Conditions of Use
Welcome to Gyma Ltd
New Version – effective as of December 27, 2023
PLEASE READ THESE CONDITIONS OF USE CAREFULLY
Gyma Ltd Conditions of Use
Please read these Terms of Service (collectively with Gyma Ltd Privacy Policy, Community Guidelines and Copyright Dispute Policy, the “Terms of Service”) fully and carefully before using Gyma.fit (the “Site”) and the services as defined below, features, content or applications (together with the Site and the Services, the “Services”) offered by Gyma, Ltd. (“Gyma”, “we”, “us” or “our”). These Terms of Service set forth the legally binding Terms and Conditions for your use of the Site and the Services.
App:
means the Gyma software application designed to enable pre-bookable access for Members to Sports Facilities.
Gyma:
means Gyma Ltd of Achilleos 3, Strovolos, Nicosia, 2018.
Gyma Customer Service:
means in the event of any support required, the Member should contact via email at info@gyma.fit or the App online chat.
Means of Access:
means an eligible booking confirmation through the Gyma App using photo ID, scan Gyma QR code or any such other form of access as detailed by Gyma in writing from time to time at its sole discretion enabling a Member to attend Sports Facilities.
Member: means any person who participates in the Gyma App and is over the age of eighteen years old;
Remote Means of Access:
means an eligible booking confirmation through the Gyma App using photo ID or any such other form of access as detailed by Gyma in writing from time to time at its sole discretion enabling a Member to access an online live class remotely.
Sports Facilities:
means sports facilities which are operated by third party organisations and are available to Members under the App.
User:
A person visiting or using the Gyma App who is not yet a Member.
Conditions of Use:
The Member agrees that by using the App, the Member agrees to and accepts these Conditions of Use. These Conditions of Use will prevail over any other terms and conditions provided to the Member in relation to purchase, or use of, the App. Gyma reserves the right at all times to make any changes to these Conditions of Use. Customers agree that Gyma may provide notification by posting the Conditions of Use on the App website, and that Member use of the App constitutes agreement to the current Conditions of Use. Customers are advised to review these Conditions of Use prior to use of the App. Conditions of Use are effective as of the 25th December 2020 and will apply to use of the App from that point forward.
Terms:
These Conditions of Use set out the terms relating to the App and use of Sports Facilities access. The Sports Facilities will have their own specific terms which will be outlined in the Sports Facilities description on the Website. By using the Sports Facilities the Member is accepting the Sports Facilities terms. Please read the Sports Facilities terms carefully before using the Sports Facilities access. If necessary, the Sports Facility may require the Member to sign its own registration documents.
Termination of Sports Facilities Pass:
Gyma reserves the right at any time in its sole discretion and without notice to terminate the App. Where applicable a refund authorized by Gyma will be made provided revocation has not been made because of fraud or misuse by the Customer.
Documentation:
Use of Sports Facilities is conditional upon presentation of an eligible Means of Access, together with any additional identification required by the Sports Facilities (such as passport, national identity card or driving license if required).
Accessing the Gyma App.
The user must register their personal details and photo to access the Gyma App. One user may only register one member account on the App. Gyma may cancel or terminate a User’s member account if Gyma has reasons to suspect that the member has concurrently registered or is in control of two or more member accounts or uses another Member’s account to check in at the venue. Further Gyma reserves the right to reject a user’s application for registration for any reason.
No Assignment of Member ID to a third party:
Each Member shall be given a password which is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of their Member ID and password and for all use of and activities that occur under their account. No Member may share, assign, or permit the use of their Member account, ID or password by another person, even to other individuals within the member’s own personal and business entity. The Member agrees to notify Gyma immediately if he or she becomes aware of any unauthorized use of their password or account or any other breach of security of the Member’s account.
