TERMS AND CONDITIONS FOR GO24 FITNESS CENTRES

These terms and conditions (these “T&C”) govern the access and use of the GO24 Centres and GO24 Facilities. Any person (as Applicant, Subscriber or otherwise) who completes or submits an application form to GO24, registers as a Subscriber or accesses or uses any of the GO24 Centres or GO24 Facilities, shall be deemed to have accepted and agreed to observe and be bound by these T&C.

1. DEFINITION

(a) “Applicant” means any person who has applied to be a Subscriber by completing and submitting an application form to GO24 or otherwise.

(b) “Deposit” means the deposit payable by each Subscriber to GO24 pursuant to Clause 8.

(c) “GO24” means the one company entity, within the GO24 Group as specified in the Applicant’s or Subscriber’s application form, confirmation, receipt or otherwise, to whom the Applicant has submitted the application form, who has approved the Subscriber’s application, received the Subscriber’s Deposit or Subscription Fees, and is solely responsible for providing the Subscriber assess to the GO24 Centres or GO24 Facilities under these T&C. For the avoidance of doubt, the identity of GO24 is specific to the GO24 Centre in which the Applicant or Subscriber has first applied or registered as a Subscriber or otherwise subscribed for access or use of the GO24 Centres or GO24 Facilities.

(d) “GO24 Centre” means any GO24 fitness centre from time to time operated by the GO24 Group and access and use is granted by GO24 to Subscribers subject to these T&C, and is divided into two types , namely GO24 Clubs and GO24 Onyx Clubs.

(e) “GO24 Club” means a type of GO24 Centre from time to time operated by the GO24 Group and access and use is granted by GO24 to Subscribers subject to these T&C that includes the following clubs (subject to change from time to time pursuant to Clause 9(d)) and any other clubs from time to time announced and specified as such by GO24: -

(f) “ONYX by GO24 Fitness Club” means a type of GO24 Centre from time to time operated by the GO24 Group since and after the ONYX Launching Date and access and use is granted by GO24 to Subscribers subject to these T&C that includes the following clubs (subject to change from time to time pursuant to Clause 9(d)) and any other clubs from time to time announced and specified as such by GO24: -

(g) “GO24 Facilities” means any fitness equipment and facilities to be provided by or on behalf of GO24 in any GO24 Centres for use by Subscribers.

(h) “GO24 Group” means the consortium of company entities that may from time to time assist to operate and maintain the various GO24 Centres and GO24 Facilities, and assist and facilitate GO24 to provide the Subscriber access to such GO24 Centres and GO24 Facilities pursuant to these T&C. For the avoidance of doubt, none of the entities within the GO24 Group other than GO24, has any contractual relation with the Subscriber or otherwise has an contractual obligations or liabilities of any nature whatsoever towards the Subscriber in relation or incidental to the Subscriber’s Subscription or access or use of the GO24 Centres or GO24 Facilities.

(i) “Induction Training” means any proper induction training to be provided by GO24 or any other reputable training providers for safe and proper use of fitness equipment and facilities.

(j) “Subscriber” means and includes GO24 Subscriber and GO24 ONYX Subscriber.

(k) “GO24 Subscriber” means any eligible Applicant whose application for GO24 Subscription has been approved and confirmed by GO24 and who has completed all the registration requirements specified in these T&C, including but not limited payment of Deposit and Subscription Fee to GO24.

(l) “GO24 ONYX Subscriber” means any eligible Applicant whose application for GO24 Onyx Subscription has been approved and confirmed by GO24 and who has completed all the registration requirements specified in these T&C, including but not limited payment of Deposit and Subscription Fee to GO24

(m) “Subscription” means and includes GO24 Subscription and GO24 ONYX Subscription.

(n) “GO24 Subscription” means subscription to access and use the specific GO24 Club(s) (i.e. excluding any GO24 ONYX Club(s)) and GO24 Facilities therein subject to these T&C. For the avoidance of doubt, as no GO24 ONYX Subscription was available before the ONYX Launching Date, all Subscriptions commenced prior to the ONYX Launching Date are, and are for all purposes conclusively deemed to be, GO24 Subscription only.

