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eGym Privacy Policy

Terms

    Terms for eGym users

    Issue: November 2017

    Contents

    I. General

    1. Scope

    1.1 These terms and conditions (“Terms“) apply to the use by individuals (referred to below as the “User” or “you”) of the training optimisation and management equipment operated via various interfaces (e.g. eGym fitness equipment, the eGym website or eGym apps) by eGym GmbH (referred to below as “eGym” or “we”, “us” or “our“). We are a limited company registered in Germany. Our registered company number is DE8170879400, and our registered office is at Prannerstrasse 2-4, 80333 Munich, Germany. Our VAT registration number is DE275313632

    1.2 These Terms and the Privacy and Cookies Policy (https://www.egym.co.uk/datenschutz) are the only terms which apply to our supply and your use of our equipment. Terms and conditions which deviate from these will not be accepted.

    1.3 By downloading, accessing and or using any eGym website, application or equipment, you confirm that you accept and agree to be bound by these Terms and acknowledge that they form a legally binding contract between us and you. If you do not agree to these Terms you are not permitted to access or use our website, application or equipment and you should not proceed further.

    1.4 We may change the features contained on our website, app or equipment from time to time. We do not guarantee that any particular content or functionality will be made available through our platforms.

    2. Scope of services

    2.1 eGym enables the User to use the eGym services on the eGym website and apps directly in accordance with these terms and to use the eGym weight machines covered by the contract in the fitness facility agreed at the time of concluding the contract with eGym. eGym may also allow the User to use the eGym services in other fitness facilities, but it is not obliged to do so.

    2.2 If the User makes use of free-of-charge services eGym may amend, extend or limit the scope of the services at its discretion.

    2.3 eGym does not undertake to back up data for the User during the term of the subscription or to store or archive training or other data after the end of the subscription. The User is responsible for backing up their data.

    2.4 eGym guarantees a 99.0% availability of the online services calculated over the calendar year. This does not include interruptions in the eGym online services due to necessary maintenance work, cases of force majeure, technical disruptions to the Internet or other reasons for which eGym is not responsible.

    2.5 In order to be able to use the range of online services to its full extent, the User must use the most up to date browser technologies and operating systems available in each case, or enable their use on their computer or mobile device (e.g. activation of Java Script, Cookies). When using older technologies or ones which are not in general use the User may not be able to use the services from eGym or only be able to use them to a limited extent. You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any app may charge for internet access on that device.

    3. eGym User Account and Membership

    3.1 In order to log in, the User will need a valid e-mail address as well as a password which they select for their registration for use of the eGym apps and website or a personalised RFID chip provided by the fitness facility for use of the eGym services at a fitness facility. Registration will be completed with the approval of the user profile by eGym. The contractual relationship is between the User and eGym and is non-transferrable.

    3.2 When the User registers, they undertake to provide accurate and complete information and to keep this up to date throughout the running time of the contract.

    3.3 The User must have their usual place of residence in the United Kingdom. The User must have legal capacity or act with the consent of their legal representative. They must be at least twelve years of age.

    3.4 Also, in so far as the User uses the services agreed on the basis of these Terms in a fitness facility of a third party (e.g. fitness studio), the User instructs eGym to collect, store, process, transmit and use personal data in accordance with our Privacy Policy to the extent necessary for the provision of these services. This covers the fulfilment of eGym’s own business purposes and includes the acquisition by eGym of the data required for the provision of the agreed services from the operator of the User’s fitness facility. You can find information on the secure handling of your data in the eGym Privacy and Cookies Policy (https://www.egym.co.uk/datenschutz) and in the information provided by the operator of your fitness facility.

    3.5 The free-of-charge eGym membership can be terminated by either party at any time in writing (e.g. by letter or e-mail) and is not subject to a notice period. The User may also delete their eGym account by means of the settings on the eGym website.

    4. Liability

    4.1 Nothing in these terms shall limit or exclude eGym's liability to the User:

    • for death or personal injury caused by our negligence;
    • for fraudulent misrepresentation;
    • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
    • for any other liability that, by law, may not be limited or excluded.

    4.2 Subject to this, if the User is not a Personal Trainer user, in no event shall eGym be liable to the User for any business losses, and if the User is a Personal Trainer user, in no event shall eGym be liable to the Personal Trainer user for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability eGym does have for losses the Personal Trainer user suffers arising from any contract shall not, in respect of any 12-month period (calculated from the date of that contract), exceed the charges payable by you for the relevant service(s) in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by the Personal Trainer user and eGym at the time the Personal Trainer User's order is accepted by eGym.

    4.3 eGym will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside its reasonable control.

