TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
WHAT’S IN THESE TERMS?
These terms tell you the rules for using our website www.gymselectme.com (“site”).
1. WHO WE ARE AND HOW TO CONTACT US
www.gymselectme.com is a site operated by GYMSELECT LIMITED (”we” or “us”).
We are registered in England and Wales under company number 11819461 and have our registered office at 90 Watery Ln, Ashton-on-Ribble, Preston PR2 1AU.
Our main trading address is 90 Watery Ln, Ashton-on-Ribble, Preston PR2 1AU.
We are a limited company.
To contact us, please email help-me@gymselectme.com
2. DEFINITIONS
The following definitions, in addition to those set out herein, apply in these terms:
Business User: a user that signs up to our website for business purposes. Business users pay either a monthly or annual subscription to have access to their account which will allow them to create a listing to help promote their business activities.
Consumer User: a user that uses our site to find Business Users or leave Reviews for Business Users.
Content: means any information, text, graphics, logos, photographs, images, moving images, videos, sound, illustration and other materials in any media form submitted or sent by Users to other Users or us, through their use of the site, including as displayed in their Profile.
Account: means the information held by us about a User of the site, such information having been submitted by the User to whom the information relates to.
Profile: means the information held by us about a User of the site, such information having been submitted by the User to whom the information relates to.
Listing: means the information a business User submits to be featured on the site
Review: means a comment which may be left on a Business User’s Profile by Users.
User: means any person who registers their details for an account with the site (whether on a free or paid-membership basis and whether you are a Business User or Consumer User).
You: means any User of this site, whether you are a Business User or a Consumer User.
3. BY USING OUR SITE YOU ACCEPT THESE TERMS
3.1 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
3.2 If you do not agree to these terms, you must not use our site.
3.3 We recommend that you print a copy of these terms for future reference.
4. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.1 These terms of use refer to the following additional terms, which also apply to your use of our site:
4.1.2 Our Privacy Policy. See further under How we may use your personal information.
4.1.3 Our Acceptable Use Policy which is set out below, sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with the Acceptable Use Policy.
4.1.4 Our Cookie Policy sets out information about the cookies on our site.
PLEASE ALSO READ THE ABOVE TERMS IN ADDITION TO THE BELOW CAREFULLY BEFORE USING THE SITE
5. WE MAY MAKE CHANGES TO THESE TERMS
5.1 We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
6. WE MAY MAKE CHANGES TO OUR SITE
6.1 We may update and change our site from time to time to reflect changes to our Users’ needs, update the User profiles or to reflect our business priorities.
7. WE MAY SUSPEND OR WITHDRAW OUR SITE
7.1 Our site is made available free of charge.
7.2 We do not guarantee that our site, or any Content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
7.3 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
8. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
8.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the terms.
9. OUR SITE IS ONLY INTENDED FOR USERS IN THE UK
9.1 Our site is directed to people residing in the United Kingdom. We do not represent that Content available on or through our site is appropriate for use or available in other locations.
10. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
10.1 You may create a Profile on our site.
10.2 On signing up to the site, you will be required to complete the registration process by providing certain information and choosing the most appropriate profile, for example if you are using the site because you represent a gym, you must choose the gym profile. You must treat such information as confidential. You must not disclose it to any third party.
10.3 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. Please contact help-me@gymselectme.com in order to delete your Profile, if you are a Business User, please refer to the below section Subscriptions, for more information.
10.4 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at help-me@gymselectme.com.
10.5 If you are a Business User you will need to provide the following:
· your name,
· email address
· password; and
· information in order to create a listing on the site which will include your business information.
You will then need to choose a subscription service and your preferred type of payment.
10.6 If you are a Consumer User you will need to provide the following:
· your name,
· email address
· password; and
· profile photo.
11. VERIFICATION
THIS SECTION APPLIES TO BUSINESS USERS.
11.1 You may opt to verify your account by requesting this through the ‘Verification’ tab and then uploading certain identification documents (“ID Documents”) to your Profile. If you wish to be verified, you must make a one-time payment that is non-refundable.
11.2 For Gym, Club and Studio Profiles, you must upload the following ID Documents to your Profile:
· Company Incorporation Certificate; or
· Utility or Phone Bill showing the registered office address.
11.3 For Physio, Therapist, Chiropractor, Coach, Instructor and Trainer Profiles, you must upload the following ID Documents to your Profile:
· Evidence of your qualifications;
· Utility or phone Bill showing either your home or business address.
11.4 We aim to complete the verification process within 48 hours and will notify you on successful completion of the process.
11.5 BY UPLOADING YOUR ID DOCUMENTS, YOU WARRANT THAT THIS INFORMATION IS TRUE, HAS BEEN LEGALLY OBTAINED AND IS ACCURATE.
Please refer to a copy of our Privacy Policy for details of how we treat and use your personal data.
