GymFit Terms & Conditions
IMPORTANT HEALTH WARNING
REMEMBER – DIFFERENT MEMBERS HAVE DIFFERENT LEVELS OF HEALTH AND FITNESS AND MAY HAVE DIFFERENT MEDICAL CONDITIONS TO YOU.
WHAT IS APPROPRIATE FOR ANOTHER MEMBER MAY NOT BE RIGHT FOR YOU.
YOU SHOULD CONSULT YOUR GP BEFORE EMBARKING ON ANY HEALTH OR FITNESS PROGRAMME AND BEFORE TAKING OR REFRAINING FROM ANY ACTION BASED ON ANY OF THE MATERIAL CONTAINED ON THE GYMFIT WEBSITE, GYMFIT APP OR ANY OF THE COMMUNICATIONS PROVIDED TO YOU AS A RESULT OF YOUR REGISTRATION OR USE OF THE GYMFIT WEBSITE OR GYMFIT APP
BY JOINING GYMFIT AND/OR CONTINUING TO USE THE GYMFIT WEBSITE OR GYMFIT APP YOU ARE CONFIRMING THAT YOU ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE / STOP USING THE GYMFIT APP IMMEDIATELY
- About us. This GymFit Website and GymFit App are owned and provided by the GD Broadcasting Limited (GymFit), a company incorporated in England and Wales under company number 8241141.
- Additional terms. Additional terms, which form part of these terms and conditions, apply to the access and use of certain GymFit services. Please click on the relevant link(s) below to view the terms:
IT IS IMPORTANT THAT YOU UNDERSTAND AND ARE COMFORTABLE WITH THESE TERMS BEFORE USING THE SERVICE AND WE ENCOURAGE YOU TO TAKE TIME TO READ THEM
SERVICE - Terms that apply to purchases made on the GymFit Website or GymFit App
LINK - Available at time of purchase
- Registration. Users of the GymFit Website or GymFit App may be required to register in order to use certain facilities and to provide additional information in order to use certain features. By registering with GymFIt you confirm you are over 16 years old.
THE GYMFIT REGISTRATION ONLY APPLIES FOR USE OF GYMFIT SERVICES. GYMFIT PARTNERS MAY HAVE THEIR OWN REGISTRATION REQUIREMENTS.
- Internet access and security. The GymFit Website and GymFit App will require access to the internet via a wireless carrier, internet service provider or other method of internet access (Network Provider). You are solely responsible for all charges from your Network Providers. You acknowledge and accept that use of the internet is not always secure and any use of the internet or any insecure networks by you (including but not limited to wireless hotspots) is at your own risk.
- Username and passwords. During the registration process you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.
- Security breaches. You agree to notify us immediately of any unauthorised use of your membership or any other breach of security of which you became aware.
- GymFit Partners. GymFit has business relationships with a number of third parties and some of the goods and services available on or through GymFit Website or GymFit App are provided by those third parties. An up to date list of these third parties is available by clicking here. Each GymFit Partner has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services.
- Offers, promotions, software and downloads. GymFit and GymFit Partners may occasionally promote their goods or services on the GymFit Website, the GymFit App, or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we carry out some checks on GymFit Partners and try to encourage them to offer good quality products, services and materials at competitive prices we have no control over them, or give you any assurances about the products or services they offer, or that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same.
- Ownership of materials. The GymFit Website and the GymFit App, the design of each and the materials and software on them or provided to you through any of them, are protected by copyright, trade mark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to GymFit and/or third parties.
- Licence terms. You are permitted to display the materials on the GymFit Website or GymFit App on a computer screen, tablet or smart phone and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us or any of the GymFit Partners provided you do not alter or remove any of the content or any part of the GymFit Website or GymFit App without our express written permission to do so and that you do not change or delete any copyright, trade mark or other proprietary notices.
You are permitted to establish a link to the GymFit Website from other sites provided that, if we believe it would damage or have any negative effect on GymFit, any GymFit Partner or any other user, you remove the link immediately if we ask you to do so.
You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the GymFit Website or GymFit App or the materials or software on either of them, or provided to you through either of them, without our prior written consent (which may be given or withheld in our absolute discretion)
- use the GymFit Website or GymFit App or any of the materials or software on either of them, or provided to you through either of them, for:
- any unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any unlawful or inappropriate advertising
- any purpose or in any manner that may give a false or misleading or negative impression of GymFit, our staff or our services or those of any GymFit Partners
- use, upload or transmit
- any material that is defamatory, offensive, obscene, sexually orientated, racist, threatening, intimidating, false, misleading or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
- any device, software, file or mechanism which may interfere with the proper operation of the GymFit Website or GymFit App or GymFit systems
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through the GymFit Website or GymFit App
- do anything that may interfere with or disrupt the GymFit Website or GymFit App or our service
- impersonate any other person when using the GymFit Website or GymFit App
- encourage or permit others to do any of the above
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, GYMFIT AND/OR ANY GYMFIT PARTNER. GYMFIT AND/OR ANY AFFECTED GYMFIT PARTNER WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS
- Suitability of materials provided via GymFit Website and/or GymFit App. No assurance is given that the materials provided or available to you on or through the GymFit Website or GymFit App are suitable for your requirements or that they will be secure, error or virus free and GymFit will have no liability in respect of those materials.
