Terms and Conditions of Use of Gympass B.V.

Effective: 28 February 2019

GymPass B.V. is a private limited liability company registered with the Dutch Chamber of Commerce under number 63430975. Gympass' registered address is at de Entrée 99, 15th floor 1101 HE Amsterdam, Netherlands. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@Gympass.com, +44 (0) 20 3868 7759, 1st Floor, WeWork, 115 Mare St. London, E8 4RU.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

 

Table of Contents:

  1. Definitions
  2. Applicability of these Terms
  3. Changes to these Terms
  4. Your Privacy
  5. Our Services
  6. How to use our Services
  7. Your Rights
  8. Information You Provide to Us
  9. Copyright
  10. Responsibilities regarding Content and Usage
  11. Pricing and Payment
  12. Terms and Use
  13. Terminate, Suspend or Change your subscription to GymCARD
  14. Other

 

  1. DEFINITIONS 

Content means materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Content, and so forth;

Daily Token means a number, valid for the day, issued by the Gympass’ system upon request by the User. The User shall present this number to the Gym for Validation;

GymCARD” or “Plan instrument offered to the User by Gympass in its own name and for its own account that will be accepted by the Gym as consideration for their Gym Services;

Gympass GYMPASS B.V.;

Promotion Services the service provided by Gympass to the Gym: distributing and promoting GymCARD;

Gym means the (legal) person that has a partnership agreement with Gympass to provide Gym Services to Users upon acceptance of the GymCARD;

Gym Services means the sporting services and physical activities offered by a Gym to the User, under the terms of a partnership agreement;

Services means the business services offered by Gympass, through the GymCARD;

Terms means these terms and conditions of use of Gympass;

User Content means anything you post, upload, share, store, or otherwise provide through the Services (including, but not limited to pictures, ratings, reviews and other content to be shown on the Website);

Users means persons that make use of the Gym Services;

Validation means the validation by the Gym of the visit of a User in Gympass’ system, which can be done by approving a User’s online check in through the Gympass system or (only applies to selected group of Gyms) by inputting the GymCARD’s respective Daily Token in Gympass’ system;

Website the website www.Gympass.com, Gympass App, mobile applications or any other communication channels used by Gympass to promote and inform Users about a Gym.

“Gympass App means the software application and related services provided by us to you;

 

  1. Applicability of these Terms

Welcome to Gympass. These Terms, together with the Privacy Policy and the Frequently Asked Questions (FAQ) (altogether the “Agreement”), govern the access or use by you ("User" or "you") of the Website, the Gympass App and the Services. In case of any inconsistency between the Terms and the FAQ, the Terms will prevail. In case of any inconsistency between the Terms and/or the FAQ on the one hand and the Privacy Policy on the other hand, the Privacy Policy will prevail.  

Your use of our Services constitutes a binding contract between you and Gympass (“Gympass,” “we” and “us”). If you do not agree to the Agreement, you may not access or use the Services. Your use of the Services will constitute your consent to be bound by the Agreement and the Agreement will remain in effect while you use the Services.

NOTICE: Please read these Terms and the rest of the Agreement carefully. They contain important information regarding the Services provided to you and any charges or amounts we bill you. They include data about future changes to the Agreement, automatic renewals, limitations of liability and resolution of disputes.

 

  1. Changes to these Terms

We are constantly trying to improve our Services. As a result we may need to amend the  Agreement related to the Services. Therefore we reserve the right to change the terms of the Agreement at any time. We will provide you with a notice of any such change, either via the Website or by some other means.

If you do not agree with the new terms of the Agreement, you are free to reject them and you should not begin or continue use of the Gympass Website or the Services. If you decide to use the Services after any changes to any part of the Agreement have been posted, you are deemed to have accepted such changes.

 

  1. Your Privacy

Gympass takes the privacy of its Users very seriously. For the current Gympass Privacy Policy, please click here.

We do not knowingly collect or solicit personal data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal data about yourself to us, but rely on a parent or a legal guardian to assist you. If we learn that we have collected personal data from a child under age 16, we will delete that data as quickly as possible. If you believe that a child under 16 may have provided us personal data, please contact us at support@Gympass.com.

