Welcome to Thriwe! These Terms of Use ("Terms") are a contract between you and Thriwe Inc. ("Thriwe" or "we") and govern your access to and use of any Thriwe website, or content (the "Site") or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through Thriwe. Please read these Terms carefully before accessing and/or using the Site.
These terms contain a binding arbitration agreement and class action waiver that require you to arbitrate all disputes you have with Thriwe on an individual basis. Please refer more information about the arbitration agreement and class action waiver. You expressly agree that disputes between you and Thriwe will be resolved by binding, individual arbitration, and you hereby waive your right to participate in a class action lawsuit or class wide arbitration.
a) Acceptance of Terms. By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Classes.
b) Amendment of Terms. Thriwe may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.
You understand and agree that, at any time and without prior notice Thriwe may (1) terminate, cancel, deactivate, disable, delete and/or suspend your offer, your account, any orders placed, or your access to or use of the Site, your membership and/or passes (or any portion thereof, including but not limited to your access to any or all Venues, credits or classes or services) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site , including of your offer. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Thriwe shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for classes or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Thriwe will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Thriwe deletes your account for these reasons, you may not reregister for or use the Site and/or Classes under any other user name, email, payment method or profile. Thriwe may block your access to the Site to prevent re- registration.
Your privacy is important to Thriwe. The Thriwe Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Thriwe collection, use, and disclosure of your personal information. When you make a reservation, the applicable Venue partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the class you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy for more information.
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
a) The Thriwe website and mobile applications are owned and operated by Thriwe. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site provided by Thriwe ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Content contained on the Site are the copyrighted property of Thriwe or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Thriwe or its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Thriwe, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. If Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
b) By installing, copying, or otherwise using the Site or its software, you acknowledge that you have read and understood these Terms, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Site or Content.
c) You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Site or Content. You agree to abide by the rules and policies established from time to time by Thriwe. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Site and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You agree not to make any use of the Content that would infringe the copyright therein.
d) The Site and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your individual, personal, noncommercial entertainment use.
e) You agree not to share your Thriwe account with anyone other than yourself nor will you allow anyone other than yourself to access or use any Content accessible on or through the Site, including but not limited to sound recordings and/or musical compositions. You agree that you will not attempt to modify any software or Content obtained through the Site for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You further understand that you are not granted any commercial, sale, resale, reproduction, distribution, or promotional use rights for the Content, or any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition and any unauthorized reproduction or distribution of Content is expressly prohibited and may violate applicable law. You are not permitted to modify, edit or repurpose any Content.
f) You represent, warrant and agree that you are using the Site hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree (a) not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Site, (b) you will comply with all applicable laws in your use of the Content, (c) that you will remain a resident of the United States for the duration of your use of the Site.
g) You understand and agree the Content may be owned by Thriwe or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. All owners and providers of Content expressly reserve their rights in and to such Content and you are not permitted to infringe the rights of the copyright owner(s) of the Content, including but not limited to any sound recordings or musical compositions.
h) Thriwe and/or the owners of the Content may, from time to time, remove Content from the Site without notice.
i) The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.
j) The Site, including all software, Content and other information, materials and products included on or otherwise made available to you through the Service are provided "as-is" and "as available" without warranties of any kind from Thriwe or any owners of Content. To the full extent permissible by applicable law, Thriwe and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Thriwe nor any owner of Content warrants that the Site or any software, Content, information, materials or products included on or otherwise made available to you through the Site are free of viruses or other harmful components.
k) Neither Thriwe nor any owner of content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the site or from software, content, information, materials or products included on or otherwise made available to you through the site, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. Thriwe 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, Thriwe makes no express or implied warranties about 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, CONTENT, 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, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT Thriwe 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 THIRD PARTIES ON THE SITE.
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Thriwe to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY Thriwe. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by other than electronic means.
Passes and other non-Thriwe products and services made available via the site are provided by third parties (and the descriptions of the foregoing posted on the site are provided by such third parties), not Thriwe. To the fullest extent permissible pursuant to applicable law, your use of the site and your attendance at, participation in, purchase and/or use of the classes, is solely at your own risk. We do not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to the site and/or classes.
In no event shall Thriwe be liable for any act, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in a class or product, or the performance or non-performance of any third party. Thriwe is not an agent of any third-party.
All aspects of or content or features available through the site and/or classes are provided "as is" and "as available" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Thriwe, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Without limiting the foregoing, Thriwe does not warrant or make any representations (i) that the site and/or any class is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any class or recommendation, (iii) that the site and/or any class, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the site, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. Any material, content or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material, content or data.
Without limiting the foregoing, Thriwe does not warrant or make any representations (i) that the site and/or any class is suitable for you or will meet your personal needs, (ii) regarding the adequacy or safety of any class or recommendation, (iii) that the site and/or any class, or any aspect thereof, will be available or permitted in your jurisdiction, (iv) that the site, or any aspect thereof, will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (v) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. Any material, content or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material, content or data.
You agree to indemnify and hold Thriwe, its affiliated entities, subsidiaries, its suppliers, service providers and partners and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any claims, actions, suits, costs, expenses, losses, damages, liabilities, including attorneys’ fees, arising out of or in connection with your misuse of the Site, passes, 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.
Under no circumstances will Thriwe or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if Thriwe has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Thriwe. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all disputes between you and Thriwe shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, "Thriwe" means Thriwe and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and Thriwe regarding any aspect of your relationship with Thriwe, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Pre-Arbitration Dispute Resolution. Before initiating any Dispute, whether in court or arbitration, you must first give Thriwe an opportunity to resolve the Dispute by mailing written notification to Thriwe,
That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Thriwe does not resolve the Dispute to your satisfaction, you may pursue your Dispute in arbitration.
c) Location of Arbitration. Arbitration shall take place in Delhi, India, but it may proceed by telephone if you so choose.
This Offer is applicable to new HSBC Credit Cardholders (primary and add-on customers), excluding Corporate Cardholders (hereinafter referred to as ‘Cardholders’) who apply for a credit card between 1 January 2020 and 31 March 2020 (‘Offer Period’), and have the card issued subsequently.
This ‘special offer’ is exclusively for individuals (hereinafter referred to as ‘Card Applicant’) who do not hold a HSBC Premier MasterCard® Credit Card and have applied for the same during the offer period.
Cardholder who fulfils the offer criteria will be eligible for 1 complimentary access to 60 min Spa or 1 complimentary Health Checkup at the participating facilities. Basic Terms of Use are mentioned below:
Enter your Privy Pass Number to register.