Terms & Conditions

1. TERMS AND CONDITIONS

  • Welcome to GymPocket (hereinafter “we” “us” “our” “the Company” or “GymPocket”).
  • By using GymPocket and supporting administration utilities and all services of GymPocket, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

 GymPocket reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any any changes shall constitute your consent to of those changes. You can review the most current version of the Terms of Service at any time at: http://www.gympocket.com and clicking the “Terms of Service” link in the footer. Violation of any of the terms below may result in the termination of your Account. While GymPocket prohibits such conduct and Content on the Service, you understand and agree that GymPocket cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
  • Your use of any of GymPocket’s websites, services, application programming interfaces (hereinafter “APIs”) or software (collectively, the “GymPocket Service”) is subject to these terms and conditions (the “Terms and Conditions”) in effect at the time of your use. GymPocket reserves the right to update and change these Terms and Conditions from time to time without notice or acceptance by you, so please check this page frequently for updates and changes.
  • By signifying your acceptance of these Terms and Conditions or making any use of the GymPocket Service, you signify your irrevocable acceptance of these Terms and Conditions in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the GymPocket Service, then you represent and agree that you have the authority to accept these Terms and Conditions on behalf of such corporation or other legal entity and that all provisions of these Terms and Conditions will bind that corporation or other legal entity as if it were named in these Terms and Conditions in place of you.
  • By signing up and/or creating an account with GymPocket, you agree to receive occasional emails from us regarding your account and/or GymPocket in general, including but not limited to new feature launches, marketing tips, questionnaires, etc.

2.ACCOUNT TERMS

  • The GymPocket Service is not intended for users under the age of majority. By signifying your acceptance of these Terms and Conditions or making any use of the GymPocket Service, you represent and warrant that you of the age of majority in effect in the jurisdiction of download and/or use.
  • GymPocket can refuse registration of, or cancel, any account in its sole discretion, at any time and without any prior notice.
  • The GymPocket Service registration involves two stages. First, you are required to enter data in the registration form and fill in the following fields: your first name, last name and e-mail address, – select the appropriate time zone from the drop down list and enter the verification code. After processing the information you entered, the GymPocket Service system will immediately email you a specified link for you to complete the registration process and enter the password (fill in the fields “Password ” and ” Confirm password ” ). Hereafter, you will be sent a message confirming your successful registration in the content management system of the GymPocket Service as well as a link to enter into this system.
  • Hereinafter your account will be accessed using your email and password that you will create (your “Credentials”).
    Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify GymPocket of any unauthorized use of your Credentials.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • By submitting your personal data, you agree to the transfer of your personal data to the Database and the controlling, storing and processing of your personal data by Technogym. All data you provide is stored on secure servers in the territory of the European Union and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with applicable laws.Where you have been given a password which enables you to access certain functionalities of the Service, you need to keep this password confidential. You are not allowed to share your password with anyone.Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to the Database; any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.

 

3.CONTENT AND INTELLECTUAL PROPERTY

  • Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the GymPocket Service belongs to you and you may use it in any other way without restriction. But by using the GymPocket Service, you are granting GymPocket and certain third parties permission to view and/or use your Content as described in these Terms and Conditions.
  • By using the GymPocket Service, you are granting GymPocket a non-exclusive, world-wide, royalty-free, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the GymPocket Service and on and through services affiliated with GymPocket, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content on or through the GymPocket Service, you represent and warrant that you have the right to post that Content and to grant the above rights to GymPocket.
  • GymPocket owns the GymPocket Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the GymPocket Service, and the combination of all the elements on the GymPocket Service.
  • GymPocket owns all right, title and interest in and to the GymPocket Service. GymPocket reserves all rights to the GymPocket Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the GymPocket Service and you do not have the right to index or aggregate any portion of the GymPocket Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the GymPocket Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the GymPocket Service.

4. CODE OF CONTACT

  • GymPocket shall immediately terminate without notification to the user Apps that violate these Terms and Conditions, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the GymPocket Service.
  • GymPocket cannot and need not control all Content posted by third parties on or through the GymPocket Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the GymPocket Service you may be exposed to Content that you may find offensive, indecent, incorrect orobjectionable and you agree that under no circumstances will GymPocket be liable in any way for any Content, including any errors  or omissions in any Content, or any loss or damage of any kind  incurred as a result of your use of any Content.