 

  1. Our Services

Gympass enables the Users to purchase GymCARD through the Gympass Website, which will be accepted by the Gym as consideration for the Gym Services. In addition, Gympass provides Promotion Services to Gyms that offer Gym Services to Users. You acknowledge that Gympass does not supply (any kind of) Gym Services in its own name and that your ability to obtain access to the Gym through the use of the GymCARD does not establish Gympass as a provider of Gym Services, and/or other facilities intended for physical activity use.

 

  1. How to use our Services

6.1 Create your account

You can create your account for free through the Gympass App or Website (www.gympass.com). We may ask you to fill in a verification key, so that we can identify your employer. This could be your corporate email, employee number or any other identification number. In case you do not know your verification key, please contact your HR department.

Account registration

Account registration also requires you to submit to Gympass certain personal information, such as your name, email address and/or mobile telephone number and select a password and username (“Gympass User ID”). Once you have created an account you can also connect to Gympass through Facebook using your Facebook login data. By signing up to the Services through Facebook, we can access your email from your Facebook profile for use of the Services. You may control the amount of data that is accessible to us by adjusting your Facebook account privacy settings. By using the Services, you are authorizing us to collect, store, retain and use, in accordance with our Privacy Policy, any and all data that you permitted Facebook to provide to us.

You may only hold one account on the Website. You promise to provide us with accurate and complete registration data and agree to update all registration data whenever any such data changes. Gympass reserves the right to validate your registration data at any time and may request any additional data and documents that Gympass deems relevant in order to verify your registration data. 

In the event that any registration data is found to be incorrect or untrue, Gympass reserves the right to suspend or terminate a User’s account (without compensation or reimbursement) or take other measures as may be necessary and appropriate. You may not select as your Gympass User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer, sell or rent your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, that you received your parent’s or guardian’s permission to use the Services and that your parent or guardian has agreed to these Terms on your behalf).

If you are agreeing to the Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Agreement on that organization or entity’s behalf and bind them to the Agreement (in which case, the references to “you” and “your” in the Agreement, except for in this sentence, refer to that organization or entity).

Personal use

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We are not responsible for your use of the Services in a way that violates applicable legislation.  

You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You agree to immediately notify Gympass in the event of any unauthorized use of your account.

6.2 Purchase your GymCARD

After you have created an account, you can check out the type of GymCARDs that are available. Each GymCARD gives you access to a selection of Gyms, depending on the price of the GymCARD. Sometimes we may also refer to a GymCARD as Plan.

In order to select a GymCARD, click on “Sign up” and choose your payment method. You can purchase the GymCARD via credit card or any other payment method offered. Although the legal relationship will always be between us and you, we may also offer payroll as a payment method.

If you choose payroll, you will pay for your GymCARD by allowing your employer to deduct the GymCARD fee directly from your pay. In this case you will be requested to accept a standard contract in which you agree to this payment method. In some cases, your employer will first need to verify whether they can support this payment method. If applicable, you will see the message "standard contract approval”.

Please note that Gympass will take care of the payments through our Gympass platform for your access to the Gyms that are included in your GymCARD. Any additional services not included in your GymCARD should be paid by you to the Gym directly.

After finalizing your purchase, you will receive an email confirming the activation of your GymCARD.

6.3 Gym Restrictions

After receiving the confirmation email, you can access any Gym included in your GymCARD. With your GymCARD, you will be entitled to a single entrance at one Gym per day. Here's how to check-in to get access to the facilities of the Gym.

You must follow the procedures, policies and usage rules made available to you by the Gym. Depending on the type of activity or Gym, the following restriction may e.g. apply:

  • Classes (such as yoga, pilates, dancing, fights and martial arts) have a specific duration and often need to be booked prior to you arrival;
  • Operating hours of the Gym. These may vary from Gym to Gym and depend on the type of activities.
  • Specific requirements. The Gym may have restrictions on availability, schedules, available types of classes, classes subject to availability of equipment and vacancies, medical certificates and clothing among other requirements.

We recommend that you contact the Gym before your first visit in order to verify which requirements apply. You can also go to the ‘Gym page’ of our Website.

6.4 Accessing the Gym

When you arrive at the Gym, you will need to check-in before you can enter.

