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The New Gym

TERMS AND CONDITIONS

I. PRINCIPLE TERM

1.Your membership will be activated automatically either when your online payment has been made or when you finish your transaction at the reception counter. If you have any further question, please contact us on 1900 63 69 20 or email to: cskh@thenewgym.vn and we will be more than happy to support.
2. All of these Terms and Conditions will become binding on you and us when your membership has been activated, at which point a contract will come into existence between you and us.
3. By successfully registered, you allow us to send membership reminders, promotion programs to your submitted contact.
4. You will be entitled to all the rights and privileges exercisable for the Type of Membership chosen.
5. You cannot transfer this agreement to anyone else.

II. JOINING FEE

1. The Joining fee 300,000 VND is applied to cover the initial administration costs associated with setting up a new membership and entitle the member to a gym induction session, bookable online. Joining Fee is collected only at the first month of your membership fees. These fees are not refundable under any circumstances.

2. You will have to repurchase the Joining Fee if only your membership package is expired. If you would like to freeze your membership, a 100,000 NVD monthly charge is applied. Your membership can be on freeze for a maximum of 1 months after which your membership will automatically be un-frozen and will revert back to your monthly rate.

3.  We are not responsible for any missed payment due to the wrong information provided.

4. Your personal information can be changed directly via our website or you may want to contact our receptionist for further support.

III. PRICES

1. From time to time we may need to increase the price of membership. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.

2. Promotions are valid at the gym highlighted only. The price given is the lowest price available and may apply to off peak or standard monthly memberships – please visit our fanpage (www.facebook.com/thenewgymvietnam) for more details.

IV. TERMINATION

1. You may want to terminate your membership at anytime.

2. Your membership fee are not refundable under any circumstances.

V. THE NEW GYM RULES

The New Gym applies rules for members to ensure that members will have the safest and most enjoyable experience here. We reserve the right to terminate your membership immediately and without refunding any associated costs in the event of a breach of the following provisions. We hope you understand and comply.

1. There is fraud in using the app account information to enter and exit The New Gym.

2. There is an act of using an external PT or providing this service at The New Gym. eg: Enter the gym but do not exercise, only instruct & show others; joined with different people but did not practice.

3 . Taking pictures, filming, propagating images of other members without permission of that member and the affiliate.

4. Do not return the tool to its original position after use.

5. Intentionally dropping or throwing weights to the floor (even in the free zone) causing loud noises, causing danger to people around.

6. Leave personal belongings in the locker when not going to the gym (New Gym will regularly clean up the locker and donate to charity).

7. Failure to adhere to wearing appropriate clothing and shoes when exercising (too revealing tank tops, denim, barefoot, sandals, boots or topless are prohibited). Bring backpacks, bags or unnecessary items when exercising.

8. Acts of causing trouble and harm to themselves and those around them.

9. Failure to comply with regulations in the parking area.

10. Failure to properly dispose of garbage, failure to maintain general hygiene.

11. Using alcohol, beer, tobacco and other banned substances at The New Gym.

12. Participating in and performing illegal acts at The New Gym.

13. Sleep in the gym including the toilet.

14. Indiscriminate use and display of food in the arena’s premises.

15. Theft, gambling, swearing, assaulting others on the gym premises

VI. ABOUT THE NEW GYM

If you have any questions or have any complaints, please contact us by telephoning our customer service team at 1900 63 6 20 or by e-mailing us at cskh@thenewgym.vn

VII. MISCELLANEOUS TERMS

1. Members must be 16 or older. Members under the age of 16 who wish to participate must register with a personal trainer.

2. You agree to comply with the Rules of Membership which are displayed prominently in the Club and relate to opening hours, use of facilities and your conduct. We may make reasonable changes to these Rules at any time provided that we give you advance notice of the change.

