TERMS & CONDITIONS
These Terms & Conditions (these “Terms”) govern the contractual relationship between the user and Atomix (Atomix Berlin GmbH). These Terms, which may be updated by Atomix Berlin GmbH Ltd. from time to time, define your and Atomix Berlin GmbH’s rights and obligations. The most current version of these Terms can be accessed at any time at www.atomixberlin.com (the “Site”). Changes to these Terms will be notified via posting on the Site (or other written notice to you).
By accessing, browsing, and/or using the Site and/or any facility operated by Atomix Berlin GmbH, you accept and agree to be bound to these Terms. In addition, when using particular Atomix Berlin GmbH services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time. We reserve the right to change these Conditions at any time. Any changes to the Conditions will be effective after the change is published on this Website. You should check these Conditions before each order or booking as they may have changed since your last visit.
ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
You agree that the information you provide to Atomix Berlin GmbH on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
Atomix classes involve intensive exercise. You agree to familiarize yourself with what the Classes involve prior to assessing whether you are fit to participate in a Class. You should refer to our Website or speak to a member of staff for further information.
You agree that you are responsible for monitoring your own physical condition, including during the class. You agree to inform a member of Atomix staff about any and all relevant information about your physical condition. You acknowledge that you have not experienced any symptoms of contagious illness (ex. COVID 19) in the last 48 hours before your booked class at Atomix. You agree that if you experience such symptoms, that you will not be allowed in the premises and join the class.
CREDITS / BOOKING CLASSES / CANCELLATION / REFUND
Price details for Credits are available on our Website, and shall be priced as determined by ART Fitness AG from time to time. Credits will expire according to the price list on the website. All classes and membership packages purchased are non-refundable.
You may cancel a booking up to 5 hours before the Class and receive a refund of your Credit. In case of 1 or any multi-session (10, 20, or 30 sessions) packages, your credit will not be refunded if the cancellation is made under the 5-hour window or if there is a “no-show”. In case of a booking with an “Unlimited” package, a penalty of CHF 20 will be charged. Such penalty must be paid before booking the next class. Please note that “Freezing” of Unlimited Packages is not allowed except for the 180 day Package – allowed once, with a valid reason and a fee of 30 Chf.
LIMITATION OF LIABILITY
Use of the site and/or facility of Atomix Berlin GmbH is at your own risk. A sports medical examination is indicated for persons who have not taken part in sports for a long time, who have health problems or who have suffered from a serious illness during the last two years. The Atomix Berlin GmbH Ltd and its staff are not liable for any damage caused by accidents, injuries or illness arising from the use of the facilities and equipment. Atomix Berlin GmbH Ltd also accepts no liability in the event of theft or damage or for items left lying around or deposited.
Your privacy is important to Atomix Berlin GmbH. Personal data, which is collected as part of the user relationship, will be stored only by the service provider, and will be processed and used to set up and transact the user relationship. Your data will be treated confidentially at all times and will only be used for the purposes for which it has been submitted. Insofar as electronic storage is carried out, then this will be in accordance with the current data protection provisions.
If you wish to delete your data please contact us at email@example.com.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the Atomix Berlin GmbH Limited. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Atomix Berlin GmbH (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Atomix Berlin GmbH or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names used by us on the Site are proprietary to Atomix Berlin GmbH or its affiliates and/or third-party licensors. Except as expressly authorized by Atomix Berlin GmbH, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The place of jurisdiction is Berlin. The substantial laws of Germany are applicable.