You can check-in online through the Gympass App or the Website. The receptionist of the Gym will need to Validate your check-in. At some Gyms, you can also get access by showing the Daily Token (on your mobile phone or just written) to the receptionist of the Gym.

Once you are Validated, you can start your workout.

 

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Content or otherwise use the Services or interact with the Services in a manner that:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Gympass);
  • Violates any law or regulation, including, without limitation, any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Gympass account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security data from any other User;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Mail-list, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Violates any procedures, policies and behavior and usage rules made available to you by the Gyms.
  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or data of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your account, GymCARD (subscription) and your right to use or access the Services.

Additionally, the name “Gympass”, the Website and the programs, databases, networks and files that enable you to access the Services are the property of Gympass and Gympass holds all rights thereto. The misuse or total or partial reproduction of our name or other intellectual property rights relating to the Services is prohibited without the express permission of Gympass.

7.Your Rights

Gympass holds all rights to the Content. You promise to abide by all copyright notices, trademark rules, data, and restrictions contained in any Content you access through the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Gympass’) rights.

You understand that Gympass owns the Services. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this section), create derivative works based on, or otherwise exploit any of the Services.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, does not mean that all the restrictions above do not apply – they do!

 

  1. Information You Provide to Us

Some User Content may be viewable by other Users. In order to display your User Content on the Gympass Website or in connection with the Services, and to allow other Users to enjoy them (where applicable), you grant us certain rights in that User Content. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Content that contain your personal data.

For all User Content, you hereby grant Gympass a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Content, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Content is not affected.

If you store User Content in your own personal Gympass account, in a manner that is not viewable by any other User except you (“Personal User Content”), you grant Gympass the license above, as well as a license to display, perform, and distribute your Personal User Content for the sole purpose of making that Personal User Content accessible to you and providing the Services necessary to do so.

If you share User Content only in a manner that only certain specified Users can view (for example, Facebook publications to one or more other users) (“Limited Audience User Content”), then you grant Gympass the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Content for the sole purpose of making that Limited Audience User Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified Users a license to access that Limited Audience User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.

If you share User Content publicly on the Services and/or in a manner that more than just you or certain specified Users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Content”), then you grant Gympass the licenses above, as well as a license to display, perform, and distribute your Public User Content for the purpose of making that Public User Content accessible to all Gympass Users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Services for any purpose, provided that Gympass will notify you if it uses your Public User Content for any reason other than displaying it on the Services. Also, you grant all other Users of the Services a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.

You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide, provided that when you cancel your Gympass account, we will stop using your User Content (other than Public User Content, which may remain fully available) to other Users (if applicable), but you understand and agree that even if Gympass deletes all of your Personal Data, your User Content may remain viewable elsewhere to the extent that they were copied or stored by other Users. To understand how to delete your data, please check our Privacy Policy. Gympass owns and may use any aggregated and anonymized data derived from or incorporating data that we receive through your account, but not in a manner that would identify you personally.

Finally, you understand and agree that Gympass, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your User Content to conform and adapt that User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

  1. Copyright

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Gympass, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights protected by laws and international copyright treaties, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; To learn more about the DMCA, click here.

 

  1. Responsibilities regarding Content and Usage

Any data or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such data and Content at your own risk. Gympass is not liable for any errors or omissions in that data or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any Users with whom you interact in using the Services and are not responsible for which Users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. When contributing any Content, you represent and warrant that you: (i) have all necessary licenses, authorizations, and rights to use all intellectual property to make such contribution, (ii) have obtained all consents required to make such contribution (if applicable), (iii) have registered the Content with the appropriate agencies (if applicable), and (iv) will include all necessary credits for the preservation of the moral rights of copyright holders (if applicable). You will keep all your registration data accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Gympass. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Gympass is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

Gympass has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Gympass will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals (including Gyms) found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Gympass shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Additionally, you acknowledge and agree that in connection with the Services, you have voluntarily used Gym Services at the facilities of the Gyms. You may stop using these Gym Services at any time, in your sole discretion. You acknowledge that it is your sole responsibility to consult with your personal health care provider regarding any medical condition that may prevent or limit your participation in sports activities at the facilities of the Gyms, and you are solely responsible for abiding by your personal health care provider’s recommendations as to any medical restrictions on your participation in sports activities. You acknowledge and agree that you are aware of the risks and hazards associated with your use of Gym Services and you voluntarily assume all risk of loss, damage or injury to person or property that may arise from your use of Gym Services, whether such risk is known or unknown to you.

