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These Terms of Use ("Terms") establish a legally binding agreement between you ("you" or "your") and Octagon Foxx ("Octagon Foxx," "we," "us," or "our"). They govern your utilization of our Octagon Foxx mobile application or website found at [www.octagonfoxx.com] (referred to as the App/Site), as well as any content, information, products, or services provided on or through the App/Site (collectively, the "Services").
Please carefully review these Terms before accessing or using the App, the Site, or any services.
By accessing or using the App, the Site, or the Services, or by accepting these Terms when prompted, you agree to be bound by them. Additionally, certain sections or features of the App, the Site, or specific Services may necessitate your acceptance of additional terms and conditions, including but not limited to Octagon Foxx standard membership policies, membership agreements, and waivers (collectively referred to as "Additional Terms"). These Additional Terms are integrated into and form part of these Terms.
To access and utilize the App, the Site, and the Services, you must be of the legal age of majority in your jurisdiction and be legally competent to consent to and comply with these Terms. Individuals below the age of majority are not permitted to use the App, the Site, or the Services. By accessing or using the App, the Site, and/or the Services, you confirm and guarantee that you meet these age requirements and possess the legal capacity to enter into these Terms.
We retain the right to modify or amend these Terms at any time. Significant changes to these Terms will be communicated to you via email or through a notification on the App or the Site. Such changes will take effect as specified in the notification or immediately if the change is considered immaterial. Your continued use of the App, the Site, and/or the Services following any such changes constitutes your acceptance of the modified Terms.
We prioritize your privacy. Our Privacy Policy regulates the collection and usage of personal information associated with your use of the App, the Site, and/or the Services. By utilizing the App, the Site, and/or the Services, you consent to the terms outlined in our Privacy Policy.
Octagon Foxx is dedicated to ensuring accessibility for individuals with disabilities. Should you encounter any accessibility issues while utilizing the App, the Site, or the Services, or if you have feedback regarding accessibility, please do not hesitate to contact us.
Certain Services may be accessible via mobile devices. By accessing the Services through a mobile device, you agree to any applicable wireless carrier charges and acknowledge that some Services may be restricted by your carrier. Additionally, you consent to receiving communications from Octagon Foxx via SMS, MMS, or other electronic means on your mobile device. To the extent that these Terms provide for usage rules applicable to an application that are less restrictive than, or otherwise conflict with, the terms of service of the application store ("App Store TOS") from which the application was purchased, the more restrictive or conflicting provision in such App Store TOS will govern and apply.
If you are required to create an account to access any part of the App, the Site, and/or Services, you must treat your account information (including, without limitation, your username, password, and any other required information for security procedures) as confidential. You must not disclose this information to any other person or entity. Furthermore, you acknowledge that your account is personal to you and agree not to provide any other person or entity with access to the App, the Site, and/or Services or any portion of it using your username, password, or other security information. You agree to promptly notify us of any unauthorized access or use of your username or password or any other security breach. You are responsible for any use of the App, the Site, and/or Services or any portion of it using your username, password, or other security information. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if you violate any provision of these Terms.
Detailed descriptions of our membership offerings ("Memberships") can be found on the Site. All Memberships are subject to Octagon Foxx's standard membership policies and your applicable membership agreement(s) with your respective studio(s). You can purchase a Membership on the App or the Site by paying a membership fee in advance on a monthly basis or another interval disclosed to you in advance (referred to as an "Interval"). Upon processing your initial Membership payment, effective as of that date (the "Membership Start Date"), your Membership will immediately commence and remain effective for aninitial period of one (1) Interval following your Membership Start Date (the "Initial Membership Period"). YOUR MEMBERSHIP AUTOMATICALLY RENEWS FOR ADDITIONAL SUCCESSIVE ONE (1) INTERVAL PERIODS (E.G., MONTH-TO-MONTH BASIS) (EACH, A "RENEWAL MEMBERSHIP PERIOD"), AND AT THE START OF EACH INTERVAL, WE WILL AUTOMATICALLY BILL THE MEMBERSHIP\ FEES FOR SUCH INTERVAL TO YOUR PAYMENT METHOD, UNTIL YOUR MEMBERSHIP IS CANCELLED OR TERMINATED.