12. LIMITATION OF LIABILITY
12.1 GYMSELECT LIMITED WILL NOT BE MADE LIABLE FOR ANY LOSSES WHATSOEVER WHERE A USER HAS UPLOADED MISLEADING INFORMATION TO THEIR PROFILE INCLUDING WHERE THE USER HAS SUBSEQUENTLY BEEN VERIFIED.
12.2 YOU HEREBY INDEMNIFY GYMSELECT LIMITED (INCLUDING ITS OFFICERS, DIRECTORS, STAFF AND AGENTS) ON DEMAND AGAINST ANY CLAIMS, LOSSES, DAMAGE, LIABILITY SUFFERED AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL EXPENSES) ARISING FROM YOUR CONTENT OR FROM ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS.
13. SUBSCRIPTIONS, FEES AND PAYMENTS
THIS SECTION APPLIES TO BUSINESS USERS.
13.1 FEES AND PAYMENTS
13.1.1 If you are a Business User, you must pay fees in accordance with the subscription plan selected at sign up in order to use our site (“Subscription Fee”). Business Users may choose between paying the Subscription Fee monthly or annually by direct debit.
13.1.2 Once you have made a payment of Fees, you have purchased by contract the Subscription Services for the corresponding period of time. GymSelect will be under no obligation to refund any payment made if you then choose to terminate this Agreement earlier than the expiry of such time period or if you no longer wish to use the Subscription Services at an earlier date than the end of such period of time.
13.1.3 As a Business User who subscribes to use our site you hereby authorise us to bill you via your preferred payment method, details of which you provide to us during the sign up process, for the applicable Subscription Fee in advance on the date of registration and each anniversary thereafter for the duration of your account.
13.1.4 Payment of Fees, depending upon the Business Users option chosen, shall be:
• where the Business User has a monthly account, the Customer’s credit/debit card (details of which are provided by the user at sign up) will be charged the Fees selected at sign up on the same date of each month beginning with the date the Subscription Services were first purchased; and
• where the Business User has an annual account, the Customer’s credit/debit card (details of which are provided by the user at sign up) will be charged the Fees selected at sign up on or around the same date each year beginning with the date the Subscription Services were first purchased.
13.1.5 We reserve the right to vary the Subscription Fee payable. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the site after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).
13.1.6 We reserve the right to correct any errors or mistakes that we make in relation to fees even if these have already requested or received payment.
13.1.7 Unless GymSelect states otherwise, all subscription fees are exclusive of VAT. GymSelect reserves the right to charge users for VAT once it becomes registered.
13.1.8 Invoices and receipts for payments of subscription fees can be found in the ‘View Plan’ section of your account.
13.1.9 Once you have made a payment of Fees for Verification, GymSelect will be under no obligation to refund this payment if your verification is not successful, you no longer wish to have it, or if you wish to terminate your subscription. Once you have made a payment of Fees for Review Boost, GymSelect will be under no obligation to refund this payment if you no longer wish to have it, or if you wish to terminate your subscription, or if the reviews are deleted due to user deletion or if we can no longer showcase them on our platform.
13.2 UNPAID FEES
13.2.1 If we are unable to bill you via your preferred payment method on the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the site and we shall be under no obligation to re-enable the same until such fees have been paid.
13.2.3 In the event of non-payment of Fees and in addition to its other rights and remedies, GymSelect reserves the right, without any liability on its part or compensation to the Customer, to suspend any and all User access to the Subscription Services if User’s account and Fees remain unpaid after the date they are due for more than twenty (20) days past due until all accounts are paid in full.
13.2.3 Any due but unpaid Fees shall, at GymSelects option, attract interest at the rate current in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until actual payment. Any payment against an account which has interest being added shall first be set-off against the existing accrued interest.
13.3 CONTRACTS
13.3.1 When you register an account as a Business User and setup your GymSelect subscription, you enter into a 12-month contract and agree to subscribe to the site for a minimum period of 12 months.
13.3.2 To avoid service interruption, your subscription will automatically renew every 12 Months unless cancelled. With each renewal, you enter into a new 12 Month contract.
13.4 CANCEL YOUR SUBSCRIPTION
13.4.1 You can cancel your GymSelect subscription by either cancelling your renewal, or if you have completed your minimum period of 12 months you can cancel your subscription early at any time.
13.4.2 To cancel your renewal, please send a cancellation request email to help-me@gymselectme.com from the email associated with your account. This email must be sent no later than 1 month before your contract renewal date.
13.4.3 To cancel your subscription early, please send a cancellation request email to help-me@gymselectme.com from the email associated with your account. As you are cancelling your subscription early, there will be an early termination charge equal to 50% of your remaining contract balance.
13.4.4 If your renewal cancellation request email is sent later than the required 1-month notice period before your renewal date, then your contract will auto renew, and your next payment will be taken. If you wish to terminate the new contract early, there will be an early termination charge equal to 50% of the remaining contract balance after the first payment is taken.
13.4.5 Once you have cancelled your subscription, you will still have access to your account until your paid subscription period is complete. Once your paid subscription period has come to an end, your account, listing and any reviews accumulated will be deleted.
