Terms and Conditions of Use

BEFORE YOU BECOME A MEMBER OF THE SITE, CAREFULLY READ THESE TERMS AND CONDITIONS OF USE OF THE SERVICE.
BY CLICKING THE "SUBSCRIBE" BUTTON IN THE REGISTRATION PAGE, THE USER IS STATING THAT HE/SHE HAS READ AND FULLY AGREES, WITHOUT RESERVATION, TO BE SUBJECT TO THESE TERMS AND CONDITIONS OF USE AS A USER.
FURTHER, THE USER IS STATING THAT HE/SHE HAS REACHED MAJORITY OR IS EMANCIPATED AND HAS FULL LEGAL CAPACITY.
IF THE USER DOES NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, THE USER SHOULD NOT USE THE SITE.
PARENTS OR LEGAL REPRESENTATIVES OF A MINOR ARE LIABLE FOR THE ACTS PRACTICED BY THE USER UNDER THESE TERMS AND CONDITIONS OF USE, AMONGST WHICH ANY DAMAGE TO THIRD PARTIES, ANY ACTS FORBIDDEN BY LAW AND CONTRARY TO THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE, WITHOUT LIMITING THE LIABILITY OF THE USER, IF THIS IS NOT THE PARENT OR LEGAL REPRESENTATIVE OF THE INFRINGING MINOR/USER.

These Terms and Conditions of Use govern the use of a business intermediary services performed by GYMPASS – on its WEBSITE – to promote visits in PARTNER gyms. As a result of those services, USERS will be able to purchase a PASS from the PARTNERS to visit PARTNERS through the PRODUCTS offered by them. These Terms and Conditions of Use also govern any related online or electronic documentation.

IMPORTANT NOTICE:
The USER is aware that the traffic of data that gives you access to the Site is supported by a service provided by the telecommunication service selected and hired by the USER and such hiring is completely independent of GYMPASS. Moreover, the USER is aware that the charges for telecommunications services (WAP, GPRS) of choice and applicable taxes by the operator can apply on the downloaded data and any third-party ad traffic to your device.

 

1. DEFINITIONS

WEBSITE: the website, mobile applications or any other communication channels used by GYMPASS to promote and inform USERS about a PARTNER
CONTENT PRODUCER: a USER that produces content to be shown on the WEBSITE
GYMPASS: GYMPASS B.V., a company incorporated under Dutch law, with statutory seat in Amstelveen and Dutch Trade Register number: 63430975, being the intermediary
PARTNER: the (legal) person that has a partnership agreement with GYMPASS to provide sporting services to USERS through the intermediary services of GYMPASS
PRODUCTS: the sporting services offered by a PARTNER to the USER, by means of inter alia a PASS and an UNLIMITED DAY PASS PACKAGE
PASS/SPECIFIC DAY PASS: the instrument to proof that a USER may make use of sporting services provided by a PARTNER and that enables the USER to enter the sporting facility of a PARTNER
UNLIMITED DAY PASS PACKAGE: package to acquire up to 31 (thirty-one) (specific day) PASSES for a specific group of PARTNERS per month (or less if there are fewer than 31 days in a given month)
USER: persons that have purchased PRODUCTS provided by the PARTNER on the WEBSITE and that will make use of sporting services of the PARTNERS by presenting the PASS at each visit.