    4.4 Should the User be looked after by a personal trainer with the aid of the eGym Trainer App, i.e. if they are provided with training plans and instructions from the Personal Trainer, eGym accepts no liability for damage arising from compliance with such plans and instructions.

    5. User's Obligations/ Prohibited Conduct

    5.1 The User undertakes only to use the range of services from eGym in a way and for purposes which are not in contravention of these Terms or applicable law and do not infringe third-party rights. eGym may, with or without prior notice, terminate any contract or suspend and/or terminate any service and/or the User's use of their account in the event that they have breached any of these terms or fails to pay any correctly billed charges when due. A warning may be issued prior to such a termination in individual cases. Any User claims, for example for compensation, remain unaffected.

    5.2 The following types of conduct are prohibited:

    5.2.1 the publication of any content which is unlawful, offensive, defamatory improper or illicit, especially in the form of comments;

    5.2.2 harassment of other users;

    5.2.3 the publication of content which infringes the intellectual property rights or privacy rights of a third party (e.g. profile photos which infringe the copyright or personal rights of third parties or legal provisions) or the publication or dissemination of training or other data without the consent of those included and concerned;

    5.2.4 entries under a false identity, with false information;

    5.2.5 supplying access codes or passwords or even the use of other people’s access codes or passwords, in particular in order to procure unauthorised fee-based services for oneself or third parties;

    5.2.6 any commercial use of the eGym range of services not expressly authorised by eGym, in particular making it available in return for a fee or using it for purposes of advertising one’s own or third-party services; excluded from this prohibition is an activity as a Personal Trainer activated by eGym on the basis of an express authorisation by eGym, which may be withdrawn at any time;

    5.2.7 interference with the way the range of services offered by eGym function (e.g. manipulation, introduction of computer viruses, circumventing technical restrictions and security);

    5.2.8 copying, reverse engineering, “ripping” or mimicking the range of services in full or in part, investigating or analysing its technical functioning (including disassembling).

    5.3 You acknowledge and agree that we do not monitor or moderate any content of Users and that we shall not be liable for or in relation to such content (including inappropriate, false or misleading posted by you or other Users). We reserve the right however in our sole discretion, to delete, edit or modify any content you post.

    5.4 The User has the right to termination if training on eGym weight machines at a fitness facility agreed between them and eGym is no longer possible, for example if a fitness facility should remove or materially change its training equipment.

    6. Data protection

    Use of your personal information submitted to or via the eGym website, apps or services is governed by our Privacy and Cookies Policy.

    7. Intellectual property rights, external links and availability

    7.1 All intellectual property rights in the website, app and equipment (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any app, accessing the website or using the equipment.

    7.2 Applications and the website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

    7.3 You may not post a link on the app, website to a third party website that contains material that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, or which infringes the intellectual property rights or other rights of any third party; or which contains any viruses and/or other code that has contaminating or destructive elements, and you indemnify us against any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to such external links.

    7.4 We cannot and do not guarantee that any application or website or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any application or website and its content.

    8. Cancellation Policy

    If you are a consumer (and not a Personal Trainer User) you have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days after the date we send you the order confirmation.

    To exercise your cancellation right you should inform us preferably in writing (by post, a fax or an e-mail) of your decision to cancel this contract. You may contact us at eGym GmbH, Prannerstrasse 2-4, 80333 Munich, Germany, e-mail: widerruf@egym.co.uk.

    You may also use the pre-printed cancellation form provided for this (see below), although this is not essential.

    You must send the notification exercising your cancellation right prior to expiry of the cancellation period.

    If you cancel this contract we will return to you all payments we have received from you (if applicable) immediately and within fourteen days from the day on which the notification regarding your cancellation of this contract has been received by us. We will use the same payment method for this repayment that you have used for the original transaction unless otherwise agreed with you. You will never be charged a fee for this repayment.

    eGym may make a suitable deduction to the refund amount equal to the proportion of services already provided in that subscription period up to the point in time when you inform eGym of the exercising of the cancellation right in connection with this contract, compared to the total scope of the services envisaged in the contract.

    II. Special provisions for individual services and offers

    1. eGym website and Fitness App

    1.1 eGym can enable the User to allow their profile to be accessed and commented on by other users (including related data such as training results). In particular the User can release the data in their profile for to a user with Personal Trainer status if they are getting support from this person with their training. eGym is not party to any direct legal relationship between such users and accepts no obligations and responsibility in this respect. The legal relationships between Users, in particular with a personal trainer, is a matter for the users concerned only. Notwithstanding this fact all users are bound to meet their obligations with respect to eGym according to these General Terms and Conditions.

