1.1 The Centre is managed by Neptune Aquatics (Social Enterprise). Registered address: Office 1, 11a Church Street, Melksham, Wiltshire SN12 6LS
2.1 The decision to accept the application of a potential member shall be at the sole discretion of the Centre. The Centre reserves the right to verify, or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the payment of all monies due to the Centre. If the membership application is accepted by the Centre, membership of the Centre by the applicant shall commence as stated on the agreement. Upon acceptance of the member by the Centre, a membership number shall be issued by the Centre. The membership number entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
2.2 The acceptance of an application for membership of the Centre shall constitute a legally binding agreement between the member and the Centre. The Centre reserves the right to transfer the agreement, all or any part of its rights and responsibilities under this agreement to another organisation or bring the membership agreement to an end. The member hereby agrees also to be bound by the Club Rules, a copy of which can be provided by asking at Reception.
2.3 Membership numbers are issued to all current members and will be linked to a QR code. Membership numbers and QR codes must be used at Reception to gain membership rights every time a visit is made to the Centre. Membership numbers may only be used by the registered member and any fraudulent use of the membership number by the member will result in cancellation of the membership with no refund being made by the Centre.
3.1 The member acknowledges that the Centre's obligations and liabilities in respect of the Centre are defined in this agreement and/ or within the Regulations Applicable to All Users.
3.2 The member is responsible for the consequences of any use of any of the facilities of the Centre. The Centre will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract, or otherwise.
4.1 There are two categories of membership, MyHydro Membership 10 and MyHydro Membership 20.
MyHydro Membership 10: entitles the member to attend 10 classes and/or sessions; including but not exclusive to Hydro-cise, Hydro-Hiit, Hydro4Fibro, Hydro4you. Members in this category enter into a rolling contract with a minimum term of 1 month.
MyHydro Membership 20: entitles the member to attend 20 classes and/or sessions; including but not exclusive to Hydro-cise, Hydro-Hiit, Hydro4Fibro, Hydro4you. Members in this category enter into a rolling contract with a minimum term of 1 month.
All members are entitled to our MyHydro Journey program which entitles the user to 3 appointments with a Neptune Instructor within the first month of membership, who will develop a personalised exercise program for the member to use each time they visit the centre. Members will have the option of a monthly program review as part of the membership.
All categories of membership shall be subject to these Terms and Conditions of Membership which are in force at the time.
Promotional Rates: from time to time the site may offer a promotional rate, the promotional rate will run as per the promotion terms and conditions at the time of the promotional offer was made.
4.2 Other categories of membership shall be stipulated by the Centre from time to time.
5.1 All members are liable to pay all membership fees irrespective of actual usage of the Centre facilities.
5.2 Members pay their membership fees in monthly instalments (Direct Debit). The options available for each Membership Plan will vary from time to time at the sole discretion of the Centre.
5.3 The Centre reserves the right to increase Membership fees on a yearly basis.
5.4 If the member is on a Month to Month membership, the member can cancel their direct debit (in the name of GoCardless) directly with the bank and this will automatically cancel their membership as at the end of the month in which they have cancelled their direct debit.
Notice to terminate may also be given to the Centre reception or via email direct to Neptune Aquatic Solutions Ltd. Such notice must be received at least 10 days prior to the next Direct Debit due date to be effective for that month end. Receipt after 10 days in advance of the next Direct Debit will result in the membership being terminated at the end of the following billing cycle.
From time to time and at its sole discretion, Neptune Aquatic Solutions Ltd may offer a subscription option "auto-renewals" for any of its membership plans. These terms apply where a subscription plan is agreed to at point of sale.
When the subscription contract is formed
When you click "Accept" to submit your order online with Neptune Aquatic Solutions Ltd you are making an offer to take out a subscription which if accepted by us, will result in a binding contract. A legally binding contract is formed on the date we send you confirmation of your membership. You will receive this confirmation by email within 72 hours if you supplied an email address. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email address. We reserve the right not to accept or process your subscription for any reason. All memberships are subject to validation checks and authorisation by your bank. If we do not accept your membership and your credit/debit card has already been debited, we will notify you and refund you in full.
We reserve the right not to fulfil and to cancel membership orders:
1. In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
2. If we are unable to obtain payment authorisation from the issuer of your payment card.
We will deliver the membership details to the email address you supply to us when you place your order. You agree that we will not be responsible for failure to deliver the membership information if you have supplied us with an incorrect email address.