2. PURPOSE. PRODUCTS

2.1 GYMPASS operates the WEBSITE enabling USERS to make use of sporting services provided by the PARTNERS. GYMPASS does not supply (any kind of) sporting services in its own name to USERS. GYMPASS solely acts as an intermediary between PARTNERS and USERS. GYMPASS is not a party in the mutual contractual arrangements between a PARTNER and a USER.
PARTNERS take full responsibility and remain fully legally responsible for the (quality and safety of) the services provided to USERS. The specific conditions of the PRODUCTS are always available on the WEBSITE.
The intermediary services rendered by GYMPASS are governed by these Terms and Conditions of Use.
GYMPASS does not guarantee the veracity of the publications done by third parties that appear on its WEBSITE and is not responsible for the correspondence or contracts that the USER performs with third parties or even directly with PARTNERS.
2.2 The publication, acquisition, delivery and use of PRODUCTS take place according to the following steps:
2.2.1 Publication of PRODUCT:
The PRODUCT will be posted on the WEBSITE of GYMPASS indefinitely and will only be removed from the WEBSITE if and when the partnership agreement between GYMPASS or the PARTNER is terminated. In this situation, all PRODUCTS sold previously will still be accepted by the PARTNER during the validity period of the PRODUCT, for the time stated on the website and on the PRODUCT itself.
2.2.2 Acquisition of PRODUCT:
The USER interested in purchasing the PRODUCT may purchase this PRODUCT by manifesting this electronically exclusively on the WEBSITE made available by GYMPASS, during the period of advertisement of the PRODUCT, by paying for the PRODUCT according to the instructions on the website itself.
2.2.3 Delivery of PRODUCTS offered:
After the acquisition of the PRODUCT, GYMPASS will electronically deliver a proof of purchase which states the main conditions of use initially published on the WEBSITE. The USER is aware and hereby agrees that any PRODUCT acquired on the WEBSITE refers to a service to be made available by a PARTNER. The PARTNER will solely and entirely be responsible for the delivery, quality, quantity, condition, existence, legitimacy, integrity and regulatory compliance of the PRODUCTS and/or services offered, as well as the accuracy of the information published on the WEBSITE. The USER is aware that GYMPASS does not have possession or ownership of the PRODUCTS offered on the WEBSITE. PRODUCTS are always published on behalf of the respective PARTNER. By purchasing a PRODUCT on the WEBSITE, the USER hereby states that he/she has also read and agreed to the General Rules for Use of GYMPASS Product (https://www.gympass.com), and declares to know the specific conditions of use of the PRODUCTS, such as - but not limited to - payment, receipt and validity of these PRODUCTS.
2.2.3.1 Notwithstanding the foregoing, GYMPASS reserves the right to refund the buyers of PRODUCTS whose use will be impaired due to unforeseeable circumstances or force majeure. Such cases will be communicated via e-mail, which will be presented with two options for repayment: credits for use on the WEBSITE, or refunding of the value of the payment made for the purchase of PRODUCTS via chargeback of the entry made by credit card or by deposit in the current account of the USER. GYMPASS resolves on the most efficient way to accomplish such a transaction. If there is no approval of the USER within 7 (seven) days after the e-mail was sent by GYMPASS, it will be understood that the USER tacitly opted for conversion into credits for use on the WEBSITE.
2.2.3.2 Note also that each PASS is linked to an account with e-mail and password registered by GYMPASS. All purchases of PRODUCTS that are made by a given GYMPASS account are personal and not transferable. A USER may not make a purchase on his/her account and then give his/her PASS for another USER to enjoy the benefit, no matter who the other person is (for example, a partner or a personal trainer cannot use the purchase previously done by the USER). The breach of this clause constitutes fraud and gives GYMPASS reason to require indemnification of the USER, allowing GYMPASS to take any legal measures and also perform any actions on the purchase made by the USER and/or towards the USER of the WEBSITE, without burdening GYMPASS with any compensation.
2.2.4 Use of offered PRODUCTS:
The USER acknowledges that, to enjoy the contracted PRODUCTS with PARTNERS, he/she must present the (number of the) PASS to the reception desk of the respective PARTNER. The presentation of the (number of the) PASS should take place at each and every visit of the USER to a PARTNER.
2.2.4.1 USERS must observe the relevant legislation of the use of the PRODUCTS of the PARTNERS in all its aspects, also in the case of physician certificates, and consult local, state and federal laws regarding the mandatory submission to physical activity in gyms of PARTNERS. It is for the PARTNER to provide this and any other documentation for the provision of their services.
2.2.4.2 The USER can perform a maximum of one validation per PARTNER per day.
2.2.5 Complaints, requests and disputes:
GYMPASS will handle the administration regarding consumer contacts, complaints, cancellations requests and chargeback requests. In case of a dispute between the USER and a PARTNER regarding the PRODUCTS acquired on the WEBSITE, GYMPASS will mediate the dispute between the USER and the PARTNER and help reach an agreeable resolution.
For consumer contacts, complaints, cancellations requests, chargeback requests and disputes, please consult: klantenservice@gympass.com or +31 (0)20 2622152 (Monday - Friday, 9 AM – 5 PM, excluding bank holidays).

