We are Gymbuddy Limited ('Company', 'we', 'us', or 'our'), a company registered in the United Kingdom
at
Gymbuddy Street Gymbuddy Land, Gymbuddy State GM12 1AA.
We operate the website http://www.gymbuddy.com (the 'Site'), the mobile application Gymbuddy (the 'App'), as well as any
other related products and services that refer or link to these
legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone
at 012345678912, email at gymbuddy@gmail.com, or by mail to Gymbuddy Street, Gymbuddy Land, Gymbuddy State GM12 1AA,
United Kingdom.
These Legal Terms constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ('you'), and Gymbuddy Limited, concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
We will provide you with prior notice of any scheduled changes
to the Services you are using. The modified Legal Terms will
become effective upon posting or notifying you by gymbuddy@gmail.com, as stated in the email message. By continuing to use the
Services after the effective date of any changes, you agree to
be bound by the modified terms.
The Services are
intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register
for the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not
intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us to
any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a
way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks,
service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal,
non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including
the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,
revocable licence to: - access the Services; and
- download or print a copy of any portion of the Content to
which you have properly gained access.
solely for your personal,
non-commercial use.
Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior
written permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in
our Legal Terms, please address your request to: gymbuddy@gmail.com. If we ever grant you the permission to post, reproduce, or
publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to
the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right
to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand
the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about
the Services ('Submissions'), you agree
to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music, graphics,
comments, reviews, rating suggestions, personal information, or
other material ('Contributions'). Any
Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other
users of the Services and possibly
through third-party websites.
When you post Contributions, you grant us a licence (including use of your name, trademarks,
and logos):
By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to: use, copy, reproduce,
distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole
or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate
into other works, your Contributions, and to
sublicence the licences granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This licence includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of
the Services or making Contributions
accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit
through the Services any Submission nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and
all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licences to submit such Submissions and/or Contributions and that you have
full authority to grant us the above-mentioned rights in relation
to your Submissions and/or
Contributions;
and
- warrant and represent that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree
to reimburse us for any and all losses that we may suffer because
of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report
you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately refer to the
'
COPYRIGHT INFRINGEMENTS'
section below.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with
these Legal Terms; (4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse
any and all current or future use of the Services (or
any portion thereof).
You may be required to register to use the
Services. You agree to keep your password
confidential and will be responsible for all use
of your account and password. We reserve the right
to remove, reclaim, or change a username you
select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or
otherwise objectionable.
5. PRODUCTS
All products are
subject to availability. We reserve the right to discontinue any
products at any time for any reason. Prices for all
products are subject to change.
We accept the following forms of payment:
- Google Pay
- Apple Pay
You agree to provide current, complete, and accurate
purchase and account information for all purchases made
via the Services. You further agree to promptly update
account and payment information, including email address,
payment method, and payment card expiration date, so that
we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases
as deemed required by us. We may change prices at any
time. All payments shall be
in __________.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and
you authorise us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve
the right to correct any errors or mistakes in pricing, even
if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by
or under the same customer account, the same payment
method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will
continue and automatically renew unless cancelled. You consent to our charging
your payment method on a recurring basis without requiring
your prior approval for each recurring charge, until such
time as you cancel the applicable order. The length of your billing
cycle will depend on
the type of subscription plan you choose when you
subscribed to the Services.
Free Trial
We offer a 14-day free trial
to new users who register with the Services. The account will be charged according to the user's
chosen subscription at the end of the free trial.
Cancellation
You can cancel your
subscription at any time by logging into your account. Your cancellation will take
effect at the end of the current paid term. If you have any
questions or are unsatisfied with our Services, please email
us at gymbuddy@gmail.com.
Fee Changes
We may, from time to time, make changes to the
subscription fee and will communicate any price changes to
you in accordance with applicable law.
8. REFUNDS POLICY
All sales are final and no refund will be issued.
You may not access or use the Services for any
purpose other than that for which we make the Services
available. The Services may not be used in connection
with any commercial endeavours except
those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content
from the Services to create or compile,
directly or indirectly, a collection,
compilation, database, or directory without
written permission from us.
