Contractual relationship, registration conditions, registration and modification of the Scope of services
Fee-based premium subscriptions and other services for which a charge is made Statutory right of cancellation
Connection with profiles of other Users (including Personal Trainers) and social media User’s obligations, prohibited conduct
Running time of the contract, automatic extension, cancellation
Intellectual property Rights, External Links and availability
1.1 These Terms apply to the use by individuals (referred to below as the “User” or “you”) of the training optimisation and management equipment operated via various interfaces (e.g. eGym fitness equipment, the eGym website or eGym apps) by eGym GmbH (referred to below as “eGym” or “we”, “us” or “our”). We are a limited company registered in Germany. Our registered company number is DE8170879400, and our registered office is at Prannerstraße 2-4, 80333 Munich, Germany. Our VAT registration number is DE275313632.
1.2 These Terms and the Privacy and Cookies Policy are the only terms which apply to our supply and your use of our equipment. Terms and conditions which deviate from these will not be accepted.
1.3 By downloading, accessing and or using any eGym website, application or equipment, you confirm that you accept and agree to be bound by these Terms and acknowledge that they form a legally binding contract between us and you. If you do not agree to these Terms you are not permitted to access or use our website, application or equipment and you should not proceed further.
1.4 We may change the features contained on our website, app or equipment from time to time. We do not guarantee that any particular content or functionality will be made available through our platforms.
2.1 eGym offers both free and fee-based services to the User. With free membership, registered users have the facility of signing up to fee-based premium subscriptions (e.g. for additional training modules) or, where applicable, of purchasing services offered. With the conclusion of a fee-based premium subscription the registered User enters into a further contractual relationship with eGym in each case, in addition to free membership.
2.2 In order to log in, the User requires a valid e-mail address as well as a password which he or she selects. Registration is completed when the user profile is activated by eGym. The contractual relationship is personal and non-transferable. You must treat your log-on details and password as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware.
2.3 When he or she registers, the User undertakes to provide accurate and complete information and to keep this up to date throughout the running time of the contract. We reserve the right to disable any log-on, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
2.4 The User must have his usual place of residence in the United Kingdom. He or she must have unlimited legal capacity or act with the consent of his legal representative.
2.5 Registration with the status of “Personal Trainer” may be dependent on particular confirmation of the status by eGym. There is no automatic entitlement to this. In particular eGym reserves the right to make registration as a Personal Trainer dependent on evidence of qualifications and reliability. eGym is not a contractual partner to any contract between the User and his Personal Trainer. eGym does not accept any obligation with reference to this contract; its establishment and execution are a matter between User and Personal Trainer exclusively. We are not responsible for and have no liability in connection with any information or advice given by a Personal Trainer to a User. It is the User's responsibility to verify the qualifications of any Personal Trainer and to check he or she is satisfied with the advice or assistance provided by a Personal Trainer.
2.7 The contractual terms will not be stored by eGym for the User.
2.8 Material modifications to these Terms will be proposed to the User in text form at the latest 6 weeks before their proposed effective date. The User is deemed to have given his consent if he has not communicated his refusal before the proposed effective date of the modifications. eGym will make specific reference to this de facto consent in the modification proposal sent to you.
3.1 If you have free membership, you can use the free eGym services which eGym may change, extend or limit at its own discretion. If you have a fee-based premium subscription, you can use the range of services agreed for this during the subscription period.
3.2 eGym enables the User to use the eGym services covered by the contract in the fitness facility agreed at the time of concluding the contract with eGym. eGym may also allow the User to use these in other fitness facilities, but it is not obliged to do so.
3.3 eGym does not undertake to back up data for the User during the term of the subscription or to store or archive training or other data after the end of the subscription. The User is responsible for backing up his or her data.
3.4 eGym guarantees a 99.0% availability of the online services calculated over the calendar year. This does not include interruptions in the eGym online services due to necessary maintenance work, cases of force majeure, technical disruptions to the Internet or other reasons for which eGym is not responsible.
3.5 In order to be able to use the range of online services to its full extent, the User must use the most up to date browser technologies and operating systems available in each case, or enable their use on his computer or mobile device (e.g. activation of Java Script, Cookies). When using older technologies or ones which are not in general use the User may not be able to use the services from eGym or only be able to use them to a limited extent. You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, any app may charge for internet access on that device.
4.1 Before a User signs up to a fee-based contractual relationship the User will be informed of the content of the relevant fee-based services, the prices and the conditions of payment. He will receive a confirmation of his order from eGym in accordance with applicable law. The contract does not come into effect until it has been accepted by eGym (e.g. this may also take the form of the provision of the service ordered by eGym). The User’s entitlement in the context of a premium subscription is personal and non-transferable.