5. MARKETING AND BRAND USAGE 

  • As a customer of GymPocket, GymPocket reserves the right to use your company name, brand and logos in it’s various marketing channels, identifying you as a current customer. If you do not wish to be included in these marketing messages, you must notify GymPocket via email or phone that you wish to have your company name, brand and logo excluded from such communications.

6. COPYRIGHT INFRINGEMENT

  • If you believe that any material available on or through the GymPocket Service violates your copyright, you may send GymPocket a copyright infringement notice.

7. ADDITIONAL TERMS

  • If you are a Client of the GymPocket Service, the following terms shall apply to you.
  • Subscriptions to the GymPocket Service may be made available in free or paid versions and/or in different service levels:
  • Only Web ● Standard ● Business ● Ultimate
  • 1) Modules: -Web Panel ; -Native IOS and Android App ; -Workout Planner; Diet Planner; -Weekly Schedule ; -Class Reservations ; -Free Push Notifications ; -Targeted Push Notifications ; -Targeted Email Sender; -Discussion Board; -Map; -Contact ; -Gallery; – Services;
  • -News&Promotions; -Social Media ; -Check-in ; -Free Support ; -Prioritized App Updates
  • 2) Languages;
  • Package details can be found on www.gympocket.com. You can select any of packages listed and payments are made annually by credit card over Paypal.
  • At any time the User may expand the list of selected modules, languages and restrictions.
    Provided that the User subscribes to one or more modules within the active Package, throughout its validity period subscription fee for each subsequent module varies and depends on how much time remains till the end of the Package validity: the less time is left, the less the cost is.
  • Subscription is active and effective within one year as at the time the chosen Package is activated. The Package is activated since the purchase of the first module.
  • The subscription price for the GymPocket service may change, but such changes do not affect the price of the current subscription within the selected service level. The GymPocket service may, but is not obliged to notify users of changes in the subscription price.
  • Payment for using the GymPocket Service under your configuration and service level is based on the invoice data by placing your payment card data on the bank site: the name of the card holder, the card number, CVV2, the expiration date of the card.
  • Payment for the software updates and support of the GymPocket Service occurs upon the receipt of invoice. You are charged one month before the expiration of the activated Package. If you fail to pay charges for the subscription for the GymPocket Service within one month from the date of invoice, your account may be downgraded or suspended. If your account is downgraded or suspended, GymPocket may, but is not obliged to maintain the account support and / or support of the related content and information, in order to allow you pay the past-due charges and restore your account. If charges are not paid within a month from the start of a new current subscription period, the account will be cancelled.
  • If for any reason you are not satisfied with the GymPocket Service purchased by you, you have the right to remove it or return your funds within two (2) weeks from the date of the Package activation. You need to contact us to get your refund.
    If your account has been cancelled, due to the fact that proves violation of these Terms and Conditions, the funds contributed as payment for subscriptions are non-refundable, even if the cancellation occurs prior to the expiration of the current billing period.
  • GymPocket grants to you, commencing on the date of the Package activation and continuing thereafter for the term of your subscription (unless terminated earlier pursuant to these Terms and Conditions), a non-exclusive, non-transferrable, world-wide, limited license to make use of the current versions of the GymPocket Service.
  • You may not assign your subscription to the GymPocket Service to any third parties; however, you may assign your subscription to the GymPocket Service to your successor in interest.
  • You are also required to comply with the terms and conditions of Apple Store and Goggle Play services.
  • You expressly understand and agree that GymPocket shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GymPocket has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

8. GENERAL TERMS

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Technical support is only provided to paying account holders and is only available via email.
  • You understand that GymPocket uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GymPocket, or any other GymPocket service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GymPocket.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GymPocket customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • GymPocket has the right to share data collected through our products with parntners and affiliates.
  • If your bandwidth usage exceeds 1000 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by GymPocket) of other GymPocket customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • GymPocket does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • These Terms and Conditions (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between GymPocket and you regarding the GymPocket Service. Any dispute arising from or related to these Terms and Conditions will be governed by the laws of the Turkey without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by an arbitration board.

9. LAST UPDATE

  • 8th September 2015

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