3. ABILITY TO REGISTER ON THE WEBSITE

3.1 The services of GYMPASS are available only to people who have legal capacity to contract them. People who do not have this capacity cannot use them, including minors or people who have been temporary or permanently unqualified by GYMPASS, for any reason.
3.2 It is also not allowed for a person to have more than one account in the portal of GYMPASS. If GYMPASS detects duplicate accounts through its data verification system, all accounts will be disabled.
3.3 Legal persons may subscribe by its legal representatives. A separate contract will be agreed upon.

4. REGISTRATION

4.1 The registration of a person will only be confirmed after all registration fields are satisfactorily completed. The (future) USER must complete it with exact, accurate and truthful information, and must update his/her personal data whenever anything changes.
4.2 GYMPASS is not responsible for the correctness of entered personal data by its USERS. The USER guarantees and is responsible, in any case, for the truthfulness, accuracy and authenticity of the registered personal data.
4.3 GYMPASS reserves the right to use all means possible to validate the identification of the USER, and to request any additional data and documents GYMPASS deems to be relevant in order to verify the personal information provided.
In the context of the services provided by GYMPASS or for purposes of fulfilling any statutory obligations resting with GYMPASS, GYMPASS may process personal data pertaining to the USER. GYMPASS may process personal data for purposes of optimizing its provision of services to the USEER and in order to be able to approach the USER with information and services offered by GYMPASS and the PARTNERS. GYMPASS will process personal data in the context of the services provided in accordance with the applicable legislation and regulations in the field of personal data protection.
4.4 If GYMPASS decides to check the accuracy of registration data of a USER and incorrect or untrue information is found, or if the USER does not reply or refuses to send the required documents, GYMPASS may temporarily suspend or definitely disable the USER, without prejudice to any other measures deemed necessary and appropriate.
4.5 The USER will access his/her account via email and password or personal Facebook account and will undertake not to report these data to third parties, being wholly and exclusively responsible for the use that is made of the account.
4.6 In case of the application of any of the consequences referred to under item 4.4, all purchases of PRODUCTS made by the USER on the WEBSITE will be automatically canceled, not giving the USER, for this reason, any sort of compensation or reimbursement.
4.7 The USER agrees to immediately notify GYMPASS, through secure means, regarding any unauthorized use of his/her account, as well as unauthorized access by third parties to the account. The USER will solely be responsible for the transactions made on his/her account, since access to it is possible only by providing a login and password or by his/her personal Facebook account, which is solely known to the USER.
4.8 In no event shall any transfer, sale, rent or any other type of transfer of USER accounts be allowed. The maintenance of more than one record for the same person, or even the creation of new registrations by people whose original entries have been canceled, are violations of GYMPASS policies.

5. PAYMENT

5.1 GYMPASS provides the online platform on the WEBSITE to establish transactions between the USER and the PARTNER. Payments by a USER will be received by GYMPASS on behalf of and for the account of the PARTNER. After the use of a PASS, GYMPASS will receive part of that payment for the sporting services provided, and will transfer the remaining part to the PARTNER, as agreed in the partnership agreement between GYMPASS and the PARTNER.
5.2 The acquisition of the PRODUCTS by the USER will be effected by the company responsible for payment management and processing.
5.3 GYMPASS cannot guarantee in any way that the services provided by the company responsible for managing these payments work free of errors, interruptions, malfunctions, delays or other imperfections.
5.4 GYMPASS is not responsible for the availability or otherwise of the services provided by the company responsible for the management of payments or for the inability to use the payment service.

