Terms & conditions
ATHLO APP - TERMS OF USEPLEASE READ THESE TERMS CAREFULLY BEFORE USING THE ATHLO APP
1 INTRODUCTION
These Terms of Use (“Terms”) (together with the documents referred to in it) set out the rules which apply to your use of, and access to, the ATHLO mobile application (the “ATHLO App”).
The ATHLO App is operated by ATHLO App Ltd (“we”, “us”, “our,” or “ATHLO”). We are a company registered in England and Wales under company number 11336134 and have our registered office at 21-23 Ives Street, Chelsea, London, England, SW3 2ND.
“Gym Partner” means any gym, fitness, or health organisation whose classes and/or facilities are sold or made available through the ATHLO App. We have developed a mobile application which provides the opportunity for ATHLO App users to purchase and sell access to our Gym Partners’ facilities and classes, (such access rights hereinafter referred to as a “Credit” or “Credits”). ATHLO is not itself a gym, health club, health or fitness facility, health or fitness studio or similar establishment and does not own, operate or control any of the facilities or classes that are offered through the ATHLO App.
To contact us, please email: info@athlo.app.
1.1 By using the ATHLO App you accept these Terms
By clicking the “I accept” button at the time of registering for an account with us and thereafter accessing and using the ATHLO App you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not register for, access or use the ATHLO App. We recommend that you print a copy of these Terms for future reference.
1.2 Other terms that may apply to you
These Terms refer to our Privacy Policy [https://cms.athlo.app/wp-content/uploads/2022/07/athlo-privacy-policy.pdf], which details how and why we use your personal data and will also apply to your use of the ATHLO App.
When you download the ATHLO App you will also be subject to the terms and conditions of the App Store, Google Play Store, or other mobile application provider from which you downloaded the ATHLO App.
In the same way that our Gym Partners’ terms and conditions apply to their own members, when you use a Credit the terms and conditions of the Gym Partner at which you purchased the Credit will apply to you whilst you are on that Gym Partner’s premises.
2 CHANGES
2.1 We may make changes to these Terms
We may amend these Terms from time to time. Each time you wish to use the ATHLO App, please check these Terms to ensure you understand the Terms that apply at that time. These Terms were most recently updated in February 2022.
2.2 We may make changes to our ATHLO App
We may update and change our ATHLO App from time to time to reflect changes to our services, our members’ needs, our business priorities and/or for any other reason. We will give you notice of any change by notifying you of a change when you next start using the ATHLO App.
3 DISCLAIMER
3.1 Information on this ATHLO App
Although we make reasonable efforts to update the information on the ATHLO App, we make no representations, warranties or guarantees, whether express or implied, that the content on the ATHLO App is reliable, accurate, complete or up to date.
3.2 Third party websitesWhere the ATHLO App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those third party sites or resources.
3.3 Excluded Services
The provision of the ATHLO App does not include the provision of computer, mobile or other necessary equipment to access the ATHLO App. To use the ATHLO App you may require internet connectivity and appropriate telecommunication links. We shall not be liable for any internet, data, mobile or other costs that you may incur when accessing or using the ATHLO App.
4 REGISTRATION FOR MEMBERSHIP
In order to gain access to the ATHLO App, you must download the app and register to become an ATHLO member, which will result in you gaining an “ATHLO Membership.
”ATHLO Membership is available to individuals aged 16 years and over.
ATHLO reserves the right to reject any application for an ATHLO Membership.
In providing your details through the registration process you confirm that all information you provide to us is true, correct and accurate. It is your responsibility to ensure your membership details are updated regularly with any relevant changes.
Your ATHLO Membership is personal to you and therefore cannot be transferred to nor used by another individual in any circumstances.
5 CLASS AND FACILITIES AVAILABILITY AND CANCELLATION
You may wish to purchase or sell Credits through the ATHLO App. Your ability to purchase Credits is solely dependent upon Gym Partner participation on ATHLO App and other users of the ATHLO App offering their Credits for purchase. We make no representation, warranty or guarantee as to the availability of Credits for any Gym Partner, and you acknowledge that the selection of classes and gym facilities offered when you join ATHLO App may change throughout the term of your ATHLO Membership.
Should you wish to cancel the purchase of any credit you may do so up to the cancellation period for the specific gym for which you have bought credit. Cancellations made after this cancellation period prior to the use of the credit will be charged in full. For example, should a gym have a cancellation policy of 12 hours, you may cancel for free, up until 12 hours before the scheduled work out. Cancelling within 12 hours before the work out will lead to you being charged in full.
We reserve the right to suspend or terminate your access to the ATHLO App if:
- we reasonably believe that you are not complying with these Terms; and/or
- you use the ATHLO App for any purpose other than in conjunction with selling Credits (that is, offering your gym classes, activities or your use of gym facilities for sale on the ATHLO App); or buying Credits (that is, searching for and booking gym classes or activities and/or use of gym facilities).
5.1 Prohibited uses
You may only use the ATHLO App to sell, search for and book gym classes and/or use of gym facilities.
You must not use the ATHLO App:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- for commercial purposes;- to permit anyone, other than you, to use any Credits booked under your ATHLO Membership;
- to infringe our intellectual property rights or those of any third party;
- to interfere with any other person’s use of the ATHLO App;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; and/or
- to access without authority, interfere with, damage or disrupt any part of the ATHLO App, any equipment or network on which the ATHLO App is stored, any software used in the provision of the ATHLO App, or any equipment or network or software owned or used by any third party.
