Legal Things

Terms and Condition

TERMS OF USE

Welcome to Classmonk.com. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf on(of?) an entity ("you ") and Classmonk.com("we ", "us" or "our"), concerning your access to and use of the Classmonk.com as well as any other media forms, media channel, mobile website or mobile application related, linked, or otherwise connected there to (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our Sites:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Sites, When using our Sites, you must comply with this Acceptable Use Policy.

Our Cookie Policy, which sets out information about the cookies on our Sites.

Accessing our Sites

Our sites are made available free of charge

We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Sites.

You are also responsible for ensuring that any persons with access to our Sites through your internet connection are aware of these terms of use and the other applicable terms and conditions listed above, and that they comply with them.

Your account and password

In order to register for an account on our Sites, you must be aged 16 or above at the point of registration to register for an account on our Sites. You must (or your parent or guardian acting on your behalf) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

If you choose, or you are provided with, any user identification code, password or any other piece of information as part of our security procedures to set up an account, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with applicable law or any of the provisions of these terms of use and/or if we believe that your account is being used in an unauthorised or fraudulent manner

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@classmonk.com. Following such notification you may be required to set up a new account with a new identification code and/or password.

Agreements between Users of Our Sites

Our Sites allow instructors to advertise their courses to potential users (each, a "user").

You may use the Sites as a guest user or a registered user. Once you have found the class or course that best suits your needs, you can make an enquiry to the instructor. The booking request form may include your email address, phone number and credit card information.

Once the instructor accepts your booking request, you will be notified of the confirmation. Contact may be made via our messaging functionality.

We will not be a party to any agreement between an Instructor and a Participant. The terms of any agreement entered into between an Instructor and a Participant may vary from Instructor to Instructor. It is your responsibility to review and agree to an Instructor’s specific terms including the Instructor’s terms relating to payments and cancellations. All aspects of a transaction between a Participant and an Instructor, including (but not limited to) the quality, condition, safety or legality of the class or courses advertised and the ability of a user to enter into a transaction are solely the responsibility of each participant. We do not represent, or negotiate, or carry out research on the part of or act on behalf of either Instructor or Participants.

We do not accept any responsibility for the confirmation of a Participant and/or Instructor’s identity. We encourage users to take all such steps as necessary to communicate directly with a Participant/Instructor (as applicable) to assure yourself of the other person’s identity, details of the agreement.

Pricing

The prices of courses(classes and training sessions) displayed on the Sites are subject to change at any time. Despite our best efforts, some of the prices listed on the Sites may be incorrect. We expressly reserve the right to correct any pricing errors on our Sites and/or on potential bookings which have not yet been completed.

We display the prices that Instructors list on their classes. We are not responsible or liable for the accuracy of the prices displayed, to the maximum extent permitted by applicable law. We also reserve the right to charge a subscription fee or change in other pricing. We may or may not alert you about any such changes.

From time to time, third parties may list promotions, special offers or other forms of coupon on our Sites ("Coupons"). Coupons will contain terms and conditions that will apply in addition to these Terms, and will be void if you attempt to redeem the Coupon in violation of either these Terms or the terms of the Coupon. Unless expressly stated on the Coupon, it may not be used in combination with other promotions or discounts. Coupons are only redeemable during the promotional period specified in the Coupon, subject to availability. These Coupons will be non-transferable and have no alternative cash value.

Payment Collection Consent

When making payment via our Site, we may collect certain information (such as your name, credit card information and zip code) as necessary to process your order. We will need to provide certain payment and billing information directly to our payment processing partners, including but not limited to your name, credit card information, billing address and zip code. We do not access, store or collect your credit card information. The collection, use, and disclosure of your information will also be subject to the privacy policies and other terms of the payment account providers. You should review such privacy policies, terms, and other agreements.

For Users ( or Participants)

By requesting to book the classes, you give consent to Classmonk to withdraw payment as equal amount as pricing set by instructors. Upon confirmation of your booking request, we withdraw the fund from your bank account on behalf of the instructor or the class organiser via our third party payment processor and hold it until the refund period is over as per our Refund Policy. After the refund period is over, we transfer the fund to instructor's account.

For Instructors

Once you confirm the booking request, you provide consent to Classmonk to withdraw equal amount of fund as set by you from participant's bank account on your behalf via our third party payment processor and hold it until the refund period is over as per our Refund Policy. After the refund period is over, we transfer the fund to your bank account after deducting our applicable service fees.