During the Initial Membership Period or any Renewal Membership Period, you may cancel your Membership at any time after your commitment period on the App or the Site, provided that you will not be entitled to nor receive any refund. If you cancel your Membership during the Initial Membership Period or a Renewal Membership Period after the commitment period, you will retain access to the applicable Membership for the remainder of the then-current Initial Membership Period or Renewal Membership Period. To cancel your Membership, please (i) visit your account page on the App/Site, (ii) refer to Octagon Foxx's standard membership policies or your applicable membership agreement(s) for further guidance, or (iii) contact your respective studio via email or in-studio.
You will be charged the rate stated at the time of purchase (plus applicable taxes) at the start of each billing period of your Membership via the payment method provided by you. You are solely responsible for ensuring the accuracy of your billing and payment information to avoid Membership cancellation. If your payment method cannot be charged for any reason (such as expiration or insufficient funds) and you have not cancelled your Membership, you remain responsible for any outstanding amounts, and we will attempt to charge the payment method using your updated information. This may affect the start date of your next Membership period and the billing date for each period. Additionally, we reserve the right to cancel your Membership if your payment method cannot be successfully charged.
Prices and terms for Memberships are subject to change at any time. The prices and terms in effect as of the Membership Start Date or the date of your last Membership renewal (as applicable) will remain in effect for the duration of the applicable Initial Membership Period or Renewal Membership Period, provided that new or modified prices and terms may apply to renewals or new Memberships. We will give you reasonable notice of any updates or changes in prices or terms before they take effect. If you do not wish to renew your Membership under new or modified prices or terms, you may cancel your Membership as described herein.
For Personal Use Only
You may use the App, the Site, the Services, and all associated content solely for your
personal use and enjoyment. The App, the Site, the Services, or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as a Condition for Site Access
To access parts of the App, the Site, or the Services, you may be required to provide certain, sometimes personal, information. It is a condition of your use of the App, the Site, or the Services that all information you provide on the App, the Site, or the Services is correct, current, and complete.
Restrictions
When accessing or using the App, the Site, or the Services, you are prohibited from:
By accessing or using the App, the Site, and/or the Services, you agree to, acknowledge, and represent as follows:
When accessing and using the App, the Site, and/or the Services, you agree to comply with all applicable laws and respect the intellectual property rights of others. You acknowledge that you shall be solely responsible for any violations of relevant laws and for any infringement of third-party rights caused by any User Content (as defined below) that you provide or transmit to us.
As between you and us, all content on the App, the Site, and the Services, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics,music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other intellectual property or proprietary rights. Additionally, the entire content of the App and the Site is copyrighted as a collective work under international copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback, suggestions, or ideas you provide to us regarding the App, the Site, and/or the Services shall be deemed non-confidential, and we shall be free to use such feedback, suggestions, or ideas on a royalty-free, perpetual, irrevocable, worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") appearing on the App, the Site, and/or the Services are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the App, the Site, the Services, or in these Terms grants you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or otherwise exploit any content or material from the App, the Site, or the Services without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the App, the Site, and/or the Services.
You are solely responsible for the content of any materials, including, without limitation, User Generated Social Media Content (as defined below), materials, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, "User Content") you send, provide, upload, post, or transmit to us via the App, the Site, the Services, the Internet, email, or otherwise. We encourage our customers to share photos and videos of their Octagon Foxx experiences, products, and/or services online, including on social media websites, social media applications, and social sharing websites. By tagging or mentioning Octagon Foxx with such User Generated Social Media Content, you grant us permission to use, share, and/or re-post your photos, videos, reviews, or other content (collectively, "User Generated Social Media Content").
