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Terms & Conditions (October 2019)

SUMMARY

Welcome to Dan’s. Our full company name is Andean Success Limited (referred to in these terms as Dan’s, we, us or our). Our registered company number is 10788522 and our registered address is 13 Dorset Street, London, W1U6QT, United Kingdom. Our VAT registration number is 299211772. Our website can be found at: www.dans.co.uk. 
Here you will find the Terms and Conditions (“Terms”), that form the basis on which we provide access to our Studio and fitness services (“Services”), including (but not limited to) Group Classes, Courses, Masterclasses, Socials, and Private Lessons). Please read these Terms carefully before you start using our Services.
Please be aware that by using our facilities and Services you accept the entirety of our Terms, and any other rules displayed in our facilities or which we notify you of from time to time and agree to be bound by these Terms.
These Terms will form a legally binding contract between yourself and Dan’s. Breaching any of the terms of Dan’s may result in your account being terminated and refused access to our Services and facilities.
We reserve the right to amend our Terms from time to time. Notifying anyone of these amendments is at our discretion and continuing to use our Services after a revision or amendment takes effect will be deemed as an agreement to the revised or amended Terms.
We may amend our Services at any time and do not guarantee to offer any particular service.
These Terms were last updated 09/10/2019
These Terms set out the terms upon which we agree to provide the Services to you and constitute the entire agreement and understanding between us. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material. Each of us acknowledges that, in entering into these Terms, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those set out expressly in these Terms.


Creating an Account

To create an account and use our Services you must:
⇒ Be over the age of 18
⇒ Confirm that you have no health problems that may affect your participation in using any of our Services.
⇒ Agree to comply with these Terms.

Before attending any of our Services you must create an account and this can be done via our website or in our studio. When signing up we need the following personal information, which will be handled and stored in accordance with our privacy policy (available here):
⇒ Full name
⇒ A valid email address
⇒ A password (this allows you to access your account on our website)
⇒ Your address
⇒ The payment details with which you with to purchase Credit (which is shared directly with Mindbody, our payment provider).
⇒ Any other information reasonably requested by us as part of the sign up process.

You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. You must ensure that the information in your account is updated regularly with any relevant changes.

We reserve the right in our absolute discretion to refuse to register any given prospective user.

Purchasing and Redeeming Class Credit

All of our classes are prepaid, you must therefore ensure that you’ve purchased the required credit before booking a Session.

Credits can be purchased either through the Website or via the studio. All of our up-to-date prices can be found on our website or through a member of our staff. We reserve the right to change our prices from time to time, at our discretion.

All of our class credits are non-refundable, unless for any reason we have to cancel a pre-paid class for any unforeseen reason.

Credits are non-transferable and must be redeemed by the purchaser.
All credits have an associated expiry date, which specifies the amount of time, following and including the purchase date that the credit will expire and become redundant. Up-to-date details of expiry dates can be found on our website or through the Studio.

The expiry date of credits cannot, under any circumstances be extended.
We reserve the right, from time to time, at our discretion to change the expiry date of credits, however this will not affect any outstanding pre-paid credit (i.e. pre-paid unredeemed credit that is active on your account).

Booking and cancelling a session

Classes, Courses and Masterclasses can be booked through our website or in the Studio. Sessions are booked on a first come, first serve basis. Our current class timetable can be found on the Website or in the Studio.

Private Lessons cannot be booked online and must be booked through The Studio.

We endeavour not to make changes to Sessions wherever possible, but we reserve the right at our absolute discretion to do so, including, without limitation, by changing the instructor taking the Session.

Arrive at Dan’s with plenty of time to check-in and prepare for your class. If a user is not present at least 5 minutes prior to the Session’s allotted start time we reserve the right to release their place to another user.

You will be refused entry to a class if you arrive after the scheduled start-time.
If a Session is full a User can join the Waitlist. Users on Waitlist are added to the class as spaces become available on a first come first serve basis. If you are added the class you will receive a confirmation email to let you know.

Please note that our cancellation policy applies to those on the Waitlist, and as such, if you are allocated a spot on the class during the late cancellation window you will be charged a cancellation fee if you cancel your spot or fail to attend.

Classes can be cancelled through the Website or through our Studio.

We operate a 6 hour (prior to scheduled class time) cancellation policy on all group classes, Masterclasses and socials, if you cancel the class with the required notice the credit will be returned to your account. If you fail to provide the required notice you will be charged as if you have attended and your space may be given away to someone on the Waitlist.

If you fail to show up for a class this will be treated as a late cancellation and you will be charged for the class as if you have attended.

Courses are scheduled at the same time each week, over a specified period and are non-refundable. By purchasing a course you commit to attending all of the sessions included within it. If you are unable to attend one or more of your sessions we reserve the right to refuse access to the remainder of the Course, without providing a refund.