If there is a dispute between Users on the Website, or between Users and any third party (for example an Gym), you agree that Gympass is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Gympass, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. Finally, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of the Agreement), in our sole discretion, and without notice.

 

  1. Pricing and Payment

You may access our Gympass Website and create a personalized account for free. However, Users who wish to make use of the Gym Services offered by our Gyms are required to purchase GymCARD. 

  1. Gym Services. Our Website includes a list of currently available Gym Services offered by our Gyms. In the event that a partnership agreement between Gympass and a Gym is terminated, or if Gympass or a Gym decides that it will no longer offer Gym Services through the Website, such Gym Services will be removed from the Website. In the event of such removal, all Gym Services previously offered to Users via the Website will no longer be available. Because Gympass only offers the instrument GymCARD to Users, Gympass is not responsible for any taxes that may apply to the use of Gym Services or on the goods and services provided by Gym. Please note that any payment terms presented to you in the process of using or paying for Services are deemed part of these Terms.
  2. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for purchase of the GymCARD and the use of the Gym Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Agreement. We are not responsible for errors of the Payment Processor. By choosing to purchase Services and use Gym Services, you agree to pay, through the Payment Processor, all charges at the prices then in effect for any such Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). Although the legal relationship will always be between us and you, we may also offer payroll deduction as a Payment Method. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
  3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
  4. Recurring Billing. Some of the Services payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment Service, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
  5. Current Data Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE DATA FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL DATA TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH DATA CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING DATA, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SERVICES AS SET FORTH ABOVE.
  6. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  7. Reaffirmation of Authorization. Your non-termination or continued use of the Services reaffirms that we are authorized to charge your Payment Method for that Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Services.
  8. Delivery of Gym Services. Gympass is responsible for electronically delivering a proof of purchase of Services (a “GymCARD”), which shall state the Service conditions of use as published on the Website. You acknowledge and agree that any Gym Services published on the Website on behalf of the Gym, and all Gym Services acquired on the Website refers to a service to be made available by the Gyms. The Gyms are solely responsible for the delivery, quality, quantity, condition, existence, legitimacy, integrity and regulatory compliance of the Gym Services and related fitness or health services offered, as well as the accuracy of Gym Services data published on the Website. 
  9. Use of Services. After purchase and receipt of a GymCARD, Users may use the Gym Services after online check in at the Gym or by presenting the Daily Token at the reception desk of the Gym who will grant the User access to the Gym’s facility and Gym Services. The GymCARD must be presented upon every visit to a Gym facility. Only one Daily Token (visit) can be Validated per day during the validity period of the GymCARD, and any unused Daily Tokens shall expire at the end of the applicable month and will not be rolled over or held for use in any future month.

 

  1. Terms and Use

You may have an agreement to monthly receive a GymCARD – valid for 1 month each time (a ‘GymCARD subscription’). As further described below, your GymCARD subscription will continue to be valid until terminated, which can be easily done through your account settings.

Auto-renewal

Your GymCARD will be valid for the duration of one month after the date of purchase. If you opted for a GymCARD subscription, your GymCARD will be automatically renewed for equal and successive periods of one month ("Validity Period"). The GymCARD will be charged in each new Validity Period, at the then current non-promotional rate. If you cancel your GymCARD, it will remain active until the end of the Validity Period. In the meantime, you still have access to the Gyms.

Access to Gyms

Users who purchase GymCARD shall be entitled to access a specific group of Gyms as indicated on the Website for the duration of the Validity Period. The GymCARD enables Users to make one Gym visit (Validation) per day. 

Gyms in a category of the GymCARD to whom Users have access and who are included in the GymCARD may change at any time without notice. 

Gym Limitations

Some Gyms allow for a limited amount of weekly and/or monthly visits at the same Gym or are subject to visiting hours. If these restrictions apply, they will be specified on the Gym page of our Website.