Refunds

For instructors ( Classes cancelled before the first class)

If the instructor or class organizer cancels the class after 48 hours of booking and before the class starts, the instructor or class organizer is responsible for issuing full refunds to the participants.

Classes cancelled after the first class

Instructor or class organizer must refund the participants for the cancelled classes after deducting proportionate amount (Classes held / Total classes paid for* Paid amount) from the payment made by the participant who paid for the class

For more information on refunds, please visit our Refund Policy page

Changes and cancellation

Any agreement entered into will be between a Participant and an Instructor. It is a Participant’s responsibility to make themselves aware of the Instructor’s policies at the time of booking. For more information on cancellation, please visit our Cancellation policy.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Sites, and in the material published on it. Those works are protected by copyright laws and treaties (and/or similar intellectual property laws, as relevant) around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Sites solely for your personal use

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status(and that of any identified contributors) as the authors of content on our Sites must always be acknowledged.

You must not use any part of the content on our Sites for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content of our Sites are provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date. We display the courses(classes and training sessions) information that instructors update from time to time. To the maximum extent permitted by applicable law, we are not responsible for the accuracy of the class information displayed.

We make no representations about the suitability of the information and services available on our Sites for any purpose and the inclusion of any classes on our Sites does not constitute any endorsement or recommendation of such classes by us.

Disclaimer of warranties: You expressly understand and agree that:

  • Your use of our services is at your sole risk. Our services is provided on an 'as is' and 'as available' basis. Classmonk expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability Fitness for a particular purpose and non-infringement.
  • Classmonk makes no warranty that (i) our services will meet your requirements, (ii) our services will be uninterrupted, timely secure, or error-free, (iii) the results that may be obtained from the use of our services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased, or obtained by you through our services will meet your expectations, and (v) any errors in the software will be corrected.
  • Any material downloaded or otherwise obtained through the use of our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • No advice or information whether oral or written, obtained by you from Classmonk or through or from our services shall create any warranty not expressly stated in the Terms of Conditions

Waiver and Release

You understand that Classmonk is not a school or fitness studio or other service provider and the classes you take or services you use are operated and delivered by the applicable Venue and not by Classmonk. Although Classmonk endeavors to offer inventory that is of high quality, Classmonk is not responsible for the quality of any class or service. You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend offer a range of activity and intensity level. By signing up for a Classmonk, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any class or service is appropriate for you. You also understand and agree that the Site offers health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on the Site is solely at your own risk

Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Classmonk, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Classmonk membership or the Site, including with respect to bodily injury, physical harm, illness, death or property damage.

Indemnification; Hold Harmless

You agree to indemnify and hold Classmonk, its affiliated companies and its 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.

Limitation of warranty:

You expressly understand and agree that Classmonk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if our services his been advised of the possibility of such damages), resulting from: (i) the use or the inability to use our services; (ii) the cost of procurement of substitute good and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to our services

Viruses

We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under applicable cyber law. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

Linking to our Sites

You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites in any website that is not owned by you.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home pages.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our Sites other than that set out above, please contact info@classmonk.com

Third party links and resources on our Sites

The Site may include links or access to other web sites or services (" Linked Sites ") solely as a convenience to users. Classmonk does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Classmonk makes no express or implied warranties with regard to the information, material,products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT CLASSMONK WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Classmonk by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Classmonk and the appropriate third party, as applicable
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions.

b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.

c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereo

e) Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Classmonk relating to the subject matter herein

f) Claims: Statute of limitations. YOU AND CLASSMONK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

g) Disclosures. The services hereunder are offered by ClassmonK, Inc., located at: P.O. Box 20196, Greeley Sq. Station, New York, NY 10001. Contact us here If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

h) Waiver. No waiver of any of these Terms by Classmonk is binding unless authorized in writing by an executive officer of Classmonk. In the event that Classmonk waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Classmonk to enforce the same at a later time.

User-submitted content terms/conditions

Users

  • Features are available to all users aged 18 years or more who have a personal, registered user account. No person can claim a right to registration.
  • In order to submit content to our services, you need to create a user account. To create an account, you must submit certain requested information, including a correct email address. When such registration information is requested by our services, the information you provide must be true, accurate, current, and complete.
  • You are responsible for any activity and charges that occur under your user account. You may not transfer your account.
  • You are responsible for keeping your user account password secure and for notifying Classmonk immediately of any breach of security or unauthorized use of your user account.
  • You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on our services and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.

