TERMS AND CONDITIONS

Welcome to Shine Cycle (the “Studio”) and its website, www.shine-cycle.com (the “Site”). Your use of the Site constitutes your agreement to all such Terms and Shine Cycle’s Privacy Policy found below. These Terms and Conditions contain important information regarding your legal rights and obligations and sets forth the legally binding terms for you as a client of Shine Cycle.  By visiting the Shine Cycle website or using its services, you hereby agree to and are bound by these terms and conditions.
 
General Provisions
As a client of Shine Cycle and user of the Site, you are responsible for maintaining the confidentiality of your account, password, and access to your computer.  You hereby agree to accept responsibility for all activities that occur under your account name.  You are limited to only one account and shall not assign or otherwise transfer your account to any other person or entity.  We take every measure and precaution to secure and protect your account information.  However, Shine Cycle is not responsible for third party access to your account that results from theft or misappropriation of your account.  Notify us immediately of any breach of security or unauthorized use of your account.  Shine Cycle will communicate with you electronically, either by email or by posting information on the Website.  Any personal information collected is kept secure and may only be used by Shine Cycle to contact you with information, notices, and marketing promotions.  Shine Cycle and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its own discretion.

Lockers are provided solely for your benefit and convenience.  The Studio will remove any articles left in a locker overnight.  Proper athletic attire is required. The Studio reserves the right to make the final determination in its sole discretion with regard to appropriate attire.  From time to time, the Studio may make the services of independent contractors available to you and your guests. The Studio does not warrant or guarantee the quality of these services.  The Studio may from time to time reserve the use of its facilities for special events, competitions and private functions.  As a result of repair, maintenance, special occasions, or natural disaster, the Studio may be required to restrict the use or temporarily close its facilities or activities from time to time. Hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at the Studio’s discretion.
 
Class Reservations and Charges
In order to make reservation for any class, you must first purchase a class or a series.  You may buy individual classes or series by coming into the studio or online.  To buy a class or a series online, you shall create an account first by using your email and creating a password. Please note the prices of future classes and/or memberships might be subject to change. Your credit card will be charged for your order as you as you submit your purchase.  As soon as the charge is approved, your classes or membership will be become available on your account.  Shall you fail to pay charges when due, Shine Cycle reserves the right to suspend and/or terminate your privileges. You may be liable for any fees, including collection costs, that Shine Cycle may incur in its efforts to collect any unpaid balances from you.  Classes and memberships purchased are not entitled to a refund.  All monthly membership cancellations require at least 30 days’ notice to avoid any future charges.  The notice must be given prior to the date of the renewal and in writing.  To end your membership, please email info@Shine-Cycle.com
 
All cancellations must be done 8 hours in advance of the class start time.  You can cancel a class reservation by simply logging into your account and selecting a class that you want to cancel.  You may also call the studio to cancel.  If you cancel more than 8 hours in advance, your class credit will be returned to your account.  If you do not cancel more than 8 hours ahead of time, the credit will not be returned to your account.  If the class is reserved using the unlimited monthly membership and is not canceled 8 hours ahead of time, Shine Cycle reserves the right to charge a “no show” fee of $12.
 
All children under 18 years of age must be accompanied by a parent or guardian.  Initial registration must be completed in person at the Studio. Minors who meet the minimum height requirement of 4’11” and who have had a parent sign the Minor Rider Waiver Form, may sign up on line and subsequently come in independently. Children under age 13 are not permitted in any Studio facility without the express permission of Studio management. If you are under 13 years of age, please DO NOT attempt to register on the website.  If Shine Cycle Cycling Studio learns that any personal information has been submitted to the website from a child under the age 13, we will delete that information.  If you believe that we might have any information from or about a child under 13 years of age please contact us at info@Shine-Cycle.com
 
All payments (including per class payments and incidentals) are payable by electronic funds transfer from the Purchaser’s credit card account or debit card account. Purchaser must authorize payments to be made through a third party administered electronic funds transfer system. Purchaser maintains full control and privacy over his or her account at all times, and the transfer of funds affects only those fees that have Purchaser’s prior authorization and when a Purchaser authorizes any additional transaction, including but not limited to single classes, class series, class packages, and retail or juice bar transactions either on the Studio’s website or in the Studio’s facilities, as well as charges associated with late cancellation and/or no-shows.
 
