Terms of Use

By downloading, installing, and/or using the Fitnesia application (the "Application"), you agree that you have read, understood and accepted and agreed to these Terms of Use ("Terms of Use"). These Terms of Use constitute a legal agreement between you and PT Fitnesia Indo Teknologi and apply to your visit to and use of our website at www.fitnesia.com ("Website"), the Service and the Application (as defined below). Please cancel your account (if you have signed up for the Application) and permanently delete the Application from your device if you do not agree or wish to enter into the Terms of Use.

1. Introduction

Fitnesia is a technology company that provides the Platform and/or Service but not the Activities. The Service enables Fitnesia members to reserve and join Activities offered by the Partners. It is up to the Partners to offer their Activities to Fitnesia members and it is up to Fitnesia members to accept such Activities
Fitnesia may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.

2. Purchasing and Payments

Top Up: To Book an activity, first you need to top up your credit, these are the credit that will be deducted whenever you book an activity on the platform. You can save your preferred payment method and information for future use.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
No Refunds: Credit purchased are not refundable and we will not refund or credit for any partially used or unused activities.

3. Activity

Activity Search: You may search for Activities and Partners and view related information about activity types and times, instructors’ information as well as Partners’ locations and other related information such as amenities and other offerings. We may also feature an Activity as an advertisement on the Platform or on any other social media sites, but this is not a recommendation or endorsement of such Activity. We make no guarantees or representations on the quality or nature of the Partners or Activities.
Activity Reservations: All Activities are updated on a weekly basis. You must reserve an Activity on the Platform in advance before you join the Activity. Upon visiting the Activity, you may be asked to show your identity card/passport for verification purposes. We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis. You may reserve as many activities as possible in one week advance, but some Partners may have shorter reservation windows. We reserve the right to change, remove or add the Partners without notice to you or liability to us
Rating and Reviewing an Activity: You may rate your experience gained from the Activity or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting Fitnesia and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.
Feedback: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes.
Late-Cancellation and No-Show Policy: If you wish to cancel your Activity reservation, you must do so in accordance with the cancellation cut-off time specified by the Partner. If you cancel your reservation of an Activity after the cancellation cut-off time, this will be considered as a late-cancellation or if you do not show up at your reserved Activity, this will be considered as a no-show. You will be refunded only 50% for a late-cancellation and there is no refund for no show.
Additional Terms: All FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to support@Fitnesia.com.

4. Referral Code

Referral code is not transferable, exchangeable, convertible or redeemable for cash and may not be combined with other promos.
If you referred a friend to sign up for an Account with us using your referral code, you will get referral credits in your account that can be used for your next booking immediately after your friend completes his/her first credit purchase.
There is no limitation on the number of referrals that you can make. You can refer as many friends as you like as long as this referral policy is still in effect.
We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of referral code by you or any other user in the event that we determine or believe that the use or redemption of the referral code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
We reserve the right to change, suspend, cancel and/or waive the referral code and its applicable terms at any time and from time to time in our sole and absolute discretion without notice to you or liability to us.

5. Your Obligations

You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast, decompile, or disassemble any portion of or otherwise exploit the Application, except as expressly permitted under these Terms of Use, (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the software in any way; (iii) create internet "links" to the Application or "frame" or "mirror" any software on any other server or wireless or internet-based device; (iv) reverse engineer or access our software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of the proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.
You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us and our Partners.
Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.

6. Imdemnification

You agree to indemnify and hold Fitnesia, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms.

7. Intellectual Property

PT. Fitnesia Indo Teknologi is the sole owner or lawful licensee of all rights to the Site and its content in www.Fitnesia.com and its IOS and Android Apps (Fitnesia). The entire content contained in the Site include intellectual property is protected by copyright laws and the applicable laws that protect intellectual properties worldwide. All titles and intellectual property rights in the Site and its contents belong to Company.

8. Disclaimers

Classes, activities, and any other services offered via the site are offered and provided by third parties, not Fitnesia. You agree that attendance at or use of any such classes, activities, or other services is solely at your own risk. In no event shall Fitnesia be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s attendance or participation in a class, service or appointment made through the site, or the performance or non-performance of any provider in connection with the services. In addition, all users specifically understand and agree that any third party directing users to the site by referral, link or any other means is not liable to the user for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the site or any content on the site. Without limiting anything herein, Fitnesia disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose, related to any classes, activities, or other services offered via the site.
To the fullest extent permissible pursuant to applicable law, Fitnesia, its suppliers and partners disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Fitnesia does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. Fitnesia, its suppliers and partners does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9. Exclusion of Liability

To the maximum extent permitted by law, your access and use of the Platform and/or Service is entirely at your own risk; and we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
To the extent our liability cannot be excluded but can be limited, our liability shall not exceed IDR 500,000.00.
To the maximum extent permitted by law, our total liability to you under or in connection with these Terms, or in connection with the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service, shall not exceed IDR 500,000.00.

10. Suspension and Termination

We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.
If we, upon consideration, think that you have violated any of these Terms, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.

11. Links to Other Websites

The platform may contain links to other websites that are owned and operated by third parties. We are not responsible for the operations or content in such websites.

11. General

We will contact you by email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
Governing Law and Jurisdiction. This privacy policy is governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising from this privacy policy shall be governed by the exclusive jurisdiction of the Central Jakarta District Court.