users may have in relation to these terms must be in writing and must be emailed to hello@wellbeingcollective.net.