(o) “GO24 ONYX Subscription” means subscription to access and use the specific GO24 ONYX Club(s) (and GO24 Club(s), if any), and the GO24 Facilities therein subject to these T&C. For the avoidance of doubt, as GO24 ONYX Subscription has only been available since and after the ONYX Launching Date, no Subscription commenced before the ONYX Launching Date is, or can for any purposes be considered, GO24 ONYX Subscription.

(p) “ONYX by GO24 Fitness Subscription” means subscription to access and use all GO24 ONYX Club(s) and GO24 Club(s), and the GO24 Facilities therein subject to these T&C.

(q) “ONYX Launching Date” means on which the first GO24 ONYX Club is operated by the GO24 Group.

(r) “Subscription Fee” means the subscription fee payable by each Subscriber to GO24 pursuant to Clause 7.

(s) “these T&C” means these Terms and Conditions for GO24 Fitness Centres for the time being valid and applicable as may be from time to time amended by GO24 pursuant to and in the manner specified herein.

2. INTERPRETATION

(a) In these T&C, where the context so permits, the following rules of interpretation apply unless any contrary intention appears: -

(i) uses of the singular includes the plural vice, versa;

(ii) reference to any one gender imports a reference to all genders;

(iii) references to a “person” includes any individual person, partnership, firm, company, body corporate or corporation or organization;

(iv) references to these T&C includes any permitted variation, supplement to, replacement or novation of these T&C;

(v) references to a Clause are to a clause of these T&C except where otherwise stated;

(vi) headings to Clauses are for the purpose of information and identification only and do not form part of these T&C;

(vii) any undertaking by an Applicant or a Subscriber not to do any act or thing shall be deemed to include an undertaking by that Applicant or Subscriber not to permit or suffer the doing of that act or thing; and

(viii) references to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time and shall include any provisions of which they are re-enactments (whether with or without modification).

3. APPLICATION

(a) All application for Subscription are subject to eligibility of the Applicant, completion execution and submission of such application form and other formalities by the Applicant as may be from time to time required by GO24, and approval by GO24 at its sole and absolute discretion.

(b) GO24 reserves the absolute right to decline any application, or grant approval subject to any conditions as GO24 may at its sole and absolute discretion consider appropriate.

4. ELIGIBILITY

(a) No application will be approved by GO24 unless the Applicant: -

(i) is of age of 16 or above;

(ii) has applied and agreed to join Induction Training to be provided or arranged by GO24 or has confirmed that the Applicant has attended Induction Training previously;

(iii) is physically and mentally fit for and capable of using and operating fitness equipment and facilities safely (and in case if so requested by GO24 has produced medical certificates as evidence to the satisfaction of GO24); and

(iv) satisfies any other requirements as GO24 may from time to time specify.

5. COOLING OFF PERIOD

(a) All registration of Subscriptions have a 48-hour cooling off period commencing upon receipt of Deposit or first Subscription Fee by GO24.

(b) During this cooling off period, the Subscriber may terminate the Subscriber’s Subscription immediately subject to payment to GO24 by the Subscriber of: -

(i) an administration fee of HKD$199.00 for GO24 Centres or HKD$299.00 for GO24 ONYX Clubs (or such other amount as GO24 may from time to time announced); and

(ii) charges for all products or services that has already been supplied by GO24 to the Subscriber.

(c) In case of termination of Subscription pursuant to this Clause, subject to payment of the aforesaid fees and charges by the Subscriber, all Deposit and Subscription Fee previously paid by the Subscriber shall be refunded to the Subscriber.

6. SUBSCRIPTION

(a) There are currently four classes of Subscription (i.e. for each type of Subscription), namely:

(i) Monthly prepay Subscription;

(ii) Half-yearly prepay Subscription; and

(iii) Yearly prepay Subscription;

(iv) Half-yearly Subscription by monthly installments;

(v) Yearly Subscription by monthly installments.

(b) GO24 may from time to time create and offer other classes of Subscription.

(c) All Subscriptions are subject to termination by GO24 immediately at the expiry of the current Subscription term without cause or prior notice.