6. OBLIGATIONS OF USERS

6.1 USERS interested in PRODUCTS available on the WEBSITE must perform the purchase and payment during the period in which PRODUCTS are available on the WEBSITE, i.e. the period of the partnership between GYMPASS and the PARTNER.
6.2 By purchasing the PRODUCT on the WEBSITE, the USER declares that he/she is aware of the conditions to receive and/or use the PRODUCT and/or services published on the WEBSITE.
6.3 Since the services provided by GYMPASS consist only of intermediary services, GYMPASS is not responsible for tax liabilities that apply on the activities and transactions of the USERS of the WEBSITE, as well as the goods or services provided by its PARTNERS. As established by the relevant legislation, the USER should request the invoice from the PARTNER, and this invoice must comprise the total amount paid by the USER to access the PARTNER.

7. RIGHT TO REGRET AND CANCELLATION POLICY

7.1 Once the USER acquires a PRODUCT on the WEBSITE, a USER may only cancel it in the situation specified below and provided that the USER has not redeemed/used/validated his/her PASS with a PARTNER, the effective supplier of the PRODUCTS purchased:
7.1.1 Within 7 (seven) days of delivery of the PRODUCT onto the USER's personal account maintained on the WEBSITE, the USER may request cancellation of the purchase. The refund can occur via the payment method of chargeback payment in the same payment method used to purchase the PRODUCT, or the corresponding amount can be transferred to the personal account of the USER maintained on the WEBSITE. This amount may be used by the USER to acquire any other PRODUCT.
Once the USER has chosen the transfer to the personal account of the USER maintained on the WEBSITE, the USER must be aware that such claims cannot be converted into money, and the validity of such claims, as well as any other credits deposited in the account of the USER with GYMPASS by any means of payment, will be of a maximum of six (6) months.
7.2 If the PRODUCT has been redeemed/used/validated by the USER with the PARTNER, supplier of the goods or services purchased, in whole or in part, GYMPASS will not effect the cancellation nor the refunding of any payments during the period of the PRODUCT, whatever the reason for the cancellation request is.
7.3 The USER is aware that certain PRODUCTS may only be used for a specified period or on specific days. The use of the PRODUCT in violation of time and/or date as well as in violation of any other terms and conditions does not entail a return or exchange.

