TERMS AND CONDITIONS
In these Terms & Conditions and the gym rules, "Cubic" means “The Cubic Fitness,” or ”The Cubic” of "Cubic Fitness". "Member" means the member named on the Application Form, and "Membership" is the membership by a Member of a Gym, which starts when Cubic accepts the proposed Member's Application Form; "Gym" means the Cubic gym at which the Member applied for membership and any other Cubic gym the Member may attend; "Contract" means the contract between Cubic and the Member subject to these Terms & Conditions and Club Rules; "Application Form" means the application form completed by the Member to join the Gym; "gym rules" means the terms set out in the Cubic gym rules.
MEMBERSHIP APPLICATION
Membership is subject to these Terms & Conditions as amended from time to time. Submission of an Application Form is an offer to Cubic to become a Member of the gym subject to these Terms & Conditions and the gym rules. Cubic reserves the right to reject any application for Membership. Membership is available to individuals 18 years of age and over, subject to status. If an individual younger than 18 wants to apply, the case must be revised personally by the management. Upon being accepted to the gym’s Membership scheme, the Member consents to having their photograph and video taken by Cubic to confirm their identity upon entry, and consents to having their photograph and video taken at any time whilst using the facilities, excluding changing rooms. Cubic reserves the right to use any such photographs or video for press and/or promotional purposes.
MEMBERSHIP TYPES
Cubic offers various Membership packages. Cubic reserves the right to introduce, withdraw, and vary categories of Membership.
MEMBERSHIP CONDITIONS
Memberships can be stopped or extended due to medical reasons, always if a medical certificate is given, and according to management’s discretion. Memberships can be paused in the cause of a flight overseas, always according to management’s discretion and only if notice has been given before the flight, up to a week. Memberships can’t be refunded or transferred. Personal Trainings, Physiotherapy or Nutrition sessions can’t be rescheduled, cancelled or modified within 24 hours of the session. If cancelled during this time, the session will be deducted. Group classes can't be cancelled any later than four hours before the class takes place. A credit will be deducted if cancelled within four hours of the booked class. Group class members can have their accounts blocked from booking if they have a repeated habit of booking classes and NO SHOWWING (where a client doesn't show up for their booking. If a client does this twice, their account will be temporarily blocked from booking for one week in the first instance, then two weeks on the second instance, then three weeks on third and any ongoing instance.
MEMBERSHIP DUES
Memberships are payable in advance, as per the Membership type selected. Monthly fees will be debited on according to when the membership was started. In the event that the Member falls into arrears in respect of any fees payable, all arrears must be settled before the Member can use the studio. Membership fees may be increased at the discretion of and at any time by Cubic , to take effect after the Member's minimum term subject to at least one calendar month's written notice. Changes to pricing for new joiners may be made without notice. Any discounted Membership options are offered on the basis that the Member can provide proof of eligibility; Members should be aware that the full fee for their Membership type may be applied until such proof is provided. Cubic reserves the right to levy an administration fee if it forwards the account to a 3rd party debt collection agency in the event of non-payment of fees when due.
FREEZING YOUR MEMBERSHIP
Memberships can be paused due to a medical condition as long as a medical certificate has been shown to management. Memberships could also be paused due to travelling under two conditions: 1. They need to be travelling for more than 5 days; 2. Maximum one pause every three months. Management reserves the right of approving or refusing a membership freeze at all times, as well as deciding the length of the pause.
CLUB FACILITIES
Full details of normal opening hours are available upon request at each studio. Cubic Fitness reserves the right to vary normal opening hours, temporarily remove access to certain equipment, or to temporarily close certain areas of any gym from time to time without notice for various purposes, including for cleaning, decorating, repairs, refurbishment, or for special functions and holidays.
HEALTH AND SAFETY
In consideration of the use of the exercise equipment and facilities provided by the company, by joining the customer expressly agrees and contracts, on behalf of himself, herself or themselves, heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by the customer, or guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the company. By the execution of this agreement, customers accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to them or their guest, and they hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities. Cubic staff are not medically trained and are therefore not qualified to assess whether the Club user is in appropriate physical condition to use the facilities. Cubic advises all gym users to take medical advice prior to starting any exercise program if they are in any doubt as to their ability to do so.The Member warrants and represents upon their Membership Application Form, and repeats such warranty upon each visit to the gym, that they are in good physical condition and know of no medical or other reason why they should not engage in any form of exercise, and that such exercise would not be detrimental to their health, safety, comfort, or physical condition.
PERSONAL TRAINING
The Personal Trainers (PT) who operate within gym are employees of Cubic. In using a PT, you are entering into an agreement with Cubic and all its Terms and Conditions, Customers are not allowed to bring a trainer out of the premises for work unless agreed upon management.
RELOCATION OF A CLUB BY CUBIC
Cubic may relocate a gym, or open a new gym near the Member's current gym. In such case, Cubic may, on no less than 4 weeks' written notice to the Member, notify the Member that the relocated gym or the new gym is to be the gym in respect of which the Member has their Membership.