4.2 All fees are inclusive of VAT Fees will be set out on the website or third party application store and are to be paid in advance and are immediately due. The relevant content will then be made available immediately and you acknowledge and agree that this is the case and that, therefore (subject to any cancellation right that the terms of service of the relevant third party application store may allow you), you will have no right to change your mind and cancel under the Consumer Contracts Regulations (sometimes known as a 'cooling off' right) once the download has started. Unless agreed otherwise in writing or stipulated otherwise by law, fees will not be refunded, but this does not affect your statutory rights for instance if we fail to provide the service as required by these Terms.
4.3 If the User does not pay an amount which is due without justification then, after prior warning, eGym is entitled to block the User’s access temporarily until the amount owed has been received by eGym. The running time of the contract remains unaffected by the temporary blocking. The User must reimburse eGym for damages incurred by eGym on account of non-payment or late payment unless he is not responsible for these.
4.4 Certain purchases involve a subscription. The fee you pay gives you access to the relevant features, functions and/or content for the period of time selected by you from amongst the available options indicated on the website, app or third party application store. It is important to note that, at the end of this subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you provide notice to us to the contrary in accordance with these Terms.
4.5 Please see section 8 below for further detail relating to subscriptions, their duration and automatic extension.
5.1 To cancel a contract, you must clearly inform us, preferably: (i) in writing giving us your name, address and order reference; or (ii) by completing our cancellation form available on the website.
5.2 We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
6.1 eGym can enable the User to allow his profile to be accessed and commented on by other users (including related data, such as training results). As a default, any other users at the fitness facility with which your profile is linked will be able to see your profile and comment on your exercise activity. In addition the User's data in his profile will be visible to the fitness facility with which he or she is registered. A User can also choose to share his exercise data with specific users with Personal Trainer status if he is getting support from this person with his training. eGym is not a party to the direct legal relationship between a user and its fitness facility or Personal Trainer and accepts no obligations and no responsibility in this respect. The legal relationships between users, and particularly with a Personal Trainer, are exclusively a matter for the users concerned. Notwithstanding this fact, all users are bound to meet their obligations with respect to eGym according to these Terms.
6.2 eGym can further enable the User to publish his or her profile information (e.g. training results) or to share it with friends and third parties in social media (e.g. Facebook, Twitter etc.) by creating a link for his eGym profile with his or her social media account. The User accepts sole responsibility for this transfer of his or her data, which is performed at the User's risk. eGym does not accept any responsibility for the third parties participating (e.g. Facebook) and their handling of the User’s data.
7.1 The User undertakes only to use the range of services from eGym in a way and for purposes which are not in contravention of these Terms or applicable law and do not infringe third-party rights.
7.2 The User must have the eGym equipment and the recommendations and suggestions in the context of a premium subscription (e.g. additional training plans) checked. It is the User's responsibility to ensure that, on the basis of any particular general or current impairments to his or her health, these do not represent any particular risk to the User (e.g. pre-existing muscular-skeletal conditions or cardiovascular risks, acute colds or other illnesses) and refrain from using the equipment or following training suggestions if he or she can see that this is associated with a risk to their health. The User is responsible for requesting prior medical advice or prior consultation with trainers or other supervisory personnel at the fitness facility as necessary; consultation or advice is not part of the scope of eGym services.
7.3 The following types of conduct are prohibited:
7.3.1 the publication of any content which is unlawful, offensive, defamatory improper or illicit, especially in the form of comments;
7.3.2 harassment of other users;
7.3.3 the publication of content which infringes the intellectual property rights or privacy rights of a third party (e.g. profile photos which infringe the copyright or personal rights of third parties or legal provisions) or the publication or dissemination of training or other data without the consent of those included and concerned;
7.3.4 entries under a false identity, with false information;
7.3.5 supplying access codes or passwords or even the use of other people’s access codes or passwords, in particular in order to procure unauthorised fee-based services for oneself or third parties;
7.3.6 any commercial use of the eGym range of services not expressly authorised by eGym, in particular making it available in return for a fee or using it for purposes of advertising one’s own or third-party services; excluded from this prohibition is an activity as a Personal Trainer activated by eGym on the basis of an express authorisation by eGym, which may be withdrawn at any time;
7.3.7 interference with the way the range of services offered by eGym function (e.g. manipulation, introduction of computer viruses, circumventing technical restrictions and security);
7.3.8 copying, reverse engineering, “ripping” or mimicking the range of services in full or in part, investigating or analysing its technical functioning (including disassembling).
7.4 You acknowledge and agree that we do not monitor or moderate any content of Users and that we shall not be liable for or in relation to such content (including inappropriate, false or misleading posted by you or other Users). We reserve the right however in our sole discretion, to delete, edit or modify any content you post.
7.5 We reserve the right to terminate our contractual relationship with the User in accordance with clause 8.6.1 if in our opinion he or she has failed to comply with any of the Terms. More far-reaching claims and/or statutory claims, e.g. for damages, remain unaffected. In the case of criminal offences eGym reserves the right to pass on data about the User to the competent authorities within the framework of the law.
