Terms and Conditions
Thank you for choosing LVL and welcome to the services operated by Switch Lifestyle ME FZ LLC, at registered address Fujairah Creative Tower,PO Box No. 4422,Fujairah (we, us or Lvl) via our website available at www.lvl-wellbeing.com (the Site) or any other website, device or platform, along with the sessions available on the Lvl Site and in our Physical spaces plus any other services that we may provide in relation to these services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the Services).
By accepting these Terms (including the linked information herein), and by using the Site, you represent that you have read, understood and agree to be bound by the Terms each time you access the Site or the Services (whether you are a registered user or an unregistered user or visitor to the Site). If you do not agree to be bound by these Terms, please do not access, register or otherwise use the Site or the Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.
1.1 These Terms were last updated on [25 January 2021].
1.2 The Services are operated by Lvl. Further information about Lvl, including how to contact us, is setout in section 13, below.
1.3 You must be 18 years of age or older register with the Site and use the Services. Users under the ageof 18 may only use the Services through the registered account of, and under the supervision of aparent/legal guardian.
1.4 We reserve the right to modify these Terms or its policies relating to the Site or Services at any time,effective upon the posting of an updated version of these Terms on the Site. When we do, we willrevise the updated date at paragraph 1.1 of the Terms. Continued use of the Site and Services afterany such changes shall constitute your consent to such changes.
1.5 Any dispute or claim arising out of, or in connection with this website and service, shall be governed and construed in accordance with the laws of the UAE.
2.1 Subscription to the Services is only available to corporate members and all subscription packages are purchased by a company (Company, Companies) that intends to offer the platform as part of their employee wellness benefits or customer benefits programs.
2.2 All users of the Site create their account through one of the pre-established subscription packages purchased by a Company. Users will be provided with an activation code by a Company and must then register to create an account by entering their email address and selecting a password (the Lvl Membership) on the Site.
2.3 We grant you a limited, revocable, non-exclusive, non-transferable licence to make use of the Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials (as defined in clause 4.1) for the duration of your Lvl Membership. We reserve all rights not expressly granted in these Terms.
2.4 You agree that when you create an account with us, you shall take all steps necessary to protect your activation code and login details and keep them secret. You agree that you shall not give your activation code, login details to anyone else or allow anyone else to use your activation code, login details or account. If you do not keep your activation code or login details secret, or if you share your activation code, account or details with someone else, you accept full responsibility for the consequences of this (including the possible termination of your account).
2.5 Your Lvl Membership remains the property of the Company throughout the duration of the term. The Company may request Switch suspend, restrict or terminate your account and your access to the Services with or without notice if they believe that you have breached these Terms or if you discontinue your employment or custom with the Company.
2.6 Switch may suspend, restrict or terminate your Lvl Membership and your access to the Services with or without notice if we believe you have breached these Terms or if the Company has not maintained its subscription for the Services.
3 THE LVL SERVICES
3.1 Lvl and any content viewed through the Service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. You may not use the Site or the Services to sell products, services to increase traffic to your business or for any other commercial reason. During your Lvl Membership (as defined below) we grant you a limited, revocable, non-exclusive, non-transferable right to access the Service and view content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.2 You may not (except to the extent required in order to use the Site and the Services in accordance with these Terms) copy, store in any medium (including in any other websites) distribute, transmit re-transmit, broadcast, modify, delete or show in public any part of the Site or the Services or extract material from the Site or any materials available through it, create any derivative works from it or in any other way exploit all or any part of this Site or any materials available through it without our prior written consent.
3.3 The Site, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of Lvl content.
3.4 Without limiting any rights or remedies available to Lvl under these Terms or at law, Lvl may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site.
3.5 There may be times when the Services or any part of them are not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
3.6 We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of your Lvl Membership). We are not liable or responsible for any failure to perform or delay in performance of any of our obligations that is caused by events outside our reasonable control. We are entitled to modify or discontinue the Services in our sole discretion upon reasonable notice.
4 INTELLECTUAL PROPERTY
4.1 The Services and other material on the Services are owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Site and Service, including our trademarks and logos, the design and layout of the Site, the visual interfaces, graphics, design, information, databases, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the Materials) are owned or licensed by us and are protected by relevant intellectual property rights and laws and may not be copied or imitated in whole or in part. All Materials contained on our Services are the property of Lvl and/or third party licensors.
4.2 You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
4.3 The Service may allow you to post comments, text, graphics, photos, videos or other material (User Content) to the Site, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds.
4.5 Without prejudice to any other rights and remedies of Lvl under these Terms or at law, Lvl may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove User Content. Lvl may, in its sole discretion elect to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with these Terms or our policies.