8. SPECIFIC TERMS AND CONDITIONS FOR THE UNLIMITED DAY PASS PACKAGE

8.1 Notwithstanding the aforementioned provisions with respect to inter alia GYMPASS and PRODUCTS, USERS can also acquire UNLIMITED DAY PASS PACKAGES.
Through the UNLIMITED DAY PASS PACKAGE, the USER can use the WEBSITE to freely acquire up to 31 (thirty-one) day passes for a specific group of PARTNERS per month (or less if there are fewer than 31 days in a given month). The USER who purchases this product can perform at most one visit per day and, after the end of each month, unused visits expire. To access this product, a USER must make a monthly payment to GYMPASS ("UNLIMITED DAY PASS PACKAGE PRICE").
8.2 To determine which PARTNERS are included in the UNLIMITED DAY PASS PACKAGE PRICE, the price of the UNLIMITED DAY PASS PACKAGE of each PARTNER must be evaluated. PARTNERS included in the packages of the USERS already have UNLIMITED DAY PASS PACKAGES, with a price per month lower or equal to the amount as contracted by the USER.
8.3 PARTNERS included in the UNLIMITED DAY PASS PACKAGE may change without notice. The change can happen by means of the termination of the contract between GYMPASS and PARTNERS, by means of changing the prices of the UNLIMITED DAY PASS PACKAGE of the PARTNERS, and for any other reasons.
8.3.1 If the monthly price of an UNLIMITED DAY PASS PACKAGE of a PARTNER increases and if the USER has already made at least one visit to this PARTNER in the past, the USER will still have access to the PARTNER for a period of six (6) months after the last visit of that USER to the PARTNER, before the price changes of the monthly fee took place.
8.3.2 In the event of termination of the partnership between GYMPASS and the determined PARTNER and if the USER made at least one visit to the PARTNER, he/she can, until the expiration of the original term (six (6) months) of his UNLIMITED DAY PASS PACKAGE, still visit the PARTNER or request the cancellation of the UNLIMITED DAY PASS PACKAGE in accordance with item 8.3.3. If, at the end of this period of six months, the USER automatically renews his UNLIMITED DAY PASS PACKAGE, he cannot attend the PARTNER whose partnership with GYMPASS was terminated.
8.3.3 The USER requesting the cancellation of the UNLIMITED DAY PASS PACKAGE will be exempt from paying the fine in item 8.9.1 if partnership between GYMPASS and the PARTNER the USER was attending is terminated.
8.3.4 The USER may use the previously bought UNLIMITED DAY PASS PACKAGE in any gym within the UNLIMITED DAY PASS PACKAGE price range, until the end of the UNLIMITED DAY PASS PACKAGE validity. In the event of bankruptcy or closure (end of business) of the PARTNER whose partnership with GYMPASS was terminated, or in case this PARTNER, after the termination of the PARTNER, does not accept the UNLIMITED DAY PASS PACKAGE of the USER, the USER may request the cancellation of the UNLIMITED DAY PASS PACKAGE and will be proportionately refunded without any penalty for the early termination.
8.4 In case of fraud or misuse of the benefits of GYMPASS, the UNLIMITED DAY PASS PACKAGE and the USER may be blocked. The USER will be notified of the reasons.
8.5 Adherence to the UNLIMITED DAY PASS PACKAGE, as well as any other PRODUCTS available on the WEBSITE, is to be done on the WEBSITE. It is not possible to purchase any PRODUCTS directly at the gym.
8.6 The UNLIMITED DAY PASS PACKAGE does not include vacation or usage locking.
8.7 All packages will be charged monthly by debiting the USER's account or credit card or by means of any payment available on the WEBSITE, and will have a validity of at least six (6) months, to ensure that GYMPASS is able to guarantee the offered price. After this period, the PRODUCT will be automatically renewed for subsequent monthly periods.
8.8 All payments shall be made online on the WEBSITE. It is not possible to make any payment directly at the gym.
8.9 The request to cancel the UNLIMITED DAY PASS PACKAGE can be made by the USER through the GYMPASS call center, or through the chat within the USER portal on the website of GYMPASS, or by e-mail available on the contact page of GYMPASS. The USER will no longer have access to the PARTNERS as of the last day of the month in which the cancellation request was done.
8.9.1 In the event that the request for cancellation of the UNLIMITED DAY PASS PACKAGE occurs within the minimum period of the package of six months, the USER will be charged by GYMPASS a fine of 40% (forty percent) of the value of outstanding fees up to the limit of the initial six months. Cancellation of the UNLIMITED DAY PASS PACKAGE after the minimum period of six (6) months is exempt from payment of this fine.
8.10 The UNLIMITED DAY PASS PACKAGE is only valid for the PARTNERS who have this available on their web pages on the WEBSITE of GYMPASS.
8.11 Generally, PARTNERS with Pilates studios and Personal Trainer classes are not included in the UNLIMITED DAY PASS PACKAGES. If for any reason a PARTNER is unlawful offering these types of PRODUCTS, please report directly to GYMPASS.
8.12 There are PARTNERS offering the service of Personal Trainer to assist USERS in their exercises. Check directly with the PARTNER the policy of charging for the use of internal and external Personal Trainer services.
8.13 The USER is obliged to follow the rules of usage and behavior of each PARTNER. The USER has to inquire directly with the PARTNER what is or is not allowed at the establishment of the PARTNER.
8.14 You may also use gyms outside your "COUNTRY OF ORIGIN" (country of purchase of the UNLIMITED DAY PASS PACKAGE) in any country where GYMPASS has PARTNERS ("DESTINATION COUNTRY"). If the COUNTRY OF ORIGIN and the DESTINATION COUNTRY use the same currency, the value of the UNLIMITED DAY PASS PACKAGE will be considered the same value of the UNLIMITED DAY PASS PACKAGE in the COUNTRY OF ORIGIN. If the DESTINATION COUNTRY uses a different currency than the COUNTRY OF ORIGIN, the value of the UNLIMITED DAY PASS PACKAGE will be the value converted to the currency in the COUNTRY DESTINATION by the exchange rate, multiplied by 0.9 (reduction factor) due to the risk of currency exchange. The value of the equivalent UNLIMITED DAY PASS PACKAGE is available on the gym filters on the GYMPASS site, and can be changed at any time, for example after abrupt changes in exchange rates between currencies.