The Studio (in its sole discretion) may revoke Purchaser’s class, class series or class credits, at any time and without refund, in the event that Purchaser engages in behavior that is unsafe or objectionable to other participants or staff, or for reasons of nuisance, disturbance to other participants or staff, moral turpitude or fraud, or personal hygiene and attire. The Studio also reserves the right to require Purchaser to leave for the day if, in the Studio’s reasonable judgment, Purchaser poses a health or safety risk to Purchaser or others, or is disturbing or likely to disturb other participants or staff.
 
Purchaser Risk
You are strongly advised to consult with your physician or to have a physical examination before using any of the Studio’s facilities or enrolling in any of the Studio’s classes, especially if you are elderly, pregnant, have a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to strenuous physical exertion or have any other physical limitations that could create an increased risk of injury or adverse health consequences from strenuous exercise.  You hereby acknowledge that your participation in the Studio’s classes and use of the Studio’s facilities might involve a risk of severe, permanent physical injury (including, without limitation, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, etc.)  By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, YOU WILLINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS.  The Studio cannot, and does not, guarantee that any facility, class or equipment is free of risk of any and all accidents or injuries of any kind (including death).
 
You are strongly encouraged to arrive early prior to your first ride as well as request ongoing support available at the Studio to ensure the proper and safe use of all of the Studio’s equipment.  You shall not use any Studio facility, service or equipment in such a way as to endanger the health or safety of yourself or others.  You shall be responsible for any property damage or personal injury caused by you and/or your guests. You hereby agrees not to violate any laws while in any Studio facility and agree further to abide by all of the Studio’s rules and regulations, as they now exist and as they may be amended from time to time in the discretion of the Studio.
 
By enrolling or participating in any of the Studio’s classes, or otherwise using any of the Studio’s facilities, you represent and warrant that you are (i) in good medical and physical condition, and that participation in the classes or use of the facilities does not pose any danger to your health; (ii) have no medical or physical conditions that would preclude your participation in any of the Studio’s classes or use of the Studio’s facilities, or otherwise create an increased risk of injury or adverse health consequences as a result of strenuous exercise; and (iii) have not been instructed or advised by any physician against participating in strenuous physical exercise or exertion, participating in any of the Studio’s classes, or using the Studio’s facilities.

Loss of Property: You are encouraged not to bring valuables into the Studio premises and to keep valuables with him or her at all times. The Studio shall not be liable for the disappearance, loss or theft of, or damage to, personal property (including money, negotiable securities and jewelry).
 
Miscellaneous
The Studio will not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry in considering applications for, or have taken other action in connection with, entrance in the Studio.
 
It is understood and agreed that no failure or delay by any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power or privilege hereunder.
 
If any provision of these Terms and Conditions of Purchase is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this contract, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
 
This agreement shall be governed in all respects by the substantive law of Brunei Darussalam, without regard to its conflict of law principles. Purchaser hereby unconditionally consents to submit to the jurisdiction of Brunei Darussalam for any actions, suits or proceedings arising out of or relating to this agreement.
 
These Terms and Conditions of Purchase and all rules and regulations of the Studio, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements relating to the subject matter hereof. This agreement may be modified only by an instrument in writing and only by the Studio.
 
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SHINE CYCLE and SHINE CYCLE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SHINE CYCLE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SHINE CYCLE of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Shine-Cycle.com domain, you hereby acknowledge and consent that SHINE CYCLE may share such information and data with any third party with whom SHINE CYCLE has a contractual relationship to provide the requested product, service or functionality on behalf of www.Shine-Cycle.com users and customers.
 
The Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase services via your mobile phone, (ii) the ability to browse the Site from your mobile phone and (the “Mobile Services”). Your carrier’s normal messaging, data and other rates and fees will apply.
 
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.Shine- Cycle.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SHINE CYCLE that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SHINE CYCLE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SHINE CYCLE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SHINE CYCLE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SHINE CYCLE or our licensors except as expressly authorized by these Terms.
 
Indemnification
You agree to indemnify, defend and hold harmless SHINE CYCLE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SHINE CYCLE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SHINE CYCLE in asserting any available defenses.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHINE CYCLE CYCLING STUDIO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SHINE CYCLE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHINE CYCLE CYCLING STUDIO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHINE CYCLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHINE CYCLE CYCLING STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SHINE CYCLE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SHINE CYCLE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
 
Contact Us
SHINE CYCLE welcomes your questions or comments regarding the Terms at info@Shine-Cycle.com