You hereby grant us and our affiliates the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, share, re-post, translate, create derivative works of, and display User Content, without payment, royalties, or other consideration to you, in connection with (i) the operation of the App, the Site, (ii) providing you the Services, and (iii) for our business purposes, including, without limitation, promotion, advertising, or marketing of Octagon Foxx, in any form,medium, or technology now known or later developed. By granting us permission to use your User Generated Social Media Content, you also grant us permission to use and authorize others to use your name and/or social media handle in association with your User Generated Social Media Content for identification, publicity related to Octagon Foxx and the App, the Services, and similar promotional purposes. While our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, you hereby waive any moral rights that you may have in any User Content. Additionally, you release the Octagon Foxx Parties (as defined below) from all claims, demands, actions, or suits in connection with your User Content or User Generated Social Media Content, including any liability related to the Octagon Foxx Parties' use or non-use of your User Content or User Generated Social Media Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.
You represent and warrant that you are the owner of, or have the right to license, User Content, and that your User Content does not and will not infringe, misappropriate, or violate the intellectual property or other proprietary rights of any third party. You must not send, upload, post, or transmit to us any User Content to which you do not hold the necessary rights or which violates or infringes upon the intellectual property or other proprietary rights of others. Additionally, your User Content may not: (a) Contain any personally identifiable information, including contact information for you or any person. (b) Bully, threaten, abuse, harass, degrade, or mock, or contain, depict, or promote any threats to any person, place, property, business, or group. (C) Contain, depict, or promote any libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, or otherwise inappropriate content. (d) Contain or depict any symbols, words, or slurs that are widely considered offensive to individuals of a certain race, gender, ethnicity, religion, sexual orientation, or socioeconomic group. (e) Contain, depict, or promote any unreasonably dangerous or reckless behavior or activity, including, without limitation, violence, abuse, cruelty to animals, use of illegal drugs, excessive or inappropriate use of alcohol or legal drugs, or any conduct that constitutes a criminal offense or gives rise to civil liability. (f) Share or transmit unsolicited advertising, spam, junk, or bulk messages. (g) Involve impersonation of any other individual or misrepresentation of your professional or other affiliation with any other person or entity.
You acknowledge that Octagon Foxx and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any User Content that violates these Terms or may otherwise be objectionable. You further acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or if there is a certain belief that such preservation or disclosure is reasonably necessary to: (A) comply with legal process; (B) enforce these terms; (C) respond to claims that the pilates User Content violates the rights of third-parties; or (D) protect the rights, property, or personal safety of Octagon Foxx, its users, and the public. We advise that you keep a copy of all User Content uploaded to the Site and/or Services. We maintain no guarantee that User Contentuploaded into the App, the Site, and/or Services will be available in the future and are not liable for the loss of User Content under any circumstance.
You agree that we have the right, but not the obligation, to monitor, suspend, terminate,
edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material, content, and/or activity anywhere on the App, the Site, or the Services, including, without limitation, any User Content. In the event you post or provide content in violation of these Terms or to which you do not have adequate rights, we may suspend or terminate your access to or use of the App, the Site, or the Services. Notwithstanding this right, we do not and cannot review all materials submitted to the App, the Site, or the Services. If notified, we will investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of the App, the Site, or the Services, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may provide specific opportunities for you to share your opinions about our products or other services available on our App or Site ("Reviews"). If you choose to provide a Review, you agree to state your opinions lawfully, honestly, and in good faith. You also agree to disclose any conflict of interest or relationship that might influence your views. By submitting a Review, you grant us and our affiliates the right to use, reproduce, modify, adapt, publish, and display your Reviews for our business purposes, including promotion and advertising. Please note that all Reviews are solely the opinions of the users posting them, and we do not endorse or approve any Reviews, nor do we accept responsibility for their accuracy or content.
We may provide links to websites, goods, or services maintained by others ("Third-Party
Sites") that are not affiliated with us. We have not reviewed all Third-Party Sites linked to the App or Site and are not responsible for their content or services. Accessing Third-Party Sites through the App or Site does not imply our endorsement of them. We have no responsibility for Third-Party Sites' policies or actions and are not responsible for their privacy practices. Any concerns regarding Third-Party Sites should be directed to the applicable third party.
