Terms & Conditions
1. Scope
1.1 The online portal GO GYM for modern online fitness training is an offer of GO Gym (hereinafter: “GO Gym”).
1.2 These General Terms and Conditions (“GTC”) apply to the contractual relationship between GO Gym and the user (hereinafter: “User” or “You”) for the use of this offer. Even if GO Gym does not expressly object to deviating GTC of the User, such shall not become a part of the contract.
2. Close of Contract and Contractual Relationships; Registration Prerequisites; Change of the GTC
2.1 The prerequisite for the use of GO Gym’s offer (service packages subject to cost and/or free trial offers or other services) is that the User registers with GO Gym. GO Gym can offer free try-outs of GO Gym’s contents or services during a trial period either in the form of independent offers or upon free registration, or in combination with closing a contract for a service package subject to cost. Irrespective of any agreements providing otherwise, there is no entitlement to a free trial.
2.2 The contract will become effective by GO Gym’s confirmation of the User’s registration (“Registration”) or GO Gym’s acceptance of the User’s order. GO Gym can also confirm the registration or accept the User’s order by activating the respective offer. GO Gym will confirm the order of a service package subject to cost in accordance with the legal regulations; this order confirmation does not constitute an acceptance of the order yet.
2.3 The terms of the contract will not be stored by GO Gym for the User, without prejudice to the statutory information requirements.
2.4 The User must have unrestricted contractual capacity or must act with the agreement of his/her legal representative. The User must have completed at least his/her 14th year in all cases.
2.5 GO Gym has the right to change these GTC if the User agrees to the change. The User’s agreement will be deemed given if GO Gym has informed the User in text form of the proposed change to the GTC, at the latest six weeks before the proposed date for their taking effect, and if the User has not objected to them in text form within 6 weeks thereafter. GO Gym undertakes to inform the User in the notice of the change of the respective changes and by means of a separate, emphasized reference to the effective approval in consequence of omitted timely objection.
3. Scope of Service
3.1 Insofar as a contract has been concluded for a service package subject to cost, GO Gym shall provide the agreed services. Where GO Gym provides contents and/or services beyond this on a voluntary basis, this will be done without assumption of any legal obligation to do so and GO Gym shall be entitled to modify, expand or limit these services at any time.
3.2 The User is permitted to access agreed contents of GO Gym generally with limitation to the region of the United Kingdom. Upon the taking force of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, the use also during a temporary stay of the User in a Member State of the European Union other than his/her own residential Member State is permitted, provided that the conditions for this cited in Regulation (EU) 2017/1128 are fulfilled and the customer tolerates and enables beforehand the validation of the Member State in which he/she maintains his/her residence (also repeatedly) in accordance with Regulation (EU) 2017/1128 and the applicable data protection regulations. It is pointed out that the technical quality during the retrieval of the contents in other European countries can differ negatively compared to the domestic quality.
3.3 GO Gym assures a 99% availability of its online offer calculated on the calendar year. GO Gym’s calculation leaves any outages outside of consideration, which occur because of necessary maintenance work or due to acts of god, technical failures of the internet or for any other reasons outside of GO Gym’s responsibility.
3.4 GO Gym does not undertake to make data backups for the User and does not extend any assurances, guarantees or warranties beyond the legal regulations, unless agreed otherwise in the individual case.
4. User’s Duties and Obligations, Prohibited Behaviour
4.1 The User may use GO Gym’s offer exclusively for his/her private purposes. Commercial or business use is prohibited.
4.2 The User undertakes to provide information truthfully and completely and to keep this information up to date during the term of the contract by adjusting the information or notifying GO Gym.
4.3 Only one registration may be maintained per person.
4.4 The User is obligated to keep his/her login data secret and not to pass it on to third parties. It is prohibited to provide third parties a possibility to use the registration and/or a service package subject to cost.
4.5 The User is obligated to observe the existing copyrights and other rights on the contents of service packages subject to cost and the other contents in GO Gym’s offer. He/she may not reproduce, disseminate or make these contents publicly accessible or remove any technical protection measures or copyright markings or rights symbols, unless this is expressly permitted.
4.6 The User is obligated to make hard and software and a broadband internet connection for the retrieval of the agreed contents or services from the offer of GO Gym available at his/her own cost.
4.7 If You are suffering from diabetes or if You are pregnant or suffer from abnormal obesity, You may use GO Gym’s offer for training only if a physician has confirmed to You that the training is harmless.
5. Terms of Payment, Delay, Offsetting and Right of Withholding
5.1 All agreed compensation is understood including the statutory value added tax. Shipment costs will not be incurred. GO Gym is entitled to transmit electronic invoices.
5.2 If payment in one complete sum for a certain period has been agreed, the total sum shall be due in the beginning of the period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
5.3 Payment is permissible exclusively using the agreed payment instrument. By agreeing to the direct debit procedure, the User authorizes GO Gym to collect payments owed by him/her from the indicated account of the User.
5.4 The User shall have a right to offset only to the extent that his/her counter claim against GO Gym has been found valid by final and absolute judgment or if it is uncontested or acknowledged. The user shall have a right of withholding only if and insofar as his/her counter claim is based on the same contractual relationship.
5.5 If a user does not fulfil a due payment obligation to GO Gym, GO Gym will have the right to block the User’s access temporarily until the owed payment is received, after giving prior warning and without prejudice to further statutory and contractual rights. In that case, the term of the contract shall remain unaffected by the temporary block.
5.6 The User shall refund GO Gym for the losses and required expenses (e.g. cost of return debits), which are incurred by GO Gym due to absent or belated payment by the User or other disruptions to the payment by the User (e.g. a lack of funds on the account in breach of duty in case of a direct debit mandate), unless the User has no fault in these instances.
