Terms and Conditions

CMS Fitness Club LLC t/a Sands Fitness (“Sands Fitness”) maintains the sandsfitness.ae Website (“Site”). The following are the Terms of Use that govern use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and the sandsfitness.ae (“Site”) Privacy Policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site. Sands Fitness reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, Sands Fitness may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

 

Interpretation: These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorised officer of Sands Fitness.

 

Limited License: You are granted a limited, non-exclusive, revocable and non-transferable license to utilise and access the Site pursuant to the requirements and restrictions of these Terms of Use. Sands Fitness may change, suspend, or discontinue any aspect of the Site at any time. Sands Fitness may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sub-license, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

 

Site Operation: United Arab Emirates is our Country of Domicile. Sands Fitness controls this Site from the U.A.E. Sands Fitness makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

 

Applicable Law: The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

 

Multi-currency Priced Transaction: The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

 

Purchases: Sands Fitness accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. All refunds will be made onto the original mode of payment.

 

Office of Foreign Assets Control (OFAC) Sanctioned Countries: Sands Fitness will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.

 

Representations by You: By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Sands Fitness through the Site or for inclusion on the Site will not plagiarise, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

 

Permitted Use: You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorised by Sands Fitness to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorised by Sands Fitness to do so. The content and software on this Site is the property of Sands Fitness. The cardholder must retain a copy of transaction records and Merchant policies and rules.

 

Your Account: If you use Sands Fitness Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

 

No Commercial Use: This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Sands Fitness’ prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Sands Fitness will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

 

Links and Search Results: The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Sands Fitness has no control over these sites or the content within them. Sands Fitness does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Sands Fitness does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Sands Fitness for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at  info@sandsfitness.ae.

 

Copyright Policy: Sands Fitness may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

 

Intellectual Property: Sands Fitness is not responsible for the content, quality or accuracy of data provided by users; compilations of such data, text, information and other materials made available to users through Site. The online materials are Sands Fitness’ intellectual property, and are protected by U.S. and international intellectual property laws. The online materials may not be copied or redistributed either in whole or in part without prior written consent of Sands Fitness, except as expressly and specifically permitted under these Terms of Use.

The online materials are and will remain the exclusive property of Sands Fitness. All rights, titles and interests in and to the online materials will be and remain vested solely in Sands Fitness. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the online materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the online materials to create a product for resale or to use the online materials in any way that competes with Sands Fitness.

You acknowledge and agree that Sands Fitness will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the online materials made by or for you. At Sands Fitness’ request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Sands Fitness or perfect these rights, titles or interests in Sands Fitness’ name.

 

Disclaimer of Warranty, Limitation of Damages: Sands Fitness makes no warranty or representation of any kind, either express or implied, including but not limited to warranty of title or non-infringement or implied warranty of merchantability, fitness for a particular purpose, non-infringement or other violation of rights in relation to the availability, accuracy, validity, reliability or content of these pages and/or the site. Sands Fitness also does not make any representation or warranty regarding the accuracy or reliability of any advice, opinion, statement or other information that is submitted, displayed or uploaded through the site by any user.

Sands Fitness shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits or for business interruption arising out of the use of or inability to use this site, even if Sands Fitness has been advised of the possibility of such damages.

Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Sands Fitness would in such case be limited to the greatest extent of liability permitted by law.

 

Violation of Terms of Use: You understand and agree that in Sands Fitness’ sole discretion, and without prior notice, Sands Fitness may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if Sands Fitness believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Sands Fitness, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to Sands Fitness for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. Sands Fitness may release user information about you if required by law or subpoena.

 

Indemnity: You agree to indemnify and hold Sands Fitness, its subsidiaries, affiliates, officers, agents and other partners, employees and volunteers, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

 

License Granted to You: By providing materials to Sands Fitness, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Sands Fitness an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Sands Fitness may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Sands Fitness for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Sands Fitness. Any communication or materials you send to Sands Fitness Sands will be treated as non-confidential and non-proprietary and may be disseminated or used by Sands Fitness for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

 

Advertising: The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Sands Fitness is not responsible for the acts or omissions of any advertiser or sponsor.

 

Privacy Policy: Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Read our Privacy Policy.

 

Delivery Policy: Membership packages that have been purchased will be confirmed via email with receipt of fund and confirming the membership within one day. The membership purchased will dictate the number of sessions the client is permitted to join at the Sands Fitness main facility. All membership details, terms and conditions will be confirmed and agreed upon by both parties once the client redeems the membership at the Sands Fitness main facility.

