TERMS OF USE

GENERAL TERMS AND CONDITIONS

ONEFIT is an online platform that provides access to a wide ranging fitness and wellness activities (“Activities”) at places that work with us (the parties providing such Activities are referred to as “Partners”) in Ulaanbaatar (“Service”).

NXT LLC (“we” or “us”) is a technology company that is the legal and sole owner of all rights in and to ONEFIT website, mobile application (such as for iPhone or Android) or content (collectively, the “Platform”). Through the Platform, we provide the Service by connecting our members with the Partners. ONEFIT or NXT LLC itself is not a gym, fitness studio or class provider and does not own, operate or control any of the activities, classes or facilities accessible through the Platform. We do not get involved in any Activity offered by the Partners through the Platform.

These General Terms and Condition (“Terms”) govern the relationship between you and us, your access to and use of the Platform, and your membership with ONEFIT. Please read these Terms carefully before accessing and using the Platform and/or the Service.

ACCEPTANCE OF THE TERMS, AMENDMENTS

Acceptance: Before you register and open an account on the Platform, you must accept and agree to comply with and be bound by these Terms, as amended from time to time. To accept and agree to these Terms, you must click “I entered my information correct and I agree to the Terms and Conditions” button on the Platform after you finish reading these Terms and only if you accept and agree to these Terms. Clicking such button shall be considered as your acceptance and agreement to comply with and be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree with any part of these Terms, do not access and/or use the Platform and/or Service.

Amendment: We may amend these Terms at any time by posting a revised or an updated version on the Platform. Unless we provide a delayed effective date, any revision or update takes effect immediately upon posting of such revised or updated Terms. Your continued access and/or use of the Platform and/or Service after such posting constitutes your binding acceptance of and consent to be bound by the Terms as revised or updated.

Update: We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.

Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted from time to time. All such additional terms are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the additional terms, these Terms shall prevail.

MEMBERSHIP

Eligibility: You must be at least 18 years old to sign up for an account (“Account”) on the Platform and to become our member. If you are under the age of 18, you are not allowed to sign up for a membership plan and may only use the Activities under the company or supervision of a parent or legal guardian, under such person’s Account and subject to these Terms.

Account sign up: To become our member, you must sign up for an Account. If you are using or opening an Account on behalf of a company, an entity, or an organization, then you represent and warrant that you are an authorized representative of that organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such organization.

Number of accounts: You cannot create more than one account.

Account information: When registering and creating your Account, you must provide your real name and information that match with your official name and information in your civil identity card. You agree to maintain accurate, complete and up-to-date personal data in your Account. Your failure to maintain accurate, complete and up-to-date personal data may result in your inability to access and use the Platform and/or Service or our termination of your subscription plan.

QR code: When you are registered and open an Account, the Platform will automatically generate a unique and non-repeatable QR code for each member. You must register with the Partner by scanning your QR code when you arrive at the Partner to receive your booked Activity.

Confidentiality of account information and QR code: You are solely responsible for maintaining the confidentiality of your QR code, account username and/or login password and for restricting access to your Account and you agree to accept responsibility for all activities that occur under your Account.

Membership start date: Your ONEFIT membership plan starts on the date on which you sign up for an Account with us and submit payment. Each membership plan cycle is one month in length (“Membership Cycle”), and will automatically end after the end of one month without prior notice to you. For example, if your membership plan starts on May 25, it will automatically end on June 24.

Eligible Activities: You receive certain number of Activities per Membership Cycle (“Eligible Activities”) to be used to visit any Partner of your choice available on the Platform and subject to the respective conditions set by the Partners. The number of Eligible Activities may differ for different types of membership plans. Please see our current membership plans here. Please note that any Eligible Activities not used during a month are forfeited and will not be exercisable in the next monthly cycle. We and/or our Partners reserve the right to change from time to time in our and/or our Partners’ sole and absolute discretion the number of Eligible Activities you can take per Membership Cycle, membership plan, geography, Partner or otherwise.

Number of visits to a Partner: Each Partner independently sets the number of visits each member can make per Membership Cycle. Certain Partners allow up to 5 visits per month while some Partners only allow 1 visit per month. If a Partner has more than 1 location and allows up to 5 visits per month, ONEFIT members can go up to 5 visits across all of its locations, but not 5 visits per location. Please read the description of each Partner carefully before reserving your Activity.

Transfer of Eligible Activities: Your ONEFIT membership and your Eligible Activities are personal to you. You cannot transfer, share or give your Eligible Activities to third parties, including your friends, members of your family and other members of ONEFIT.

Availability and Allocation: We do not guarantee the availability or particular Activities, Partners, locations, classes or other inventory. Availability of such may change over time, including during the course of any given Membership Cycle.

Change of city: Unless otherwise specified, your subscription in Ulaanbaatar is only allowed to be used in Ulaanbaatar.

Membership plans: We may offer a number of membership plans, including special promotional plans, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Account suspension and termination: We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have repeatedly violated these Terms.