(d) Subject to Clause 7(c), monthly prepay Subscription is of terms of one (1) month each renewable consecutively and automatically unless the Subscriber serves not less than thirty (30) days prior written notice on GO24 of the Subscriber’s intention not to further renewthe Subscription by completing such forms and formalities as GO24 may from time to time prescribed.

(e) Subject to Clause 7(c), yearly prepay Subscription and half-yearly prepay Subscription are of terms of respectively one (1) year and six (6) months each renewable consecutively and automatically unless the Subscriber serves notice on GO24 of the Subscriber’s intention not to further renewal the Subscriber’s Subscription not less than thirty (30) days prior to the expiry of the current term by completing such forms and formalities as GO24 may from time to time prescribed.

7. SUBSCRIPTION FEE AND PAYMENT

(a) All Subscriptions are subject to punctual advance payment by each Subscriber of Subscription Fee of such amount from time to time specified and announced by GO24, by autopay, credit cards and/or in other such manners as may from time to time be prescribed by GO24 and pursuant to these T&C.

(b) Subscription Fee for monthly prepay Subscription and yearly Subscription by monthly installments shall be paid by Subscribers monthly in advance prior to the commencement of the relevant month and Subscription Fee for yearly prepay Subscription and half-yearly prepay subscription shall be paid by Subscribers in advance prior to the commencement of the relevant year or six-month period.

(c) For the avoidance of doubt, the total Subscription Fee for yearly Subscription by monthly installments for the full yearly Subscription term shall be owed to GO24 as a debt upon the commencement of the Subscription term, and the Subscriber shall be allowed to repay the same to GO24 by 12 equal monthly installments. The Subscriber is not allowed to terminate the Subscription earlier and will still be liable to pay such Subscription Fee throughout the current term in any event notwithstanding any earlier termination of the Subscription.

(d) Save and except for termination during the cooling off period, by GO24 without cause or for variation of these T&C respectively pursuant to Clauses 5(c), 15(a) and 17(b) respectively, all Subscription Fee once received by GO24 will in no event be refundable to Subscribers.

(e) No auto payment for Subscription Fee may be cancelled unless the Subscription has been duly terminated pursuant to this Clause.

(f) In addition and without prejudice to any other rights and remedies available to GO24 under these T&C and applicable laws, if any payment by Subscriber under these T&C is delayed for more than ten (10) days after the applicable due date, the Subscriber shall be liable to immediately upon request pay an additional administrative charges equal to ten percent (10%) of the amount due to GO24, subject to a minimum amount of HKD$40.00 (or such other amount as GO24 may from time to time announced).

(g) As far as payment of Subscription Fee and any other moneys by Subscribers or Applicants is concerned, time is of the essence of these T&C.

(h) GO24 shall have the right to at any time adjust and change the rate or amount of Subscription Fee at its sole and absolute discretion by giving the Subscribers not less than thirty (30) days’ prior notice through emails, GO24’s websites or any other means as GO24 considers appropriate. Such adjustment shall be effective immediately upon the end of such prior notice period, or the expiry of the current Subscription term of the Subscriber, whichever is later.

(i) In case of any increase of the Subscription Fee pursuant to Clause 7(h) payable by a Subscriber, such Subscriber may elect not to further renewal the Subscriber’s Subscription pursuant to Clause 6(d) or 6(e). A Subscriber who allows the Subscription to continue or be renewed, or has accessed or used any GO24 Centres or GO24 Facilities, after the increase of Subscription Fee becomes effective, shall be conclusively deemed to have accepted and agreed to pay the increased Subscription Fee.

8. DEPOSIT

(a) It is a condition precedent for any Subscription to be commenced and valid that the Subscriber has duly paid a Deposit to GO24 prior to commencement of the Subscription in such manner as from time to time prescribed by GO24.

(b) The amount of such Deposit are currently HKD$1,000 per Subscriber for all types of Subscription. GO24 reserves the right to from time to time adjust the amount of the Deposit and Subscribers shall upon request immediately pay GO24 any shortfall accordingly.