14. HOW YOU MAY USE MATERIAL ON OUR SITE
14.1 We are the owner or the licensee of all intellectual property rights in content we have uploaded to our site, and in the material we publish on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You own the intellectual property rights (things such as copyright or trademarks) in any such Content that you create and share. Nothing in these terms takes away the rights you have to your own Content
14.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to Content posted on our site.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
14.5 You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
14.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. DO NOT RELY ON INFORMATION ON THIS SITE
15.1 The Content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.
15.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.
16. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
16.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
16.2 We have no control over the contents of those sites or resources.
17. USER-GENERATED CONTENT IS NOT APPROVED BY US
17.1 This site may include information and materials uploaded by other Users of the site, including to the Review sections of the site where Users are permitted to leave comments and Reviews on Business User’s Profiles. This information and these materials have not been verified or approved by us. The views expressed by other Users on our site do not represent our views or values.
18. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
18.1 If you wish to complain about Content uploaded by other Users, please use the “report” button. There is also a “Help” page where you can raise your concerns about Content uploaded to the site.
19. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
19.1 Whether you are a Consumer User or a Business User:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
19.2 If you are a Business User:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any Content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or
· use of or reliance on any Content displayed on our site.
In particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
19.3 If you are a Consumer User:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20. HOW WE MAY USE YOUR PERSONAL INFORMATION
20.1 We will only use your personal information as set out in our Privacy Policy.
21. UPLOADING CONTENT TO OUR SITE
21.2 Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with other Users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
21.3 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
21.4 Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other Users of our site a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in the next section below.
21.5 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
21.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
21.7 You are solely responsible for securing and backing up your Content.
21.8 We do not store terrorist content.
22. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
22.1 When you upload or post Content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the site and across different media.
22.2 We may also use your Content in other types of media, including social media platforms, for promotional purposes.
22.3 This licence shall be terminated when such Content is deleted from the site by either party.
23. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
23.1 We do not guarantee that our site will be secure or free from bugs or viruses.
23.2 You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
23.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
24. RULES ABOUT LINKING TO OUR SITE
24.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
24.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
24.3 You must not establish a link to our site in any site that is not owned by you.
24.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
24.5 We reserve the right to withdraw linking permission without notice.
24.6 The site in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
24.7 If you wish to link to or make any use of Content on our site other than that set out above, please contact help-me@gymselectme.com.
25. OUR TRADE MARKS ARE REGISTERED
”GYMSELECT” and ”GymSelect” are UK and US registered trade marks of GYMSELECT LIMITED. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.
26. ACCEPTABLE USE POLICY
26.1 This acceptable use policy sets out the content standards that apply when you upload Content to our site, make contact with other Users on our site, link to our site, or interact with our site in any other way,
26.2 We permit your access to and use of communication tools, such as using the Review sections of the site which allows Users to reply to comments or other’s Reviews or communication facilities which enable Users to communicate with each other and provide feedback on other Users in accordance with these terms of use.
26.3 You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To bully, insult, intimidate or humiliate any person.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
26.4 You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use.
· Not to access without authority, interfere with, damage or disrupt:
· any part of our site;
· any equipment or network on which our site is stored;
· any software used in the provision of our site; or
· any equipment or network or software owned or used by any third party.
27. INTERACTIVE SERVICES
27.1 We may from time to time provide interactive services on our site (“interactive services”), such as the Review sections of the site.
27.2 Reviews and Content uploaded by Users will not be moderated. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of our content standards, whether the service is moderated or not. If you have any concerns about Content uploaded by Users, please go to the following section How to complain about content uploaded by other users.
27.3 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
28. CONTENT STANDARDS
28.1 These content standards apply to any and all material which you contribute to our site (“Contribution”), and to any interactive services associated with it.
28.2 The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
28.3 We will determine, in its discretion, whether a Contribution breaches the content standards.
28.4 A Contribution must:
· Be accurate (where it states facts).
Truthful (Whether it is in a review, your 'About' 'Qualifications' 'Services' or 'Features' section)
Be genuinely held (where it states opinions).
· Where the Contribution is a photo / video / image, you must obtain the consent of the person(s) who feature in that Contribution.
· Comply with the law applicable in England and Wales and in any country from which it is posted.
28.5 A Contribution must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Bully, insult, intimidate or humiliate.
· Promote sexually explicit material.
· Include child sexual abuse material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Infringe any privacy rights of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be in contempt of court.
· Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person.
· Give the impression that the Contribution emanates from us, if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites which are not your own.
29. BREACH OF THIS POLICY
29.1 When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
29.2 Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
29.3 We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
30. COMPLIANCE WITH LAWS
30.1 Each User in using this site agrees to comply with all applicable laws, statutes and regulations from time to time in force.
30.2 Business Users warrant that they have and currently maintain adequate insurance cover in place at all times. Where you do not have appropriate insurance policies in place, you should immediately remove your active Profile from the site until this is rectified.
30.3 We shall not be made liable for failure by any User to comply with their obligations under these terms.
31. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
31.1 If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
31.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales
