TERMS
OF SERVICE
1. Application of These Terms and Conditions
With effect from 1 August 2022:
These “Terms and Conditions”, as operated by CLIMBING HOLDINGS
PTE LTD (“Boulder Movement” or “BM”), shall govern your relationship with BM,
including but not limited to, the use of the BM Website (www.boulderm.com, the
“Website”) and the BM Mobile Application (the “App”) to manage your account,
bookings, communication, purchases, and registration with BM, as well as the
use of and attendance at BM gyms.
By your attendance at BM and usage of the Website, App, and
facilities, you signify your acceptance of the Terms. If you do not agree to
this, please refrain from using the Website or App, purchasing a Pass or
Membership, booking or attending a session.
BM has the rights to amend this information without notice. The
Terms may be revised at any time by updating this posting. By using the Website
or App, buying Passes, booking sessions, buying merchandise, your communication
with BM, and your use of and attendance at BM gyms, you agree to be bound by
any such revisions. Clients are encouraged to check this document periodically
to stay informed of current guidelines.
2. Payment and Bookings
You will need to sign up either on the Website or App and make
relevant payment before a booking can be made. Bookings can be made any time after
a class or climb session has been published online.
3. Cancellation Policy for Bookings
You are able to cancel your booking without any charges or loss
of passes up until six (6) hours prior to commencement time for all climb
sessions, or twelve (12) hours prior to commencement time for all classes.
Should you not cancel before this time, or simply not show up for the class, a pass
will be deducted from your active passes.
If you make bookings using an unlimited access subscription, accumulating three
(3) incidents, of late cancellation or not showing up, within a calendar month
will result in a one-week suspension of booking rights.
4. Late Coming and Early Departure
If you are running late for your booked class, we ask that you
call the gym to let us know you are on the way. We will hold a booking only until
the class begins.
If the class has a waitlist, we will have the right to give your
place to walk-ins that have made it to class on time. This can and will be done
at their complete discretion. To avoid disruptions and any compromise to your
safety, clients who are more than fifteen (15) minutes late will not be
admitted to class. If an early departure is made by choice, your pass will still
be consumed.
You are allowed to arrive, leave, and return at any time during a climb session.
5. Purchases
Purchase of passes or subscriptions can be made through the
Website or App, via Visa and Mastercard. Alternatively, payments can be made at
the gym, via Visa and MasterCard, Grabpay, NETS or PayNow. All passes and
subscriptions initiate on the date of purchase.
You cannot gift your passes and subscriptions, redeem them for
cash, or sell them outside of BM. Any passes and subscriptions that have been
purchased anywhere other than BM will not be honoured.
Class and Entry Passes
Passes expire after three (3) months. Event-specific passes or
promotional passes may have unique validity periods which will be made known separately.
Validity periods will be clearly stated in your online account under the
purchases screen. Email notifications will be sent to inform you of the
expiration of your passes at least one month before.
All expiring or expired passes will immediately rollover into a
newly purchased pass of the same type, i.e. Class Pass or Entry Pass. The
validity of rolled over passes will match the validity of your newly purchased pass.
Monthly Auto-renewing Subscriptions
Subscriptions purchased after the first day of the calendar month will result
in a prorated charge for an incomplete month of usage. All subsequent renewals
will fall on the first day of each calendar month. Renewals are automatic and
will only stop if you terminate your subscription via the Website or App before
the first of each month. There will be no refund in lieu of an early
termination.
You may choose to switch your subscription type at any time via the Website or
App. The new subscription will only commence from the first day of the coming
month.
All pass and subscription purchases are final, non-refundable,
and non-transferable.
6. Retail and Merchandise
All retail and merchandise sales are non-refundable at BM. All
merchandise, with the exception of sale items (if any), may be exchanged within
seven (7) days of the initial purchase date, as long as the product is unused
and unsoiled, with all tagging still intact.
BM will occasionally, at its own discretion, conduct sales on merchandise
and other products. All sales on discounted product are final. Exchanges are
not offered on sale products.