Authorisations by the Member:
The Member agrees that all use of the site, app and services and all activities that occur under their account (including without limitation clicking to accept any additional agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
Types of Membership:
The Member is obliged to pay the monthly fee chosen by her or him based on the membership chosen eg. Beginner or Regular or Pro as appropriate. The fee is charged to the Member on the day the Member chooses to pay and access to the App is immediate upon payment. Membership shall not be transferable or refundable although Membership can be upgraded at any time subject to Gyma approval. Upon payment of membership, the user becomes a registered Member and is able to access all the Sports Facilities on the Gyma app subject to the type of membership selected.
Obtaining the Means of Access:
Upon membership approval, Gyma will provide the Member with access to the full list of Sports Facilities in accordance with their membership and a Means of Access will be issued to the Member as appropriate.
Obtaining the Remote Means of Access:
Upon membership approval or if membership has previously been approved, Gyma will provide the Member with access to the full list of online classes in accordance with their membership and a Remote Means of Access will be issued to the Member as appropriate.
Advance Payment, Membership Renewal and Membership Upgrade.
The monthly membership fee of the Member must be paid in advance. The Member must ensure that the membership fee can be debited from her or his bank account on the first calendar day after the previous membership expired. If not, the membership will not be able to be used by the Member after the previous membership expired and the Member will not be able to obtain a Means of Access. If the Member wishes to upgrade their membership eg. from Beginner to Advanced, they can of course do this upon payment of the upgraded membership and the membership upgrade will take effect immediately and the Member will be able to reserve classes under their new membership upgrade. For example, if the Member has used up all their Means of Access in one week from their package, they do not have to wait three weeks in order to upgrade their membership but can do it immediately and start reserving classes ! For membership downgrades, the Member will need to wait till the current month expires in order to downgrade their membership.
Methods of Payment:
A Member can make payments using credit card or other payments methods available on the website (www.gyma.fit). The member authorizes the company to collect payments. If Stripe is shown on the Gyma website (www.gyma.fit) as a payment method, the Member authorizes Stripe to collect due payments on behalf of Gyma Limited. The Member can change their payment method anytime from the Gyma website or through the Gyma App.
Cancellations:
The Member should immediately cancel appointments that are booked which they cannot or don’t want to attend through Gyma at least 4 hours in most locations before attending the Sports Facility as Gyma will be invoiced by the Sports Facility regardless of member participation. In case of late or failed cancellation, the member is obligated to pay the amount of EUR 5.00 which will be invoiced to the Member separately. In the event of a failed cancelation, the Member may provide medical certificate if he or she failed to participate through no fault of their own.
No show fee:
The member in case of no-show at the location, is obligated to pay the amount of EUR 12.00 which will be invoiced to the Member separately. You can find more details and how to schedule the payment at FAQs page.
Honesty:
When registering, the user must be honest and provide truthful information about themselves and create a complete user profile with a profile photo which allows for clear identification of the Member by the Sports Facility. Registration under a fake name or incorrect address or email will not be allowed and you may not pass the membership approval.
Disclaimer:
Gyma operates as a platform users with various fitness and wellness facilities. While Gyma strives to facilate a seamless and enjoyable experience, users acknowledge and agree that Gyma is not a fitness facility and does not directly provide fitness services. Gyma is not responsible for the quality, safety or legality of the fitness services provided by partner facilities. The facilities listed on the Gyma platform are indipendent entities and any interactions, transactions or engageenets between users and these facilities are solely the responsibiliy of the repsective parties. By using Gyma users understand and accept that Gyma does not endorse, warrant or guarantee the fitness services offered by partner facilities. Users engage in fitness activities at their discretion and assume all associated risks. Gyma strongly encourages users to review and adhere to the Terms and Conditions of partner facilties, including any waiver forms or agreements that users consult with legal professionals if they have any questions about the terms, conditions or legal implications of using the Gyma platform. This disclaimer is subject to change and users are adviced to periodically review it for updates.