9. CONTENT PROVIDED BY THE USER

9.1 The USERS can produce content (inter alia pictures, ratings, reviews) to be shown on the WEBSITE.
9.2 By using the site, USERS are aware that the WEBSITE is hosted in Europe, as well as all exchange of information is sent directly to Europe. Thus the CONTENT PRODUCER acknowledges and agrees that the rules and laws that govern the use of information produced by a CONTENT PRODUCER on the WEBSITE follow the regulations of the applicable (European) laws.
9.3 When the CONTENT PRODUCER submits any content to the WEBSITE, he/she agrees that the content is subject to these Terms and Conditions of Use during the time that the content is used or attempted to be used.
9.4 If at any time the CONTENT PRODUCER does not agree to these Terms and Conditions of Use, including, without limitation, the time when GYMPASS makes changes, he/she must not use, not attempt to use, and immediately cease to use the "User Content Submission Devices". The use already establishes a legal relationship to the Terms and Conditions of Use, by setting the acceptance of the Terms and Conditions of Use herein, including, but not limited to, any change that eventually can be made.
9.5 Every time the CONTENT PRODUCER performs an upload or submits content on the WEBSITE (or even if he/she tries to do so), the CONTENT PRODUCER will be confirming acceptance of these Terms and Conditions of Use, which therefore shall be legally binding.
9.6 When the USER submits content, the CONTENT PRODUCER may also be asked to provide certain information about the content, which may include, but is not limited to, a descriptive title, information about the content, length of time and its location and/or similar information.
9.7 By sending content, the CONTENT PRODUCER also agrees and accepts that the term "content" refers to and includes - but is not limited to - all information that the PARTNER emails to GYMPASS, or all information that may be related to the information the CONTENT PRODUCER sent.
9.8 The CONTENT PRODUCER should always keep a copy of the produced content, even after this content is submitted on the WEBSITE. GYMPASS is not responsible for lost, damaged, disappeared, unusable or unreadable content.
9.9 Proof that the CONTENT PRODUCER accepted the content does not mean or is not a proof that GYMPASS received any content.
9.10 The CONTENT PRODUCER is solely responsible and accountable for the communication and content (and the consequences thereof) sent in his/her name, username, e-mail address, password and registration or profile information, if there is any.
9.11 Content does not reflect the opinion of GYMPASS, which at no time represents or guarantees the truthfulness, accuracy or reliability of any content, or endorses or supports any opinions expressed in any content. GYMPASS is not liable for any content.
9.12 If GYMPASS determines, in its sole discretion, that any content submitted by a CONTENT PRODUCER violates these Terms and Conditions of Use, GYMPASS reserves the right, at any time, without prior notice or any limitation of all other rights protected by these Terms and Conditions of Use, according to the law or justice to:
(a) refuse permission to send the content again;
(b) remove and delete the content;
(c) revoke his/her registration and right to use the User Content Submission Devices, and
(d) use any technological, legal, operational or other means available, to enforce the terms of these Terms and Conditions of Use, including, without limitation, blocking specific IP addresses or deactivating the record, email address, username and password.
9.13 GYMPASS does not ensure that its User Content Submitting Devices or any content are not used for any unlawful purpose, or that any video, software or content accessed, used or imported from outside Europe by its User Content Submitting Devices, is not illegal for certain people or countries.
9.14 When submitting content, the CONTENT PRODUCER is acting at his/her own risk. The CONTENT PRODUCER is responsible for compliance with the laws of his/her country.
9.15 The CONTENT PRODUCER agrees not to send or attempt to send any "Unauthorized Content", as GYMPASS has the right to reject, refuse to accept, remove or do all and anything that GYMPASS deems necessary for any "Unauthorized Content", i.e. any content that violates these Terms and Conditions of Use.
9.16 By sending all content through the User Content Submitting Devices, the CONTENT PRODUCER warrants GYMPASS his/her license, authorization and full and unlimited permission, worldwide, irrevocable and free, in any form or format, through any media or medium, whatever the technology or device now known or hereafter developed or discovered, in whole or in part, to store, memorize, maintain, use, distribute, display, exhibit, perform, publish, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of the content on the WEBSITE, for any purpose (including, but not limited to any promotional purposes) without accounting, communication, credit or other obligation in relation to the CONTENT PRODUCER, as well as the right to give a license, sub-license and to authorize others to exercise any rights under these Terms and Conditions of Use.
9.17 GYMPASS owns all rights, title and interest in and to the devices of the content, including, but not limited to, all associated intellectual property and existing property rights throughout the world, so that the CONTENT PRODUCER does not acquire any ownership, possession or any other right, title or interest in relation to devices of the content.
9.18 The CONTENT PRODUCER declares that he/she will be the only person responsible for the Content delivered to GYMPASS, stating that he/she:
(i) has all necessary licenses, authorizations, rights to use all intellectual property and any third party, including patents, trademarks, copyrights, trade secrets, or any other right;
(ii) has consent from any person who appears in the content delivered to the use of his/her image, voice, name, privacy and other personality rights;
(iii) registered this content (if audiovisual) in the appropriate agencies (if applicable);
(iv) included all necessary credits for the preservation of the moral rights of copyright holders.
9.19 GYMPASS may terminate the relationship with the CONTENT PRODUCER and terminate his right to use the User Content Submission Devices at any time, without notice.