- Materials submitted to the GymFit Website and/or the GymFit App. You confirm that you own or have sufficient licence rights, permissions and consents to be able to provide to GymFit for use as anticipated by these Terms and Conditions, all materials (whether data, photographs, images, video content or otherwise) that you submit on or to the GymFit Website or GymFit App (Submitted Materials). Where Submitted Materials include an image or any personal information of any person who is under the age of 18 (Minor), you confirm that you have obtained the consent of that Minor’s parent or guardian and, for Minors who are aged 12 or over, you have also obtained the Minor’s consent. You confirm that the Submitted Materials are accurate and not misleading. You hereby grant to GymFit a perpetual, irrevocable, worldwide, non-exclusive, royalty free licence to copy, publish, distribute the Submitted Materials in any media and form anywhere in the world for any purpose.
- Availability. The GymFit Website and GymFit App are provided free of charge and as is and as available. We make no guarantee that they will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the GymFit Website or GymFit App or any of their content at any time without notice and without incurring any liability.
- Access restrictions. GymFit is entitled, in its absolute discretion, to remove any Submitted Materials. GymFit will be entitled to suspend or terminate your access to the GymFit Website and/or GymFit App at any time without reason and without liability.
- Links from and advertisements on the GymFit Website and GymFit App. From time to time, links to other websites and / or advertisements may be provided on the GymFit Website and/or GymFit App that are owned, provided and/or controlled by third parties. These links and advertisements are provided only for your interest and convenience and GymFit does not have any control over them and will have no liability in respect of any of them.
- Monitoring. GymFit may monitor activity and content on the GymFit Website and GymFit App and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
- Accuracy of information. We take care to ensure that all information available on the GymFit Website and GymFit App about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Health and fitness, commercial and legal practices change frequently and the materials on the GymFit Website, GymFit App, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific legal, financial, health or other professional advice and should not be read or used as such.
- Use of the GymFit blog. As part of your access to the GymFit Website and GymFit App, you will be entitled to access and add postings to the GymFit Blog (GymFit Blog). You acknowledge and accept that the GymFit Blog is not moderated. GymFit is not responsible for, or in any way liable in respect of, any messages or other materials posted in the GymFit Blog. When you use the GymFit Blog, you agree to comply with the licence terms at paragraph 11 above in respect of your postings.
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, GYMFIT, GYMFIT SERVICE PROVIDERS OR ANY GYMFIT PARTNER. GYMFIT AND/OR ANY AFFECTED GYMFIT SERVICE PROVIDERS AND/OR GYMFIT PARNERS WILL BE ENTITLED TO PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS
In the event you consider another user has posted materials which do not comply with this clause, please notify GymFit who will take appropriate action (which may include removing offending postings, suspending, attaching conditions to or terminating the user’s access and/or notifying the authorities or relevant regulators of offending activities) as soon as reasonably practicable.
- Disclaimer. ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THE GYMFIT WEBSITE AND GYMFIT APP IS CORRECT AND SUITABLE FOR USE, MISTAKES MAY, OCCASIONALLY, OCCUR AND GYMFIT DOES NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THE GYMFIT WEBSITE OR GYMFIT APP IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE OR APP WILL BE FREE OF DEFECTS OR VIRUSES.
NOTHING CONTAINED IN THE PAGES OF GYMFIT WEBSITE OR GYMFIT APP SHOULD BE CONSTRUED AS COMMERCIAL, LEGAL, HEALTH OR OTHER PROFESSIONAL ADVICE.
- Use of the GymFit Website and/or GymFit App outside England and Wales. GymFit makes no claims or representations that any or all of the content of the GymFit Website or the GymFit App may be lawfully viewed or downloaded outside mainland UK and, unless otherwise specifically stated, the content and the GymFit Website and GymFit App is directed solely at users who access them from mainland UK.
IF YOU CHOOSE TO ACCESS THE GYMFIT WEBSITE OR GYMFIT APP FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE RELEVANT JURISDICTION.
- Liability for our mistakes. NEITHER WE NOR ANY GYMFIT SERVICE PROVIDER OR GYMFIT PARTNER WILL BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) UNLESS:
(A) THERE IS A BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY GYMFIT / THE GYMFIT SERVICE PROVIDER / THE GYMFIT PARTNER;
(B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
(C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF THE GYMFIT / THE GYMFIT SERVICE PROVIDER / THE GYMFIT PARTNER (AS APPLICABLE).
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS
- Waiver. No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
- Miscellaneous. To the extent that any provisions of these Terms and Conditions are held to be unlawful, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.
- Third party rights. Except as set out in these Terms and Conditions, a person who is not a party to them shall have no rights to benefit from or enforce any of the Terms and Conditions.
- Governing law. These Terms and Conditions are subject to the laws of England and Wales and you, GymFit and each GymFit Partner hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.
> WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING.
IF YOU USE THE GYMFIT WEBSITE OR THE GYMFIT APP AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS