SANCTIFLY MEMBERSHIP TERMS & CONDITIONS
LAST REVISED: 17 NOVEMBER 2016
- Sanctifly is a members' club that provides an online platform connecting members with fitness and relaxation facilities available at participating hotels and specialist fitness facilities worldwide. Membership is offered exclusively to individual employees or officers of companies.
- These terms and conditions (the Terms) govern your Sanctifly membership and are made between you (the "Member", "you", "your"), and Sanctifly Limited, a company registered in Ireland with company number 577655 and having its registered address at 84 Northumberland Road, Dublin 4, Ireland ("Sanctifly", "we", "us", "our"). As a Sanctifly Member, you agree to be bound by these Terms.
- In these Terms, the following words shall have the following meanings:
- Booking means a booking made by a Member through the Site to use a Partner Hotel's Facilities at a particular time and date.
- Facilities means the fitness and relaxation facilities available for use by Members at Partner Hotels and listed on the Site.
- Fee means the current annual or monthly Sanctifly membership fee which is detailed on the Site.
- Guest(s) means a Member's friend or family member who is invited by the Member to use the Facilities, together with the Member, as part of a Booking.
- Member(s) means a member of the Sanctifly Club.
- Passes means an access code which is generated following a Booking and which you must present on arrival at a Partner Hotel in order to gain access to Facilities.
- Partner Hotel means the participating hotel or specialist fitness facility whose Facilities are listed on the Site.
- Site means, together, the Sanctify website (http://www.sanctifly.club/) and/or the Sanctifly mobile application, where you can register to become a Member and make Bookings.
- You must be 18 years or older to be a Member. In order to become a Member and make Bookings, you must register on the Site to create your own personal Sanctifly account (MySanctifly). Once created, you can update or change your personal and payment details in MySanctifly at any time. Any information you provide to us must be accurate, complete and up-to-date and you agree to update such information as needed. You are responsible for all activities that occur under your account.
- You must treat any usernames or passwords associated with your MySanctifly account as confidential and not disclose them to any third party.
- You may choose from a selection of levels of membership e.g. Silver, Gold and Platinum. You will be entitled to all the rights and privileges exercisable for the level of membership which you have selected. We will issue you with a Sanctifly membership card which displays your chosen membership level. You may not transfer your membership to anyone else.
- Your membership commences as soon as you have registered as a Member on the Site. Membership is valid for 12 months (the Annual Term) and will automatically renew each year on the anniversary of registration, unless your membership is terminated in accordance with these Terms. A monthly membership option is available to Silver level Members only. Silver level monthly membership is valid for one month (the Monthly Term) and will automatically renew each month, unless terminated in accordance with these Terms.
- A certain number of Passes are included in your membership. The number of Passes varies according to the type of membership you have. Passes remain valid for the lifetime of the membership. Once purchased, Passes cannot be refunded or exchanged for cash.
- Silver level Members who have chosen a Monthly Term membership and who have been Members for at least twelve months shall become entitled to receive one free Pass every three months. These Passes will be allocated directly to the Member's MySanctifly account at the end of each three month period.
- If you have used all of the Passes that are included in your membership, you can purchase more Passes in MySanctifly. You may use or purchase Passes for up to two Guests per Booking. Your guests may only use the Facilities if they are accompanied by you. Guests must be 18 years or older, unless clearly stated otherwise in the Partner Hotel's listing on the Site.
Membership Fees and Charges
- The Fee varies according to membership level, and also according to membership length (yearly or monthly).
- The Fee for annual membership is payable in full up front at the time of registration and on each anniversary of the date of registration, provided that membership has not been terminated in accordance with these Terms. For Silver level Members who choose to subscribe on a monthly basis, the Fee is payable monthly, provided membership has not been terminated in accordance with these Terms.
- The Fee is payable by debit or credit card and will be deducted using the payment type selected during the membership registration process. Any changes to payment details must be done at least 72 hours before any payment is due to us.
- If for any reason your selected payment method is unsuccessful, we will send you an email informing you of this. You will have 72 hours to log on to MySanctifly and make a successful payment before your membership is suspended. If your membership is suspended, you will be required to make payment within 21 days of the suspension in order to reactivate access to your membership. If you do not make payment within this 21 day time period, your account will automatically terminate. If you want to re-join, you will be required to re-register as a Member.
Cancellation by You
Statutory Right to Cancel within 14 Days
You have the right to cancel these Terms within 14 days for any reason. The cancellation period will expire after 14 days from the day you registered to become a Member on the Site. To cancel these Terms, please complete the cancellation information below, and send it by email to us at firstname.lastname@example.org. To meet the cancellation deadline, you must send your communication of cancellation before the fourteen (14) day period has expired.
To: Sanctifly Limited, 84 Northumberland Road, Dublin 4, Ireland, email@example.com
I ________________ hereby give notice that I ________________ cancel my contract of sale of the following for the provision of the following service: Sanctifly membership.
Ordered on (insert date on which you registered for Sanctifly membership):
Your membership number:
- If you cancel this contract, we will reimburse to you all payments received from you without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to cancel these Terms. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement
If this fourteen (14) day period has lapsed, you will remain entitled to cancel your membership in accordance with the remainder of this clause 5.
Cancelling Annual Membership: Platinum, Gold and Silver
- You can cancel your membership at any time during the Annual Term. You will not be entitled to a refund of the Fee or any part of the Fee.
If you do not wish to automatically renew your membership in any year, you must de-select the 'auto-renew' option in your MySanctifly account.
Cancelling Monthly Silver Membership
- You can cancel your monthly membership at any time during the Monthly Term. You must pay a cancellation fee equal to $25 x the number of Passes used in your initial allocation of 4 Passes, less the number or quarters expired in the membership. For example, if cancelling in month six and three Passes have been used, the calculation will be: $25 x (3-2) = $25.