Private Lessons are associated with a 24-hour cancellation policy, if you cancel within the required notice period you will not be charged. If your class is cancelled within the late cancellation window you will be charged as if you have attended.

Should our staff deem your behaviour to be inappropriate or offensive, or if you’re behaviour threatens the reputation of our business in any way, or if your behaviour is in breach of any of these rules we reserve the right to close your account, refuse entry or ask you to leave a class.

Whilst we will endeavour to minimise disruption wherever possible, we reserve the right, at our total discretion, to close the studio as required e.g. public holidays or when building work is necessary. Wherever possible we will provide advanced warning of any closure. We will not be responsible for any losses or costs suffered by you as a result of any closure.

Your Health and Wellbeing

By creating an account and/or attending classes, events, activities, and other programs within our facilities and equipment, you acknowledge that there are certain inherent risks and dangers in the strenuous nature of Dan’s services, you hereby acknowledge that you have voluntarily chosen to participate in an intense physical exercise and dance program. You understand that Dan’s strongly recommends that you consult with a physician prior to commencing any classes.

By creating an account, you acknowledge that you have been fully informed of the strenuous nature of the physical exercise and dance programme and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death.

By creating an account and/or attending a class, you assume all risk for your health and well-being, and fully release and hold harmless for any responsibility, cost or damages Dan’s, its instructors, members and employees.

Any advice from our instructors does not constitute medical advice, and we strongly recommend that you consult a qualified healthcare professional prior to commencing a Session if you have any concerns about your health or wellbeing.

You are required to follow the instructions of instructors at all times during a Session. You may not train or coach other users of our Services at our facilities or offer to do so.

Equipment, facilities and services must be used safely and respectfully. Any behaviour deemed to put yourself or others at risk may result in your account being terminated and refused entry.

Proper athletic attire and footwear must be work when using our facilities and Services. We reserve the right to refuse you access to your Services and facilities if you are not wearing appropriate clothing.

Please ensure that you respect the privacy of other Clients when uploading content to social media.

Smoking and the use of vapes is not permitted in our facilities.

Personal Belongings and Safety

Lockers are provided solely for the benefit of those using our Services. You may not keep personal belongings in the lockers overnight. We reserve the right to remove any articles left in a locker overnight to our Lost Property collection. You may claim any of your contents that we have removed from the front desk for up to one week after removal. After this time we will not be responsible for any content we remove from any locker.

Any personal belongings brought to our facilities are at your own risk and we do not access liability for loss or damage of those items whatsoever.

Any property left at our facilities will be placed into Lost Property, items will be kept for a one month period, after which they will be donated to our charity of choice.

Data Protection & Privacy

We are committed to protecting your privacy. Use of your personal information is governed by our Privacy Policy, which is available here [INSERT LINK].

Our Liability

Nothing in these Terms shall exclude or limit our liability to you:
- For death or personal injury caused by our negligence;
- For fraudulent misrepresentation; or
- For any other liability that may nor, under English law, be excluded or limited.

You acknowledge that by using our Services you have voluntarily chosen to participate in strenuous physical exercise. You accept that there are inherent risks and dangers in performing exercises of the nature that we offer as part of our Services, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. We strongly recommend that you consult your doctor prior to commencing any Session.

We shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of:
The actions of a third party unconnected with or Services under these terms

Any circumstances for which you are at fault; or

Any circumstances which we cannot reasonably be expected to control.

You are solely responsible for protecting your account login details and password and we will not be liable for any loss or damage that may result from your failure to do so.

We will not be responsible to you for any loss of profit or any consequential loss arising from our contract with you, and our total liability to you under the contract will not exceed the total fees paid by you."Consequential loss" means losses such as loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, indirect loss

Refunds Policy

You may cancel a purchase of Sessions at any time within a 7 day cooling off period starting from the date of purchase. To cancel a purchase of Sessions you must clearly inform us in writing.

We will confirm your cancellation in writing.

If you cancel an order before using any credit we will refund the full purchase of sessions to you.

If you cancel as above and have already used some of those credits then sessions used will be deducted from any refund due to you on a pro-rated basis. We will tell you how many sessions you have used when you contact us.

We will process a refund as soon as possible and, in any case within 14 days of receipt of your cancellation request provided in accordance with these terms. We will refund any money received from you using the same method originally sued by you to pay for your purchase, unless agreed otherwise.

CHANGING FACILITIES & LOCKERS

Please note that we have limited showers in our changing rooms. We therefore ask that you spend no longer than 5 minutes in the shower at any one time.

We reserve the right to change consumables provided in the changing rooms and to withdraw them completely should it be in the best interest of the business.