 

  1. Terminate, Suspend or Change your subscription to GymCARD

Right to withdraw

You have the right to withdraw from your GymCARD within 14 days after your purchase without giving any reason. The withdrawal period will expire after 14 days from the day you purchased your GymCARD. Gympass will refund your full payment (if made), as long as you have not used any Gyms within those 14 days. To meet the withdrawal deadline, it is sufficient for you to send us your cancellation request online though “My account”, before the withdrawal period has expired.

 

Suspend your GymCARD subscription

Users who opted for a GymCARD subscription, can temporarily suspend their GymCARD, subscription by sending an email to support@gympass.com.

The suspension is not available during the first (free) trial month. A GymCARD subscription can be suspended for a minimum period of fifteen (15) days up to a maximum of three (3) months. If you request a suspension of your GymCARD subscription, we will automatically suspend the GymCARD subscription at the end of your current Validity Period, effective as of the next month.

If you want to reactivate or cancel your GymCARD subscription during the suspension period, please contact the customer service team.

 

Upgrade, downgrade or cancel my GymCARD subscription

To upgrade, downgrade or cancel your GymCARD subscription, simply activate this online by going to “My Plan” and “Change or Cancel my Plan”.

Already suspended or downgraded once? Then your next online downgrade or suspension will be possible after six (6) months after the end of the previous suspension or downgrade. If you want to suspend or downgrade your GymCARD subscription more often, you can contact our customer service and they will assist you.

 

Termination without Cause

You are free to cancel your GymCARD subscription at any time, by contacting us at support@Gympass.com, upon written notice or through your account. Users may request cancellation at any time after purchase of GymCARD. If a Gym Service has been Used by the User, Gympass will not provide any refund of payments for the GymCARD, unless the right to withdraw applies.

Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat data you provide to us after you have stopped using our Services.  

 

Termination by Gympass

We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of the Agreement or if your employer no longer has an agreement with Gympass. Gympass has the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement. If allowed under mandatory applicable law, you may provide evidence to the contrary.

If you have cancelled your account or modified any data on your account by mistake, contact us immediately at support@Gympass.com – we will try to help, but we can not promise that we can recover or restore anything.

 

After Termination

If you terminate your GymCARD subscription, you may use your GymCARD until the end of your then-current Validity period. However, you will not be eligible for a pro rata refund of any portion of the subscription fee paid for the then-current Validity period. Your GymCARD cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Gympass will not refund any amounts that you have already paid.

Termination of your GymCARD subscription will result in deletion of any Content associated with your account, so keep that in mind before you decide to terminate your GymCARD subscription. We will try to provide advance notice to you prior to our terminating your GymCARD subscription so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and this Agreement), but we may not do so if we determine it would be illegal.

Provisions that, by their nature, should survive termination of the Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

 

  1. Other

Warranty Disclaimer

Neither Gympass nor its licensors, suppliers or Gyms make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors, suppliers and Gym) make no representations or warranties regarding suggestions or recommendations of services or Gym Services offered or purchased through the Services. Gym Services and Services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Gympass or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific Gym Service). THE SERVICES AND CONTENT ARE PROVIDED BY GYMPASS (AND ITS LICENSORS, SUPPLIERS AND GYMS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GYMPASS (OR ITS LICENSORS, SUPPLIERS OR GYMS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) Euro 100 OR (II) THE AMOUNTS PAID BY YOU TO GYMPASS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold Gympass, its affiliates, officers, agents, employees, and Gyms harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services or Gym Services (including any actions taken by a third party using your account), and (b) your violation of this Agreement.

Assignment

You may not assign, delegate or transfer the Agreement or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Gympass’ prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations, provided that (i) you may rescind the Agreement if you object to the transfer or (ii) such transfer is due to a merger or acquisition of Gympass.

Jurisdiction, Applicable Law and Courts

The Agreement is governed by the laws of Ireland. All disputes relating to the Agreement will be submitted to the competent Irish court of the place of residence of the User.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Gympass may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Waivers must be done explicitly and in writing.

If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that the Agreement shall otherwise remain in full force and effect and enforceable.

You and Gympass agree that the Agreement is the complete and exclusive statement of the mutual understanding between you and Gympass, and that the Agreement supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter hereof.

You hereby acknowledge and agree that you are not an employee, agent, Gym, or joint venture of Gympass, and you do not have any authority of any kind to bind Gympass in any respect whatsoever.

