TERMS OF USE

Last revised on 30/08/2021

Welcome to Gymscanner. If you live in Romania or European Union, these Terms of Use are between you and:

Gymscanner Srl
Mun. Iasi, str. Sărărie nr. 43,
Spațiul C2, camera 2, jud.
700083, Iași
Romania

If you live in Kuwait or the countries of the Gulf Cooperation Council (G.C.C.), these Terms of Use apply between you and:

Gymscanner General Trading Co.
Zawya Complex, Floor 2,
Ibn Khaldoun Street,
Hawally, Kuwait

Outside the European Union and the G.C.C., the agreement is between you and Gymscanner Srl, Romania.

The terms (“us”, “we”, the “Company” or “Gymscanner”) refer to Gymscanner General Trading Company or Gymscanner Srl based on your country of residence. A full list of terms is provided at the end of this document.

  1. Acceptance of Terms of Use Agreement.

By creating a Gymscanner account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy PolicyCookie Policy, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and, also on www.gymscanner.com, and you should regularly check for the most recent version. The most recent version is the version that applies. Furthermore, only the English version of terms of use, privacy policy and cookies is considered the prime version. All translated versions emanate from the English versions, and should any clause or term be lost in translation, no damages can be claimed from the translated version.  If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

Through the website and mobile apps we, Gymscanner, provide an online platform through which all types of fitness centers and fitness individuals (for example, gyms, personal trainers) can display their services and facilities, and through which visitors to the website and app can make such reservations. By making a reservation through Gymscanner, you enter into a direct (legally binding) contractual relationship with the facility / service provider which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the facility / service, transmitting the details of your reservation to the relevant facility / service provider and sending you a confirmation email for and on behalf of the facility / service provider.

When rendering our services, the information that we disclose is based on the information provided to us by the facility / service providers. As such, the facilities are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each facility / service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any facility / service made available.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

  1. Eligibility.

You must be at least 18 years of age to create an account on Gymscanner and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Gymscanner,
  • you are not a person who is barred from using the Service under the laws of the EU or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, and
  • you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
  1. Your Account.

In order to use Gymscanner, you may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Gymscanner, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

  1. Modifying the Service and Termination.

Gymscanner is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you may need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. Gymscanner may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Gymscanner: Section 4, Section 5, and Sections 12 through 19.

  1. Safety; Your Interactions with Other Members.

Though Gymscanner strives to encourage a respectful member experience, it is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other members, vendors or service providers.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT GYMSCANNER DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. GYMSCANNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.

  1. Rights Gymscanner Grants You.

Gymscanner grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Gymscanner and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without Gymscanner’s written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Gymscanner’s prior written consent.
  • express or imply that any statements you make are endorsed by Gymscanner.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without Gymscanner’s prior written authorization.
  • use meta tags or code or other devices containing any reference to Gymscanner or the Service (or any trademark, trade name, service mark, logo or slogan of Gymscanner) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
  • use, access, or publish the Gymscanner application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

  1. Rights you Grant Gymscanner.

By creating an account, you grant to Gymscanner a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”). Gymscanner’s license to your Content shall be non-exclusive, except that Gymscanner’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Gymscanner would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Gymscanner can prevent the use of your Content outside of the Service, you authorize Gymscanner to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Gymscanner members).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Gymscanner above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Gymscanner allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Gymscanner regarding our Service, you agree that Gymscanner may use and share such feedback for any purpose without compensating you.

Please be informed that Gymscanner may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Should you use Facebook to login or create your account on Gymscaner, you authorize us to access information about your profile such as, but not limited to, you name, age, gender, location etc. This information may be used to create your account on Gymscanner. However, you are free to edit this information by accessing your profile settings.

The use of our service will also require you to disclose your geo-location, latitude + longitude coordinates which will vary with your movement. For more details, please read our privacy policy.

  1. Community Rules.

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • use the Service for any harmful or nefarious purpose
  • use the Service in order to damage Gymscanner
  • spam, solicit money from or defraud any members.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk”, intimidate, assault, harass, mistreat or defame any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic.
  • post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person’s personal information without his or her permission.
  • use another member’s account, share an account with another member, or maintain more than one account.
  • create another account if we have already terminated your account, unless you have our permission.

