By registering for, attending and participating in our Classes or renting our space, you accept these Terms & Conditions and agree that they will apply in their entirety to your use of our Services and Facilities.
- Our Services and Coaches
Enhale Meditation Studio is a lifestyle meditation studio offering meditation and other personal wellbeing, healthy lifestyle classes and workshops, and is operated by Utile Limited.
In consideration of your payment of the Charges, we or our Coaches will provide the space or Services and conduct the Classes for you in accordance with these Terms & Conditions.
Our Coaches are suitably qualified and experienced to provide our Services and conduct our Classes. We and our Coaches will use all reasonable care and skill when providing the Services and Classes, but we cannot guarantee that they will be fit for your purposes. You agree that you will do your own research and due diligence to assess if our Services and Classes are the right ones for you.
- Registering for our Classes
You must register for and book in advance to participate in our Classes at our Facilities or online at our website.
You may cancel any pre-booked Classes, provided that you do so at least 24 hours prior to the commencement time of the Class you have reserved. If you can cancel within less than 24 hours, you will still incur the applicable Charges for that Class that you have cancelled.
- Our Business Hours
We are open for business during our normal operating hours which generally accord with our weekly Class schedules. We will publish and regularly update our Class schedules on our website at www.enhalems.com.
We may change these operating hours at any time, including on short notice. We will try to give you as much notice of any proposed changes to our operating hours as is reasonably practicable, but we cannot guarantee that we will be able to do so every time we need to make a change (e.g. in circumstances where a T8 or higher typhoon signal has been or proposed to be hoisted by the Hong Kong Observatory).
From time to time, we may make certain Products available for you to purchase at our Facilities. Except for any Products that are manufactured or produced by us (and labelled or otherwise notified to you as such), you agree that we do not manufacture or produce any Products. You should refer all queries, complaints or enquiries relating to any Products not manufactured or produced by us to the supplier or manufacturer of them. Subject to Section 7 below, we do not give any warranties in relation to the Products and we will not be liable to you for the performance or non-performance of the Products, or any fitness for purpose of the Products.
4a. Online Store Terms
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
4b. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4c. Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4d. Third-party Links and Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4e. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
4f. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Utile Limited, our directors, officers, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Utile Limited and our parent, subsidiaries, affiliates, partners, officers, shareholders, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- Our Charges, Class Credits and Refunds
You will pay the Charges for our Services and Classes.
We allow you to pay for the Charges by way of a Monthly Subscription Fee or by individual classes and class packs. If you elect to pay by Monthly Subscription Fee, you will be able to register for and attend all Classes (other than Special Events or courses).
Credits will expire according to the expiry period that applies to each purchase. We will let you know the applicable expiry period on our website. We may change the expiry period at any time, except that any change will not apply to those that have already been issued to you before the effective date of the change.
All Credits, once purchased, cannot be refunded or transferred or sold to a third party. All sales are final.
- Class attendance and participation rules
You agree, that as a Member, you will follow these rules and policies at all times when you attend our Facilities and participate in our Classes:
- You will not be allowed to join or participate in a Class that has already commenced (so as to avoid disruption to the Class). We advise you to always turn up at least 5 minutes before the published commencement time of a Class.
- You cannot wear shoes or any other forms of outside footwear in the studio space.
- You must check in your mobile phones on arrival at the Facilities or you must turn them onto airplane flight mode and switch off all alarms.
- At the end of each Class, you must wipe down any sweat or other perspiration in the areas immediately around you.
- We may exclude you from participating in any Class if we, in our reasonable opinion, believe that you have or are likely to cause a material disruption to the Class or otherwise fail to follow the reasonable instructions or directions of our Coaches or of any of our personnel.
- You will be liable for any consequential or incidental loss or damages and we will bill you for damages to our studio, outside reasonable wear and tear. Payment must be made within 7 days of billing for any loss or damages.
- If a T8 or higher typhoon or black rain signal is hoisted during non-operating hours (e.g. overnight), our Facilities will remain closed and all Classes will be cancelled. Our Facilities will re-open and our Classes will resume 2 hours after the relevant signal has been lowered or cancelled. If the signal is lowered or cancelled after 6PM, our Facilities will remain closed for the rest of that day and no Classes will be conducted. If a T8 or higher signal is hoisted during our normal operating hours, our Facilities will be closed after the completion of any Class then in session or after 30 minutes (whichever is the longer), but Members may elect to leave earlier and agree to assume full responsibility for their own safety and wellbeing. If a black rain signal is hoisted during our normal operating hours, our Facilities will remain open and our Classes will continue as usual.
