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Terms & Conditions

 

By Using Our App You Accept These Terms and Conditions

 

Please read these Terms and Conditions carefully and ensure that you understand them before using Our App. These Terms and Conditions, together with any other documents referred to herein (unless otherwise stated) including, but not limited to, the Attachment, set out the terms of use governing your use of this app, Gym Champ App (“Our App”). It is recommended that you print a copy of these Terms and Conditions for your future reference.

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These Terms and Conditions were last updated on 21st November 2022.

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Your agreement to comply with these Terms and Conditions is indicated by your use of Our App. If you do not agree to these Terms and Conditions, you must stop using Our App immediately.

The following document also applies to your use of Our App:

 

  1. Definitions and Interpretation

    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means a free account required for a User to access Our App.

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“Chat” means a message sent in, or via, the Community Chat Room

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“Community Chat Room” means the chat tool

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“Community Challenge” means a challenge provided by a Premium Subscriber and posted on the Community Challenge section

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“Community Challenge” means a challenge created in Our App by another user.

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“Contact Tools” means any online communications facility that We make available on Our App enabling you to contact Us including, but not limited to, contact forms and live chat;

 

Content” means any and all text, images, audio, video, scripts, code, software, databases, Challenges and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;

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“Post” means a post in the Community Forum on Our App (and includes any and all content in such posts including, but not limited to, texts and images.

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“Premium Subscriber” means someone who pays a monthly subscription via either the Google Play Store or the Apple App Store.

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“We/Us/Our” means Gym Champ Mobile App Limited.

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  1. Information About Us

    1. Our App is owned and operated by Gym Champ Mobile App Limited. We are a limited company registered in England and Wales under company number 14134420. Our registered address is Clarence Park Health Suite, 415 Worcester Road, Malvern, WR14 1PP.

 

  1. Communication from Us

    1. If you have an Account, we may from time to time send you important notices by push notifications.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, and changes to your Account.

    2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails and texts sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 28 business days for your new preferences to take effect.

    3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact us.

 

  1. Access to Our App

    1. Access to Our App and Content is free of charge although certain parts of Our App (including the ability to submit challenges in the Community Challenge section, to send direct messages to other Premium Subscribers (with their consent) and to post images on the Community Chat Room) will require a Premium Subscription in order to access them.

    2. Access to our Premium Subscription is a paid for service and is arranged via either Google Play Store or the Apple App Store.

    3. It is your responsibility to make the arrangements necessary in order to access Our App.

    4. Access to Our App is provided on an “as is” and on an “as available” basis. We may suspend or discontinue Our App (or any part of it) at any time. We do not guarantee that Our App will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our App (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.

    5. Access to our Premium Subscription is a paid for service and is arranged via either Google Play Store or the Apple App Store.

    6. Cancellation and any payment issues in respect of a Premium Subscription should be dealt with in accordance with the relevant Google Play Store or Apple App Store policies and procedures.

 

  1. Acceptable Usage Policy

    1. You may only use Our App a manner that is lawful and that complies with the provisions of this Clause 5.  Specifically:

      1. you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations.

      2. you must not use Our App in any way, or for any purpose, that is unlawful or fraudulent.

      3. you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

      4. you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

  2. When submitting Posts (or communicating in any other way using Our App including, but not limited to within the Community Chat Room), you must not submit, communicate or otherwise do anything that:

    1. is sexually explicit;

    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

    3. promotes violence;

    4. promotes or assists in any form of unlawful activity;

    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

    6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    7. is calculated or is otherwise likely to deceive;

    8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

    9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.2);

    10. implies any form of affiliation with Us where none exists;

    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

    12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

  3. We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this Clause 5 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

    1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site App;

    2. remove any Post(s) and/or Chat and/or Community Challenge submitted by you that breach(s) this Acceptable Usage Policy;

    3. issue you with a written warning;

    4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    5. take further legal action against you as appropriate;

    6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

    7. any other actions that We deem reasonably appropriate (and lawful).

  4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

  1. Changes to Our App

We may alter and update Our App (or any part of it) at any time. If We make any significant alterations to Our App (or any part of it), We will try to give you reasonable notice of the alterations.

 

  1. Changes to these Terms and Conditions

    1. We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. As explained above, your use of Our App constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our App the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our App.

    2. If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.

 

  1. International Users

Our App is intended for users in the United Kingdom only. We do not warrant or represent that Our App or its Content are available in other locations or are suitable for use in other locations.

 

  1. How You May Use Our App and Content (Intellectual Property Rights)

    1. With the exceptions of Posts, Community Challenges and Chat, all Content included on Our App and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise. All Content, including Posts, is protected by applicable United Kingdom and international intellectual property laws and treaties.

    2. Subject to the licence granted to Us under sub-Clause 10.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts, Community Challenges and Chat submitted by them (unless any part of such Posts, Community Challenges and/or Chat is owned by a third party who has given their express permission for their material to be used in the Post, Community Challenge or Chat).