Gymscanner reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Gymscanner regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

  1. Other Member’s Content.

Although Gymscanner reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and Gymscanner cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.

  1. Purchases.

Generally, Gymscanner may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Gymscanner direct billing or other payment platforms authorized by Gymscanner. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Apple Pay) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Gymscanner or the third party account, as applicable, to charge you.

Objections to a payment already made should be directed to Customer support if you were billed directly by Gymscanner or the relevant third party account such as iTunes. You are also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.

Deleting your account on Gymscanner or deleting the Gymscanner application from your device does not terminate or cancel your subscription; Gymscanner will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Gymscanner or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Prices

The prices on our site and app are highly competitive, but we make no guarantees of best price listings. All prices on the Gymscanner website are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on our website or the confirmation email.

Sometimes cheaper rates are available on our website for a specific use at an facility / service premises, however, these rates made by facilities may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the rate details thoroughly for any such conditions prior to making your reservation.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary. Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such.

Additional Terms that apply if you pay Gymscanner directly with your Payment Method. If you pay Gymscanner directly, Gymscanner may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Gymscanner may terminate your account immediately in its sole discretion.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the EU Zone, you agree that your payment to Gymscanner will be through Gymscanner Srl.

Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within 3 days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. We may also make an exception for a refund if the gym or fitness trainer where you purchased the subscription from allows for refunds after 3 days from the date of purchase without using any session. If you have a used a session at the gym or personal trainer, no refunds will be issued thereafter. To avail a refund within 3 days of your purchase and not having used a single session, please contact Gymscanner customer support with your order ID, name and mobile number.

If you made a purchase using your Apple ID, refunds are handled by Apple, not Gymscanner. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you made a purchase using your Google Play Store account or through Gymscanner directly: please contact us with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Gymscanner (you can find this in your order confirmation email). Please also include the email address or mobile number associated with your account along with your order number.

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

Cancellation

By making a reservation with a facility or service provider, you accept and agree to the relevant cancellation and no-show policy of that facility, and to any additional (delivery) terms and conditions of the facility / service provider that may apply to your reservation or during your subscription, including for services rendered and/or products offered by the facility / service provider (the delivery terms and conditions of a facility or service can be obtained with the relevant facility or service provider). Please note that certain rates or special offers are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the facility / service and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the facility / service provider agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and contact Gymscanner accordingly. Please note that you may be charged for your cancellation in accordance with the facility / service provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount.

  1. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to [email protected], or via mail to the following address:

Copyright Compliance Department c/o Gymscanner Srl
Mun. Iasi, str. Sărărie nr. 43,
Spațiul C2, camera 2, jud.
700083, Iași
Romania

Gymscanner will terminate the accounts of repeat infringers.

  1. Disclaimers.

GYMSCANNER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GYMSCANNER DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

GYMSCANNER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

GYMSCANNER BEARS NO RESPONSIBILITY FOR ANY INJURY CAUSED DUE TO USE OF ANY EQUIPMENT, EXERCISE OR CIRCUIT AT A LISTED GYM, WITH A PERSONAL TRAINER OR ANY EXERCISE DONE AT HOME. CONSULT A LICENSED PHYSICIAN BEFORE STARTING ANY DIET OR EXERCISE REGIMEN. GYMSCANNER WILL NOT BE HELD RESPONSIBLE AT ANY ACCIDENT, INJURY CAUSED DUE TO USE OR MISUE OF ANY FITNESS EQUIPMENT AT A LISTED GYM, OR ANY INJURY CAUSED WHEN WORKING OUR WITH A PERSONAL TRAINER LISTED ON THE SERVICE.

  1. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Gymscanner is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Gymscanner is not responsible or liable for such third parties’ terms or actions.

  1. Reviews and Ranking

Gymscanner.com does not rank facilities in any fashion and the listing of gyms, fitness centers, personal trainers in any order is not to be understood as a ranking system of any sort.

The completed user review may be (a) uploaded onto the relevant facility / service provider’s page on our website and app for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the facility / service provider, and (b) (wholly or partly) used and placed by Gymscanner at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website, app or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Gymscanner. We reserve the right to adjust, refuse or remove reviews at our sole discretion.

