TERMS OF SERVICE

TRIBES by MaidmentFitness ("TRIBES") is an online based website and application (the “Platform”).

The Platform is a booking tool for Site Members (defined below) to book:

Group Fitness Activities (“Workouts”)
Individual or Small Group Health and Fitness Appointments, such as Personal Training Sessions (“Appointments”),
Events such as catered events, parties and travel retreats (“Events”)

The Workouts, Appointments or Events are services provided by TRIBES or through a third party as detailed on the Platform (the “Service Provider”).

These general terms and conditions ("GTCs") apply to Workouts, Appointments or Events, collectively referred to as the Services, booked through the Platform.

Site Member Registration

To use the Platform to book Services, users must first register and log-in using an e-mail address and password, alternatively a user may log-in by connecting the Platform with the user's Facebook or Google log-in credentials.
Upon registration the user shall become a Site Member.
When booking Services the Site Member must also provide their personal telephone number.
There is no charge to register as a Site Member.
TRIBES reserves the right to refuse registration of a user without reason.

Workouts, Appointments and Events

A Site Member who has purchased a valid Pricing Plan through the Platform is able to select and book the Services to the extent their Pricing Plan permits.
The terms and conditions for the purchased pricing plan are detailed on the Platform.
To book Services, the Site Member must select and book on the Platform the Services required using the available credit on their Pricing Plan. The booking will be confirmed upon receipt of a booking confirmation via e-mail or as displayed on the My Bookings tab in the Site Members profile.
TRIBES seeks to offer Site Members a diverse range of Services however TRIBES does not guarantee Site Members a minimum availability, variety or type of Services.
The Site Member must present a valid booking confirmation if requested by the Service Provider.
Additional pricing and booking conditions for the selected Services (including, for example, cancellation rights) are specified within the Service description, Pricing Plan description or during the booking process.
Information regarding the booked Services such as the location, timing, type of activity provided, individual requirements are set out on the Platform. TRIBES requires the Service Provider to keep the description and information of their Service up to date. The Services advertised on the Platform may differ from the Services provided as they may be subject to change at any time for reasons including but not limited to, changes to group sizes, access restrictions or weather conditions. TRIBES shall not have any responsibilities or liabilities related to such changes made to the Services.

Platform Availability

TRIBES endeavours to make the Platform available for use 24 hours per day however there may be occasions when the Platform is unavailable due to technical issues or maintenance requirements or for reasons outside the reasonable control of TRIBES. TRIBES shall not be liable in the event a Site Member is unable to use the Platform for whatever reason, including, but not limited to, making new bookings or viewing existing booking.

Pricing Plans

A Site Member may only use their Pricing Plans for their own personal use for bookings on the Platform during the applicable validity period. The Pricing Plans and any credit attached to the Pricing Plan is non-transferable, non-refundable and shall expire at the end of the applicable validity period.
The Service Provider is paid by TRIBES and, unless otherwise agreed, no additional payment except as stated during the booking process should be made to the Service Provider for providing the Services. If you wish to provide the Service Provider with a tip for the services provided this is entirely at your discretion.

Complaints and Feedback

Should the Services not meet your expectations or you would like to provide feedback please email maidmentfitness@pm.me. TRIBES will investigate the complaint and or feedback and will take appropriate action as it deems necessary..

Suspension of Use

TRIBES retains the right to suspend a Site Member`s use of the Platform in the event of a violation to these GTCs or the TRIBES community guidelines which can be found on the Platform. In the event the violation cannot be remedied to the satisfaction of TRIBES, access to the Platform shall be revoked and any Pricing Plans purchased and Services booked shall be terminated and fees paid shall be refunded in accordance with the cancellation policy.

Indemnification

The Site Member agrees to indemnify and hold TRIBES harmless from any claims made by other Site Members, Service Providers or other third parties against TRIBES in relation to the Site Member`s use and/or receipt of the Services or the Platform.

Limitation of Liability

The liability of TRIBES for all damages is waived to the extent permitted by law.
Notwithstanding point a. above, other than for liability arising due to TRIBES`s gross negligence, TRIBES entire liability to a Site Member shall be limited to the fees paid by the Site Member in the six-month period preceding the claim.
Subject to points 1. and 2. above, TRIBES`s liability for indirect and consequential damages and lost profits of users of the Platform and Site Members are excluded.
Subject to points 1. 2. and 3. above, TRIBES shall not be liable for any damages to a Site Member`s property or to their person as a result of any personal injury arising from their participation in the physical activity or event which is undertaken entirely at their own risk. The Site Member should consult a doctor before participating in the Services that involve physical activity and is advised to obtain their own insurance as the Site Member deems appropriate.
Any claim relating to the Services should be notified to the Service Provider. In the event TRIBES is not the Service Provider, TRIBES shall not be liable for any failure in or loss or damage arising from the provision of the Services. For clarification, the Service Provider of an Event is the party that hosts the Event.
TRIBES shall not be liable for the content made available on the platform by Service Providers or other third parties, or for the content on the Platform to which TRIBES has provided a link. Service Providers are solely liable for illegal, incorrect or incomplete content, including but not limited to, damages arising from the use or non-use of such information. The Site Member is responsible for assessing the suitability of the content of the Service Provider and to seek medical advice prior to undertaking any of the Services.

Data Protection

The processing of personal data is carried out in accordance with the requirements of Swiss data protection law and TRIBES Privacy Policy which can be accessed at https://www.tribesfitness.ch/privacy.

Confidentiality

Confidential Information for the purposes of these GTCs means any and all information in whatever form that is provided to a Site Member by TRIBES or a Service Provider, whether in oral, tangible or in documented form, that (i) is by its nature confidential; or (ii) the Site Member knows or ought to know is confidential and shall include but shall not be limited to training plans and nutrition guides that may be made available on the Platform or provided to the Site Member by TRIBES or a Service Provider.
The Site Member will treat and keep all Confidential Information as secret and confidential in perpetuity and will not directly or indirectly communicate or disclose (whether in writing or orally or in any other manner) Confidential Information to any other person other than in accordance with the terms of this Agreement.

Final Provisions

TRIBES reserves the right to change these GTCs at any time and without notification. The latest version of these GTC’s shall be made available on the Platform.

Governing Law and Jurisdiction

These GTCs are governed exclusively under Swiss law. The place of jurisdiction for natural persons is Zurich or, at TRIBES discretion, the Site Member`s place of residence. The ordinary courts of the Canton of Zurich have exclusive jurisdiction for legal entities.