BY JOINING GYM CAREER AND/OR CONTINUING TO USE THE GYM CAREER WEBSITE YOU ARE CONFIRMING THAT YOU ACCEPT THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MUST LEAVE THIS WEBSITE / STOP USING THE GYM CAREER APP IMMEDIATELY
- Additional terms.Additional terms, which form part of these terms and conditions, apply to the access and use of certain Gym Career services. Please click on the relevant link(s) below to view the terms: IT IS IMPORTANT THAT YOU UNDERSTAND AND ARE COMFORTABLE WITH THESE TERMS BEFORE USING THE SERVICE AND WE ENCOURAGE YOU TO TAKE TIME TO READ THEM SERVICE – Terms that apply to purchases made on the Gym Career Website LINK – Available at time of purchase
- Users of the Gym Career Website may be required to register in order to use certain facilities and to provide additional information in order to use certain features. By registering with Gym Career you confirm you are over 16 years old.
THE GYM CAREER REGISTRATION ONLY APPLIES FOR USE OF GYM CAREER SERVICES. GYM CAREER PARTNERS MAY HAVE THEIR OWN REGISTRATION REQUIREMENTS.
- Internet access and security.The Gym Career Website will require access to the internet via a wireless carrier, internet service provider or other methods of internet access (Network Provider). You are solely responsible for all charges from your Network Providers. You acknowledge and accept that use of the internet is not always secure and any use of the internet or any insecure networks by you (including but not limited to wireless hotspots) is at your own risk.
- Username and passwords.During the registration process, you may be allocated, or invited to choose, your own username and password which will be unique to you. You are responsible for keeping your username and password confidential and for ensuring that they are not used by any other person.
- Security breaches.You agree to notify us immediately of any unauthorised use of your membership or any other breach of security of which you became aware.
- Gym Career Partners.Gym Career has business relationships with a number of third parties and some of the goods and services available on or through Gym Career Website are provided by those third parties. An up to date list of these third parties is available by clicking here. Each Gym Career Partner has its own terms of business and privacy practices and you should check that you are satisfied with them before you agree to take any of their goods or services.
- Offers, promotions, software and downloads.Gym Career and Gym Career Partners may occasionally promote their goods or services on the Gym Career Website or through other direct marketing initiatives or may make software and other materials available for you to purchase or download. Whilst we carry out some checks on Gym Career Partners and try to encourage them to offer good quality products, services and materials at competitive prices we have no control over them, or give you any assurances about the products or services they offer, or that they will be suitable for your needs. It is your responsibility to satisfy yourself in this regard and we have no liability in connection with the same.
- Ownership of materials.The Gym Career Website and the Gym Career App, the design of each and the materials and software on them or provided to you through any of them, are protected by copyright, trademark and other intellectual property rights and laws throughout the world and are owned by, or are licensed to Gym Career and/or third parties.
- Licence terms.You are permitted to display the materials on the Gym Career Website on a computer screen, tablet or smartphone and, save for restricted access documents, to download and print a hard copy for your personal use or for obtaining products or services from us or any of the Gym Career Partners provided you do not alter or remove any of the content or any part of the Gym Career Website without our express written permission to do so and that you do not change or delete any copyright, trademark or other proprietary notices.
You are permitted to establish a link to the Gym Career Website from other sites provided that, if we believe it would damage or have any negative effect on Gym Career, any Gym Career Partner or any other user, you remove the link immediately if we ask you to do so. You agree not to:
- copy, reproduce, store (in any medium or format), distribute, transmit, modify, create derivate works from all or any part of the Gym Career Website or the materials or software on either of them, or provided to you through either of them, without our prior written consent (which may be given or withheld in our absolute discretion)
- use the Gym Career Website or any of the materials or software on either of them or provided to you through either of them, for:
- any unlawful purpose or in contravention of applicable law
- commercial exploitation without our prior written consent
- any unlawful or inappropriate advertising
- any purpose or in any manner that may give a false or misleading or negative impression of Gym Career, our staff or our services or those of any Gym Career Partners
- use, upload or transmit
- any material that is defamatory, offensive, obscene, sexually orientated, racist, threatening, intimidating, false, misleading or otherwise unlawful, or which may cause offence or distress or which may affect or infringe the rights of any other person
- any device, software, file or mechanism which may interfere with the proper operation of the Gym Career Website or Gym Career Systems
- decompile, disassemble or reverse engineer (or attempt to do any of them) any of the software or other materials provided on or through the Gym Career Website
- do anything that may interfere with or disrupt the Gym Career Website or our service
- impersonate any other person when using the Gym Career Website
- encourage or permit others to do any of the above
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, GYM CAREER AND/OR ANY GYM CAREER PARTNER. GYM CAREER AND/OR ANY AFFECTED GYM CAREER PARTNER WILL PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS
- Suitability of materials provided via Gym Career Website.No assurance is given that the materials provided or available to you on or through the Gym Career Website are suitable for your requirements or that they will be secure, error or virus-free and Gym Career will have no liability in respect of those materials.
- Materials submitted to the Gym Career.You confirm that you own or have sufficient licence rights, permissions and consents to be able to provide to Gym Career for use as anticipated by these Terms and Conditions, all materials (whether data, photographs, images, video content or otherwise) that you submit on or to the Gym Career Website (Submitted Materials). Where Submitted Materials include an image or any personal information of any person who is under the age of 18 (Minor), you confirm that you have obtained the consent of that Minor’s parent or guardian and, for Minors who are aged 12 or over, you have also obtained the Minor’s consent. You confirm that the Submitted Materials are accurate and not misleading. You hereby grant to Gym Career a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to copy, publish, distribute the Submitted Materials in any media and form anywhere in the world for any purpose.