We will not be liable to you for any delay in delivery or non-delivery of membership information in the following circumstances:
1. where the issuer of your payment card refuses to authorise payment to us;
2. where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees;
3. where the email address supplied to us by you is incorrect.
For all other subscriptions or after the minimum term of your subscription, you may cancel your membership subscription by cancelling your recurring payment with our payment processor, giving at least 10 days notice.
Prices displayed on the joining sections of the website will prevail at all times in relation to orders placed online. If you make ongoing subscription payments we reserve the right to increase our prices at any time after the first period of your subscription has elapsed and will notify you by email with 10 days notice of any such price increase.
Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.
If you are under 18 or are not using your own credit/debit card to pay for services, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking "Accept" you are confirming that you have obtained the express prior permission of the credit/debit card holder.
7.1 The Centre may expel members or may terminate the membership of any member:
7.1.1 without notice and with immediate effect if the member's conduct, whether or not such conduct is the subject of a complaint by another member or group of members, and is such that in the reasonable opinion of the Centre, it may be injurious to the character, name or interests of the Centre or is such that it renders the member unfit to associate with other members of the Centre or is such that it is not appropriate for the member to continue their membership or the member's behaviour is in the reasonable opinion of the Centre to be inappropriate and / or unacceptable.
7.1.2 if the member persistently does not attend booked classes/sessions without good cause or reason.
7.2 By notice in writing if any part of the annual membership fee or monthly membership charge which is due and payable remains unpaid thirty days after the due date for payment. Lapses in membership payment will incur an Administration charge.
7.3 A member whose membership is terminated by the Centre, shall forfeit all privileges of membership with immediate effect without an entitlement to any claim for any refund of their annual or monthly membership fee.
8.1 Members are permitted to book free of charge any of the following classes/sessions: Hydro-cise, Hydro-Hiit, Hydro4Fibro, Hydro4you, Hydro-Gym that can be attended during their monthly membership period.
8.1.1 Neptune Aquatic Solutions Ltd reserve the right to change any of the above classes/sessions that are included in the membership, their time or day.
8.2 Members MUST book all classes/sessions before arriving at the Centre online, via telephone, in person or through the app.
8.2.1 failure to book will result in the member being denied access to the Centre.
8.3 Neptune Aquatic Solutions Ltd classifies each 45 minute Class/session attended as a visit to the Centre.
8.3.1 the amount of visits each member is permitted to in any one month is outlined in the membership type as per section 4.1
8.4 Failure to attend booked classes/sessions without notice could result in a temporary ban on booking future classes and Neptune Aquatic Solutions Ltd reserve the right to charge a non-cancellation fee of £3. Classes/sessions can be cancelled up to 12 hours before the class begins online, via telephone, in person or through our app. Members who persistently do not turn up for their booked classes/sessions can be expelled or have their membership terminated outlined in section 7.1.2
9. CENTRE FACILITIES
9.1 The Centre reserves the right to make reasonable alterations to the type of facilities provided without notice and the Centre shall not be liable for any inconvenience caused by building works and for the provision of essential maintenance services that occur for 14 days or less, due to matters beyond our control or improvement works. On occasions when necessary maintenance is required, the Centre, or parts thereof, may be closed. No refunds would be given as a result of closure.
9.2 The Centre reserves the right to change or remove any of the facilities at the Centre. In such an event notice will be given.
10.1 Information in relation to the Centre's normal hours of operation and the manned hours of the facilities are available from the Centre upon request. Such hours may be lengthened or shortened at the absolute discretion of the Centre with or without any prior notice being given to members. The Centre shall endeavour to give members reasonable notice of change to such hours.
10.2 On occasions when necessary maintenance is required, the Centre, or parts thereof, may be closed. Any refund given as a result of closure will only be made at the sole discretion of the Club.
If you discover a fire, operate the nearest fire alarm. If you hear the fire alarm:
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
We use the personal and transactional information (e.g. name, address, email address, phone number) ("Personal Information") you supply to us in order to fulfil your order. The lawful basis for this data processing while your membership is active is Contract. The lawful basis for the processing if your membership is cancelled or lapses is Legitimate Business Interest.
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.