FEES, PURCHASING AND PAYMENTS

Monthly membership fee: The monthly membership fee varies by city and type of membership plan. Please see our current membership plans and fees here. We reserve the right to adjust our pricing in any manner and at any time as we may determine in our sole and absolute discretion upon notice communicated through a posting on the Platform. Unless we expressly communicate otherwise, any price changes to your membership shall not affect your purchased membership plan.

Fees charged by Partners: Your membership plan only covers your access to the Activities listed on the Platform. Some of the Partners may also charge equipment, amenity or other service fees that are not included in their regular activity fees or offer other promotions or add-ons and you are responsible for such charges. Please read the description of each Partner carefully before reserving your Activity.

Promotional offers or discounts: We may make promotional offers or discounts with different features and different rates to our members from time to time in our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Service or the monthly membership fee applied to you.

Payment Method: To purchase a membership plan or an individual activity (i.e., without purchasing a membership plan), you must make the payment online with a current, valid and accepted credit or debit care (“Payment Method”). Your payment will be made via a third party online payment service providers (i.e., your bank). For example, when you make your payment online, you will leave the Platform and automatically transfer to your bank’s website to enter your account details and complete your payment. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method and/or online payment. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method and/or online payment. Besides making payment online, you can pay by cash or via mobile application such as Most Money and Smart Bank.

Taxes: Your purchase of an activity and/or monthly subscription fee is inclusive of value added tax.

MEMBERSHIP CANCELLATION AND HOLD

Cancellation of membership: You may terminate your monthly membership plan at any time with 3 days of notice by sending us an email to cancel@onefit.mn. Following any cancellation you will continue to have access to your subscription through the end of the notice period.

Refunds: Our fees for your monthly membership plan and any other fees are non-refundable, except that we will provide a refund to you in the following circumstances:

• if you are cancelling your membership plan and request a refund within 5 days of your initial purchase, or
• if you are cancelling your membership plan due to relocation, disability or death

in each case, we will charge a fee to cover the cost of any Activity or Service you may have used prior to your cancellation.

Hold: If you expect not to use your membership plan for more than 7 consecutive days for any reason, you can hold your membership plan at any time. To hold your membership plan, you must request a hold at least 3 days prior to the expected start date of your hold period by sending us an email to hold@onefit.mn.

ACTIVITY RESERVATIONS AND CANCELLATIONS 

Activity reservations: All Activities are updated on a weekly basis. You must reserve an Activity on the Platform in advance before you join the Activity. You may reserve up to the total number of Eligible Activities per Membership Cycle. Activities can be reserved one week in advance and will close daily at 12 am midnight, but some Partners may have shorter reservation windows.

Reservations and cancellations through the Platform: You cannot reserve or cancel directly with a Partner. If you breach your obligation and reserve or cancel any Activity directly with a Partner, we will charge you the full amount that the Partner charges for such Activity and/or any applicable cancellation fees, and/or suspend or terminate your membership plan.

Activity cancellation: We have a free cancellation policy before the stipulated cancellation deadline without any penalty or losing a class visit. If you wish to cancel your Activity reservation, you must do so in accordance with the cancellation cut-off time specified by the Partner. If you cancel your reservation of an Activity after the cancellation cut-off time, this will be considered as a late cancellation and you will lose a class visit.

Failure to attend a reserved Activity: If you do not attend or show up at your reserved Activity, this will be considered as a no-show and you will lose a class visit.

Consequences of cancellation and no-show: There will be no refunds (either in the form of money or credit) for activities that are not cancelled before the stipulated deadline or that you did not attend (no-show). There will also be no refunds for any partially used or unused activity.

Proof of identity: Upon visiting the Partner, you may be asked to show your identity card/passport for verification purposes. If you refuse or fail to provide proof of identity, the Partner may deny access to or use of the Service/Activity.

Availability: We make no guarantees or representations on the availability of Activities available for reservation as access to the Activities is on a “first come first serve” and “space available” basis. We reserve the right to change, remove or add the Partners without notice to you or liability to us.

Changes to Activities: We reserve the right in our sole and absolute discretion to remove certain Activities from the Platform and/or Service.

Partner cancellation and no-show: We shall not be liable for the Activity cancellation or no-show by our Partners.

Rate and review an Activity: You may rate your experience gained from the Activity or write a free-text review. By posting your rating and/or review on the Platform, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, publish, list information regarding, remove, translate, distribute, publicly perform or display, and make derivative works of your rating and/or review in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting ONEFIT and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. We may, in our sole and absolute discretion, choose to monitor, review or remove your rating and/or review if we think your rating and/or review has violated these Terms.

USER SUBMISSIONS AND CONTENT

User submissions and content: It is possible for members to submit, post and share content, whether in textual, graphic, pictorial, audio and/or visual form, including submission of entries for competitions and promotions (“User Content”) on and/or through the Platform. We are not responsible for the use of or disclosure of any information that you disclose in connection with User Content. User Content is not controlled by us and may not reflect our opinion. You are solely responsible for your own User Content and the consequences of posting, publishing or sharing them. We do not take no responsibility and assumes no liability for any User Content.