7.6 You agree that, by submitting any content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content.
7.7 If you have any complaints about the content of any posting these should be sent to firstname.lastname@example.org and must contain details of the specific posting giving rise to the complaint.
8.1 Each contract for a fee-based premium subscription is automatically extended at the end of the contract by the running time agreed in each case (up to a maximum of one year), unless the contract is cancelled by the User or eGym at the latest 5 days (for a monthly subscription) or at the latest one month (for a longer-running subscription) before the expiry of the relevant running time of the contract.
8.2 In order to be effective, the cancellation of a fee-based premium subscription requires cancellation using the cancellation function on the eGym website or email to [X@eGym.de].
8.3 Free membership can be cancelled during the running time of a fee-based premium subscription under the same conditions set out in 8.1. Otherwise is can be cancelled by either contracting party in writing (e.g. letter, fax, e-mail) without observing a period of notice.
8.4 Upon termination of the fee-based membership the User’s status reverts to free membership with the restricted scope of use and services associated with free membership.
8.5 The legal right of both parties to termination of both free membership and fee-based premium subscription for material breach remains unaffected.
8.6. The User is also entitled to terminate when he or she no longer has access to train on eGym equipment in the agreed fitness facility agreed, e.g. if a fitness studio should change its training equipment; this right of termination is not available to the User if eGym offers the User a possibility of use in another fitness facility and this is reasonable for the User.
9.1 eGym does not exclude its liability:
9.1.1 for death or personal injury caused by our negligence;
9.1.2 for fraudulent misrepresentation; or
9.1.3 for anything else we are not allowed to under applicable law.
9.2 Subject to 9.1, if you are a Personal Trainer user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the following the total fees paid by you for the online services in respect of which the liability arises.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
eGym takes your privacy rights very seriously. In addition to these Terms, our Privacy and Cookies Policy also applies to your use of our online services and is, where relevant, incorporated by reference into these Terms. You can find further information on the handling of personal data in the eGym range of services in the Privacy and Cookies Policy.
11.1 All intellectual property rights in the website, app and equipment (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading any app, accessing the website or using the equipment.
11.2 Applications and the website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
11.3 You may not post a link on the app or website to a third party website that contains material that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, or which infringes the intellectual property rights or other rights of any third party; or which contains any viruses and/or other code that has contaminating or destructive elements, and you indemnify us against any loss, damage or expense suffered or incurred by us as a result of any claim arising from or in relation to such external links.
11.3 We cannot and do not guarantee that any application or website or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of any application or website and its content.
12.1 These Terms shall be governed by English law, and you agree that any dispute between you and us regarding them will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
12.2 These Terms represent the entire agreement between you and us in relation to the online services. Nothing in this clause shall operate to exclude any representation made by a party fraudulently. We are required by law to advise you that contracts between us may be concluded in the English language only and that no public filing requirements apply.
12.3 If individual provisions of the contract should be or become ineffective in full or in part, the contract will remain otherwise effective. If we fail to enforce any of our rights, that does not result in a waiver of that right.
12.4 You may not transfer or assign any or all of your rights or obligations under any contract with eGym.
12.5 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when placing an order.
Please submit any questions you have about these Terms or any problems concerning the website, app and equipment or their use to us by any of the following means:
by email at email@example.com, or
mail to eGym GmbH, Prannerstraße 2-4, 80333 Munich, Germany
If any application that you download, access and/or use runs on Apple's iOS operating system:
that application may only be accessed and used on a device owned or controlled by you and using Apple's iOS operating system, and only in accordance with Apple's usage rules published in its App Store terms of service;
you acknowledge and agree that:
? Apple has no obligation at all to provide any support or maintenance services in relation to that application. If you have any maintenance or support questions in relation to that application, please contact us, not Apple, using the Contacting us details in these terms;
? except as otherwise expressly set out in these terms, any claims relating to the possession or use of that application are between you and us (and not between you, or anyone else, and Apple);
? in the event of any claim by a third party that your possession or use (in accordance with these terms) of that application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
? although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
you represent and warrant that:
? you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
? you are not listed on any United States Government list of prohibited or restricted parties; and
if that application does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that application (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that application or as a result of you or anyone else using that application or relying on any of its content.
(If you wish to cancel the contract, please complete this form and send it back to us.)
To eGym GmbH, Prannerstraße 2-4, 80333 Munich, Germany, or
fax: +49 89 9213105 99, or
I/we () hereby cancel the contract concluded by me/us () for
the purchase of the following goods () / the provision of the following service ():
Ordered on () / received on (): __
Name of consumer(s): __
Address of consumer(s): __
Signature of consumer(s) (only for notification on paper): __
(*) delete as appropriate.