NextFit - The first and only mobile solution focus on personal trainings

Terms of use

1. Contractual Relationship

These Terms of Use ("Terms") govern your access or use, from within the Vietnam and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) made available in Vietnam and its territories and possessions by NextFit Vietnam and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "NextFit"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NEXTFIT. In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. NextFit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NEXTFIT ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on NextFit.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

NextFit may amend the Terms from time to time. Amendments will be effective upon NextFit's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If NextFit changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing NextFit written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o NextFit Vietnam, or (b) by email from the email address associated with your Account to help@nextfit.vn . In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

NextFit’s collection and use of personal information in connection with the Services is described in NextFit's Privacy Statements located at www.NextFit.com/legal/

2. The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule training services and/or coaching services, including with third party providers of such services and goods under agreement with NextFit or certain of NextFit's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive training services and/or coaching services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by NextFit in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRAINING THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH NEXTFIT AS A PROVIDER OF TRAINING SERVICES, FITNESS OR COACHING SERVICES OR AS A TRAINING CENTER.

License

Subject to your compliance with these Terms, NextFit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by NextFit and NextFit's licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by NextFit; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

You acknowledge that portions of the Services may be made available under NextFit's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "NextFit," “NextFitYOGA,” “NextFitKICKBOX,” “NextFitPT,” “NextFitSWIM”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of NextFit's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Training Network Company Trainers, holders or holders of similar training permits, authorizations or licenses.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that NextFit does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. NextFit does not endorse such third party services and content and in no event shall NextFit be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

Ownership

The Services and all rights therein are and shall remain NextFit's property or the property of NextFit's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner NextFit's company names, logos, product and service names, trademarks or services marks or those of NextFit's licensors.

3. Access and Use of the Services

User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to NextFit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by NextFit. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by NextFit in writing, you may only possess one Account.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive training services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging and Telephone Calls

You agree that NextFit may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an NextFit account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from NextFit at any time, either by email help@nextfit.vn If you do not choose to opt out, NextFit may contact you as outlined in its User Privacy Statement, located at www.NextFit.com/legal/privacy

Referrals and Promotional Codes

NextFit may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that NextFit establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by NextFit; (iii) may be disabled by NextFit at any time for any reason without liability to NextFit; (iv) may only be used pursuant to the specific terms that NextFit establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. NextFit reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that NextFit determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of NextFit’s Terms.

User Provided Content

NextFit may, in NextFit's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to NextFit through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to NextFit, you grant NextFit a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and NextFit's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant NextFit the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor NextFit's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by NextFit in its sole discretion, whether or not such material may be protected by law. NextFit may, but shall not be obligated to, review, monitor, or remove User Content, at NextFit's sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. NextFit does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). NextFit will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, parking fees related to enabling the training sessions.

All Charges and payments will be enabled by NextFit using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that NextFit may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by NextFit.

As between you and NextFit, NextFit reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in NextFit's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. NextFit will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. NextFit may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. NextFit may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and NextFit will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services, and Charges you incur will be owed to the Third Party Provider. NextFit will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to NextFit or its affiliates, where NextFit is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from NextFit for services received by you from a Third Party Provider at the time you receive such services, and NextFit will respond accordingly to any request from you to modify the Charges for a particular service. Except with respect to personal training services fee requested through the Application, NextFit does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by NextFit (on NextFit's website, in the Application, or in NextFit's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that NextFit provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, equipments and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by NextFit in NextFit's reasonable discretion, NextFit reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by NextFit to a Third Party Provider, if applicable, and are non-refundable.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEXTFIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEXTFIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEXTFIT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

NEXTFIT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF NEXTFIT, EVEN IF NEXTFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NEXTFIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF NEXTFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEXTFIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NEXTFIT'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRAINING, COACHING OR FITNESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NEXTFIT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRAINING, COACHING OR FITNESS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NEXTFIT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON NEXTFIT’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify and hold NextFit and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) NextFit's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

6. Claims of Copyright Infringement

Claims of copyright infringement should be sent to NextFit's designated agent. Please visit NextFit's web page at https://www.NextFit.com/legal for the designated address and additional information.