5.2 Your account details
When you register to use the ATHLO App you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activity that occurs within your user account. If you know or suspect that someone else knows your password, or you suspect any breach of security or misuse of the ATHLO App, you should notify us by contacting us immediately via the details set out in Section 1.
ATHLO reserves the right to disable any password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or for any other security reasons.
5.3 Using material on our ATHLO App
We are the owner or the licensee of all intellectual property rights in the ATHLO App and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the content on the ATHLO App for purposes other than to sell or search for and buy Credits. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of our content without prior written permission from us.
No licence is granted to you in these Terms to use any of our trademarks nor those of our Gym Partners and/or affiliated companies including, without limitation, the names ATHLO, ATHLO App and associated trademarks.
5.4 Security of the ATHLO App
We are unable to guarantee that the ATHLO App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes to access the ATHLO App. You should use your own virus protection software where applicable.
You must not misuse the ATHLO App by knowingly introducing and/or making the ATHLO App vulnerable to viruses, Trojan horses, worms, logic bombs, keystroke loggers, spyware or other material that is malicious or technologically harmful. You must not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the ATHLO App. You must not attempt to gain unauthorised access to the ATHLO App, the server on which the ATHLO App is stored or any server, computer or database connected to the ATHLO App.
6 OUR RIGHT TO SUSPEND AND TERMINATE YOUR ACCESS TO THE ATHLO APP
We will determine, in our sole discretion, whether there has been a breach of these Terms through your use of the ATHLO App. Failure to comply with these Terms may result in, but is not limited to, our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the ATHLO App;
- immediate, temporary or permanent removal of any contributions uploaded by you to the ATHLO App;
- issue a warning to you;
- instigate legal proceedings or any other legal actions against you for any and all costs or damages resulting from the breach; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
If we end your rights to use the ATHLO App:
(a) you must stop all activities authorised by these Terms, including your use of the ATHLOApp;
(b) you must delete or remove the ATHLO App from all devices in your possession and immediately destroy all copies of the mobile application which you have.
7 OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the paragraph above, ATHLO shall have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss arising under or in connection with these Terms and/or in connection with your use of ATHLO App.
Please note that we only provide our ATHLO App for domestic and private use. You agree not to use our ATHLO App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Disclaimers
You understand and acknowledge that classes, activities and gym use made available through the ATHLO App are provided by our Gym Partners, not ATHLO. To the fullest extent permissible by law, your use of Credits, including but not limited to your participation in any gym class, activity or use of gym facilities is solely at your own risk. ATHLO does not assume any liability or make any warranties of any kind, express or implied, arising out of, in connection with or with respect to any gym class or facilities.
ATHLO shall not, in any circumstances, be liable for any act, error or omission by any third party (including any act, error or omission of any Gym Partner), including, without limitation, any which arises out of or is in any way connected with your use of Credits, your participation in any gym class, activity, the use of gym facilities or the performance or non-performance of any third party. We are not an agent of any third party (including any Gym Partner).
Waiver of Liability
You understand and acknowledge that ATHLO is not itself a gym, health club, health or fitness facility, health or fitness studio or similar establishment and does not own, operate or control any of the classes, activities or facilities that are offered through the ATHLO App. ATHLO is therefore not responsible for the quality of any class, activity or the facilities provided by a Gym Partner. You are solely responsible for determining whether participation in any class or use of gym facilities which you book through ATHLO App is right for you.
You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend or activities you may participate in and gym facilities that you may use offer a range of activity and intensity levels. By using the ATHLO App and by purchasing and using Credits, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you fully assume the risk of injury or harm.
You acknowledge and agree that it is your responsibility to consult with your GP or other appropriate healthcare professional prior to participating in any class, activity or use gym facilities offered through the ATHLO App to determine if participating is appropriate for you. Do not participate in any class or activity or use any of the gym facilities offered on the ATHLO App if your GP or healthcare professional advises against it. You should also take extra caution if you have pre-existing health conditions, are taking medications or are pregnant. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
Therefore, and subject always to the first paragraph of this clause 7. above, to the fullest extent permitted by law, you release, indemnify, and hold harmless ATHLO, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, advisers, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in any class, activity, and/or use of gym facilities, including but not limited to liability for bodily injury, physical harm, loss, illness, death or property damage.
8 HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy which can be found on the ATHLO App.
9 AVAILABILITY OF THE ATHLO APP
We may change, suspend, withdraw or restrict the availability of all or any part of the ATHLO App for business and operational reasons at any time without notice.
Although we aim to offer you the best service possible, we make no promise that the ATHLO App will meet your requirements. We do not warrant, represent, or guarantee that the ATHLO App will be fault free or uninterrupted, and we make no representations, warranties or guarantees, whether express or implied, that the content and information on the ATHLO App is accurate, complete or up to date including content and information which relates to a Gym Partner and/or to the Credits available for purchase in relation to any Gym Partner.
If a fault occurs in the ATHLO App you should report it by contacting us at info@athlo.app. We will attempt to correct the fault as soon as we reasonably can. Your access to the ATHLO App may be occasionally restricted to allow for repairs, maintenance or the introduction of new features. We will attempt to restore the ATHLO App as soon as we reasonably can.
10 GENERAL
We may transfer our rights and obligations under these Terms to another organisation. If this happens, we will endeavour to tell you in writing, which may include email and/or a notice on the ATHLO App.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
Any rights not expressly granted in these Terms are reserved to us.
These Terms are governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to settle any dispute which may arise in connection with these Terms.
11 CONTACT US
If you have any concerns with access to the ATHLO App please email us at info@athlo.app. We will always aim to resolve any complaint without undue delay.
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