    1.2 If the User has specifically activated this in their profile settings, the User may compare their data with friends and other users of their fitness studio as part of the social features of eGym in order to motivate themselves.

    1.3 The following information will for example be downloadable or madevisible to all users of a studio as part of the “ranking list” upon activation by the User:

    1.3.1 User name or eGym alias (if no user name has been entered, the eGym alias will consist of the so-called local part of the e-mail address, i.e. the part before the @ symbol):
    1.3.2 profile picture;
    1.3.3 eGym points;
    1.3.4 name of the fitness facility; and
    1.3.5 whether the User is a trainer and/or an eGym premium user.

    This information will be available for searches using public search engines. The User can manually switch this function on or off at any time in their account on the eGym website. The User can create their own fitness team in that they send friendship requests to Users who have also activated the social features or in that they accept friendship requests from other users.

    1.4 eGym may also allow the User to publish information on their profile (for example training results) or to share the results on social media (e.g. Facebook, Twitter etc.) with third parties by generating a connection between their profile at eGym and their social media account. The User accepts sole responsibility for this transfer of their data, which is performed at the User's risk eGym does not accept any responsibility for the third parties participating (e.g. Facebook) and their handling of the User’s data.

    1.5 A Smartphone with an iOS or Android operating system is required for using the eGym Fitness App. The respective terms and conditions of Apple Inc. and Google Inc. apply for downloading the eGym Fitness App and the use of the Smartphone. We recommend that you always install the latest version of the App and download regular updates for the correct and stable use of the App.

    2. eGym Premium

    2.1 eGym offers both free and fee-based services to the User. With free membership, registered users have the facility of signing up to fee-based premium subscriptions (e.g. for additional training modules).

    2.2 Fitness facilities with eGym weight machines offer their studio members the option of choosing between the modules Premium for all and Premium select. If the User is a member of a fitness facility with Premium for all they will also be entitled to eGym premium membership without paying an additional fee. In all other cases, including for Premium select, the eGym premium membership can be acquired by the User from the fitness facility at a cost in accordance with these terms

    2.3 With the conclusion of a fee-based premium subscription the registered User enters into a further contractual relationship with eGym in each case, in addition to free membership.

    2.4 The User will be informed of the content of the respective service, of prices and payment conditions prior to ordering a chargeable premium subscription. The contract does not come into effect until it has been accepted by eGym (e.g. this may also take the form of the provision of the service ordered by eGym). The User’s entitlement in the context of a premium subscription is personal and non-transferable.

    2.5 The User must examine the recommendations and suggestions that form part of a premium subscription (for example additional training plans) at their own responsibility with regard to whether they may constitute a particular risk to their general health (e.g. pre-existing muscular-skeletal conditions or cardiovascular risks, acute colds or other illnesses) and must refrain from using the equipment or follow training suggestions if they can see that this is associated with a risk to their health. The User is responsible for obtaining prior medical advice or prior advice from a trainer or other supervisory staff at the fitness facility, as such advice for the User is not included as part of the eGym service.

    2.6 The agreed fees are understood to include VAT at the statutory rate. They must be paid in advance and will become due immediately. Unless agreed differently in writing or required by law, fees will not be reimbursed. If the User does not pay an amount without justification, eGym will have the right to temporarily block access for that User to the chargeable services following prior warning until the payment owed is received by eGym. The contract term remains unaffected by the temporary block. If the User is in arrears with payment obligations to eGym, such payments will become due immediately.

    2.7 Every contract governing a chargeable premium subscription will be automatically extended at the end of the contract for an equal term, but by one year at most, if the User or eGym does not terminate the contract at least 5 days in advance for monthly subscriptions, or at least one month prior to expiry of the contract term for a longer subscription.

    2.8 The User must terminate a chargeable premium subscription in written form via the termination function on the eGym website or by letter or e-mail (as set out in paragraph I 8.1).

    2.9 Following the end of the chargeable membership the User may continue to use the free-of-charge eGym services within the limited scope of use connected with the same. Please see the paragraph I. 3.5 above regarding the ending/termination of free-of-charge eGym services.

    3. eGym weight machines

    The weight machines of eGym will be provided by the relevant fitness facility. The fitness facility is responsible for providing correct user instructions. eGym has a responsibility towards the User only in connection with the eGym User account in line with the provisions of these general terms and conditions and shall not be liable for any damage or personal injury caused by any failure or defect in the weight machines.

    4. Fitness-finder.com

    4.1 Fitness-finder.com is an online platform which enables Users to search for and compare marketing offers for fitness facilities (hereafter “Fitness Studios”). These marketing offers include free vouchers for trial training sessions and discounted membership. The offers on Fitness-finder.com always relate to specific individual fitness studios, the name and location of which will be stated in the offer.