3. We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced.

4. There may be occasions where we have to close all, or part of, the gym of which you are a member. We will do our best to let you know of such closures in advance of them taking place, unless the problem is urgent or an emergency. We will use all commercially reasonable endeavours to ensure that such closures are outside of peak visiting hours and are kept to a minimum, in both duration and frequency. You will not be entitled to a refund of part of, or all of, your membership fees in such circumstances.

5. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any event that is outside of our reasonable control.

6. As a consumer, you have legal rights in relation to any services that are not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

7. This agreement is governed by Vietnamese Law.

8. We may terminate this agreement with immediate effect on notifying you if you are in breach of the Clubs Rules.

9. To the best of your knowledge and belief you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition. Further, that you will advise us immediately should your circumstances change.

VIII. SECURITIES REGULATION

1. The New Gym has the necessary security measures and tools to ensure the protection of customer’s personal and payment information in the most comprehensive manner. The New Gym will not store any information of customers during payment process or your cards on any platform. All transaction is encrypted and made automatically between The New Gym and Payment Gateway/Bank for maximum protection.

2. Members are not allowed to use any programs, tools of any type to interfere with the system or alter the data structure. The New Gym prohibits the spreading, propagation, or promotion of any activity that interferes with, sabotages or otherwise infiltrates system data. Any individual or organization who violates will be deprived of all rights and prosecuted if necessary.

3. All customer information will be kept confidential, however, upon receiving a written request from authorized law enforcement agencies, we will have to provide this information to such agency by regulations.

4. CCTVs are in operation on The New Gym premises. Base on request from authorized law enforcement agency, we will have to provide this information to such agency in accordance with regulation.

IX. ACCESS DEVICE REGULATION

1. Access Device (defined below) can only be used by you: Access Device is issued solely for your use, as your membership is personal to you and only covers your use of a gym. You are responsible for keeping your Access Device secure and confidential at all times. Access Device remains our property at all times (unless agreed otherwise and evidenced in writing).

2. Member information is always closely monitored: For the benefit and safety of all members, account information plays a role in saving access time and will be tracked in case documents are needed.

3. For security reasons and in particular in order to prevent access of unauthorized persons to The New Gym, access to The New Gym may be controlled by using a biometric system of verification, using a account which includes an alphanumeric code created from biometric data of the Member. The New Gym neither collects nor keeps the biometric data. The alphanumeric code is encrypted only on the access device and is protected from unauthorized access by third parties by cryptographic mechanisms.

4. What we will do if we think your Access Device has been misused: Should we believe that your Access Device has been used by another individual or individuals we may (in our discretion) decide to conduct an investigation. If we do so we will: (a) inform you, via email, that we believe your Access Device has been used by another individual or individuals and ask you to provide us with reasonable assistance to investigate the matter; and (b) following our investigation we will contact you, via email, to inform you of our findings and our proposed course of action, which may include one or more of the steps set out in paragraph below.

5. Our Right to make additional charges and/or cancel your membership: If you unreasonably refuse to cooperate with our investigation, or following our investigation we have reasonable grounds to believe that your access device was used, with or without your knowledge and/or consent, by another individual or individuals, depending on the particular circumstances of each case, we reserve the right to take one or both of the following steps, which are in addition to any other legal rights that we may have : (a) to apply a penalty charge to your membership fees (and increase your credit payment(s) accordingly). The penalty charge will be calculated as being equal to the daily membership charge (that applied at the time of use) for each occasion on which your access device was used by that individual/those individuals; and/or (b) in the event of serious misuse of your access device, for example, your access device has been used on repeated occasions and/or by more than one individual, to notify you, via email, that we are cancelling your membership with immediate effect, and no refunds will be given.

6. Your responsibility for another’s conduct: If we have reasonable grounds for believing that you knowingly provided your wristband / Access Device to another individual or individuals, or allowed unauthorized entry following your entry to the gym (Known as tailgating) in addition to our rights referred to in paragraph 4 above, we may hold you responsible for the conduct of the individual(s) while on our gym premises, and liable for any loss we suffer as a consequence of that conduct.