If we provide links to social media platforms, please note that any personal information you share on these platforms may be viewed by the general public. We do not control the content or information on social media platforms and are not responsible for any third-party use of your information posted there.You are prohibited from mirroring, framing, or linking to the App or Site on any platform that contains objectionable material or promotes discrimination or illegal activity. You shall not link to the App or Site in a manner that suggests association, approval, or endorsement by us or our affiliates. If we notify you of a violation, you must immediately remove the link.
We are not liable if any portion of the App, the Site, or the Services becomes unavailable for any reason. We reserve the right, at any time and without notice, to modify or discontinue the App, the Site, or the Services, either temporarily or permanently. We are under no obligation to update, amend, or clarify information on the App, the Site, or the Services, except as required by law. The absence of a specified update or refresh date on the App or the Site does not imply that all information has been modified or updated. Please be aware that the information provided on the App, the Site, or the Services may not always represent the complete picture on a subject. Additionally, changes in circumstances or subsequent events may render existing information inaccurate or incomplete. On occasion, errors, inaccuracies, or omissions may occur in the information provided on the App, the Site, or the Services. We reserve the right to correct any such errors, inaccuracies, or omissions at any time without prior notice and to change or update information as necessary.
Products, Prices, and Promotions:
The availability of products offered on the App or the Site is subject to change. All products should be used strictly in accordance with any provided instructions, precautions, and guidelines. Prices, discounts, and promotions displayed on the App or the Site are subject to change without notice, as permitted by applicable law. We may offer promotions or discounts on product purchases from time to time, and we reserve the right to suspend, update, or change such promotions, product information, or prices without notice. Additionally, we reserve the right to change, limit, refuse, or cancel any order at our discretion. If we alter or cancel an order, we will make an effort to notify you using the contact information provided during the order process.
While we strive to display accurate price information, occasional typographical errors, inaccuracies, or omissions may occur regarding pricing and availability. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders resulting from such occurrences.
Coupons/Discount Codes:
Each coupon or discount code may be used only once per customer and is subject to the terms and conditions associated with it. Discounts will be applied during checkout. Online offers do not hold cash value and cannot be exchanged for cash. Coupons and discount codes are not valid for previous purchases or in conjunction with other promotional offers.
Payment Terms:
Payment terms are within our discretion, and unless otherwise agreed upon in writing,
payment must be received before we accept an order. By engaging in any transaction on the App or the Site, you affirm that all provided information is accurate and complete, including credit card details and billing address. You agree to pay all incurred charges at the posted prices, including shipping, handling fees, and applicable taxes, regardless of the initially quoted amount on the App or the Site. If, at our discretion, we determine that your payment method is invalid, a transaction is unauthorized, or if you have misused promotions or the Site for improper transactions, we reserve the right to terminate pending transactions, suspend your Site access, and discontinue our obligations.
Payment Processing:
By agreeing to these Terms, you consent to the use of third-party payment processing
services for products purchased on the Site.
Shipments; Delivery:
We will arrange for the shipment of products to you as applicable. The risk of loss passes to you upon delivery to the carrier. You are responsible for all shipping and handling charges specified during the ordering process. Please note that shipping and delivery dates provided are estimates and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Exchanges:
For information on returns for products offered via the App or the Site, please refer to the applicable return policy on the App or the Site. Certain products may not be eligible for returns. Our general policy is to accept returns within thirty (30) days of placing the order, provided the product is returned with valid proof of purchase and in unused and unopened condition. To initiate a return, please email us at hello@octagonfoxx.com with your order number in the subject line to receive return instructions. You are responsible for all shipping and handling charges on returned items unless otherwise specified. If you believe you did not receive your purchased product and have been charged, please contact us at hello@octagonfoxx.com.
Resale of Products:
The App and the Site sell products to retail consumers only. You are not permitted to
purchase products for resale or export using the App or the Site. Violation of this provision may result in immediate termination of your account and access to the App or the Site.
Questions:
If you have any questions or concerns regarding your order, please email us at hello@octagonfoxx.com.