- Your acknowledgement and consents
You acknowledge and agree that:
- participating in our Classes require certain levels of fitness and general physical health; and
- you are responsible for assessing your level of fitness and general health (including consulting any physician or doctor) and the risks of injury that are associated with physical activity of any kind, including any meditation, breath work practice or yoga related activities or activities related to our Classes.
You assume full liability and accept the risk of harm, including physical injury and discomfort, as a result of your participation in the various activities engaged in during the course of our Classes. You, or anyone who could claim in your name or on your behalf, waive, release and forever discharge us and our officers, employees, Coaches, representatives and agents from and against any and all liabilities for injuries or damages arising out of or in connection with your participation in our Classes and hold them harmless from all claims which may be brought against them for any such injuries or claims and all costs and expenses incidental to them.
You consent to us using any photos or videos of you taken during your participation in our Classes for marketing or publicity purposes in print and web without receiving payment for those images. You may opt out of this by telling us in advance.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Disclaimer and limitation of liability
While we and our personnel, including our Coaches, will use all reasonable care and skill when providing our Services and conducting our Classes, we do not warrant that our Services, Classes or Products will be suitable or fit for any particular purpose.
To the fullest extent permitted by law, all implied warranties are excluded, except if and to the extent that they may not be lawfully excluded. In that event only, our liability will be limited to providing the Products or Services again or paying for the Products or Services to be provided again, as applicable.
Before taking any action or decision based in whole or in part, you should always make your own independent checks of any information that is important to deciding whether to participate in our Classes, including seeking appropriate medical advice from a qualified physician.
We will not be liable for any claims, losses, injuries, damages, costs or expenses arising out of in connection with your use of our Services or Products, or your participation in our Classes. To the fullest extent permitted by law, we will not be liable to you and/or any other person for (a) any indirect, consequential or incidental loss or damages; or (b) any loss of opportunity or other direct losses or damages that you may suffer or incur arising out of or in connection with your participation in our Classes and our provision of the Services or Products.
- Our use of your personal data
- Changes to these Terms & Conditions
We may amend or update these Terms & Conditions at any time. By continuing to use our Services and participating in our Classes, you agree to be bound by these Terms & Conditions as amended or updated from time to time.
- These Terms & Conditions governed by Hong Kong law
If you are a consumer, these Terms & Conditions, its subject matter and its formation, are governed by Hong Kong SAR law. We both agree that the courts of Hong Kong SAR will have exclusive jurisdiction.
If you are a business, these Terms & Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Hong Kong SAR. We both agree that the courts of Hong Kong SAR will have exclusive jurisdiction.
Charges: the amounts payable for your use of our Services and Facilities. Our Charges will be advised to you before you register to use our Services. We may change our Charges at any time, except where you have already purchased any Credits or paid any Monthly Subscription Fee.
Classes: our meditation classes or workshops and other healthy living, wellbeing and lifestyle wellness classes we conduct or provide at our Facilities or at a corporate or personal client’s premises from time to time in the course of providing our Services.
Coaches: suitably trained and experienced coaches, instructors, teachers and trainers that we appoint or engage to conduct our Classes.
Credits: means pre-paid value which you can purchase from us which can then be redeemed for our Classes.
Facilities: our Meditation Studio from which we conduct our at 14/F, Plaza LKF, 21 D’Aguilar Street, Central, Hong Kong and such other facilities or premises from which we provide our Services and conduct our Classes from time to time.
Member: any member of the public who rents our space or registers for our Services and attends and participates in our Classes, and includes you.
Monthly Subscription Fee: a monthly fee, as determined by us and notified to you in advance of any purchase, payable by you to us in exchange for the right to attend the Classes (excluding Special Events) we conduct in any calendar month.
Products: means any products such as drinks, clothing, shoes, yoga mats or other merchandise that we sell at our Facilities.
Services: Our Classes and such other classes, workshops services, instructions, and training that we or our Coaches may provide to you from time to time at our Facilities or at the client’s premises.
Special Events: extended workshops or events outside the scope of our standard Classes, such as retreats, all-day classes or workshops, or multi-week workshops, all of which will require payment of fees and charges in addition to the Charges.
We, our or us: means Utile Limited (trading as Enhale Meditation Studio), and includes our officers, employees, representatives, Coaches and agents (as applicable).
You or your: means you the consumer who acquires and uses our Services and Facilities in accordance with these Terms & Conditions.
Copyright ©Utile Limited, July 2018