Gymgo.ie Terms and Conditions
These Terms and Conditions apply to your use of the online information services provided by Gymgo.ie trading under Cybersmarties Ltd. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITES (WHETHER IT BE VIA OUR WEBSITES WWW.GYMGO.IE, OUR MOBILE PHONE APPLICATION, TWITTER, FACEBOOK, MAIL OR ANY OTHER PLATFORM). BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITES.
GYMGO.IE MAY MODIFY OR REPLACE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH MODIFICATIONS OR REPLACEMENTS SHALL BE EFFECTIVE IMMEDIATELY UPON THE POSTING OF THE MODIFIED OR REPLACEMENT TERMS AND CONDITIONS ON THE SITES. YOU AGREE TO VISIT THE SITES ON A REGULAR BASIS TO REVIEW THESE TERMS AND CONDITIONS SO AS TO BECOME AWARE OF SUCH MODIFICATIONS OR REPLACEMENTS AND YOUR CONTINUED ACCESS OR USE OF THE SITES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY SUCH MODIFIED OR REPLACEMENT TERMS AND CONDITIONS.
1.Intellectual Property Rights
Gymgo.ie is the owner or licensor of all intellectual property rights in the Sites and their contents to include the website design, text, graphics, the selection and arrangement thereof and the software. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. IN PARTICULAR, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOU MAY NOT SCRAPE ANY CONTENT FROM THE SITES EITHER AUTOMATICALLY OR MANUALLY REGARDLESS AS TO WHETHER SUCH CONTENT IS SUBSEQUENTLY DISPLAYED IN THE PUBLIC DOMAIN OR NOT. You may print and/or download portions of material from the different areas of the Sites solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. By uploading any materials or other information to any public areas of the Sites (such as bulletin boards, Forums and/or newsgroups) and/or by forwarding such materials or other information to Gymgo.ie whether by e-mail or by any means and in any media now known or hereafter developed, you agree to grant to Gymgo.ie a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-licence, to modify, copy, reproduce, republish, post, distribute, transmit, create derivative works from or otherwise deal in, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services You also grant to Gymgo.ie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Gymgo.ie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Gymgo.ie.
3.Information Society Service Provider
You agree and acknowledge that Gymgo.ie is an information society service provider, as defined in Directive 2000/31/EC and transposed into Irish law by the European Communities (Directive 2000/31/ EC) Regulations, 2003 (S.I. 68 of 2003), and that it is not under any obligations to monitor the information which it transmits or stores on the Sites. You agree and acknowledge that Gymgo.ie shall not be liable in respect of information which is hosted or cached by it or in respect of which it acts as a mere conduit. Gymgo.ie operates a “notice and take down” policy.
4.House Rules for Advertisers
You acknowledge that all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights, know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights in and relating to the Sites (collectively “Intellectual Property”) are solely owned by Gymgo.ie. You acknowledge and agree that other products and names mentioned on the Sites may be protected by intellectual property rights which will vest in their respective owners.
6.Use of the Sites
You understand that, except for information, products or services clearly identified as being supplied by Gymgo.ie, Gymgo.ie does not operate, control or endorse any other information, products or services on the Internet in any way. Except for Gymgo.ie-identified information, products or services, all information, products and/or services offered through the Sites or on the Internet generally are offered by third parties that are not affiliated with Gymgo.ie.
You also understand that Gymgo.ie cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE INTERNET. GYMGO.IE PROVIDES THE SITES AND THE INFORMATION CONTAINED ON THEM “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE PROVIDED BY GYMGO.IE ON THE SITES, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED ON THE SITES OR ON THE INTERNET GENERALLY. GYMGO.IE SHALL NOT BE LIABLE FOR ANY COST, LOSS, LIABILITY, EXPENSE, CLAIM OR DAMAGE WHICH YOU MAY SUFFER OR INCUR ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITES OR ANY TRANSACTION ENTERED INTO FOLLOWING OR ARISING OUT OF USE OF THE SITES OR ON THE INTERNET GENERALLY. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED ON THE SITES OR ON THE INTERNET GENERALLY. GYMGO.IE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. GYMGO.IE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
YOU AGREE THAT YOU WILL NOT MAKE CONTACT WITH ANY ADVERTISERS ON THE SITES FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, OTHER THAN TO ENQUIRE ABOUT THE SPECIFIC PROPERTIES ADVERTISED.