(c) The Deposit paid by a Subscriber shall be retained by GO24 free of any interest throughout the terms of the Subscriber’s Subscription.

(d) In the event of any breach of these T&C by the Subscriber (including but not limited to failure or delay to make any payment, or loss and damages caused to any GO24 Facilities), GO24 shall be entitled to, deduct from the Deposit the amount of any overdue payments, administrative fees and any other loss and damages incurred or suffered by GO24 caused by or incidental to such breach.

(e) In the event of any deduction of the Deposit pursuant to this Clause, the Subscriber shall as a condition precedent to the continuation of the Subscription with GO24 immediately upon request pay GO24 the amount so deducted.

(f) Subject as aforesaid, the Deposit (or the balance thereof) shall be refunded to the Subscriber by GO24 without interest within thirty (30) days after the expiry or termination of the Subscriber’s Subscription and settlement of the last outstanding claim by GO24 against the Subscriber, whichever is later. In case if the Subscriber does not collect any refund (by cheques or otherwise) of Deposit (or the balance thereof) within six months after the Subscriber is notified that such refund is available for collection, then the Subscriber shall for all purposes be conclusively deemed to have waived and renounced such refund, and GO24 shall immediately cease to have any further obligations or liabilities to refund or repay any of such Deposit to the Subscriber.

(g) The right and remedy of GO24 under this Clause is in addition and without prejudice to any other rights and remedies available to GO24 under these T&C or applicable laws, including but not limited to terminate the Subscriber’s Subscription pursuant to Clause 15(a).

9. GO24 CENTRES

(a) While GO24 Centres are generally opened for access twenty-four (24) hours, three hundred sixty-five (365) days a year including public holidays and during severe weather warnings, GO24 reserve its right to close any GO24 Centres, or decline access or use of any GO24 Centres or GO24 Facilities by all or any of the Subscribers, at any times without prior notice or compensation for any reasons whatsoever (including but not limited to maintenance, emergency, compliance and prevention of crimes or accidents).

(b) All GO24 Centres are operated on self-serving basis and will generally opened without any onsite staff, except certain select hours during the day to be from time to time determined by GO24 for its own convenience and at its sole and absolute discretion. Subscribers shall keep the GO24 Centres and GO24 Facilities clean and tidy and facilitate their access and use by other Subscribers.

(c) All GO24 Centres and GO24 Facilities, including but not limited to their availability, operation hours, and all other details, are subject to change from time to time, without prior notice, in the sole and absolute discretion of GO24. In no event shall GO24 be liable to any Subscribers in relation to the availability or condition of any of the GO24 Centres and GO24 Facilities.

(d) GO24 may from time to time relocate or permanently close any GO24 Centres without prior notice or compensation to Subscribers.

(e) Each Subscribers acknowledges and accepts that CCTV surveillance cameras may be operated and cover all or any areas (except inside the bathrooms) of GO24 Centres and all or any of the 24 hours a day. All information obtained from the CCTV will be used for security, prevention of crime and related purposes only. GO24 shall from time to time delete information obtained from the CCTV, and does not represent or warrant that CCTV recording will be active at any particularly time or cover any particular area of the GO24 Centres, or any information so obtained by GO24 will be available or intact.

10. SUBSCRIPTION ACCESS

GO24 Subscribers are entitled to access and use the specific GO24 Club(s) applied by the Subscribers and approved by GO24 only and GO24 Facilities therein subject to these T&C during the term of their Subscription. For the avoidance of doubt: -