5 YOUR USE OF OUR SERVICES (DIGITAL & PHYSICAL)
5.1 You must comply with the laws that apply to you in the location that you access the Services from. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
5.2 You warrant that all the information you provide to us on registering, accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
5.3 Lvl excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site and the Services.
5.5 You agree that you will not:
(a)post comments or content that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
(b)post comments, questions or answers or content which (in our sole opinion) is obscene, racist, culturally or religiously offensive, constitutes offensive or critical political content, uses profanity, abuses other users, disrespects another’s culture, is contrary to public interest, threatens national security, constitutes or is considered to promote gambling, or is otherwise other derogatory, indecent or inappropriate;
(c)post comments or content which infringes any third party intellectual property rights, other proprietary rights or right to privacy;
(d)post any comments or content which(in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
(e)use “keyword spamming” (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing) in comments or content;
(f)manipulate or attempt to manipulate the Site in any way including the prices of any services on the Site (either alone or in conjunction with other users);
(g)distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
(h)distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site’s users;
(i)create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(j)take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
(k)interfere or attempt to interfere with the proper working of the Site;
(l)attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
(m)export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
(n)disclose or publicise any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws;
(o)violate any laws, rules, regulations, guidelines, third party rights or our policies;
5.6 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
5.7 We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
Studio Policies, Rules and Regulations (Physical Spaces)
5.8 You must cancel your booking 12 hours in advance. Failure to do so will result in a charge for the full amount of the session. This includes switching time slots under the 12-hour notice time period. You may cancel your booking through our website or App. Facility room reservations must be cancelled 24 hours in advance. Failure to do so will result in a charge for the full amount of the reservation.
5.9 You must be physically present and check-in a minimum of 5 minutes prior to the start of your booking or your spot may be given to a waitlisted user. If you arrive later than 5 minutes after the session has begun then you may be refused entrance and will be charged for the full amount of the booking.
5.10 You may be required to answer certain questions related to COVID-19 symptoms, and LVL Wellbeing reserves the right to refuse entry upon a failure to answer such questions or otherwise if not satisfied with your responses.
5.11 LVL Wellbeing reserves the right to deny access to any person we deem to be acting in an inappropriate or unsafe manner.
5.12 Persons who purchase any membership package are subjected to a penalty charge of AED50 for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window. The package and/or membership will be frozen immediately and will remain frozen until the penalty fee has been paid.
5.13 You must cancel your facility reservation, including but not limited to studio rental, 24 hours in advance. Failure to do so will result in a charge for the full amount of the reservation. You may cancel your reservation through our website or App.
5.14 You agree that we are in no way responsible for the loss of, theft of, or damage to personal property including items left in lockers, bathrooms, studios or anywhere else in the facilities.
5.15 Persons who purchase a six and/or twelve month unlimited membership may freeze their membership. Persons holding a six month unlimited membership may freeze their membership once for up to two weeks. Persons holding a twelve month unlimited membership may freeze their membership twice, up to two weeks at a time. You must fill in and submit a membership form 72 hours in advance. You must fill in and submit a freeze form, available upon request from a LVL member of staff, 72 hours prior to the start of the freeze date.
5.16 Packages, memberships, facility rentals are non-refundable and non-transferable.
5.17 For the booking of classes for our physical spaces we accept payments online using Visa and MasterCard credit/debit cards in AED only. The Cardholder must retain a copy of transaction records and Merchant policies and rules.
6 LINKS TO OTHER SITES
6.1 The Site may include links to third party websites that are controlled by and maintained by others (Third Party Websites). Lvl cannot accept any responsibility for the materials or offers for goods or services featured on Third Party Websites and any link to such Third Party Websites is not an endorsement or a warranty that such Third Party Websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Lvl is not responsible for the content or availability of any Third Party Websites.
6.2 Although the Site may link to Third Party Websites we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically indicated. Some of the links to Third Party Websites may be “affiliate links”. This means if you click on the link and purchase an item, Lvl will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites.
7 INTELLECTUAL PROPERTY INFRINGEMENT AND CONTENT TAKEDOWN
7.1 Lvl have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
7.2 If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes intellectual property infringement, you should notify us of your intellectual property infringement claim in accordance with the procedure below.
7.3 Your notification must be in writing and contain the following information:(a)a statement that you have identified works which infringe your intellectual property rights, or the intellectual property rights of a third party on whose behalf you are entitled to act;(b)a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;(c)a description of the intellectual property rights that you claim have been infringed;(d)your full name, address and telephone number and a valid email address on which you can be contacted;(e)a statement that you believe in good faith that the disputed use of the material is not authorised by the intellectual property owner, its agent, or the law; and(f)a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the intellectual property rights that are allegedly infringed.Please send the notice containing the above information by email to firstname.lastname@example.org.
7.4 Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to infringe third party intellectual property rights; and (ii) terminate repeat offenders’ use of the Services.