AS MENTIONED AT POINT 1 ABOVE, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE, CREATE DERIVATIVE WORKS FROM OR OTHERWISE DEAL IN ANY MANNER WITH THE MATERIAL OR ANY PART THEREOF ON THE SITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. IN PARTICULAR, WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, YOU MAY NOT SCRAPE ANY CONTENT FROM THE SITES EITHER AUTOMATICALLY OR MANUALLY REGARDLESS AS TO WHETHER SUCH CONTENT IS SUBSEQUENTLY DISPLAYED IN THE PUBLIC DOMAIN OR NOT. You may print and/or download portions of material from the different areas of the Sites solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. By uploading any materials or other information to any public areas of the Sites (such as bulletin boards, Forums and/or newsgroups) and/or by forwarding such materials or other information to Gymgo.ie whether by e-mail or by any means and in any media now known or hereafter developed, you agree to grant to Gymgo.ie a non-exclusive, royalty-free, worldwide, perpetual licence, with the right to sub-licence, to modify, copy, reproduce, republish, post, distribute, transmit, create derivative works from or otherwise deal in, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services). You also grant to Gymgo.ie the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Gymgo.ie for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Gymgo.ie.
LIMITATION OF LIABILITY
IN NO EVENT WILL GYMGO.IE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITES, OR DOWNLOADED FROM THE SITES, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF GYMGO.IE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SITES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BUT GYMGO.IE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF ANY RELEVANT JURISDICTION.
Gymgo.ie makes no representations whatsoever about any other website which you may access through the Sites or which may link to the Sites. When you access a non-Gymgo.ie website, please understand that it is independent from Gymgo.ie, and that Gymgo.ie has no control over the content on that website. In addition, a link to any of the Sites from a non-Gymgo.ie website does not mean that Gymgo.ie endorses or accepts any responsibility for the content, or the use, of such website.
7.Content Posted on the Sites
Because community standards vary and individuals sometimes may not comply with our policies and guidelines, in the process of using the Sites, you may be exposed to content that you find offensive or objectionable. Users are encouraged to bring any advertisements or other information they deem offensive or objectionable to the attention of Gymgo.ie by using the “Report Post” Feature or by emailing info@Gymgo.ie and identifying the specific advertisement or other information that they consider is objectionable. You will be asked to give your reasons for wanting the advertisements or any other information removed.
Please note that Gymgo.ie’s office is open for business from 9am to 5.30pm Monday to Friday excluding national and public holidays in the Republic of Ireland. Any notifications received from users outside of the aforementioned hours will only be addressed upon the re-opening of Gymgo.ie offices.
Gymgo.ie operates on a “notice and takedown” basis. Users are informed that if they deem advertisements or other information to be defamatory or an infringement of their intellectual property rights or otherwise illegal, they should inform Gymgo.ie by emailing info@Gymgo.ie.
If another user defames, abuses, harasses, stalks, or otherwise violates your rights on any of the Sites please report the post to Gymgo.ie by emailing info@Gymgo.ie and identifying the specific advertisement or other information you consider is objectionable.
When reporting something to info@Gymgo.ie. Please advise us as to why you believe the content should be removed. Once this notification has been received, Gymgo.ie will use all reasonable endeavours to remove the offending content complained about within a reasonable period of time. However, as noted above, Gymgo.ie’s office is only open for business from 9am to 5.30pm Monday to Friday, excluding national and public holidays in the Republic of Ireland and accordingly any notification received outside of the aforementioned hours will only be addressed upon the reopening of Gymgo.ie’s offices.
8.Personal, Non-Automated Use Only
Unless you have entered into an agreement with Gymgo.ie to advertise a service, you may use the Sites for your own personal, non-commercial use only. You may not access the Sites with any automated software. If you would like to use our services for a commercial purpose, or in any way that is different to how they are presented on the Sites, you must first obtain our explicit approval.
You agree to indemnify, defend and hold harmless Gymgo.ie, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing and/or using the Sites.
10.Warranties Disclaimer and Waiver
Gymgo.ie does not endorse nor give any warranty or make any representation as to the accuracy, completeness, truth, legality or reliability of the information contained on the Sites or the manner in which the information uploaded by the user is displayed. It is the user’s sole responsibility to ensure the accuracy, completeness, truth, legality or reliability of information uploaded onto the Sites.
By uploading information to the Sites you warrant that such information does not infringe the rights (including intellectual property rights) of any third party and/or is not defamatory of any person or otherwise illegal. You agree to fully indemnify Gymgo.ie against all damages, claims, expenses, liability and costs (including legal costs) which Gymgo.ie may suffer or incur in the event of any legal proceedings being brought against Gymgo.ie in consequence of your uploading information.