TERMINATION OF MEMBERSHIP BY CUBIC
Cubic may terminate a Membership without notice and with immediate effect if: The Member breaches these Terms & Conditions or the gym rules, either repeatedly or because of one serious breach; Any due fees remain unpaid after any request for payment by Cubic; Cubic is of the opinion (acting in its discretion) that the Member is not suitable for continued Membership; The Member puts the health, safety, or well-being of staff or other Members or Guests at risk. All decisions made by Cubic under this clause are final and binding. Cubic is unlikely to accept a new application for Membership from someone whose Membership has been terminated in accordance with this clause.
CHANGES TO THE CUBIC FITNESS TERMS & CONDITIONS
Cubic may from time to time amend these Terms & Conditions, including the introduction of any additional terms and conditions, and will notify Members by placing a notice on the Club noticeboard. Any changes will be effective immediately.
THE TERMS OF YOUR CONTRACT
An accepted Application Form, these Terms & Conditions, the gym rules, and the PARQ make up a binding contract of Membership with Cubic. Members are advised to read the Terms & Conditions and gym rules in full before accepting the the above. The failure of Cubic to enforce any of its rights at any time for any period shall not be construed as a waiver of those rights. Any failure to identify or act upon a breach of the Terms & Conditions or gym rules shall not be deemed to be an affirmation by Cubic that the behavior of the Member or Guest is acceptable. Except where permitted by this Contract, neither Cubic nor the Member may alter the terms listed above without the express agreement of the other.
PRIVACY POLICY
Cubic is the owner of the website www.thecubicfitness.com. and gives the utmost importance to protecting your personal information. Cubic will collect, record, distribute and use only information that you voluntarily provide to Cubic. If you do not accept or disagree with the terms and conditions of this Privacy Policy. You will not be able to access the system or the company's platform. Cubic will collect only information that is necessary for Cubic to provide services to you. Cubic may request additional information from you for purposes such as improving Cubic's services or analyzing consumer behavior. Cubic will collect only information related to the agreement that the company has made with you. and will store your information for the period specified by law or as long as the information is relevant to the purpose for which it was collected. You can visit and browse Cubic's platform without providing any personal information to Cubic. While you visit or view Your information will not be disclosed to Cubic and your identity will not be known unless you register and apply for membership on the Cubic's platform and log in through your account only.
STORAGE OF PERSONAL INFORMATION
When you have created an account and applied for membership with Cubic or when you provide your personal information to Cubic through other channels, Cubic will collect only your necessary personal information. This includes the following information; 1) First and last name 2) Address; 3) Email; 4) Telephone number, birthday, sex. Please provide correct information. Complete and truthful to Cubic or its authorized representative. If there are changes to your information, please edit your information to reflect the current information you are using. Cubic reserves the right to request any documents to check the accuracy of the information you have provided. Cubic will only store information that you voluntarily provide to Cubic. If you choose not to provide your personal information to the company or choose not to allow the company to use your personal information any longer then Cubic may not be able to provide you full service as usual. You can access and edit your information at any time. If you provide information to another person Cubic will assume that you have received permission from that person. Cubic will not be responsible if you provide other people's personal information without permission from the actual owner of that personal information. If you register and apply for membership with Cubic through your social media account, or you have linked your social media account with the account you have created with Cubic or you have used other services related to the social media accounts of the website www.thecubicfitness.com, Cubic will be able to access your personal information if you allow the social media to collect and access your information.
USE AND DISCLOSURE OF PERSONAL INFORMATION
Your personal information that Cubic collects will be used or share with outsiders (which includes affiliated companies Other related juristic persons External service providers and third party sellers) for the following purposes (but not limited to): To facilitate you in using the service. To process orders that you have submitted through the website. www.thecubicfitness.com. To process payment for your orders placed through the website. www.thecubicfitness.com. To deliver the products you have ordered through the website. www.thecubicfitness.com* We may send your personal information to third parties in order to deliver products to you. To notify you of the delivery status of your order. To be used for providing services related to the customer service center. To confirm your information with the shipping carrier for your order.To send information about marketing activities and various promotions. To manage financial transactions related to your payments. To check information on the website www.thecubicfitness.com. To improve usability and content on the website www.thecubicfitness.com. To understand your view of use on the website www.thecubicfitness.com. To study the behavior of website users www.thecubicfitness.com. To provide information that is useful to you when you use the services on the website www.thecubicfitness.com. To provide information about products and services of the website www.thecubicfitness.com or other sellers on the website www.thecubicfitness.com. You can cancel public relations services regarding marketing activities and promotions at any time. Cubic may need to disclose your information if Cubic has reason to believe that if it does not disclose your information you may have a threat to life and health, or if Cubic has to comply with various legal enforcement actions, or to comply with regulatory and legal requirements and requests of any government agencies. Cubic may share your information with third parties or related companies for the above purposes, especially to make your transaction successful and to manage accounts for marketing and to comply with regulatory and legal requirements and requests as Cubic deems necessary. To share your personal information Cubic will make every effort to ensure that third parties and related parties keep your personal information safe and secure without access, storage, use, disclosure, or any other risky action. allowed and will retain your personal data only for as long as your personal data is still necessary to achieve the above purposes. In conducting business development Cubic may have to sell or buy branches or various business units. In these transactions Customer information is therefore considered a business asset that can be transferred. But it is still subject to the promises made in the previous privacy policy. Except in the case where you have given your consent otherwise. In addition, if there is a case where the company or all of its assets was taken over Your information will also be one of the assets that will be transferred.