Any theft of removal of consumables belonging to Dan’s or our clients will be treated as a serious breach of these Terms and will result in the closure of your account and refused access.

We shall not be liable for any allergic or bad reactions to consumables. If you believe you may be allergic or react badly to any consumables, check ingredients or ask staff for brand names if not visible.

Photography and filming are not permitted at any time and under any circumstances in the changing rooms.

Lockers are available for clients only, while classes take place and while within Dan’s. We reserve the right to empty lockers daily and place property in Lost Property to be kept for up to 3 months, after which it will be donated to charity or disposed. Please speak to Front of House team at the earliest opportunity if you believe your property to be lost.

TONIC BAR

Use of the Tonic Bar is reserved for those who have booked a Session or have made a purchase at The Tonic Bar only.

One purchase at The Tonic Bar gives access to the facilities for one hour only.

FOOD & DRINK ALLERGY WARNING:
Food and drink prepared at Dan’s Tonic Bar may contain: Peanuts, Eggs, Milk, Wheat, Tree Nuts, Soybean, Fish, Shellfish, Mustard, Celery, Gluten, Lupin, Sesame Seeds, Sulphur Dioxide.

We do not advise anyone with any allergy or intolerance to purchase or consume any of Dan’s Tonic Bar’s food or drink without consulting a Doctor first.

MARKETING

From time to time and provided you have consented to us doing so, we may use any of the information you submit to us, including personal data, to provide you with marketing information about us. This is also explained in our Privacy Policy.

By opting out of marketing emails you acknowledge you may not be updated or informed of changes to your account, services, waitlist or information and Dan’s holds no responsibility for any inconvenience or issues caused by opting out of marketing emails.

General

You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

All notices given by you to us or vice-versa must be given by email or in writing to our address stated at the beginning of these Terms

We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us.

These Terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English courts.

Contacting Us

Please submit any questions you have about these Terms or any problems concerning our Services and their use to us by:
Email: bookings@dans.co.uk 
Phone: 02079984086
Post: The Operations Director, 5 Cavendish Place, London, NW2 4DQ

 

Dan’s Privacy Policy

This privacy policy will explain how Dan’s uses the personal data we collect from you when you use our website.

Topics:
Who we are
What data do we collect?
How do we collect your data?
How will we use your data?
How do we store your data?
Marketing
What are your data protection rights?
What are cookies?
How do we use cookies?
What types of cookies do we use?
How to manage your cookies
Privacy policies of other websites
Changes to our privacy policy
How to contact us

Who we are
Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a 'data controller':
- Our site address is www.dans.co.uk
- Our company name is Andean Success Ltd.
- Our registered address is Andean Success Limited, 13 Dorset Street, W1U6QT
- Our nominated representative or Data Protection Officer is The Operations Director and they can be contacted at hello@dans.co.uk

What data do we collect?
Our Company collects the following data:
Personal identification information (Name, email address, phone number, etc.)

We also collect static or moving imagery via CCTV or surveillance systems as you pass through our premises. This is restricted to communal areas only.

How do we collect your data?
You directly provide Our Company with most of the data we collect. We collect data and process data when you:
Register online or place an order for any of our products or services.
Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.
Use or view our website via your browser’s cookies.
Visit our premises.
Our Company may also receive your data indirectly from the following sources:
If you call us by telephone and voluntarily give us your data
If you email us with your data


How will we use your data?

Our Company collects your data so that we can:
Process your order, manage your account, carry out our contract with you.
Where you have agreed to us doing so, email you with special offers on other products and services we think you might like.
When Our Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
Maintain the safety and security of our premises for our customers and staff
Under GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) you have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our credit card payment processing, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

How do we store your data?
Our Company securely stores your data at our website hosting providers, our payment processors and our offices.
Marketing
Our Company would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies. If you have agreed to receive marketing, you may always opt out at a later date. You have the right at any time to stop Our Company from contacting you for marketing purposes or giving your data to other members of the Our Company Group. If you no longer wish to be contacted for marketing purposes, please inform us.

What are your data protection rights?
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request Our Company for copies of your personal data.


The right to rectification – You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.

The right to erasure — You have the right to request that Our Company erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to Our Company’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

What are cookies?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our website, we may collect information from you automatically through cookies or similar technology.
For further information, visit allaboutcookies.org.

How do we use cookies?
Our Company uses cookies in a range of ways to improve your experience on our website, including:
- Keeping you signed in
- Understanding how you use our website

What types of cookies do we use?
There are a number of different types of cookies, however, our website uses:
Functionality — Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

Advertising — Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website

How to manage cookies
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites
Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy
Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 9 October 2019.

How to contact us
If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: hello@dans.co.uk
Call us: 02079984086
Or write to us at: Dan’s, 5 Cavendish Place, London W1G 0QA

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