No personal liability:
Gyma Ltd has no personal liability for death or personal injury at any Sports Facility or when a Member attends any online class and the Member accepts these Conditions Of Use and any Terms And Condition of the Sports Facility to enter any Sports Facility or attend any online class at their own risk.
Database Consent.
Upon becoming a Member, she or he shall consent to the inclusion of their contact information in the Gyma database and authorises Gyma and any Sports Facility to share the contact information between themselves only to enable the enhancement of the Means of Access.
No Hardware or Software Violations.
Each Member further represents, warrants and agrees that they shall not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information on the Gyma App.
No unauthorized exposure of Gyma.
Each Member further represents, warrants and agrees that they shall not involve attempts to copy, reproduce, exploit or expropriate www.gyma.fit various proprietary directories, databases and listings.
Use of Sports Facilities.
When presenting the Means of Access on entering a Sports Facility, Members are required to inform Sports Facilities staff that they wish to enter the Sports Facilities using the App by referencing “Gyma Pass” and through a card/code reader for Gyma QR Code. Sports Facilities staff will verify eligibility to enter the Sports Facilities by checking the Means of Access visually, or otherwise entering the details into a secure system by contacting Gyma Customer Support. The electronic record of the Customer’s Means of Access will be considered valid evidence of the Member accessing the Sports Facility. A valid Means of Access entitles Members to access the Sports Facilities. If in the unlikely event, the Means of Access is not accepted by the Sports Facility, the Member must contact Gyma Customer Service who will respond to the Member and contact the Sports Facility immediately.
Use and expiry.
Use of the Sports Facilities access is non-transferable and Customers may only use the Sports Facilities access on the date and time shown on the Means of Access. Entry to a Sports Facilities outside of the date and time shown on the Means of Access shall be at the discretion of the Sports Facilities but in no event after fifteen minutes shown on the Means of Access. The Means of Access may not be used by any person other than the eligible Member named on the Means of Access.
Changes to Sports Facilities Access.
Gyma may amend the Means of Access at any time without notice in advance of such change. The Member may be notified by Gyma or by the Sports Facility of changes. Gyma is not liable for any costs the Member incurs as a result of failure to inform the Member of such changes and/or amendments.
Third Party Organisations:
Sports Facilities are owned and operated by third party organisations. The Member must abide by the rules and policies of each participating Sports Facility , and the Member accepts that provision of a Means of Access for a Sports Facility means that Gyma has no control over the number of people allowed in at any time, the facilities offered, the opening/closing times, the length of time which a Member may spend in the location, any charges payable above and beyond those included in the Sports Facilities access eg for beverages or clothing merchandise. Gyma will use reasonable endeavours to ensure the Sports Facilities access is available as advertised, but the Member accepts that Gyma does not warrant nor guarantee in any way that any or all of the classes or events advertised at the Sports Facility will be available at the time of the Member's visit. In such a case, the Member should contact Gyma Customer Service.
Third Party Links and Websites:
The App website may contain links to websites, offers or Apps that are operated or owned by third parties that are not part of, or controlled by Gyma. Gyma accepts no responsibility for the content of any such third party websites, or in relation to use of any Sports Facilities or the redemption of any offers by third parties. Gyma shall not be liable for any loss or damage that may arise from the Customer’s use of any third party websites, offers or apps.
Cookies.
The App Website allows us to collect standard internet log information so that we can track a user or Member’s behavioural patterns. Gyma does this to find out things like how many Users have visited a particular page, how long Users or Members are on a particular page or how long Users or Members spend on different parts of the App. This helps Gyma to improve its website and to plan future events. Gyma also uses cookies to make certain parts of the App work for instance when making a membership purchase when we need to know who you are. Any User or Member can delete existing cookies and block new ones from the Gyma App but this may mean that part of the Gyma App will not work for you.
Deleting and Blocking Cookies.
Most modern web browsers can now give any User or Member control over cookies. Any User of Member can set their web browser in order to accept or reject specific cookies. Any User or Member may also be able to set their browser to alert them every time a cookie is offered.
