Our Terms and Conditions. - mischievous - Playful and be yourself - Aerial Yoga, Lyra, Pole Dance, Pole Practice, Dance,

Terms and conditions

Once you have agreed to the Terms and Conditions electronically, you acknowledged that you have read and understood the information presented to you as part of the registration process.
I warrant that I am in good health and have no physical condition that would endanger my life while participating in the event or classes organize by FITSY PLT (FITSY).
I accept and agree that events and classes carry certain inherent dangers and risks which may or may not be readily foreseeable, including without limitation to personal injury, property damage or death.
In consideration of FITSY allowing me to participate in the event or classes, I undertake that if, in the course of the event or classes, I deliberately or negligently cause any injury (whether fatal or otherwise) to any person or any damage to or loss of any property of any person, I shall indemnify FITSY and it’s agent(s) if that suffering person makes claims or takes actions against FITSY and it’s agent(s) or FITSY and it’s agent(s) has to pay for costs or expenses.
I represent that I am at least 18 years of age; or that, if I am under 18 (minor), my parent/ legal guardian has fully aware and allowed me to participate in the event and fitness class held in FITSY.
I understand that all unused or expired membership and passes are not refundable, not exchangeable and not transferable.
I understand that all payment paid to FITSY are not refundable or exchangeable.
I understand that the schedule or instructors are subject to change.
I understand that FITSY reserve the right to modify or substitute any of these Terms and Conditions from time to time as it deems fit. If there is ambiguity in any of the provisions, FITSY shall be the authority to interpret and in doing so, FITSY will take into account the interests of all the affected members. Any updates on the Terms and Conditions will be notified on the membership portal (http://m.fitsy.my/tnc/), and it is my responsibility to keep abreast with any changes.

Privacy Policy

PRIVACY of Personal Information

FITSY PLT (FITSY) respects the privacy of individuals with regards to personal data (“Personal Information”) and is committed to protecting the privacy of our subscribers, contestants, members, participants, and business associates/partners (“Users”), and strives to provide a safe and secure user experience. This privacy policy is formulated in accordance with the Personal Data Protection Act 2010 ("Act"), which describes how your Personal Information is collected and used, and your choices with respect to your Personal Information. The following discloses our information gathering and dissemination practices.

Purpose of Personal Information collected Personal Information that you provide to us voluntarily will be processed for the following purposes ("Purposes"):
- to complete transactions with you, manage and verify your membership of our customer loyalty scheme where applicable;
- to direct market to you;
- to understand and analyse your needs and preferences;
- to develop, enhance, market and provide products and services to meet your needs;
- to enable you to participate in promotions and contests;
- to process exchanges or product returns;
- to send you updates on products, news and event updates, rewards and promotions, special privileges and initiatives of FITSY and our partners;
- to share with you information in furtherance of FITSY’s business relationship with you and in connection with FITSY’s products and services;
- to improve our services; and, to respond to requests or complaints
- to manage, verify and complete transactions and contracts with you in regards to FITSY's business relationship with you.
Although the precise details of the Personal Information collected will vary according to the specific purpose (such as contests, forums, surveys etc) whether via online or otherwise, we on normal accounts would collect the following Personal Information from or in relation to you:
- Name;
- Company Name (if any);
- Designation/Position (if any);
- Address (if any);
- Phone number(s);
- Emergency Contact(s);
- Fax (if any);
- Date of birth;
- Email address;
- Gender;
- Identity card number or passport number
Storage and Retention of Personal Data Your Personal Information shall be stored either in hard copies in our offices or in servers located in Malaysia and will be operated and/or used either by us or our service providers. Any Personal Information supplied by you will be retained by our organisation as long as necessary for the fulfilment of the Purposes stated in (1a) above or as required to satisfy legal regulatory, accounting requirements or to protect our interests.
Changes to Privacy Policy We reserve the right to amend this Privacy Policy from time to time without prior notice. We advise that you check this Privacy Policy on a regular basis.

CONSENT

FITSY PLT (FITSY) seeks to use your Personal Information only for the purposes of legitimate interests and with your consent.

For subscribers, it is a condition of acceptance to the collection, collation, use and/or disclosure of all the Personal Information by us for the purposes of you subscribing to the package. By subscribing, you signify your agreement.

We only keep Personal Information for as long as is necessary to satisfy the specified Purposes for which it was collected. We retain Personal Information in accordance with our own guidelines, procedures and principles and in line with applicable legislation.