The App, the Site, and/or the Services may provide you with information for general informational purposes only, including tutorials, workouts, or recommendations. This information does not constitute medical or professional advice. You should consult a physician or other healthcare practitioner before starting any exercise program. We expressly disclaim all warranties of any kind, whether express or implied, regarding the App, the Site, or the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL OCTAGON FOXX AND/OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EQUITY HOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “BFT PARTIES”) BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE), RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE APP, THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND/OR SERVICES OFFERED VIA THE APP, THE SITE); (II) ANY ACT OR OMISSION BY YOU THAT IS BASED (IN WHOLE OR IN PART) ON ANY INFORMATION, STATEMENT OR CONTENT THAT IS PROVIDED OR OTHERWISE MADE AVAILABLE TO YOU BY OR THROUGH THE APP, THE SITE OR THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE OCTAGON FOXX PARTIES TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.
You agree to indemnify, defend, and hold harmless the Octagon Foxx Parties from any and all claims, allegations, demands, actions, lawsuits, investigations, and proceedings arising from: (i) your violation or breach of these Terms; (ii) your use of the App, the Site, and/or the Services (including any products and/or services offered via them); (iii) disputes with other users; (iv) violation of any third party rights; (v) claims related to your User Content; or (vi) violation of applicable law. This indemnification obligation persists even after you stop using the App, the Site, and/or the Services. We reserve the right to assume exclusive defense and control of any claim subject to indemnification by you at your expense, and you shall not settle any matter without our prior written consent.
We will not be liable or deemed to have breached these Terms due to any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, governmental actions, war, terrorism, riot, epidemic, cyberattacks, or power outage.
You agree to receive electronic communications from us regarding our Services, which may be provided through our Site, email, text message, or other means. All communications provided to you electronically satisfy any legal requirement for written communication.
These Terms and your use of the App, the Site, and/or the Services are governed by the laws of Indonesia for both substantive and procedural purposes.
All disputes between you and us will be resolved by binding individual arbitration, as
outlined in the following paragraphs. Please read them carefully.
Timing of Claims:
Any cause of action or claim you may have regarding the App, the Site, and/or the Services must be initiated within one (1) year after the claim or cause of action arises.
Arbitration and Venue:
You agree that any dispute related to your use of the App, the Site, and/or the Services shall be resolved through confidential arbitration at a mutually agreed-upon arbitration center in Indonesia. If no specific arbitration center is agreed upon, it shall be conducted at a center designated by the Indonesian National Board of Arbitration (BANI) or any other recognized arbitration institution in Indonesia.
If you choose arbitration, you must first send us a written notice of your claim by certified mail. Your Notice should be addressed to: PT. OKTAGON FOXX INDONESIA at City Plaza LG 09, Wisma Mulia, Jl. Gatot Subroto No. 42, Kuningan Barat, Mampang Prapatan, Jakarta Selatan,Jakarta 12710. If we initiate arbitration, we will send a Notice to you in accordance with these Terms. A Notice, whether sent by you or by us, must: (i) describe the nature and basis of the claim or dispute; and (ii) specify the relief sought. If we and you do not reach an agreement within thirty (30) days after receiving the Notice, either party may commence arbitration.
Final Arbitration:
The arbitrator's decision is binding and may be entered as a judgment in any court of
competent jurisdiction. All information related to arbitration, including testimony, evidence, and rulings, shall be treated as confidential. Neither party may disclose such information unless required by law.
Class Action Waiver:
To the fullest extent permitted by law, no arbitration under these Terms shall involve other parties subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to arbitration on an individual basis. In any dispute, neither party will be entitled to join or consolidate claims by or against other users. The arbitral tribunal may not preside over any form of a representative or class proceeding.
If you have any questions or comments regarding these Terms, our Privacy Policy, the Site, or athe Services, please don't hesitate to contact us.
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City Plaza LG 09, Wisma Mulia, Jl. Gatot Subroto No.42, Kuningan Barat, Mampang Prapatan, Jakarta Selatan, Jakarta 12710.
0852 1535 3737
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