7. Gift Vouchers
You may purchase gift vouchers through the Website or App. Gift
vouchers can be redeemed for credits that can be used for passes, subscriptions,
and retail merchandise. Gift vouchers expire three (3) months after purchase.
Credits have no expiry and remain usable within an individual’s BM
account.
8. Lost or Damaged Personal Property
Each BM gym provides shelves to house your personal goods with CCTV
recording of all common areas. Regardless of care taken to avoid loss, BM is
not liable or responsible for any damage, theft, loss, or destruction of
personal property within the BM gyms.
9. Waiver and Release
By signing up for and/or attending classes, climb sessions,
personal coaching sessions, events and other programs using the premises,
facilities and equipment of BM, you hereby acknowledge that there are inherent
risks and dangers in climbing at BM. You acknowledge that some of these risks
cannot be eliminated regardless of the care taken to avoid injuries and that BM
and its staff will not be liable for any injury or damage should you choose to
participate.
If in the subjective opinion of the BM staff, you and/or others
would be at physical risk using BM's facilities and equipment, you may be
denied access to the premises.
10. Dispute Resolution
Our goal is to make climbing accessible to all while nurturing a
community of empowered climbers and staff that help one another. But we
acknowledge that from time to time our expectations might not align. We believe
each dispute can be resolved reasonably with mutual respect. Please e-mail us
at ask@boulderm.com, indicating your name, description of your
concerns and how you will like us to help.
11. Links and Third Party Sites
BM has not reviewed all the sites linked to the Website and/or
App, and is not responsible for the content of any off-site pages or other
linked sites. Going to third party or off-site websites from the Website and/or
App is at your own risk. These links do not imply endorsement of, sponsorship
of, or affiliation with BM.
12. Intellectual Property Rights
The trademarks of BM are proprietary to BM and may not be used
by you for any reasons other than as expressly permitted by these Terms. All
Website and App content, design, text, graphics, and interfaces; the
collection, selection, and arrangement thereof; and all software are property
of, or duly licensed to, BM. You have the right to view, electronically copy,
and print in hard copy portions of the Website and App for the sole purpose of
making bookings, purchases, or other personal use.
Any other use of materials on the Website and App, including
modification, distribution, or reproduction for purposes other than those noted
above, without the prior written permission of BM, is strictly prohibited.
You acknowledge that BM and/or third-party content providers
remain the owners of all Website and App materials, and that you do not acquire
any of those ownership rights by downloading, copying, or using any such
material in accordance with these Terms. BM may discontinue or remove the
Website or App, or any portion thereof, or discontinue your right to use the
Website or App, or any portion thereof, at any time.
13. Use of the Site and Studios By Minors
If you are under the age of 16, you must seek the permission of
a parent or guardian before accessing and/or making any class bookings through
the various booking platforms. Minors under the age of 16 are encouraged to be
accompanied by a parent or guardian.
14. Warranty Disclaimer and Limitation of
Liability
In no event will BM be liable for any direct, indirect, special,
or other consequential damages resulting from your use of the Website, the App,
or on any other linked/third-party website, your purchases, bookings,
communication with BM, and your use of and attendance at BM gyms, including
without limitation, any lost profits, business interruption, loss of programs,
or other data on your information handling systems or otherwise, including any
claims waived by you previously in this agreement even if BM expressly advised
of the possibility of such damage.
All information, goods, services, products and experiences are
provided by BM on an "as-is" basis only. The entire risk as to the
quality and performance of the goods, services, products and experiences
remains with you. Should the goods, services, products and/or experiences prove
defective after purchase, you assume the entire cost of such defect. BM
provides no representations and warranties, express or implied, including the
implied warranties of fitness for a particular purpose, merchantability, and
non-infringement.
15. Choice of Law
The Terms are governed by the laws of Singapore.
16. Contact Us
If you have any questions about these Terms you can reach us
at ask@boulderm.com