    4.2 To sign up to an offer from a fitness studio the User must register via the Fitness-finder.com portal using the application form provided. The application form is divided into mandatory and voluntary information. An eGym account will be opened for the User when registration is complete.

    4.3 Once the User has signed up to a fitness studio offer and has registered via Fitness-finder.com they will be sent the voucher for this fitness studio by e-mail.

    4.4 The User can then redeem the voucher within a period stated on the voucher. If the User loses or deletes the voucher the User will have no right to receive a replacement voucher. The User is not obliged to redeem any vouchers or to enter into a contractual relationship with the fitness studio.

    4.5 Fitness-finder.com acts purely as an agent. No contract between the User and Fitness-finder.com will be generated in connection with any membership or other service of the fitness studio. Use of the fitness studio, including the provision of trial training and discounted membership, shall be subject to any terms between the User and the fitness studio. The fitness studio shall be solely responsible for redeeming any vouchers.

    4.6 Advertising content included in Fitness-finder.com offers is compiled by the fitness studios. This in particular applies to photographs as well as information about the location, size, features and consistency of the fitness studios. Fitness-finder.com accepts no responsibility for the correctness and completeness of advertising statements published by fitness studios.

    4.7 The User is prohibited from ordering vouchers for commercial purposes. Vouchers are intended exclusively for personal use. All subsequent sales of vouchers by Users are prohibited. The User must not order multiple vouchers via Fitness-finder.com in order to obtain a commercial advantage that exceeds a contractual trial or discounted membership. A User will breach these provisions if they obtain more than three vouchers in the same city or county within two months.

    5. eGym TrainerApp

    5.1 The eGym Trainer App may be used only by adults who have received an education as a fitness trainer and who are qualified to use the Trainer App. Use of the eGym Trainer App requires an iPad with internet connection. We recommend that the User always installs the latest version of the App and downloads regular updates for the correct and reliable use of the App.

    5.2 The User will need an eGym User account to register as a personal trainer. Application data is entered in the respective entry fields of the Trainer App. If the App serves for commercial purposes or will be used by a fitness facility this will need to be approved by eGym. Please contact trainerapp@egym.de in this instance.

    5.3 A User will only register as a “personal trainer” on the eGym Trainer App once they receive confirmation of the registration by eGym. eGym reserves the right to make a registration as a personal trainer dependent on proof of qualifications and reliability. eGym is not a partner to any contract between the user and their personal trainer. eGym does not accept any obligation with reference to this contract; its establishment and execution are a matter between User and Personal Trainer exclusively. eGym is not responsible for and has no liability in connection with any information or advice given by a Personal Trainer to a User. It is the User's responsibility to verify the qualifications of any Personal Trainer and to check they are satisfied with the advice or assistance provided by a Personal Trainer.

    III. Closing provisions

    1. Right of modification

    As it is eGym's policy continually to review and update its service offerings, eGym reserves the right to make changes to any service, charges and/or to these terms from time to time, provided that eGym will not, unless you agree, make any changes in respect of any service the User has already paid for that would significantly reduce the type or level of service it receives (except if Gym needs to do so for security, legal or regulatory reasons) and/or increase the charges the User is obliged to pay. eGym will always give the User as much notice as it reasonably can of such significant changes on the understanding that the User has the option of accepting them or cancelling their service subscription without penalty, in which case, the User should notify us that it wishes to cancel its subscription. If the User does not cancel its subscription before the date on which the changes come into effect (which we will notify to the User), this will mean that you have accepted them.

    2. Applicable law / place of jurisdiction

    2.1 These Terms shall be governed by English law, and the User agrees that any dispute between them and us regarding the Terms will only be dealt with by the English courts, provided that, if the User lives in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.

    2.2 These Terms represent the entire agreement between the User and eGym in relation to the online services. Nothing in this clause shall operate to exclude any representation made by a party fraudulently. eGym is required by law to advise you that contracts between us may be concluded in the English language only and that no public filing requirements apply.

    2.3 If individual provisions of the contract should be or become ineffective in full or in part, the contract will remain otherwise effective. If we fail to enforce any of our rights, that does not result in a waiver of that right.

    2.4 The User may not transfer or assign any or all of your rights or obligations under any contract with eGym.

    2.5 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.

    3. Contact Us

    Please submit any questions you have about these Terms or any problems concerning the website, app and equipment or their use to us by any of the following means:

    • by email at support@egym.de; or
    • by post to eGym GmbH, Prannerstr. 2-4, 80333 Munich, Germany.

    [Issue: November 2017]

    Specimen cancellation form