• GO24 Subscribers are not entitled to access and use any GO24 ONYX Club(s);
• Since NO GO24 ONYX Club or GO24 ONYX Subscription is available before the ONYX Launching Date, all Subscriptions commenced before the ONYX Launching Date are, and are for all purposes conclusively deemed to be, GO24 Subscription only (i.e. NOT GO24 ONYX Subscription), and (if applicable) access to “all GO24 Centres (or all fitness locations or any wording with similar connotation or effect)” granted to any Subscribers prior to the ONYX Launching Date shall for all purposes mean and be limited to all GO24 Clubs under GO24 Subscription only, and does not include any GO24 ONYX Club.
• While GO24 may from time to time grant GO24 Subscribers limited access (in terms of number, time, duration and manner of accesses or otherwise) to any specific GO24 ONYX Club(s), such limited access will only be of a bonus nature and will in no event constitute any legally binding rights and obligations of the GO24 Subscribers, and may be revoked or changed by GO24 at any time without prior notice or compensation whatsoever.
• GO24 ONYX Subscribers are entitled to access and use the specific GO24 ONYX Club(s) (and GO24 Club(s), if any) applied by the Subscribers and approved by GO24 only and GO24 Facilities therein subject to these T&C during the term of their Subscription.
• All application by Subscribers to change the specific GO24 Centre(s) for the purposes of Clause 10(a) are subject to application in compliance with the formalities as may be from time to time required by GO24, and approval by GO24 at its sole and absolute discretion.
• Right to use and access to GO24 Centres and/or GO24 Facilities are personal to each Subscriber. No Subscriber may allow any other person to access or use any GO24 Centres and/or GO24 Facilities, along with the Subscriber or otherwise.
• Subscribers may be issued security tokens for accessing the GO24 Centres and/or GO24 Facilities, which may include, inter alia, an ID Key or ID code. While such security tokens shall at all times remain the properties of GO24, GO24 may charge Subscriber administrative fees for issuance or reissuance of such security tokens in such amount as GO24 may from time to time at its sole and absolute discretion consider appropriate.
• Each Subscriber shall keep the securities tokens safe and secure, and shall not allow any other persons to possess, control or use such securities tokens or to access or use any of the GO24 Centres or GO24 Facilities, by using such securities tokens or otherwise.
• In case of any security tokens issued to a Subscriber is lost, damaged or compromised, the Subscriber shall immediately notify GO24 in writing accordingly. Irrespective of such notification, the Subscriber shall remain fully liable for use or abuse of such securities tokens as if they were used or abused by the Subscriber personally.
• Each Subscriber undertakes to fully indemnify and keep GO24 at all time harmless from any loss, damages incurred or suffered by GO24 or any third parties (including but not limited to any other entities within the GO24 Group) and other consequences of breach of this Clause by the Subscriber. In case if GO24 suspects that such breach constitutes a crime, GO24 shall report to police for investigation and criminal prosecution.

11. SUBSCRIBER UNDERTAKINGS

(a) Each Subscriber agrees and undertakes to: -

• refrain from using, handling or moving any GO24 Facilities in any manner not authorized by GO24, contrary to these T&C or that unreasonably compromises the safety of the Subscriber or any other persons;
• clean and wipe down all GO24 Facilities used by the Subscriber with the supplies provided by GO24 immediately after each use;
• refrain from causing any nuisance or disturbance which may interfere with the use and enjoyment of the GO24 Centres and GO24 Facilities by any other Subscribers;
• access and use the GO24 Centres and GO24 Facilities in a quiet, and well-mannered fashion;
• allow other persons waiting to use any particular GO24 Facilities to work into their rotation, and not to occupy any particular GO24 Facilities for an extended period of time;
• not to use or exhibit any profanity, abusive or indecent language or behavior in any GO24 Centres;
• wear appropriate clothing and footwear while in any GO24 Centres, which may include T-shirts, jogging suits, aerobic wear and sweat outfits (street clothing, jeans and any pants/shorts that have jean type seams or rivets are not considered appropriate clothing and can damage the GO24 Facilities and their upholstery. Street shoes, black-soled shoes, flip-flops or bare feet are prohibited within the GO24 Centres);
• at all times properly keep and be solely responsible for any loss or damages to the Subscriber’s own personal properties and belongings; and
• be responsible for all loss or damages to the GO24 Centres or GO24 Facilities caused by the act, omission, default or negligence of the Subscriber shall immediately upon request pay such loss and damages to GO24.

(b) Alcohol, drugs (including steroids), and smoking are strictly prohibited within all the GO24 Centres. Subscribers shall not access or use the GO24 Centres or the GO24 Facility, or engage in any activity therein or therewith while under the influence of alcohol, drugs or medication that may impair their ability to operate the equipment properly and safely.