You will remain liable for any Bookings you have made prior to cancelling your membership.
Cancellation by Us
- We shall have the right, immediately and without notice, to block, restrict, suspend or terminate your membership, if, in our sole opinion, you are in breach of any of the provisions of these Terms. Any unused Passes will be refunded at paid (i.e. pro rata) value.
- If you cease to be an employee or officer of the company though which membership was made available, that company may request that we cancel your membership.
You agree to comply with (and where applicable, you shall procure that any Guests comply with):
- any applicable Partner Hotel terms and conditions relating to the use of the Facilities. It is your responsibility to read and understand any such terms and conditions. You accept that Partner Hotel terms and conditions may be subject to change.
- these Terms, a current copy of which is always available on the Site. We may revise these Terms at any time on notice to you. Continued participation by you as a Member shall be deemed acceptance by you of any revised terms and conditions.
- When you make a Booking, a Pass is generated. Each Pass is valid solely for the Member (and any permitted Guests), for one visit, at the chosen Partner Hotel in accordance with the Booking and any applicable Partner Hotel terms and conditions.
- You may be asked to present valid photo identification or your Sanctifly membership card upon arrival at the Partner Hotel. A failure to do so may result in the Partner Hotel refusing you admission.
- As a Member, you will have the same rights in relation to use of the Facilities at the Partner Hotel as a Partner Hotel guest.
- Members may cancel Bookings up until midnight the day before the Booking is scheduled, without penalty and for a full refund. Cancellations of Bookings made after this time are non-refundable.
- In respect of any and all personal data you provide to us as part of your membership, we will be the data controller for the purposes of data protection law. We agree to comply with the principles of data protection law and our obligations thereunder. You agree that we may share (i) your personal data with Partner Hotels (who may be situated outside the EEA in countries that do not have the same level of data protection as in your home country) for the purpose of facilitating your Bookings, and (ii) membership usage data with the company through which your membership was made available, for the sole purpose of improving our service to you. You further agree that we may use the contact details provided by you to communicate with you in relation to your membership. For more information on how we use your personal data, please see our Privacy and Cookies Policy here.
- The use of the Site involves the electronic transmission of personal data through third party connections. We do not operate or control these connections and cannot guarantee the privacy or security of these data transmissions.
- We may use the information you provide to us to update you on our latest deals and promotions via email or phone. If you do not want to receive marketing communications from us, please notify us at firstname.lastname@example.org.
Liability and Indemnity
We do not operate the Facilities at the Partner Hotels and will not be liable for:
- the security, safety or appropriateness of the Facilities;
- the accuracy of any content or material which is listed on the Site in relation to Partner Hotels' Facilities (including in relation to description or availability of Facilities, opening hours, location or contact details), or any reliance placed by you on such content or material.
any direct, indirect or consequential loss, injury, damage or inconvenience you may suffer as a result of:
(1) the act or omission of any Partner Hotel or any failure of the Partner Hotel to perform or comply with the terms of any Booking;
(2) your use of the Facilities (or any other activity you undertake) at the Partner Hotel;
(3) your inability or incapacity (for whatever reason, including without limitation, ill or unfit health) to use the Facilities.
- You agree that you are fully aware of any and all risks and hazards associated with participation and use of the Facilities. To the fullest extent permitted by law, you hereby release, hold harmless, and forever discharge Sanctifly, Partner Hotels, and each of our employees and agents, from any and all liability in relation to Bookings, use of Facilities and travel to and from Partner Hotels to avail of Facilities.
- We will not be liable for any direct, indirect or consequential loss or damage incurred by you in connection with the Site or the making of Bookings by you on the Site, including, without limitation: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Nothing in these Terms shall exclude our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
Interruptions in our service
- Whilst we take every care to maintain the continuity of the Site, the internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability for any Site downtime, or your inability to make Bookings as a result, and you agree that we shall have no obligation or responsibility to operate the Site or any particular part of it.
- All title, rights and interest in any copyright, database rights, trade marks and design rights and any other intellectual property rights ("Intellectual Property") in the Site are and shall remain the property of Sanctifly, or our licensors. You may download material from the Site for the sole purpose of making or facilitating a Booking. You shall not copy, transmit, modify, republish, save, pass off or link to any content or material on the Site.
Compliance with Applicable Law
- You shall comply with all laws, regulations, rules, orders or other legislative provisions which are applicable to you in connection with these Terms.
Law and jurisdiction
- These Terms are governed by law of Ireland, and the courts of Ireland will have exclusive jurisdiction over any claim arising out of or in connection with them or their subject matter, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
Events beyond our control
- We will not be in breach of these Terms, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
- These Terms shall contain all the terms agreed between you and us regarding their subject matter and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
- If and to the extent that any provision of these Terms is held to be illegal, void or unenforceable, such provision shall be given no effect and shall be deemed not to be included in these Terms but without invalidating any of the remaining provisions in these Terms.
- No delay or failure by us in enforcing any of these Terms and no partial exercise by us of any right hereunder shall be deemed to be a waiver of any right we may have under these Terms.
- We may transfer, assign or otherwise deal with these Terms on notice to you. Your rights under these Terms will not be prejudiced. You may not under any circumstances transfer, assign or otherwise deal with these Terms.
Changes to these Terms
- We may revise these Terms at any time on notice to you. Continued participation by you as a Member shall be deemed acceptance by you of any revised terms and conditions.
- Any communications that you wish to send us regarding these terms of membership should be emailed to email@example.com. Any notices that we may wish to draw to your attention to will be sent to you using the contact details provided on your registration form.