- The Gym Career Website is provided free of charge and as is and as available. We make no guarantee that they will be uninterrupted or error free. We reserve the right to modify, suspend or withdraw the whole or any part of the Gym Career Website or any of their content at any time without notice and without incurring any liability.
- Access restrictions.Gym Career is entitled, in its absolute discretion, to remove any Submitted Materials. Gym Career will be entitled to suspend or terminate your access to the Gym Career Website and/at any time without reason and without liability.
- Links from and advertisements on the Gym Career Website.From time to time, links to other websites and/or advertisements may be provided on the Gym Career Website and/that are owned, provided and/or controlled by third parties. These links and advertisements are provided only for your interest and convenience and Gym Career does not have any control over them and will have no liability in respect of any of them.
- Gym Career may monitor activity and content on the Gym Career Website and may take any action we consider appropriate if we suspect you may be in breach of these Terms and Conditions including suspending, attaching conditions to or terminating your access and/or notifying the authorities or relevant regulators of your activities.
- An accuracy of information.We take care to ensure that all information available on the Gym Career Website about our business, services and any products mentioned is accurate. However, these are continually developing and, occasionally, the information may be out of date. Health and fitness, commercial and legal practices change frequently and the materials on the Gym Career Website, in any newsletters and in other items offering guidance have been prepared for general interest only and are not a substitute for specific legal, financial, health or other professional advice and should not be read or used as such.
- Use of the Gym Career blog.As part of your access to the Gym Career Website and Gym Career App, you will be entitled to access and add postings to the Gym Career Blog (Gym Career Blog). You acknowledge and accept that the Gym Career Blog is not moderated. Gym Career is not responsible for or in any way liable in respect of, any messages or other materials posted in the Gym Career Blog. When you use the Gym Career Blog, you agree to comply with the licence terms at paragraph 11 above in respect of your postings.
IN THE EVENT THAT YOU DO NOT COMPLY WITH THE ABOVE RESTRICTIONS, ANY PERSON AFFECTED BY YOUR ACTIONS MAY BRING A CLAIM AGAINST YOU, GYM CAREER, GYM CAREER SERVICE PROVIDERS OR ANY GYM CAREER PARTNER. GYM CAREER AND/OR ANY AFFECTED GYM CAREER SERVICE PROVIDERS AND/OR GYM CAREER PARTNERS WILL BE ENTITLED TO PURSUE A CLAIM AGAINST YOU FOR ANY LOSSES AND COSTS (INCLUDING LEGAL COSTS) WE MAY EACH SUFFER AS A RESULT OF YOUR ACTIONS
In the event you consider another user has posted materials which do not comply with this clause, please notify Gym Career who will take appropriate action (which may include removing offending postings, suspending, attaching conditions to or terminating the user’s access and/or notifying the authorities or relevant regulators of offending activities) as soon as reasonably practicable.
- ALTHOUGH WE TAKE CARE TO ENSURE THAT ALL MATERIAL ON THE GYM CAREER WEBSITE IS CORRECT AND SUITABLE FOR USE, MISTAKES MAY, OCCASIONALLY, OCCUR AND GYM CAREER DOES NOT GIVE YOU ANY ASSURANCES THAT THE MATERIAL ON THE GYM CAREER WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE OR APP WILL BE FREE OF DEFECTS OR VIRUSES.
NOTHING CONTAINED IN THE PAGES OF GYM CAREER WEBSITE SHOULD BE CONSTRUED AS COMMERCIAL, LEGAL, HEALTH OR OTHER PROFESSIONAL ADVICE.
- Use of the Gym Career Website and/outside England and Wales.Gym Career makes no claims or representations that any or all of the content of the Gym Career Website or the Gym Career App may be lawfully viewed or downloaded outside mainland UK and, unless otherwise specifically stated, the content and the Gym Career Website is directed solely at users who access them from mainland UK.
IF YOU CHOOSE TO ACCESS THE GYM CAREER WEBSITE FROM OUTSIDE ENGLAND AND WALES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF THE RELEVANT JURISDICTION.
- Liability for our mistakes.NEITHER WE NOR ANY GYM CAREER SERVICE PROVIDER OR GYM CAREER PARTNER WILL BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) UNLESS: (A) THERE IS A BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY GYM CAREER / THE GYM CAREER SERVICE PROVIDER / THE GYM CAREER PARTNER;
(B) THE LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; OR
(C) ANY LOSS OR DAMAGE OR INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OF THE GYM CAREER / THE GYM CAREER SERVICE PROVIDER / THE GYM CAREER PARTNER (AS APPLICABLE). NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT YOUR STATUTORY RIGHTS
- No delay or decision not to enforce rights under these terms and conditions will constitute a waiver of the right to do so and will not affect rights in relation to any subsequent breach.
- To the extent that any provisions of these Terms and Conditions are held to be unlawful, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.
- Third party rights.Except as set out in these Terms and Conditions, a person who is not a party to them shall have no rights to benefit from or enforce any of the Terms and Conditions.
- Governing law.These Terms and Conditions are subject to the laws of England and Wales and you, Gym Career and each Gym Career Partner hereby submit to the non-exclusive jurisdiction of the English and Welsh courts. > WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME. THE NEW VERSION WILL BE POSTED ON THIS WEBSITE AND WILL TAKE EFFECT IMMEDIATELY UPON POSTING. IF YOU USE THE GYM CAREER WEBSITE OR THE GYM CAREER APP AFTER THE NEW TERMS AND CONDITIONS HAVE COME INTO EFFECT, YOU WILL BE INDICATING YOUR AGREEMENT TO BE BOUND BY THE NEW TERMS AND CONDITIONS