    3. You may access, view, and use Our App in a web browser (including any web browsing capability built into other types of software or app) and you may download Our App (or any part of it) for caching (this usually occurs automatically).

    4. You may print one copy and download extracts of any page(s) from Our App for personal use only.

    5. You may download and save any Content from Our App (including Posts, Community Challenges and Chat) where We clearly indicate that it is available for download for personal use only.

    6. You may not modify the printed copies, downloaded extracts, or downloaded or saved Content in any way. Images, video, audio, or any other Content downloaded from Our App must not be used separately from accompanying text.

    7. You may not use any Content, Posts, Community Challenges or Chat (including, but not limited to that which you have saved or downloaded) from Our App for commercial purposes without first obtaining a licence from Us (or Our licensors, as applicable).

    8. You may not systematically copy, save, or download Content (including Posts, Community Challenges or Chat) from Our App with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database without Our express written permission.

    9. Unless expressly stated in these Terms and Conditions or on Our App, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including Posts, Community Challenges or Chat) from Our App without Our express written permission. For further information about the re-use of Content from Our App, please Contact Us using the details provided above in Part 3.

    10. Our status as the owner and author of the Content on Our App (or that of identified licensors, as applicable) must always be acknowledged.

 

  1. Community Forum Posts and messages via the Community Chat

    1. You may submit Posts to Our Community Forum(s) but a Premium Subscription is required to submit Community Challenges, to post images on the Community Chat and/or send direct messages via Chat (subject to the other recipient(s) consent).  Please refer to Clause 4 for more information.

    2. You agree that you will be solely responsible for your Posts, Chat and Community Challenges.  Specifically, you agree, represent and warrant that you have the right to use the content of a Post and/or Community Challenge and that any Post, Chat or Community Challenge you make will comply with the rules detailed in Clause 5.

    3. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 10.2.  You will be responsible for any loss or damage suffered by Us as a result of such breach.

    4. You (or your licensors, as appropriate) retain ownership of the content of your Posts and Community Challenges and all intellectual property rights subsisting therein.  By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our App and Community Challenge(s).  Other Users may also share your Posts and Community Challenges within Our App and otherwise in accordance with the provisions of Clauses 8, 9 and 10.

    5. If you wish to remove a Post, you may do so by Long Press on your text and select Delete.  Your Post will be deleted. Please note that caching or references to your Post(s) may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

    6. We may reject, reclassify, or remove any Posts Community Challenges and/or Chat submitted to or sent via Our App where, in Our sole opinion, the content of those Posts, Community Challenges and/or Chat breaches our Acceptable Use Policy detailed in Clause 5, or if We receive a complaint from a third party and determine that the Post(s), Community Challenge(s) and/or Chat(s) in question should be removed as a result.

    7. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts, Chat or Community Challenge submitted by You.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way

 

  1. Links to Our App

    1. Links to Our App must be fair and lawful. You must not take unfair advantage of Our reputation or attempt to damage Our reputation.

    2. You must not link to Our App in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).

    3. Your link should not use any logos or trademarks displayed on Our App without Our express written permission.

    4. You must not frame or embed Our App on a website without Our express written permission.

    5. You may not link to Our App from a website where the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.

 

  1. Links to Websites and Apps

    1. Links to websites and apps may be included on Our App. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites or apps.

    2. The inclusion of a link to a website or App on Our App is for information purposes only and does not imply any endorsement of that website or app or of its owners, operators, or any other parties involved with it.

 

  1. Advertising

We may feature advertising on Our App. We are not responsible for the content of any advertising on Our App including, but not limited to any errors, inaccuracies, or omissions in such advertising. Each advertiser is responsible for the content of their own advertising material.

 

  1. Disclaimers

    1. Nothing on Our App constitutes professional advice on which you should rely. It is provided for general information purposes only.

    2. To the extent permitted by law, We make reasonable efforts to ensure that the Content on Our App is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.

    3. If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our App and Content.

    4. The content of the Attachment below forms part of these Terms and Conditions.

 

  1. Our Liability

    1. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.

    2. If you are a business user (i.e. you are using Our App in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Content included on Our App.

    3. If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

    4. Our App is intended for non-commercial use only. If you are a consumer, you agree that you will not use Our App for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.

    5. If you are a consumer and Content (digital content) from Our App damages other digital content or a device belonging to you, where that damage is caused by Our failure to use reasonable skill and care, We will either compensate you or repair the damage.

    6. Note that the right to compensation or repair in Part 15.5 will be lost if the damage in question could have been avoided by following advice or instructions from Us to install a free patch or update; if the damage resulted from your failure to follow instructions; or if the minimum system requirements provided by Us for the digital content in question were not met.

 

  1. Viruses, Malware, and Security

    1. We exercise reasonable skill and care to ensure that Our App is secure and free from viruses and malware; however, We do not guarantee that this is the case.