All users of Gymgo.ie upload information entirely at their own risk and bear full responsibility for ensuring that they are fully compliant with all applicable laws and with all legal, regulatory and compliance standards as set out under any and all legislation, regulations and guidelines that apply to persons advertising their specific service. Gymgo.ie does not warrant that all regulatory and compliance standards that apply to persons or entities advertising gym, personal trainer or classes are met when placing an advertisement on the Sites. Failure to comply with all applicable laws or these Terms and Conditions may result in deletions of material which you upload and/or complete banning.
You acknowledge that your use of the Sites is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against Gymgo.ie, our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.
11.Third Party Rights
The provisions of paragraphs 6 (Use of the Sites), and 9 (Indemnification) are for the benefit of Gymgo.ie and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
The agreement arising out of these Terms and Conditions may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Intellectual Property Rights), 3 (Information Society Service Provider), 5 (Trade Marks), 6 (Use of the Sites), 8 (Personal Non-Automated Use Only), 9 (Indemnification), 10 (Disclaimer and Waiver) 11 (Third Party Rights) and 13 (Miscellaneous) shall survive any termination of the agreement arising out of these Terms and Conditions.
This Agreement shall all be governed and construed in accordance with the laws of Ireland. You agree that any legal action or proceeding between Gymgo.ie and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively before the courts in Ireland. Gymgo.ie’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Gymgo.ie may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
14.You are responsible for your account and its details
As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We strongly recommend you do not reuse a password which you also use elsewhere.
You may not select or use a username that:
Contains “Gymgo.ie” or otherwise misrepresents your relationship with Gymgo.ie or any other party;
Contains any profanity, is vulgar or offensive, or promotes an illegal activity;
Violates any trade mark or other proprietary right; or
Misleadingly impersonates someone else.
We reserve the rights to change usernames at our discretion.
14.2 Accounts and passwords
Gymgo.ie reserves the right to log off or deactivate accounts that are inactive for an extended period of time.
You will not create more than one personal profile. You agree not to provide any false information to Gymgo.ie or to create an account for anyone other than yourself without the express permission of that other person or entity. You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.
You may change your password or profile by following instructions on the Sites. Gymgo.ie will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
Gymgo.ie may at its absolute discretion refuse you access to the Sites or any of them or suspend your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this. If we suspend your account you will not be entitled to create another account without our permission.
14.3 Your interactions with other users
Gymgo.ie has no obligation to verify the identity of any users when they are connected to the Sites or to monitor advertising or other material provided by them. Gymgo.ie may, from time to time in its sole discretion make efforts to establish or verify the identity of certain users HOWEVER in so doing Gymgo.ie does not and should not be deemed to make any representations about, or confirm, or endorse any user or any user’s purported identity.
Any reference on the Sites to a user being “verified” (or similar language) only indicates that the user has completed a relevant verification process and does not represent anything else. Any such description is not an endorsement, certification and/or guarantee by Gymgo.ie about any user, including of the user’s identity and/or whether the user is trustworthy or legitimate. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about who you contact or interact with via the Sites. Gymgo.ie therefore recommends that you always exercise due diligence and take due care when deciding whether to interact with any other user.
Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.
As with any web-based interaction, we suggest that you use caution and good judgement. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.
You are encouraged to exercise discretion when providing personal information about yourself on the Sites. Any personal information which you volunteer in your public profile will be available worldwide to anyone with access to the website.
We recommend you do not post your name, address, telephone number, email address or anything else that may lead someone to identify you if this is something you are uncomfortable with.
Please note that certain information which you may choose to provide might reveal your gender, ethnic origin, nationality, religion and/or sexual orientation.
Gymgo.ie accepts no liability of any nature arising out of or in connection with your interactions with other users.
Gymgo.ie reserves the right without prior notice to remove commentary, links and/or images that are shared on any of our social media channels, including the Sites which are brought to its attention and which are deemed to be spam, inappropriate, defamatory or offensive.
15.Our right to ban accounts or remove user privileges
Gymgo.ie does not delete user accounts. You can however close your user account.
Closing your account means we will scramble your password, remove any email subscriptions or notifications you may receive and turn off your Private Messages.
To close your account, please contact our customer support team on info@Gymgo.ie. This process is irreversible and permanent.
Gymgo.ie may at its absolute discretion refuse you access to the Sites or any of them and/or suspend your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of suspension of your user privileges. If we disable your account you will not be entitled to create another account without our permission.
These terms and conditions, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.
Without limiting the foregoing, the following will lead to a suspension of your privileges on Gymgo.ie:
- breaches or violations of these Terms and Conditions or other Gymgo.ie guidelines;
- requests by law enforcement or other government agencies;
- unexpected technical issues or problems; or
- extended periods of inactivity.
© Gymgo.ie 2017