 

Gympass Frequently Asked Questions (FAQ)

 

Thank you for using Gympass.

Below you can find some frequently asked questions (FAQ) on how to use our Services. Please read our Terms and Privacy Policy carefully, as they apply to your use of our Services. In case of any inconsistency between these FAQ and the Terms, the Terms will prevail.

A number of terms in these FAQ are written with initial capitals. Curious what they mean? Check out the definitions section in our Terms.

The Gyms that you can visit through our Services are very diverse and have their own usage terms. Please be aware that these Gym usage terms (including age requirements) apply to your use of the Gym Services and will become part of your agreement with the Gym. You must follow any terms and policies made available to you by the Gym.

What is the difference between GymCARD and Plan?

There is no difference. Officially we offer a GymCARD to our Users. However, sometimes our marketing team prefers to use the word Plan.

How does it work?

Check out chapter 6 ‘How to use our Services’ in our Terms. Here you can find out how to start using your GymCARD in four easy steps.

 

Will I receive a physical GymCARD?

No, the GymCARD is an electronic card. You can access your GymCARD though your account on our Website or Gympass App.

How can I cancel, change or suspend my subscription to GymCARD?  

You may have an agreement to monthly receive a GymCARD – valid for 1 month each time. You do not feel like working out for a while? No problem, you can suspend, cancel, upgrade and downgrade your subscription to GymCARD at any time as described in chapter 13 Terminate, Suspend or Change your subscription to GymCARD of our Terms.

To temporarily suspend your GymCARD subscription, simply activate this by sending an email to support@gympass.com.

To upgrade, downgrade or cancel your GymCARD subscription, simply activate this online by going to “My Plan” and “Change or Cancel my Plan”.

Which restrictions apply to the use of my GymCARD?

Your use of the Services is subject to the restrictions as defined in our Terms. Below you can find a few important restrictions:

Personal use: Your GymCARD is for personal use only and it is non-transferable. You cannot share your GymCARD with other people. If you want to invite your family, they can get registered in a separate account.

Gym Policies: You must follow any procedures, policies and behaviour and usage rules made available to you by the Gyms. Gyms often have their own procedures and regulations, regarding amongst others: reserving classes, use of the Gym, registration, medical certificates for physical activities, signing disclaimers, instructions regarding clothing or any requirement based on local legislation.

Check in: You are obligated to Validate (check in) at a Gym, before you enter.

Limitations of your GymCARD: In some cases, where specified on the Gym page, some GymCARDs allow for a limited amount of weekly and/or monthly visits or visiting hours. Additionally a Gym may impose specific restrictions or offer additional services. Contact the Gym to receive more information about these services or restrictions.

Misuse or fraud: Do not misuse your GymCARD or the Gym Services provided by the Gyms. For example, do not share your GymCARD with others and do not violate Gympass' or the Gym’s policies and rules. Gympass reserves the right to cancel your GymCARD if fraud or any kind of misuse is found or suspected.

Booking classes

Each gym or studio sets its own cancellation policies, and such policies may be changed by the venue at any time as per their terms of use.

Gympass respects the cancellation policies of our partner locations that are in effect at the time a class cancellation is requested (if this differs to the policy in effect at the time the booking was made).

Early cancellations: If a user cancels their booked class within the cancellation period allowed by the gym or studio, there will be no penalty for cancellation.

For example, if a studio requires more than 6 hours notice for cancellations and a class is cancelled 8 hours prior, then no penalty will be incurred for the cancellation.

Late cancellation: If a user cancels a class outside the cancellation period allowed by the gym or studio, that user will have to pay a late cancellation fee which is 80% of the no show fee amount stated upon reservation confirmation.

For example, if a studio requires 6 hours notice for cancellation and a class is cancelled 4 hours prior, the late cancellation fee will be incurred.

No show: If a user does not attend a booked class or if a user goes to the class but fails to check in properly via the Gympass app, a no show fee will be charged to the amount stated upon reservation confirmation.

Please note that some gyms or studios do not allow cancellations of booked classes. In this case the no show fee will be charged if a user does not attend the reserved class.

How can I invite my Family Members?  

Some employers offer their employees the possibility to invite their family members to purchase a GymCARD. In order to find out if this option is available to you, log into your account and go to "Add a family member”.