All customer / user reviews are the opinions and views of the customers themselves and Gymscanner does not endorse / share / support any customer review whatsoever. No user, facility or service provider can demand / expect / claim any measure of compensation from Gymscanner due to a negative review posted on Gysmcanner. By registering on Gymscanner.com, you agree to hold Gymscanner harmless and free of all and any liability whatsoever of user / customer review and any negative impact this may have on your business.

  1. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GYMSCANNER, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF GYMSCANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GYMSCANNER’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO GYMSCANNER FOR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

  1. Governing Law.

For members residing in the EU or European Economic Area or elsewhere, the laws of Bucharest, Romania, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Romania governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

  1. Venue.

Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Gymscanner that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Bucharest, Romania. You and Gymscanner consent to the exercise of personal jurisdiction of courts in Bucharest, Romania and waive any claim that such courts constitute an inconvenient forum.

  1. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Gymscanner, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

  1. Entire Agreement; Other.

This Agreement, along with the Privacy PolicyCookie Policy, and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and Gymscanner regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Gymscanner account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Gymscanner in any manner.

    20. Vendor Agreement of Cooperation

Terms:
– gyms and personal trainers are referred to as vendors
– gym memberships, personal training plans, gym tourist passes, event tickets are collectively referred to as plans
We: Gymscanner.com / Gymscanner Srl / Gymscanner Inc.

– As a vendor on Gymscanner, gyms and personal trainers agree to the terms of use privacy policy and cookies policy.
– All vendors are assigned a unique vendor ID that is obtained on signup at https://vendor.gymscanner.com
– The possession of a Gymscanner vendor ID alone does not mean vendors will be able to sell gym memberships, fitness trainer plans or any of the services listed on Gymscanner.com website or mobile apps.
– Vendor plans are only eligible to displayed or sold on Gymscanner mobile apps and website after approval by Gymscanner.com.
– Approval of vendor plans on Gymscanner mobile apps and websites will be confirmed to the vendor by an official email from [email protected] which will be followed by a cooperation of agreement contract that will be uploaded to the vendor’s dashboard.
– Gymscanner.com reserves the right to refuse vendor gym membership plans or personal training at any time and may deactivate vendor profile if found to be in violation of Gymscanner’s terms of use, privacy policy or community guidelines.

Summary of Terms

You must read and agree to our Terms of Use (the “Agreement”) because it forms the binding contract between you and Gymscanner. However, we’ve provided this short summary for your convenience (with capitalized terms defined in the Agreement).

Acceptance
 By using the Service, you agree to this Agreement, our Privacy Policy and Cookie Policy, and any terms that apply to in app purchase you make.

Eligibility
You must be at least 18 to use the Service and not prohibited by law from using the Service.

Facility
All gyms, fitness centers, yoga studios, cross training boxes and physical locations are referred to as facility.
Personal trainers are referred to as service providers.

Your Account
If you use Facebook to access Gymscanner, you must authorize us to access certain information from Facebook to use Gymscanner. You agree to keep your account secure and confidential.

Modifying the Services; Termination
We may modify the Services at any time or discontinue them altogether. You can terminate your account in Settings, and we reserve the right to terminate it for you if you violate this Agreement or if we deem your use of the Service to be inappropriate.

Safety
Gymscanner is not responsible for the actions of its users or your interactions with them, and we don’t conduct background checks. Be careful and be sure to read and follow our Safety Tips on interacting with people on or off of Gymscanner.

Rights
Gymscanner grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant Gymscanner the right to display your profile and Content for the limited purpose of Gymscanner operating the Service and researching and developing new ones.

Rules
See the Agreement for a list of the rules you agree to abide by when you use Gymscanner, such as not soliciting money from other users, harassing other users or using the Service for any illegal purposes.

Copyright
If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our Copyright Agent following instructions in the Agreement.

Disclaimers
Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.

Limitation of Liability
To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees you pay us.

Arbitration
Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action.

Governing Law; Venue
EU law applies to this Agreement. Actions for disputes relating to this Agreement must be brought in Bucharest, Romania, or in their country of residence in the EU for residents of the EU and rest of the world.

For the residents of the Gulf Cooperation Council, (G.C.C.), Kuwait law applies and all disputes must be brought before a court of commercial arbitration in Kuwait.

Indemnity
You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.