GymClub - Terms and Conditions
These terms and conditions are the contract between you and GymClub (International) Limited “GymClub”. By visiting or using our website, you agree to be bound by them.
Our venue partners and suppliers may also impose additional terms and conditions to which your contract with them will be subject.
GymClub is a trade name of GymClub (International) Limited, company number 112289 incorporated in Jersey, British Channel Islands, whose registered office is at Tower House, First Tower, St Helier, JERSEY JE2 4ZJ British Channel Islands.
In this agreement, the following words shall have the following meanings, unless the context requires otherwise:
- Gyms, Health Clubs and Spas
- other goods and services providers
- means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
- means Content Posted by you.
- means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
- means all of the services available from Our Website, whether free or charged.
- “Our Website”
- means all of the hardware and software installation that enables our website to function.
- Our contract
- We deal only with people over the age of 18 years because, until you reach that age, you are not able to enter into a binding legal contract.
- These terms and conditions regulate the business relationship between you and us. By buying a GymClub membership or using our website free of charge, you agree to be bound by them.
- If you use our website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.
- We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
- Your account and personal information
- When you visit Our Website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
- Use of our website is free of charge. You may use it subject to your compliance with the terms of this agreement.
- Details of the cost and benefits of GymClub membership are as set out on Our Website. You may subscribe to our paid Services at any time.
- At least one week before expiry of that period we shall send you a message to your last known email address to tell you that you membership is shortly to expire and inviting you to renew.
- At any time before expiry of your membership, you may use the “Log-in” tab on Our Website to access your personal information and change your renewal membership status or cancel renewal.
- At expiry of your GymClub membership we shall automatically take payment from your credit/Debit card of the sum specified on the gym Club website and shall confirm the renewal of your GymClub membership for a further period.
- Termination of this agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
- You may not transfer your membership to any other person.
- Funds - GymClub (International) Limited stored value is exempt from the Jersey Equivalent Law (TBC) Electronic Money Regulations 2011 because funds can only be used to buy a limited range of services fromgymclub.com. The funds in your Account can only be used to purchase goods and services from GymClub
- The funds in your Account cannot be used to purchase any goods directly from the gyms or facilities listed on the GymClub website. The minimum amount you can ‘top-up’ onto your Account is £5. Your Account funds cannot exceed a maximum of £200. You are only able to withdraw funds to credit or debit card already used to ‘top-up’ funds into your Account. A £2 administration fee is charged to withdraw funds from your Account. This £2 is charged to cover the bank charges and administration expenses that we incur from this transaction. If a period of 24 months passes with no orders placed, we will assume that your account is no longer active and your Account balance will expire.
- We reserve the right to modify the GymClub membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the GymClub membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member. It may be useful to print a copy now.
- In the event that a standard member is converted to a corporate membership by their employer before the end of their current term; the relevant pro-rata amount remaining on their current subscription cost can be paid back to them in the form of a credit to their GymClub account (less any GymClub credit received as part of the current term of subscription). This term is available subject to application from the member in question.
- If you buy Goods or Services as a consumer
If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
- subject to the further provisions below, if you cancel your membership contract within seven days of having made it, we shall refund your payment in full upon request.
- if it was urgent that we should start to provide the Services immediately after we received your order, and we did start them, we are obliged to refund to you only the pro rate proportion of the cost that relates to the incomplete portion of the Services.
- A pass is a unique alpha numeric code purchased by you and only applies to and is valid to be redeemed at the selected gym Venue, Partner or provider for entrance to their facilities or goods or services.
- If a pass or offer code is not used within the 30 days or within the period of its validity date the pass or offer will be invalid and you will lose the value, this pass or offer will be marked ‘Expired’ in the ‘My Statement’ section of your account profile. We do not want our customers to lose the value of any pass or offer and therefore we will e-mail you and let you know when a pass or offer is about to expire.
- The price payable for Services that you purchase is clearly set out on Our Website.
- The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
- Prices are inclusive of any applicable value added tax or other sales tax unless specifically stated.
- Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- You will pay all sums due to us under this Agreement by the means specified without any set-off, deduction or counterclaim.
- All monies paid by you to us are non-refundable and cancellation and/or termination of this Agreement by you or us at any time for any reason will not entitle you to a refund of monies paid.
- If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
- Content you Contribute or Post to Our Website
- We may, at our discretion, read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
- You agree that you will not use or allow anyone else to use Our
Website to Post a Contribution which is or may:
- be malicious or defamatory;
- consist in commercial audio, video or music files;
- be software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
- be illegal, obscene, offensive, threatening or violent;
- be sexually explicit or pornographic;
- promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
- be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- solicit passwords or personal information from anyone;
- be used to sell any goods or services or for any other commercial use;
- be used to send any communication by automated email or otherwise;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
- be incomplete or inaccurate or submitted otherwise than as requested by Our Website;
- request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.
- link to any of the material specified above, in this paragraph.