10. SANCTIONS

10.1 Without prejudice to other measures, GYMPASS may warn, suspend or discontinue, temporarily or permanently, a USER's account at any time, and initiate appropriate legal action if:
a) the USER fails to comply with any provision of these Terms and Conditions of Use;
b) the USER fails to comply with his/her duties as a USER;
c) the USER engages in deceptive or malicious acts;
d) the identity of the USER cannot be verified or any information provided by him/her is incorrect;
e) GYMPASS presumes that advertisements or the attitude of the USER harm third parties or GYMPASS, or have the potential to do so.
In case of disqualification of the account of the USER, all purchases of PRODUCTS active will be automatically canceled. GYMPASS reserves the right at any time and in its sole discretion, require the submission of personal documentation, this with the limitations as referred to in article 4.3.

11. RESPONSIBILITIES GYMPASS

11.1 As an intermediary, GYMPASS is not the owner of the PRODUCTS and does not keep possession of the PRODUCTS. GYMPASS does not intervene in the supply and/or use of the PRODUCTS whose acquisition occurs on the WEBSITE.
11.2 The responsibility for the PRODUCT, for the time of delivery and/or use, the existence, amount, quality, condition, integrity, legitimacy or compliance with regulations of the PRODUCTS that PARTNERS offered through GYMPASS and are purchased by USERS, always accrues to the PARTNERS. GYMPASS is also not responsible for the (lack of) capacity of the USER or the accuracy of the personal data the USERS entered in their records, nor does GYMPASS warrant for hidden or visible defects in the negotiations between the PARTNERS and the USERS.
11.3 GYMPASS will not be responsible for fulfilling the obligations assumed by effective USERS. The USER acknowledges and agrees that he/she performs the purchase of PRODUCTS of PARTNERS at his/her own risk. In no event shall GYMPASS be liable for lost profits or any other damage and/or injury that USERS may suffer due to the acquisitions made on the WEBSITE.
11.4 GYMPASS is not responsible for loss, theft, damage or loss of the PASS to identify the purchase made on the WEBSITE. The check-in or the daily token will be the proof of the acquisition of the PRODUCT to the USER. Maintaining the security of the PASS, and its disclosure to third parties, is the sole responsibility of the USER. Check-in must be done immediately, before the USER enters the gym, on https://www.gympass.com/checkin after login. Alternatively, the daily token shall be issued daily on the day that the USER wants to use his/her PASS, in https://www.gympass.com.
11.5 GYMPASS recommends that every transaction is performed with caution and common sense. The USER must consider the risks of acquiring PRODUCTS.
11.6 Considering that it is impossible to have full and uninterrupted operation of any telecommunication system or computer for 365 days a year, 24 hours a day, due to telecommunications' fragility and complexity (since this service relies on telecommunications services provided by third parties), GYMPASS does not guarantee in any way that the service will be uninterrupted and/or in an error-free manner.