    2. You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.

    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

    4. You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

    5. You must not attack Our App by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.

    6. By breaching the provisions of Parts 16.3 to 16.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our App will cease immediately in the event of such a breach.

 

  1. Acceptable Usage of Our App

    1. You may only use Our App in a lawful manner:

      1. You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;

      2. You must not use Our App in any way, or for any purpose, that is unlawful or fraudulent; and

      3. You must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.

  2. If you fail to comply with the provisions of this Part 17, you will be in breach of these Terms and Conditions. We may take one or more of the following actions in response:

    1. Suspend or terminate your right to use Our App;

    2. Issue you with a written warning;

    3. Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    4. Take further legal action against you, as appropriate;

    5. Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

    6. Any other actions which We deem reasonably appropriate (and lawful).

  3. We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 17.3) in response to your breach.

 

  1. How We Use Your Personal Information

We will only use your personal information as set out in Our Privacy Policy, available from https://www.gymchamp.co.uk/privacypolicy.

 

  1. Communications from Us

    1. If We have your contact details, We may send you important notices by email, text and/or Push notifications from time to time. Such notices may relate to matters including, but not limited to, changes to Our App or to these Terms and Conditions.

    2. We will not send you marketing emails, texts or Push notifications without your express consent. If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 28 days for your request to take effect and you may continue to receive emails during that time.

    3. For questions or complaints about communications from Us, please contact Us using the details above in Part 3.

 

  1. Law and Jurisdiction

    1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the laws of England and Wales.

    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 20.1 takes away from or reduces your legal rights as a consumer.

    3. If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

    4. If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

THE ATTACHMENT​

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  1. The Challenges

The challenges (referred to below as “Challenges”) that We provide will involve one or more of the following:

testing and assessment [(of, without limitation cardiovascular system, heart rate, muscle strength, body composition, endurance and flexibility)];

physical training;

exercise;

aerobics;

aerobic conditioning and training;

weight training;

circuit training;

cardiovascular exercise and training;

resistance exercise, use of machinery, training equipment, free weights, circuit machinery and cardiovascular machines;

stretching;

weightlifting;

goal setting;

exercise prescription;

nutrition advice;

weight loss;

muscle toning;

strength building;

development of training plans;

motivating, leading and instructing;

and any other training activities, techniques and/or exercises.

We make no warranty or representation that any particular result will be brought about as a result of taking part in any Challenge. Results will differ from client to client depending on various factors, including, without limitation, body type, and nutrition.

  1. Scope of what We provide

  1. Technology

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Training. We do not therefore take on any responsibility or accept any for any problem, loss or damage to any technology or other thing.

We will not be responsible or liable if You are unable to access any Challenge due to any failure or delay in performing Our obligations under these Terms and Conditions resulting from any cause beyond Our reasonable control. Such causes beyond Our reasonable control may include (but are not limited to):

  1. Where You are unable to resolve any technology; or

  2. Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or

  3. Failure of or defect in any delivery platform used by Us or You to make Challenges available to You; or

  4. Your inability to access Challenges due to failure of or defects in Our App etc.

  1. Gym Equipment etc

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We do not supply or arrange for You to use any other gym or other exercise or training equipment that You will need. All equipment that You will need will be at Your own cost.

 

  1. Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Training. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up to date.

  1. Fitness, Health and Safety

You acknowledge and agree that:

  1. Any Challenge may be physically strenuous.

  2. Certain particular or series of exercises or activities may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

  3. Due to the remote nature of Challenges, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during a Challenge You fall ill or have an accident.

  4. Whilst the trainer who provides each Challenge will be appropriately experienced and qualified as a fitness trainer and will be competent to set Challenges, We provide trainers subject to “(e)” below.

  5. Access to any Challenge is on the basis that it is subject to the following:

  • Our trainers are not medical or health professionals, and they do not have expertise to diagnose medical conditions or impairments;

  • Any advice provided by a trainer in respect of a Challenge does not constitute medical advice and is not a substitute for advice provided by a medical professional;

  • You voluntarily participate in a Challenge with full knowledge that even if a trainer involved in the Challenge is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise or activity and use of any equipment used by You;

  1. When You setup an Account, and also when You purchase any Premium Subscription, You confirm that you have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in any Challenge.

  2. You will ensure that You are fit and well enough to participate in any Challenge and that You will at all times be responsible for Your own state of health, physical condition and wellbeing.

  3. If You have any concerns about Your fitness or health, You will seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before participating in any Challenge.

  4. Where necessary, You must obtain clearance from a relevant professional medical or other adviser before You book or participate in any Challenge. We cannot and do not provide any such advice or clearance.

  5. We are not responsible for the content or accuracy of any Community Challenges and we do not warrant or imply that any Premium Subscriber is appropriately qualified to set a Community Challenge.  If You choose to participate in any such Community Challenge then You do so entirely at your own risk.

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