Sands Fitness does not deliver any products or do multiple shipments/nor accept multiple booking or subscriptions. Products purchased on the Site are to be collected from the Sands Fitness main facility, G01 Daytona House, Dubai Autodrome, Motor City, Dubai, UAE, Tel: +971 4 420 7997.

 

Refund/Return Policy: No session membership refunds of any kind.

No membership refunds of any kind will be provided on memberships that are billed on a monthly basis. Membership refunds may be provided on the remaining unused whole months of the agreed membership term only on memberships that have been paid upfront in full. No fractions of months will be refunded.

No product refunds of any kind will be provided unless the product is returned unopened in its original packaging or proven to be damaged within 7 days of receipt and must be agreed on by Sands Fitness management. Documentation of refund reasoning may be requested.

All refunds will be done only through the Original Mode of Payment. Shipping & Handling fees are non-refundable.

 

Membership Transfer: No membership transfers of any kind will be allowed.

 

Cancellation Policy: Session memberships may only be cancelled via email to Sands Fitness. Refer to the refund policy for information regarding refunds.

Plan memberships may only be cancelled via email to Sands Fitness 14 days before the debit date. Failure to do so will result in members’ account continuing to be debited. Refer to the refund policy for information regarding refunds.

There are no cancellation fees for plan memberships that are cancelled.

Plan memberships that are cancelled more than 14 days before the end of the contracted membership date may be debited the shortfall between the monthly membership rate bracket that the membership termination end date falls into, multiplied by the number of months of membership used, less the total amount of membership fees debited.

Example: A 12 month membership agreement is cancelled via email 14 days before the end of the 9th month. The membership will be terminated at the end of the 9th month. 9 months have been debited at the 12 month rate but falls in the 6 month membership rate bracket. Therefore, the shortfall that will be debited at the membership termination end date will be 9 months at the 6 month membership rate less the total amount already debited for the 9 months at the 12 month membership rate. Shortfall = (9x 6 month membership rate) – (9x 12 month membership rate). You only pay for the membership you have used.

Product orders may be cancelled via email to Sands Fitness within 24 hours of purchase. Refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

 

Billing: Membership fees are paid in advance of service. Fees will be automatically debited on the 1st day of every month via our automated payment system.

 

Membership Rollover: Plan membership agreements that are not cancelled 14 days before the contracted period via email to Sands Fitness, will rollover to a new membership agreement with the same duration as selected in the membership options. If there was a membership fee increase before the membership agreement rollover, the new membership fee will be debited on rollover for the new membership agreement duration.

 

Pausing Memberships: Memberships may only be placed on hold if Sands Fitness is informed via email a minimum of 7 days before the hold start date and must be agreed upon by Sands Fitness. Sands Fitness must be informed of both the start and end hold dates. Memberships may only be placed on hold for a minimum of 2 weeks and a maximum of 12 weeks. Membership fees will continue to be debited on the same debit due dates but will be adjusted (prorated) to account for the number of days that the membership was placed on hold in relationship to the contracted monthly fee. Billing will resume as per normal after the end of the hold end date. No backwards pausing is allowed, i.e. no pausing of dates that are in the past.

 

Cash Payments: No cash payments will be accepted for memberships that are billed on a monthly basis. Cash payments will only be accepted for memberships that are paid upfront in full.

 

Rules and Regulation: Members agree to abide by Sands Fitness rules and regulations.

 

VAT: In compliance with the UAE Government, value added tax (VAT) will be added to all products and services effective 1 January 2018.

 

Termination of Memberships: Sands Fitness reserves the right to, at any point in time, terminate and/or suspend this agreement and/or members participation in any program for any cause or reason, including but not limited to, non-payment of fees, or if the member fails to follow Sands Fitness’ rules and regulations or this agreement, or for any behaviour deemed by Sands Fitness management to be harmful or inappropriate to the enjoyment, and/or participation of any other members, instructor/s, or trainer/s. Termination for any cause is effective on the date that Sands Fitness emails notice to the members’ last known email address. The member/s remains financially responsible for all dues and charges incurred until the date of termination.

 

Severability: If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

 

Headings & section titles in this agreement are for convenience and do not define, limit, or extend any provision of this agreement.

 

If you have any questions about the Terms and Conditions, please contact us on info@sandsfitness.ae.

Effective December 6, 2017