Prohibited user content: You will not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or refuse to allow or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us.

License granted by you to us: By providing User Content to us, you grant us and our affiliates an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your user content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting us, ONEFIT and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Feedback: If you provide us with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Platform and/or Service (“Feedback”), we have the right to use such Feedback in our sole and absolute discretion. You grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to incorporate and use your Feedback for any purposes.

PRIVACY

Privacy is essential: Your privacy is very important to us. In our Privacy Policy (which is incorporated as part of these Terms by reference and can be seen here), we make important disclosures about how you can use the Platform and how we collect and use your information and User Content. Please read the Privacy Policy carefully for more information.

Your consent given to us: By signing up for an Account with us or using the Platform and/or Service, you permit us to collect, store, retain and use any and all personal data about you in accordance with our Privacy Policy and any information that you permitted Facebook to provide to us. If you sign up for an Account through your Facebook credentials, you permit us to access certain information from your Facebook’s profile for use by the Platform and/or Service. 

Partners’ access to your information: When you reserve an Activity, the applicable Partner will have access to certain information about you, such as your name and email address, so it can provide its services to you, communicate with you regarding the Activity you reserved and send you other communication that may be of interest to you.

YOUR OBLIGATIONS

Use of purpose: You will not use the Platform for any purpose that is unlawful or prohibited by these Terms.

Internet charges: You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.

Use of materials from the Platform: You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. 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 or for any commercial use.

Compliance with instructions: You must comply at all times with any instructions for use of the Platform, Service and Activity which we and/or Partners make from time to time. If you incur, intentionally or otherwise, any physical or property damage to a Partner, you must remedy the damage.

Risks inherent to exercise: You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us and our Partners.

Prohibited conducts: You must not:

• use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
• act in a way, or use or introduce anything (including any virus) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
• attempt to gain unauthorised access to the Platform, other members’ Accounts, computer systems or networks connected to our server, through any means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
• intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any members or Partners;
• upload to the Platform or send to other members any pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous or otherwise inappropriate content; and/or
• harass, threaten, disrupt or defraud users, members or staff of ONEFIT, NXT or Partners or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment.

INTELLECTUAL PROPERTY

Platform ownership: The Platform is owned and operated by NXT LLC. We are the legal owner of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmes, computer code, downloadable files, software applications, interactive features, tools, services) or other information or content made available on or through the Platform.

Registered trademark: The term “ONEFIT”, our icon and our logo are our trademarks, trade names and service marks, and protected by the laws of Mongolia.

DISCLAIMERS

Activities provided by Partners: All Activities offered through the Platform are offered, provided and delivered by the applicable Partner and not by us. We are not an agent of any Partner or third party provider. Your attendance at and participation in and your use of any Activity is solely at your own risk. We are not responsible nor liable for any type of loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Partner who provides the Activities to you.

Your agreement with a Partner: We are not a party to any agreement, dealing or transaction entered into between you and the Partner, whether as a result, directly or indirectly, from using the Service and we disclaim any and all responsibilities and/or liabilities arising from such agreement between you and the Partner.

“As is” and “as available” basis: The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.

Availability of the Platform: We endeavour to make the Platform available 24 hours a day, however, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. Due to the nature of the Internet, we do not guarantee that your access to the Platform will be uninterrupted, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

Disclaimer: To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:

• the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
• any error in, or omission from, any information made available through the Platform and/or Service;
• any other party's access and/or use of the Platform and/or Service using your username and/or login password;
• any exposure to malicious software including but not limited to, any viruses which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
• any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

No warranties: We do not represent, warrant or guarantee that (i) the Platform and/or Service will be compatible with all hardware, software and operating system which you may use; (ii) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or (iii) about the quality, suitability, safety or ability of the Partners’ services.

SUSPENSION AND TERMINATION

Monitoring: We reserve the right, in our absolute discretion, to monitor any and all access and use of the Platform and/or Service.

Suspension and termination: Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms for breach of these Terms. On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.

THIRD PARTY ADVERTISEMENT, LINKS TO OTHER WEBSITES

Links: Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.

No affiliation: Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.

Your risk: Your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

Advertisement: We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.

MISCELLANEOUS 

Communications from ONEFIT: By signing up with ONEFIT, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, Activity reservation and cancellation confirmations as well as friend requests from other members of ONEFIT. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.

Notice: If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 24 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.

Governing law and jurisdiction: These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of Mongolia without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the courts of Mongolia in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.

Survival: Clauses which, by their nature, are intended to survive termination of these Terms continue in force.

Severability: If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.

Entire agreement: These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.

Assignment: You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, ONEFIT or any Partner as a result of these Terms or use of the Platform and/or Service.

LANGUAGE

In the event of any inconsistencies or discrepancies between the English version and other versions of these Terms or the information on the Platform and/or Service, the Mongolian version shall prevail.