We may disclose your Personal Information to a Vendor (often referred to as the data processor). "Vendor" in relation to Personal Information means any person or entity (other than an employee of FITSY) who processes the Personal Information on behalf of us. "Processing", in relation to Personal Information means for example obtaining, recording, holding or using the Personal Information in carrying out any operation or set of operations on the Personal Information including organisation, compilation, retrieval disclosure of the Personal Information for verification purposes. These Vendor(s) will treat your Personal Information as confidential, in accordance with all applicable Data Protection legislation and will process such Personal Information only for the Purposes and within the terms set out herein.

We may disclose your Personal Information if we are required to do so by law or requirement of a competent authority.

In addition to the above, we may, from time to time work on specific initiatives with carefully selected third party companies/organisations (outside of FITSY) to share opportunities with you. If this opportunity should arise, we will inform you at the time of such initiatives that, if you decide to submit any Personal Information, it will be shared with those selected companies/organisations and we will only do so with your prior consent.

You will always be given the opportunity to consent (opt in) to your information being shared pursuant to the above, and the selected companies/organisations will be sufficiently identified to allow you to make an informed decision. If you do consent (opt in) and subsequently visit such companies'/organisations' websites, we cannot control how they use or otherwise process any Personal Information you provide directly to them. We always encourage you to check their sites' terms and conditions and privacy policy before you give out any Personal Information.

Opt In: We at FITSY will not use your Personal Information for a purpose that has not previously been specified, unless we have previously obtained your consent or unless such purpose is required by law. Consent to provide Personal Information is not a condition for our selling a product to you, unless the information requested is required to fulfill an explicitly specified and legitimate purpose.

Unsubscribe: At any time, you can withdraw your consent to our collection, use or disclosure (generally Processing) of your Personal Information by calling or emailing FITSY as shown in Section 4 of this Terms and Conditions. If you have previously opted in to receiving commercial communications from us, while also becoming a member of our membership, should your membership to such scheme comes to an end for whatever reason, we will not take it as an implication for an automatic request to unsubscribe, and we will assume that we continue to have your consent, unless you specifically unsubscribe.

ACCURACY of information

You are responsible for informing us about changes to your Personal Information and for ensuring that such information is accurate and current.

Refund Policy

Online sales at mjogo.com, gimmecity.com, fit1fit.com, breathe.my, m.breathe.my, mischievous.my, m.mischievous.my, aerialpoledance.com, m.aerialpoledance.com, m.fitsy.my and fitsy.my refund policy

Membership purchased are only for the particular studio, center, class, time, location and validity specified

If there’s any disputes when purchasing in mjogo.com, gimmecity.com, fit1fit.com, breathe.my, m.breathe.my, mischievous.my, m.mischievous.my, aerialpoledance.com, m.aerialpoledance.com, m.fitsy.my and fitsy.my kindly contact our customer care via phone or email.

Disputes examples

Payment went through when purchasing in website but didn’t get confirmation
Payment did not go through but money was deducted and didn’t get confirmation

Kindly provide your name, transaction date, contact details, when contacting customer care via any means available.

Refunds will not be provided to members that has successfully sign up membership (payment go through, confirmation received) via website m.fitsy.my, fitsy.my, over the counter, or any other 3rd party sign up platforms based on any different disputes stated below:

Has attended a class
Has attended a class but did not finish the entire class
Has attended a class but did not fully utilized the membership and membership expired
Did not visit the center and has not attended the class
Visited the center and has not attended the class
Did not visit the center and membership has expired
Visited the center and membership has expired

All transactions once completed and confirmed (e.g payment go through, confirmation received) are not exchangeable or refundable under any circumstances.

Class and Booking Notification or Updates

All notification or updates related to FITSY Classes and Bookings are on best effort. FITSY is not responsible if you fail to receive notification or update. You can always check the latest class and booking updates by login to Members Portal at https://m.fitsy.my

Contact Details

Please contact us if you have any queries.

Phone: +6 011 3552 8210

Email: tellus@fitsy.my

Disclaimer. THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FITSY WEBSITE, FITSY PLT AND ALL AFFILIATED PARTNERS HARMLESS FROM ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES INCLUDING ATTORNEYS' FEES ARISING FROM ANY SUBMISSIONS BY YOU OR THROUGH YOUR ACCOUNT.

Updated : 18 November 2020

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