You can only include a family member if you have an active GymCARD. However, the moment you are no longer an employee of a company that has an agreement with us, you and your family member will both lose access to the GymCARD.

Once you added your family member, he or she will receive an email to confirm your account and to choose a GymCARD. There is no obligation for your family member to choose the same type of GymCARD.

The GymCARD of your family member can be paid directly at the time of his/her referral or upon the GymCARD confirmation.

The same TermsPrivacy Policy and FAQ apply to the GymCARD of your family members.

How can I recommend Gympass and earn credits?

Can I refer a colleague at work?

Yes, you can. All Users referred by you receive a credit for the purchase of their first GymCARD.

However, you and your colleague can only earn the credit, respectively first-time discount, if your colleague is an employee eligible to the Gympass corporate benefit in your company. Your colleague will need to create an account or log in via the referral link shared by you via e-mail or other channels.

If you are not sure whether your colleague is eligible to purchase a GymCARD, ask your HR manager.

How do I refer a colleague?

If the option to refer a colleague is available in your company, you will see this option available in your account.

Access the referral area in your account to receive your individual link. You can share this link with the colleague that might be interested in Gympass.

Every colleague that has created an account or logs in via your referral link will receive a credit that will be applied to their shopping cart. This is valid only for their first purchase. If your colleague already received a discount, the credit received via your referral link will not be added to his/her shopping cart. The credit cannot be used for the payment of following months.

Once the colleague that you referred purchases a GymCARD, you will receive a credit in your account to be used when purchasing or renewing your GymCARD subscription (it will be deducted automatically from the total GymCARD amount).

You will only receive a credit after the colleague your referred has purchased a GymCARD using your referral link. In other words, if you send a referral link to your colleague and he/she only creates an account at Gympass, but does not purchase a GymCARD, you will not receive any credits.

For credit conditions (credit amounts to be received and their limitations), see the referral area in your account.

For more information about our “Invite and Win" please see our FAQ with the relevant information.

 

My family is interested in purchasing a GymCARD. How does that work?

To refer your family members, you can use the "Add a family member” option directly in your account after you have purchased a GymCARD. Be aware that a limitation applies to the number of family member that you can add.

Check with your company to know if people outside your immediate family circle can also be referred as family members to take advantage from the unique offer.

Is there a limitation of the number colleagues that I can refer?

There is no limitation to the number of colleagues that you can refer. However, the total amount of credits you can earn is be limited in some cases. See the referral area in your account to know all the details.

I have just sent a recommendation to a colleague. And now?

When your colleague has purchased a GymCARD through the referral link, you will be notified by email and your credit will become available in your account.

I referred a colleague and he/she has purchased a GymCARD. What happens if this colleague leaves the company?

The credit will be added to your account as soon as the colleague you referred has made its first GymCARD purchase through your referral link. If your colleague made the purchase before he/she leaves the company, you will still earn the referral credit.

I have received several referrals from different people. Will they all rewarded?

No, only one person can be rewarded for a referral. This will be the person whose referral link you used to register and purchase a GymCARD.

How long is the referral credit valid?

Your referral credit is valid up to six months after it is applied to your account.

How can I use my referral credit?

You can use your referral credit on any GymCARD. If you have a GymCARD, the credit will be automatically deducted from your next monthly payment.

If your referral credit is greater than the amount of the GymCARD purchased, the remaining credit will be discounted upon your next GymCARD subscription renewal if it is still valid (see the expiration date in the answer above).

I made a referral, but I did not receive a credit. How is that possible?

Keep in mind that you will only receive a credit when 1) your colleague has purchased a GymCARD for the first time 2) the purchase is not cancelled 3) the payment has been made successfully.

If you have any questions, please contact us by email

What happens if Gympass changes the credit amount per User and the minimum amount eligible for referral credit?

The amounts to be considered as referral credit and minimum amount eligible for referral credit will be the amounts in effect at the time the referred colleague completed the purchase when he/she accumulates the minimum purchase amount for the credit deposit, instead of the amounts in effect at the time of the recommendation.**

I have other questions

Please contact us by email

 

**Gympass reserves the right to change the amounts to be deposited by referral as well as the maximum credit limits it offers.

 

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