- Other restrictions
You agree that you will not use or allow anyone else to use Our Website:
- to sell or promote any product or service without our express written consent;
- in a way which violates the law of any country in which we operate, or which fails to comply with accepted Internet protocol;
- for spamming. Spamming includes, but is not limited to:
- the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
- excessive and repeated Posting of off-topic messages to newsgroups;
- sending age-inappropriate communications or Content to anyone under the age of 18.
- About Contributions Posted by you
You now confirm that:
- you own all of the Contributions you Post;
- you understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Contributions having been Posted by you;
- you will immediately notify us of any security breach or unauthorised use of your account.
- you accept all risk and responsibility for determining whether any Contribution is in the public domain and not confidential.
- you irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Contribution that you place on our website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
- you agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Contribution as provided in the Copyright, Designs and Patents Act 1988 s80.
- you now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
- you now irrevocably release us from any right or claim of yours arising out of or in connection with any item of feedback, rating or other Contribution Posted by you.
- Removal of offensive Content
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure
- your claim or complaint must be submitted to us in writing. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
- Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading a Contribution or Content of some sort. We may read, assess, review or moderate any Contribution or Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you would commit a criminal offence. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
- use Our Website to hack into the computer of any other person or make contact with any other computer;
- make available or upload files that contain software or other material, data or information not owned or licenced to you, including pirated computer programs, pirated music or other media or links to any such files;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
- upload or republish any part of our Content on any Internet, intranet or extranet site.
- hide or remove the banner advertisements on any page of Our Website;
- share with a third party any login credentials to Our Website;
- use on Our Website software which assists in:
- data mining, extraction or collection;
- emulating, phreaking, hacking, password cracking, IP spoofing or over-loading Our Website;
- “framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
- performing any automated operation;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
- This paragraph does not affect or reduce your statutory rights.
- We do not, as a matter of course, read, assess, review or moderate any contribution or Content Posted on Our Website. However, we may do so without notice to you and without giving you a reason. As a result, we cannot be responsible for false or misleading information Posted by any person.
- So far as is permitted by Jersey Law or the law of your country, all implied conditions; warranties or other terms are excluded from this agreement.
- The GymClub website and GymClub Services are provided “as
is”. We make no representation or warranty that the Services
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error;
Nor that use of the Services or the exercise of any right granted under this agreement will not infringe any other intellectual property or other rights of any other person; or
- Our website contains links to other Internet websites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such web site.
- We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website or receive directly from a third party as a result of an introduction via Our Website.
- Duration and termination
- This agreement shall operate for the period for which you have subscribed.
- You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the website and submitting it. We reserve the right to check the validity of any request to terminate membership; OR
- We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
- Termination by either party shall have the following effects:
- your right to use the Services immediately ceases unless otherwise specified;
- we are under no obligation to forward any unread or unsent messages to you or any third party or refund the balance of your subscription outstanding for any service, pro rata with time not elapsed;
- In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;
- There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
- We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
- Storage of Data
- We assume no responsibility for the deletion or failure to store or deliver email or other messages or data.
- We may, from time to time, set a limit on the number of messages or data you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
- You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
- Limitation of liability
- Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be £100 in aggregate. OR
- Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be five times the total fees payable by you in the 12 months before the event(s) complained of or the sum of £100 whichever is higher.
- Neither party shall be liable to the other in any possible way,
for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to ourselves.
- Nothing in this agreement excludes liability for death or personal injury or for a party's fraud.
- Indemnity You agree to indemnify us against any
loss, damage or liability, suffered by us at any time and arising
- any act, neglect or default of yours in connection with this agreement or your use of the Services;
- your breach of this agreement;
- your failure to comply with any law;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the Services
- Miscellaneous matters
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- If you are in breach of any term of this agreement, we may:
- publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
- terminate your account and refuse access to Our Website;
- remove or edit Content, or cancel any order at our discretion;
- issue a claim in any court.
- Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either of the parties by the
other shall be delivered by hand or sent by first class post or
recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
- In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, [including any labour dispute between a party and its employees].
- The validity, construction and performance of this agreement shall be governed by the laws of Jersey / Guernsey / Isle of Man / England and Wales / Scotland / Northern Ireland.
Copyright GymClub (International) Limited – 9th December 2013
£9 30 DAY*
Our signature membership. Easy and flexible, simply pay-as-you-go.
£2930 Day* Plus
Includes £23 Gymclub Membership Credit**
£29 30 DAY* PLUS.
Great value if you are going to be ‘gyming’ at least two or three times a month.
£4930 Day* Premium
Includes £46 Gymclub Membership Credit**
£49 30 DAY* Premium.
The Premium Package is for you if you are going to be using our venues on a more regular basis.
Includes £50 Gymclub Membership Credit***
£99 PER ANNUM.
Renewable annually, great value, simply pay-as-you-go with a £50 GYMCLUB Membershp Credit*** to get you started.