Notice

NextFit may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to NextFit, with such notice deemed given when received by NextFit, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o NextFit Vietnam.

General

You may not assign these Terms without NextFit's prior written approval. NextFit may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of NextFit's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, NextFit or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. NextFit's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NextFit in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

7. PRICES AND PAYMENT

7.1. The Service Fee for any individual Service Provider Service is as stated on the App at the time you place your Booking, except in the case of obvious error. The Service Fee is exclusive of VAT.

7.2. We try to ensure that all prices on our App are accurate but errors may occur. If we discover an error in the Service Fee we will inform you as soon as possible and give you the option of reconfirming your Booking at the correct price or cancelling it. If you cancel no payment will be taken from you.

7.3. NextFit accepts payment using the methods specified here.

7.4. You confirm that any card or payment account you use to make a Booking is yours or that you have authorisation from the owner of the card or payment account to make such payment.

7.5. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. You agree that payment pre-authorisation checks may be carried out on our behalf in respect of an amount equal to the Service Fee when you make a Booking. If the issuer of the card or provider of the payment service which you are using refuses to authorise payment we will not accept your Booking (or if already accepted, we will give you notice that your Booking is cancelled) and we will not be responsible for any delay or non-performance of the Service Provider Services.

7.6. Unless you cancel a Booking in accordance with Clause 9.2, the Service Fee (or where Clause 9.3 applies) the Cancellation Fee will be debited from your account upon or shortly after the Appointment Time (or if earlier, when you cancel the Booking).

7.7. We are not responsible for your card issuer, bank or payment service provider charging you as a result of our processing of payments from you in accordance with these Terms.

8. CANCELLATION OF BOOKINGS AND REFUNDS

8.1. You have the right to cancel a Booking request any time until you have confirmed a booking with a Service Provider.

8.2. Once a Booking request has been confirmed, you acknowledge that you do not have the right to cancel a Booking under statutory regulation. However, you are entitled to cancel Bookings in accordance with this Clause 9.2. If you change your mind about your Booking prior to the Appointment Time then you may cancel your Booking without making payment of the Service Fee or any Cancellation Fee provided that you cancel the Booking via the App at least twelve (12) hours prior to the start time of your Booking; or

(ii) if you are making the Booking within such twelve (12) hour period, within five (5) minutes of you having confirmed on the App that you want to make the Booking ("Grace Period").

8.3. If you use the App to cancel a Booking within twelve (6) hours of the start time of your Booking or, where relevant, after the Grace Period has elapsed, we will charge you 100% of the Service Fee (such amount being exclusive of VAT) ("Cancellation Fee") as stated in Clause 8.6.

8.4. You will be charged the Service Fee, plus VAT, as stated in Clause 8.6 if you:

8.4.1. cancel a Booking other than as permitted under Clauses 9.1 and 9.2; or

8.4.2. attempt to cancel a Booking on or after the Appointment Time; or

8.4.3. fail to attend a Booking at the Appointment Time and/or at the correct location.

8.5. We charge Cancellation Fees and Service Fees as stated in Clauses 9.3 and 9.4 to compensate the Service Provider, because the Service Provider is unlikely to be able to make another Booking where you cancel with short or no notice.

8.6. We may waive our rights under Clause 9.3 or 9.4 in our sole discretion where you have been unable to cancel a Booking without incurring the Cancellation Fee or Service Fee for genuine reasons which were outside of your control. Please contact us if this is the case.

8.7. If you attempt to attend a Booking at the relevant Appointment Time but the Service Provider has entered administration, insolvency, bankruptcy (or any similar situation which affects the Service Provider’s ability to provide the Service Provider Services) or is no longer in business, or if the Service Provider is not available to provide the Service Provider Services at the Appointment Time, we will provide you with a refund for the Service Fee on request.

9. CANCELLATIONS AND REFUNDS OF NEXTFIT PLANS

9.1. Purchases for Plans cannot be refunded, except in the following circumstances:

(i) If your booking requests are outside of our service area, we are currently [providing];

(ii) If we fail to provide you with a Service Provider at a reasonable time, we will use reasonable endeavors to inform you as soon as possible and cancel your order. You will then receive a full refund from us;

9.2. We will usually refund any money received from you using the same payment method originally used by you to pay for your purchase.