(c) No weapons of any kind are allowed to be taken into any GO24 Centres.

(d) No photography, videotaping, filming or audio recording is permitted within any GO24 Centres without the express written consent of GO24.

(e) Gambling and gaming are strictly prohibited within all GO24 Centres.

(f) GO24 reserves the right to, in its sole and absolute discretion, from time to time limit the consumption of food or beverages, or the use of outside equipment within any GO24 Centres.

(g) Any breach or non-compliance with any of the provisions or undertakings in this Clause by a Subscriber shall be breach that entitled GO24 to terminate the Subscription immediately pursuant to Clause 15(a).

12. RULES AND REGULATIONS

(a) GO24 may from time to time establish rules and regulations for the safety and protection of the Subscribers, the GO24 Centres and/or the GO24 Facilities (and/or the users, visitors and occupiers thereof). Such rules and regulations in effect from time to time are deemed to have incorporated into and form part of these T&C.

(b) Each Subscriber shall observe and be bound by such rules and regulations once they are established and announced by GO24.

13. DISCLAIMER AND LIMITATION OF LIABILITIES

(a) Each Subscriber confirms and acknowledges that the Subscriber has applied and agreed to join Induction Training to be provided or arranged by GO24 or has attended Induction Training previously; and and in consideration of the Subscriber’s access to GO24 Centres and use of the GO24 Facilities, the Subscriber fully understand, agree and accept that: -

• there are natural hazards and risks connected with physical fitness training and the Subscriber shall be solely and fully responsible for all such hazards and risks and all their consequences;
• the natural hazards and risks specified in Clause 13(a)(i) may include, but not be limited to, abnormal blood pressure, fainting, heart disorders and heart attack, dehydration, heat exhaustion, sprains, muscle strain, blisters, stress fracture, shin splints, tendonitis, cartilage tears, bursitis, back pain, bruising of joints, paralysis and death;
• exercise or use of fitness equipment improperly or beyond one's physical limits and/or accidents involving exercise equipment may result in serious injury or even death;
• the Subscriber voluntarily, knowingly and freely assumes all such risks associated with participation in any activity or use of the GO24 Facilities. The Subscriber voluntarily assumes all such risks with full knowledge, understanding and appreciation of the risks involved;
• as GO24 Centres are operated on self-serving basis and will generally opened without any onsite staff, the Subscriber shall at all times solely and fully responsible for the Subscriber’s own safety and wellbeing and that of other Subscribers.

(b) To the fullest extent allowed by law, each Subscriber, on behalf of his or herself, his or her heirs, representatives, executors, and administrators, hereby knowingly and intentionally (A) waives and releases GO24 and all other entities within the GO24 Group and their respective successors, shareholders, directors, officers, employees, agents, affiliates, contractors and services providers (each individually, a “Released Party”; collectively, “Released Parties”) from, (B) release Released Parties from, and (C) covenant not to sue Released Parties for, any and all causes of action, claims, injuries, liabilities, damages or demands of any nature arising out of any loss, damage or injury incurred or suffered by the Subscriber at any time in relation or incidental to the Subscriber’s access or use of the GO24 Centres or GO24 Facilities (collectively, “Claims”). This waiver of liability (this “Waiver and Covenant”) shall be effective even if said Claims arise from, the negligence, wrongful acts, omissions, breach of warranty, or strict tort liability of any Released Party. Notwithstanding the immediately preceding sentence, this Waiver and Covenant shall not be effective in regard to any Claims arising from, the gross negligence of any of the Released Parties. The above examples in Clause 13(a)(ii) and (iii) are not inclusive of all the possible risks to which the Subscriber will be subject in using the GO24 Facilities and that the listed examples in no way limits the extent or reach of this Waiver and Covenant or any provision of this Waiver and Covenant.

(c) In the event of an accident, if the Subscriber should be unconscious or otherwise unable to make medical decisions for him or herself, the Subscriber hereby grants the Released Parties permission to solicit emergency medical services as deemed necessary. This authorization includes permission for emergency medical transportation to the nearest medical facility for additional medical treatment.