- Trick, defraud, or mislead us and other
users, especially in any attempt to
learn sensitive account information such
as user passwords.
- Circumvent, disable, or otherwise
interfere with security-related features
of the Services, including features that
prevent or restrict the use or copying
of any Content or enforce limitations on
the use of the Services and/or the
Content contained therein.
- Disparage, tarnish, or otherwise harm,
in our opinion, us and/or the Services.
- Use any information obtained from the
Services in order to harass, abuse, or
harm another person.
- Make improper use of our support
services or submit false reports of
abuse or misconduct.
- Use the Services in a manner
inconsistent with any applicable laws or
regulations.
- Engage in unauthorised framing of or
linking to the Services.
- Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan
horses, or other material, including
excessive use of capital letters and
spamming (continuous posting of
repetitive text), that interferes with
any party’s uninterrupted use and
enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes
with the use, features, functions,
operation, or maintenance of the
Services.
- Engage in any automated use of the
system, such as using scripts to send
comments or messages, or using any data
mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other
proprietary rights notice from any
Content.
- Attempt to impersonate another user or
person or use the username of another
user.
- Upload or transmit (or attempt to
upload or to transmit) any material that
acts as a passive or active information
collection or transmission mechanism,
including without limitation, clear
graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes
referred to as 'spyware' or 'passive collection
mechanisms' or 'pcms').
- Interfere with, disrupt, or create an
undue burden on the Services or the
networks or services connected to the
Services.
- Harass, annoy, intimidate, or threaten
any of our employees or agents engaged
in providing any portion of the Services
to you.
- Attempt to bypass any measures of the
Services designed to prevent or restrict
access to the Services, or any portion
of the Services.
- Copy or adapt the Services' software,
including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
- Except as permitted by applicable law,
decipher, decompile, disassemble, or
reverse engineer any of the software
comprising or in any way making up a
part of the Services.
- Except as may be the result of standard
search engine or Internet browser usage,
use, launch, develop, or distribute any
automated system, including without
limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Services, or use or launch
any unauthorised script or other
software.
- Use a buying agent or purchasing agent
to make purchases on the Services.
- Make any unauthorised use of the Services,
including collecting usernames and/or email
addresses of users by electronic or other
means for the purpose of sending unsolicited
email, or creating user accounts by automated
means or under false pretences.
- Use the Services as part of any effort
to compete with us or otherwise use the
Services and/or the Content for any
revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
Use the Services to advertise or offer to sell goods
and services.
10. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to,
or participate in blogs, message boards, online
forums, and other functionality, and may provide you
with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the
Services, including but not limited to text,
writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or
other material (collectively, 'Contributions'). Contributions may be
viewable by other users of the Services and through
third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and
non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission, public display,
or performance, and the accessing, downloading, or copying
of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral
rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases,
and permissions to use and to authorise us, the Services,
and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission
of each and every identifiable individual person in your
Contributions to use the name or likeness of each and
every such identifiable individual person to enable
inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libellous,
slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in
the legal sense of those terms) any other person and to
promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law,
regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any offensive comments
that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to
material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing
violates these Legal Terms and may result in, among other
things, termination or suspension of your rights to use
the Services.
By posting your Contributions to any part of the Services
or making Contributions accessible to the Services
by linking your account from the Services to any of
your social networking accounts, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right,
and licence to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image
and voice) for any purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution
may occur in any media formats and through any media channels.
This licence will apply to any form, media,
or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorise any Contributions
to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to
monitor your Contributions.
12. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or
ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience
with the person/entity being reviewed; (2) your reviews should
not contain offensive profanity, or abusive, racist, offensive,
or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive
or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews
or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us,
and do not necessarily represent our opinions or the views of
any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses
resulting from any review. By posting a review, you hereby
grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully paid, assignable, and sublicensable right
and licence to reproduce, modify, translate, transmit
by any means, display, perform, and/or distribute all content relating
to review.
13. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this
mobile application licence contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the source
code of, or decrypt the App; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
App; (3) violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavour, commercial
enterprise, or other purpose for which it is not designed or
intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use
the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary
information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for
use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable
licence
to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable,
and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified
in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App
to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for
the App, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i) you
are not located in a country that is subject to a US government embargo,
or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on
any US government list of prohibited or restricted parties; (5) you
must comply with applicable third-party terms of agreement when using
the App, e.g. if you have a VoIP
application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor
will have the right (and will be deemed to have accepted the right)
to enforce the terms and conditions in this mobile application
licence
contained in these Legal Terms against you as a third-party beneficiary
thereof.
14. SOCIAL MEDIA
As part of the functionality of the Services, you may
link your account with online accounts you have with
third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing
your Third-Party Account login information through the
Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled
to disclose your Third-Party Account login information to us and/or grant us access
to your Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available,
and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the
Services via your account, including without limitation
any friend lists and (2) we may submit to and receive
from your Third-Party Account additional information to the extent you are notified
when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings
that you have set in such Third-Party Accounts, personally identifiable information that you
post to your Third-Party Accounts may be available on and through your account on
the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our
access to such Third-Party
Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on
and through the Services. You will have the ability to disable
the connection between your account on the Services and your
Third-Party Accounts
at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review
any Social Network Content for any purpose, including but
not limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address
book associated with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered
to use the Services. You can deactivate the connection between
the Services and your
Third-Party Account
by contacting us using the contact information below or through
your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that become
associated with your account.
15. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ('Third-Party Websites') as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Services or any
Third-Party Content posted
on, available through, or installed from the Services, including
the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites
or any Third-Party
Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating to
any applications you use or install from the Services. Any purchases
you make through Third-Party Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such purchases
which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or
services offered on
Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase
of such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
16. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the
space to place such advertisements, and we have no other
relationship with advertisers.
17. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access
to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property
and to facilitate the proper functioning of the Services.
18. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: http://www.gymbuddy.com/privacy-policy. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the
world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United Kingdom, then through your
continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent
to have your data transferred to and processed in the United Kingdom.
19. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a 'Notification'). A copy of your Notification will
be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant
to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
20. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account,
we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and
injunctive redress.
21. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our
sole discretion without notice. However, we have no obligation
to update any information on our Services. We will not be liable to you or
any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or
releases in connection therewith.
22. GOVERNING LAW
These Legal Terms are governed by and interpreted following
the laws of the United Kingdom, and the use of the United Nations Convention of Contracts
for the International Sales of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a consumer,
you additionally possess the protection provided to you by
obligatory provisions of the law in your country to residence. Gymbuddy Limited and yourself both agree to submit to the non-exclusive jurisdiction
of the courts of __________, which
means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
23. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you
or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
these Legal Terms shall be determined by one arbitrator who will
be chosen in accordance with the Arbitration and Internal Rules of
the European Court of Arbitration being part of the European
Centre of Arbitration having its seat in Strasbourg, and which are
in force at the time the application for arbitration is filed, and
of which adoption of this clause constitutes acceptance. The seat
of arbitration shall be Liverpool, United Kingdom. The language of the proceedings
shall be English. Applicable rules of
substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority
for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorised
use; and (c) any claim for injunctive relief. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.
24. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior
notice.
25. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY
TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
26. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE zero (0) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR £1. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
27. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions;
(2) use of the
Services; (3) breach of
these Legal Terms; (4)
any breach of your representations and warranties set forth in
these Legal Terms; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defence and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense,
with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which
is subject to this indemnification upon becoming aware of it.
28. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we
shall have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action against us
arising from any such loss or corruption of such data.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online
forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
30. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
31. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services constitute the
entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defences you may have based on the electronic form
of these Legal Terms and the lack of signing by the parties hereto
to execute these Legal Terms.
32. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
Gymbuddy Limited
Gymbuddy Street
Gymbuddy Land, Gymbuddy State GM12 1AA
United Kingdom
Phone: 012345678912
gymbuddy@gmail.com