CUBIC'S RIGHT TO DISCLOSE PERSONAL INFORMATION
You consent and authorize Cubic to disclose your personal information to authorized government agencies or the true owner of that personal information if Cubic has reason to believe that it is necessary to disclose your personal information in order to perform duties and responsibilities, including management, whether voluntary or necessary to cooperate with government agencies as ordered or government process. You accept and confirm that you will not file a lawsuit or complaint to Cubic in matters related to the disclosure of your personal information.
WITHDRAWL OF CONSENT
You may indicate your intention to cancel Cubic from further using or disclosing your personal information for any purpose. And in any case As stated above, at any time, please contact the company via info@thecubicfitness.com or to express your intention to revoke your consent. However, if you do not allow Cubic to use or disclose your information then Cubic may not be able to provide products or services to you. or are no longer able to fulfill the promises made to you, this depends on the nature of your cancellation. Cubic expressly reserves the right to exercise its legal rights and remedies in such cases.
CORRECTING YOUR PERSONAL INFORMATION
You can edit your personal information to reflect your current information at any time by going to your account page and editing any information that has changed. Please correct your information if there are any changes. If the information on your account page does not match your current information there may be a delay in the delivery of your ordered products or other delays in the service. Cubic may proceed with notification of data corrections made to your information to third parties and related parties. If your personal data is still necessary for the purposes specified above.
ACCESS TO YOUR PERSONAL INFORMATION
If you would like to check your personal information with us or inquire about how your personal information has been used or may be used or disclosed by Cubic within the past year, please contact us via info@thecubicfitness.com. Cubic reserves the right to charge an appropriate fee to retrieve your personal information that has been recorded.
SECURITY OF YOUR PERSONAL INFORMATION
Cubic stores all your information securely and will protect your personal information by: Restrict access to personal information; Maintain technological tools and equipment to prevent unauthorized access to the computer; Securely destroy your data when the information is no longer necessary for legal or business reasons. Your password will be your login tool to your account. Please use unique numbers, letters, and special symbols and do not share your password with anyone. If you share your password with others You will be responsible for any actions including all results that occur under your account name. If you let your password become known You may not be able to control your personal information and other information of you provided to Cubic. You may also be bound by legal provisions on your behalf. Therefore, if your password is at risk of being known, You should contact Cubic immediately and change your password. Cubic reminds you that you must log out of your account and close your internet browsing program every time you finish using a public computer.
MINORS
For those who are minors under Thai law You must obtain consent and approval from your parent or guardian before applying for membership with Cubic. If you are a minor who has already applied for membership with Cubic, Cubic will assume that you have received consent and approval from your parents or guardians. You agree and accept that Cubic is not responsible for anything in all cases to you and the persons involved. If you do not have the consent and approval of your parent or guardian before applying for your membership.
COMPUTER DATA STORAGE
Cubic or service providers authorized by Cubic may use cookies, web beacons, or other technologies to collect information to help you use the service and access the service better, faster, more securely, and more efficiently more personal. When you visit the website www.thecubicfitness.com, Cubic's servers will automatically record information sent by your internet surfing program whenever you visit the website. This information includes: IP address of your computer, types of internet browsing programs, the website you visited before coming to the company's platform, web pages that you visit on Cubic's platform, time spent visiting that web page. Information searched on our platform includes the time and date of visits and other statistical information. This information is stored for analysis and evaluation to help Cubic improve their platforms and service
COOKIES AND SMALL DATA FILES
It generally consists of a set of letters and a set of numbers that is stored in the memory of your web browsing program or device when you visit the website or view any messages that allows companies to recognize specific devices and browsing programs and allows companies to more quickly tailor content to individual interests and to help the company create services and platforms to be more convenient and useful for you. Web beacons are small images that may be included in a company's services and platforms. It allows companies to count the number of users who visit these pages. So that the company can better understand your preferences and interests.
SPAM, SPYWARE OR VIRUSES
Cubic does not permit the use of spam, spyware, or viruses on Cubic's platform. If you would like to report a suspicious message Please contact via info@thecubicfitness.com immediately.
CHANGES TO PRIVACY POLICY
Cubic reserves the right to update and change this Privacy Policy at any time. Any change events arising with this policy will be published on the Cubic's platform only. Contact website www.thecubicfitness.com If you need to contact the company whether it is about revoking your consent for the company to use your personal information or wish to access or correct your personal information or have questions. Any comments or complaints or need technical assistance or matters related to cookies, please contact us at info@thecubicfitness.com.
APPLICABLE LAW
These Terms of Service and any discrepancies related to Cubic's services will be enforced and interpreted according to Thai law.