(d) Each Subscriber agrees to defend, fully indemnify and hold at all times harmless the Released Parties against any loss, damage or expense incurred or suffered by the Released Parties or any third parties (including but not limited to any other entities within the GO24 Group) by reason of any claim or liability based upon personal injury (including death) or property damage arising out of the acts, omissions, negligence, recklessness, default of, and/or breach of these T&C by, the Subscriber.

(e) Without prejudice to the foregoing and to the fullest extent allowed by law, the total aggregate liabilities of GO24 towards any Subscriber in relation or incidental to these T&C, access and/or use of any GO24 Centres and/or GO24 Facilities shall in any event limited to the Subscription Fee actually received by GO24 from the Subscriber for the three (3) month (to be determined on a pro rata basis if necessary) immediately before such liabilities first arisen.

(f) For the avoidance of doubt, although other entities within the GO24 Group may from time to time assist and facilitate GO24 to provide the Subscribers access and use of the specific GO24 Centres and GO24 Facilities pursuant to these T&C, none of them shall have any contractual relationship with, or contractual obligations or liabilities of any nature whatsoever towards, the Subscriber in relation or incidental to such access or use by or the Subscription of the Subscribers.

14. FREEZE AND TRANSFER OF SUBSCRIPTION

(a) While Subscription Fees are not refundable except pursuant to Clauses 5(c), 15(a) and 17(b) of these T&C, Subscribers may from time to time apply to freeze their Subscription pursuant to this Clause.

(b) Application to freeze any Subscription pursuant to this Clause shall be: -

• subject to approval by GO24 at its sole and absolute discretion;
• for whole monthly periods from a minimum of one (1) month up to a maximum of twelve (12) months only;
• made by not less than ten (10) days prior written notice by way of completing such forms and formalities as GO24 may from time to time prescribed; and
• in no event made or taken effect retroactively.

(c) If any Subscription is frozen pursuant to this Clause: -

• the Subscriber shall pay GO24 administrative fees of HK100 (or such other amount as GO24 may from time to time announced) per month (or part of a month) throughout the frozen period;
• the current term of the Subscription shall be automatically postponed by the frozen period accordingly; and
• during the frozen period, a Subscriber may not terminate the Subscription, or exercise any rights or enjoy any benefits of the Subscription, including but not limited to accessing or using any GO24 Centres or GO24 Facilities or engaging in any personal training sessions.

(d) GO24 may at its sole and absolute discretion (but is not obliged to) consider on a case by case basis application by any Subscriber to transfer the Subscriber’s Subscription to another person. However, GO24 shall have the absolute right to decline such application without giving any reason whatsoever. In case if such application is approved by GO24, the Subscriber shall pay GO24 an administration fee of HKD$1,000 (or such other amount as GO24 may from time to time announced) and comply with any other conditions as GO24 may as sole and absolute discretion specified.

15. TERMINATION OF SUBSCRIPTION

(a) Notwithstanding anything herein to the contrary, GO24 shall have the right to at any time without cause terminate any Subscription by serving on the Subscriber not less than thirty (30) days’ prior notice in writing, by email or other electronic means. In such case, part of the Subscription Fee for the remaining period (if any) of the current Subscription term paid by the Subscriber shall be refunded to the Subscriber on a pro rata basis (together with balance of the Deposit (if any) pursuant to Clause 8(f)). Subject thereto, GO24 shall have no further obligations or liabilities whatsoever towards the Subscriber in relation or incidental to the termination pursuant to this Clause.

(b) GO24 may at any time immediately terminate any Subscription, or temporarily suspend any Subscriber’s Subscription or access and/or use of all or any of the GO24 Centres and GO24 Facilities for as long as GO24 may at is sole and absolute discretion consider appropriate, if the Subscriber:

• fails to pay any sum due and payable to GO24 under these T&C; or
• breaches of any of the provisions in T&C or fails to comply with GO24 reasonable requirements in relation to the access and use of the GO24 Centre or GO24 Facilities; or
• becomes insolvent or bankrupt or unable to pay its debts; or
• has provided any information to GO24 which is found or reasonably believed by GO24 to be false, inaccurate, incomplete or misleading.