Loss:
The Member accepts that Gyma is not liable for any direct or indirect loss to the Customer, arising from the provision or non-provision (whether in whole or in part) of any of the advertised Sports Facilities. The Member accepts that Gyma is not liable for any loss or personal injury suffered inside any of the Sports Facilities by any person who has entered via the App.
Personal Belongings:
To the fullest extent allowed by law, Gyma accepts no responsibility for the actions of the Member when using any Sports Facilities access eg leaving items in a locker, and shall not be responsible for any personal belongings brought into a Sports Facilities by a Member.
Lost, Stolen or Damaged Means of Access:
Gyma shall not be responsible for replacing any lost, stolen, damaged, or otherwise non-functional Means of Access eg. the Member has lost their mobile phone, and shall not be liable for any inability of a Member to access the Sports Facilities during any period that any Means of Access is being replaced or updated at the Member’s request.
Cancellation of Membership:
Your monthly membership shall be a rolling membership. Membership cancellations can be cancelled at any time. You can also see in your Account at any time how long the current period of thirty(30) days remains.
Refunds:
Gyma will not refund Customers for any unused Means of Access or Remote Means of Access for whatever reason however occurred. Gyma reserves the right to immediately cancel, without refund, any Means of Access or Remote Means of Access which is found to be in breach of these Conditions of Use.
Indemnity:
The Member agrees that she/he will defend and indemnify Gyma and its directors, officers, shareholders employees and agents (collectively 'the indemnified parties') against and hold each indemnified party harmless from all liabilities, damages, losses, claims, suits, judgments, costs and expenses (including reasonable legal fees) for injury to or death of any person or damage to or destruction of any property arising out of the use of any Sports Facilities access by the Member or any other person accompanying the Member, except that such indemnification shall not extend to acts of gross negligence or willful misconduct by the indemnified parties.
Tax Liability:
Gyma makes no representations as to any income, use, excise or other tax liability of a Member as a result of their Sports Facilities access. Customers are advised to check with their accountant or tax adviser for further information. The Member is solely responsible for any tax liability as a result of purchasing or using a Sports Facilities access.
Personal Data:
By participating in the App, the Member consents to any personal data being used in accordance with the Privacy notice, available at gyma.fit/privacy-policy.
Complaints:
Gyma is not responsible for any disputes or claims that may occur between the Member and the Sports Facility, nor for any losses, costs, damages, or expenses incurred. Any claims, issues or complaints arising out of or in connection with the App regarding Sports Facilities access should be dealt with by Gyma and made within three days of the Sports Facilities visit via one of the channels listed. Gyma aims to answer the Member’s query within five working days of receipt. If Gyma is not able to respond to a complaint within five working days, Gyma will send an acknowledgement letter to keep the Member informed of the progress Gyma is making. To make a complaint the Member can contact Gyma Customer Service.
Monitoring:
Gyma is constantly trying to improve the services it provides to users or Members therefore we may occasionally monitor Member’s location to maintain and enhance our services.
Jurisdiction:
To the extent permissible by local law or regulation, these Conditions of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus, and Gyma and the Member shall submit to the exclusive jurisdiction of the District Court of Nicosia to resolve any disputes that arise out of them.
Enforceability:
Any provision of these Conditions of Use declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions of these Conditions of Use.
Conflict:
If there is any conflict in meaning between the English language version of these Conditions of Use and any version or translation, the English language version shall prevail.
Change & Location:
We have the right to change these Conditions of Use at any time. The amended Terms will only take effect after we have communicated them to you or published them (for example on our Website or App). We will also always indicate the period within which the amended Conditions Of Use will take effect. The amended Conditions Of Use supersede all previous versions of our general Conditions Of Use. Do you not agree with a change to the general Conditions Of Use proposed by us? Then cancel your Membership with us by the date on which the amended Conditions Of Use take effect. You can cancel your Membership via our Website or App or in writing by sending a message to our customer service.