12. INTELLECTUAL PROPERTY

12.1 The commercial use of the expression/name "GYMPASS" as a trademark, trade name or domain name, as well as the contents of the screens during services of GYMPASS, as well as programs, databases, networks and files, which allow the USER to access and use his/her account, are the property of GYMPASS and are protected by laws and international copyright treaties, trademarks, patents, and industrial designs. The misuse and total or partial reproduction of these contents are prohibited, unless with the express permission of GYMPASS.
12.2 The WEBSITE can link to other sites in the network, which does not mean that these sites are owned or operated by GYMPASS. Having no control over these sites, GYMPASS will not be liable for the content, practices and services offered therein. The presence of links to other sites does not imply endorsement, supervision, complicity or solidarity by GYMPASS to these sites and their contents, even if these sites are PARTNERS of GYMPASS.

13. PRIVACY INFORMATION

13.1 GYMPASS takes all possible measures to maintain the confidentiality and security of personal data of its USERS, but it is not responsible for damage that may be derived from the violation of these measures by third parties using public networks or the internet, by subverting security systems to access USERS information.
13.2 The USER agrees that information relating to the use that may be made of the PARTNERS, whether referring to visited PARTNERS or what days and times these PARTNERS were used, belong to GYMPASS and it is up to GYMPASS to use this information, so no secrecy or confidentiality applies to this information.
13.3 In case of doubts about the protection of personal data, or for more information about personal data and the cases in which confidentiality in this clause may be broken, please consult: support@gympass.com.

14. INDEMNITY

14.1 The USER shall indemnify GYMPASS, its affiliates, subsidiaries or parent companies, officers, directors, employees, representatives and employees for any claims, actions or proceedings made against GYMPASS as a result of the USER’s breach of the Terms of Conditions of Use or violation of any law or rights of third parties, as well as all costs and expenses properly incurred by GYMPASS, including attorneys' fees, in connection with such breach or violation.

15. INFRINGEMENT ON SYSTEM OR DATABASE. INTERNET PROBLEMS

15.1 The use of any device, software, or other feature that may interfere with the activities and operations of GYMPASS as well as the information of the PRODUCT, descriptions, or accounts on GYMPASS' databases is not allowed. Any attempted intrusion, or activity that violates or contravenes the laws on intellectual and/or ownership or the terms set in these Terms and Conditions of Use, makes this person responsible for the legal actions with respect to these activities, as well as the penalties provided herein, such as compensation for the damage caused.
15.2 GYMPASS is not responsible for any damage, injury or loss caused by system, server or internet problems. GYMPASS is not liable for any virus that may attack the USER's equipment as a result of accessing, using or browsing the internet site; or as a result of the transfer of data, files, images, text or audio either. USERS may not assign any responsibility to GYMPASS nor demand payment for loss of profit due to losses resulting from technical difficulties or failures in systems or on the internet. Eventually, the system may not be available for technical reasons or failure of the internet or any other fortuitous event or force majeure oblivious to GYMPASS’ control.

16. MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE

16.1 GYMPASS may amend these Terms and Conditions of Use at any time, seeking its improvement and the improvement of its services. The new Terms and Conditions will take effect from its publication on the WEBSITE. GYMPASS shall notify the USERS of the amendments within 24 (twenty-four) hours from the publication on the WEBSITE. Within five (5) working days after this notification, the USER must communicate by e-mail if he/she does not agree with the amended Terms and Conditions of Use. In that case, the contractual relationship will cease to exist, provided there are no outstanding debts or accounts in the name of USER. If no manifestation within the stipulated time is done by the USER, it will be understood that the USER tacitly accepted the new Terms and Conditions of Use and the contract binding the parties continues.
16.2 The amendments will not remain in force in relation to the PRODUCTS and purchases that were already completed at the time when such amendments are published. In that case, the previous wording of the Terms and Conditions of Use will be applicable.

17 CHOICE OF LAW, DISPUTES

17.1 All contracts between the USER and GYMPASS shall be exclusively governed by Dutch law.
17.2 Disputes shall be submitted to the competent court in the place in which the registered office of GYMPASS is situated.

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