7.5 We have no control over and do not warrant in any way that the content or other information and Materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.
8 MEDICAL DISCLAIMER
8.1 As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in live or video-on-demand classes, activities and any other products and/or services which are provided by third party trainers and consultants via the Site (collectively the Sessions).
8.2 You acknowledge that the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. Our staff, agents, teachers and subcontractors are not medically qualified. The use of any information provided on our Services is solely at your own risk and if you have any doubt about your fitness or capabilities, you should seek advice from a doctor first. You also understand that the Sessions together with any health, fitness and nutritional information are provided by third parties and we take no responsibility for such content.
8.3 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, wellbeing or physical condition. You acknowledge that some of the Sessions may be physically demanding and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part and that your participation in the Sessions will not pose any unusual or serious risks to your health and well-being. By accessing our Services and taking part in any of the Sessions you warrant and represent that you are fit and healthy to take part in the Sessions.
8.4 You hereby waive, release, hold harmless covenant not to claim, and discharge, to the greatest extent permitted by law, Lvl, its employees, contractors and each of their respective parents, subsidiaries, affiliated companies, us from any and all claims arising out of your participation in any of the Sessions.
9 LIMITATION OF LIABILITY
9.1 Nothing in these Terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
9.2 To the extent permitted by law, Lvl excludes all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied including any implied warranties or terms and is not liable for any loss of money, goodwill or reputation, orany special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site or the Services.
9.3 Lvl are not liable to you for any lack of performance, or the unavailability, delayed performance or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
9.4 Lvl accepts no liability for any errors or omissions in the Site or the Services, whether on behalf of itself or third parties.
9.5 Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
9.6 Lvl are not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
9.7 We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
9.8 We assume no responsibility for the content of Third Party Websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party sites.
9.9 To the extent permitted by law, Lvl, its officers, contractors, employees, agents, affiliates, suppliers and content partners shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, personal injury, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, the Services (including without limitation the Sessions) or this Agreement (however arising, including negligence or otherwise and whether or not Lvl has been advised of the possibility of such losses or damages).
9.10 Any liability we do have for losses you suffer (other than those mentioned in clause 9.1 and 9.6) is strictly limited to the purchase price of the relevant subscription where the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
9.11 If you are dissatisfied with the Site, Services or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and the Services as a result of your negligent act or omission would result in irreparable injury to Lvl and Lvl shall treat any such unauthorised use as subject to the terms and conditions of these Terms.
10.1 You agree to indemnify and hold Lvl and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party in relation to your use of the Services.
10.2 You release Lvl and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
11.1 If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (a Dispute) arises out of, in connection with or in relation to these Terms, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of these Terms or this clause, or any question regarding the legal relationships established by these Terms or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
11.2 In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, or such further period as the parties shall agree in writing, the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the London Court of International Arbitration (LCIA), which rules (Rules) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1). The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within thirty (30) days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be London. The arbitration proceedings shall be conducted in the English language and the award shall be in English.
11.3 Nothing in Clause 11.2 shall affect Lvl’s right, where appropriate, to apply to any court of competent jurisdiction seeking:
(a)An injunction, specific performance or similar court order in order to enforce the obligations of the User; or
(b)Any interim or provisional relief that may be necessary to protect the rights or property of that party pending resolution of the Dispute in accordance with Clause 11.
12.1 You hereby grant Lvl the right to, and irrevocably acknowledge and agree that Lvl may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed)under these Terms without requiring your further specific agreement. Lvl agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. These Terms will inure to the benefit of our assigns, licensees and successors-in-title.
12.2 You may not at any time, without the prior written consent of Lvl, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under these Terms without the prior written consent of Lvl.
12.3 If any clause of these Terms shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms. These Terms (as amended from time to time in accordance with paragraph 1.4) sets forth the entire understanding and agreement between you and Lvl with respect to the subject matter hereof.
12.4 None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Lvl and you shall have no authority to bind Lvl in any manner whatsoever.
12.5 No person who is not a party to these Terms shall have any right to enforce any term of them under the Contracts (Rights of Third Parties) Act 1999.
12.6 If these Terms are translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
12.7 These Terms and any issues, disputes or claims arising out of or in connection with them (whether contractual or non-contractual in nature such as claims in tort, from breach of statute or regulation or otherwise) shall be governed by, and construed in accordance with the laws of England and Wales.
12.8 Subject to the provisions of clause 11 (Disputes), all disputes or claims arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.
For any queries in relation to these Terms, the Site or the Services please contact email@example.com.
14 ACCEPTANCE OF THESE TERMS
You acknowledge that you have read these Terms and agree to all its terms and conditions. By using the Site or its Services you agree to be bound by these Terms. If you do not agree to abide by the terms of these Terms, you are not authorized to use or access the Site and its Services.