Our services allow users to create user reviews and other user-submitted content, based on prompts from our services (e.g. user review questions) and from the personal experiences and recollections of users. In this Agreement we refer to all of this Content provided by Users as “User Content”. In order for Classmonk to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote our services, we need the right to make use of such User Content in accordance with and subject to this Agreement.

Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual (except as set forth in this Agreement), non-exclusive, transferable, fully-paid, royalty-free (except as expressly set forth in this Agreement), worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which our services from time to time permits User Content to be used, and to license or permit others to do so. This license also grants us the right to sublicense that User Content to other Users (including paid advertisers) to permit their use of that User Content in the manner in which our services from time to time permits User Content to be used.

User-submitted content behavioral codex

  • User submitted content, including reviews, forum posts, social media interactions and all other forms of user content should be used solely for the purpose of constructive, objective, and non-defamatory exchange of opinions.
  • All users undertake to treat other users including paid advertisers with respect and to refrain from attacking, annoying, insulting, offending or disconcerting them in any other way whatsoever.
  • Each User undertakes to act in a fair and trustworthy way and, in particular, to refrain from culpably deceiving or damaging other users, including paid advertisers and others.
  • Users are prohibited from engaging in activities aimed at sabotaging or otherwise interfering with our services and, in particular, from taking any action capable of affecting the physical or electronic structure of this website, its features or any other part of our services.
  • You are solely responsible for your conduct on this site and all other of our services, and use of our services, and for any content, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (collectively, “Content”), that you contribute to the Site.
  • You must not abuse, harass, threaten, impersonate or intimidate other users of our services.
  • You may not use our services for any illegal or unauthorized purpose. International Users agree to comply with all local (Canadian) laws regarding online conduct and acceptable content.
  • You must not create or submit unwanted email or other messages to any Users of the Site.
  • You may not collect or harvest any personally identifiable information, including account names, from the site or other of our services.

  • You may not use our services to upload, transmit or link to prohibited content. Classmonk has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to our services may be subject to examination from time to time. Although Classmonk does not and will not examine or otherwise review all Content submitted or transmitted to our services, Classmonk may delete, move, and edit Content for any reason, at any time, without notice.
  • Classmonk reserves the right to withhold or remove User Content from the Site at any time, without notice, for any reason, or for no reason, in its unilateral discretion.
  • This applies in particular to any user content that:
    • is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, insulting, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate
    • is offensive or inciting violence in any form
    • comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein
    • violates or otherwise encroaches on the rights of others
    • contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our services
    • advocates illegal activity
    • harms anyone, including minors
    • provides a link to any of the above.

Use of user content by Classmonk

Classmonk reserves the right to use all User Content for whatever purposes deemed fit, including use in printed materials, promotional materials, websites, internet applications and any other of our services, at our sole discretion.

Classmonk reserves the right to use all User Content for whatever purposes deemed fit, including use in printed materials, promotional materials, websites, internet applications and any other of our services, at our sole discretion.

  • We may from time to time change the manner in which User Content can be used by our services, and if we do so any license you have granted to us under this Agreement shall automatically be extended to new uses permitted by our services, and any licenses previously granted to us for uses no longer permitted by our services shall continue in accordance with this Agreement. If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used.
  • You may at any time, on written notice to us, terminate your use of the Site and this Agreement, and upon such termination your license to us and our sublicenses to others shall also terminate, provided that after such termination that license and those sublicenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or our services. For example, if at the time of your termination any User Content you have contributed to the Site is used by Classmonk, or has been printed by any other user or paid advertiser for their personal use, or is used by us in promotional materials, those uses may continue until they cease. In particular, if at the time of your termination your User Content has been sublicensed by us to a third party for publication and distribution in print, that sublicense, printing, distribution and sale of printed materials may continue until it terminates according to the terms of our agreement with the third party, and all such printed materials have been sold. Also, if you choose to terminate, we may retain a copy of the applicable User Content for archival purposes. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately.
  • You represent and warrant to Classmonk that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to our services as "User Content", and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by our services and this Agreement.

Notice.

Except as explicitly stated otherwise, legal notices will be served, with respect to Classmonk, on Classmonk’s national registered agent, and, with respect to you, to the email address you provide to Classmonk during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing

Contact us

To contact us, please email info@classmonk.com. Thank you for visiting our Sites.