(c) Termination of these T&C will not affect any of GO24’s existing right or liability prior to such termination.

16. COLLECTION OF PERSONAL DATA

(a) Each Subscriber acknowledges and accepts that that all information supplied to GO24 in connection with these T&C will be used and handle by GO24 in accordance with GO24’s Privacy Policy.

(b) Without prejudice to Clause 16(a), each Applicant and Subscriber hereby authorizes and gives consents to GO24 to use the Subscriber’s personal data (as defined in the Personal Data (Privacy) Ordinance (Cap. 486)) supplied in connection with these T&C for the purposes of processing application, verifying identify, allowing accessing to GO24 Centres and other related purposes.

(c) Each Subscriber has the right to request access to information held by GO24 about the Subscriber and to update and correct such information. Such request should be made in writing to the Data Protection Officer of GO24 at enquiries@go24.fitness

(d) GO24 reserves the right to impose a reasonable charge to cover the costs of complying with such request

17. VARIATION

(a) Subject to this Clause, GO24 shall have the right to at any time vary these T&C by adding, deleting or modifying any provisions by giving the Subscribers not less than thirty (30) days’ prior notice through emails, GO24’s websites or any other means GO24 considers appropriate.

(b) Subscribers of yearly prepaid Subscription or half-yearly prepaid Subscription who do not agree to such variation to these T&C may terminate the Subscription with effect from the effective date of the variation, by serving prior written notice on GO24 and completing such forms and formalities as GO24 may from time to time prescribed prior to the effective day of the variation. In such case, part of the Subscription Fee for the remaining period (if any) of the current Subscription term paid by the Subscriber shall be refunded to the Subscriber on a pro rata basis.

(c) A Subscriber who allows the Subscription to continue or be renewed, or has accessed or used any GO24 Centres or GO24 Facilities, after any variation of these T&C becomes effective, shall be conclusively deemed to have accepted and agreed to be legally bound by these T&C as so varied.

18. GENERAL

(a) These T&C together any documents referred to herein is the complete and exclusive statement of the agreement between a Subscriber and GO24 in relation to the use and access to GO24 Centres and GO24 Facilities, and supersedes all representations or other communications between the Subscriber and GO24 in relation thereto.

(b) Save and except pursuant to Clause 14(d) as permitted at the sole and absolute discretion of GO24, Subscribers are not allowed to assign, transfer, convey, licence or otherwise dispose of the Subscription or all or any of their rights and obligations under these T&C.

(c) GO24 may at any time assign its obligations and liabilities under the Subscription and these T&C to any of the group companies within the GO24 Group without the Subscriber’s prior written consent or approval.

(d) Each Subscriber agrees to indemnify GO24 for all losses, damages or expenses (including but not limited to legal costs) incurred by GO24 or any third parties (including but not limited to any other entities within the GO24 Group) in connection with the enforcement of these T&C by GO24 against the Subscriber.

(e) Each Subscriber warrants that (i) all information provided by the Subscriber to GO24 are true, correct, complete and not misleading and undertakes keep GO24 update immediately in case if any change to such information; and (ii) GO24 may rely on all such information with verification.

(f) No failure or delay by GO24 to exercise any right, power or remedy under these T&C shall operate as a waiver thereof nor shall any single or partial exercise by GO24 of any right, power or remedy.

(g) Any waiver, concession or extra time GO24 may allow a Subscriber is limited to the specific circumstances in which it has been given and does not affect GO24’s right power or remedy under these T&C in any other way.

(h) The rights, powers and remedies of GO24 herein are cumulative and are not exclusive of any rights, powers or remedies available to GO24 under any applicable laws or otherwise.

(i) If any provision in these T&C is ruled to be unenforceable, it shall be ineffective only to the extent of the unenforceability only. All other provisions in these T&C shall remain in full force and effect.

(j) These T&C are governed by the laws of Hong Kong and each Applicant and Subscriber submits to the non-exclusive jurisdiction of Hong Kong courts.

(k) These T&C is available in both English and Chinese. In case of any conflict, the English version shall prevail.