6. Term of Contract, Automated Extension, Pausing, Termination
6.1 The contract for a service package subject to cost will be valid for the respectively agreed term. After its end, it will respectively prolong automatically by the agreed term of the contract, whereas at most for one year, unless the User or GO Gym terminate the contract in observation of the following period: three days before the end of the respectively current term. In deviation thereof, the contract can be terminated by both Parties at any time during the free trial period; in that case, a contract on any service package subject to cost that may have been ordered in conjunction with this free trial period will also end, i.e. no contract period subject to cost will follow to this free trial period.
6.2 Termination requires the written form for validity. The User can also declare termination online using the relevant feature provided for this purpose in the user account.
6.3 The statutory right of both Parties of extraordinary cancellation for good cause remains unaffected. Cause for extraordinary cancellation is given for GO Gym in particular if the User intentionally provides false information in the course of the registration or order and/or later change of his/her data, or if he/she has repeatedly violated the GTC, provided that GO Gym has given warning regarding the observation of the User’s relevant contractual duty without success before the extraordinary cancellation (warning).
6.4 Insofar as GO Gym offers and agrees with the User on a free trial period for a service package subject to cost, the agreed contract period for the service package subject to cost shall prolong accordingly; in that case, the extended period will run first (if applicable, with an ordinary right of special cancellation by the User where agreed) followed by the regular term of the service package subject to cost.
6.5 If the User has signed a contract for a service package via GO Gym’s website (i.e. this does not apply to the purchase via apps or the app store provider, e.g. Apple /iTunes, Google, Amazon) and for as long as the User is not in default of fulfillment of his/her contractual obligation, he/she can pause the service package subject to cost up to two times for a total period of at most 60 days within 365 consecutive days by activating the relevant setting provided for this purpose in his/her user account. In that case, he/she will not be able to use the service package subject to cost during the suspended period and the term of the service package subject to cost will prolong by the time of the pause as agreed.
7. Liability
7.1 GO Gym shall be liable for the User’s contractual and other claims on the merits exclusively for losses of the User (1) which have been caused intentionally or gross negligently by GO Gym, its legal representatives or vicarious agents, (2) which are due to an injury to life, body or health in result of a breach of duty by GO Gym or one of its legal representatives or vicarious agents, (3) in cases of liability pursuant to the Product Liability Act, the assumption of a guarantee or for fraudulent deceit, and (4) which have been caused by the breach of a duty the fulfilment of which makes the correct execution of the contract possible in the first place and the fulfilment of which the User regularly relies and may rightly rely upon (so-called cardinal duty).
7.2 In cases of (1), (2) and (3) of the above paragraph, GO Gym shall be liable for unlimited amount. For the rest, liability shall be limited to the predictable damage that is typical for the contract.
7.3 In cases other than the ones named in para. 1 and para. 2, and irrespective of the next paragraph, GO Gym’s liability is excluded regardless of the legal reason.
7.4 The aforestated liability limitations shall apply accordingly to all bodies, employees and vicarious agents of GO Gym. They do not cause a change in the statutory burden of proof.
8. Final Provisions, Miscellaneous
8.1 No verbal or written side agreements exist.
8.2 If individual provisions of these GTC or the concluded contract should be or become fully or partly invalid in other respects, the remaining contract shall stay in full force and effect. The statutory provision shall replace the invalid provision.
8.3 UK law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall apply in relation to consumers, however, only insofar as the protection is not withdrawn that is granted by compulsory provisions of the law of the state in which the consumer maintains his/her place of habitual abode.
8.4 The place of jurisdiction agreed for all disputes arising from the contractual relationship between the User and GO Gym is the place of GO Gym’s registered office if the User is a merchant, a legal entity of public law or a public-law investment fund. Irrespective thereof, GO Gym retains the right to sue the User also at its statutory place of jurisdiction.
8.5 In the case of complaints about GO Gym, the User can contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/
8.6 GO Gym is not obligated and not willing to participate in dispute resolution procedures before a consumer mediation office.
– END OF THE General Terms & Conditions –
Instruction on revocation
If you are a consumer, you have the following right of revocation:
Right of revocation
You have the right to revoke this contract without a statement of reasons within 14 days.
The right of revocation is valid for 14 days from the day of the conclusion of the contract.
To exercise your right of revocation, you Have to inform us (GOGym) by an unambiguous declaration (e.g. a letter sent by mail or by email) of your decision to revoke this contract.
It is sufficient for observation of the revocation deadline if you send the notice on the exercise of the right of revocation before expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we shall return all payments to you that we have received from you, including delivery costs (except for the additional costs arising for the reason that you have chosen a different kind of delivery than the most affordable standard delivery offered by us), without delay and at the latest within 14 days as of the date on which the notice of your revocation of this contract was received by us. We will use the same payment method for this repayment as you have used in the original transaction, unless it was explicitly agreed otherwise with you; in no case will any fees be charged to you for this repayment.
Exercise Disclaimer
Exercise is not without its risks and this exercise and this or any other exercise programme may result in injury. They include but are not limited to risk of injury, aggravation of a pre existing condtion or adverse effect of over exertion such as muscle strain, abnormal blood pressure, abnormal blood sugar, fainting, disorders of heart beat and the very rare occasion of heart attack. To reduce the risk of injury before beginning this or any exercise programme please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. Go Gym disclaims any liability from and in connection with the exercise classes. As with any exercise if at any point during your workout you begin to feel faint dizzy or have physical discomfort you should stop immediately and consult a physician.
If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at support@gogym.co.uk
Disclaimers for Go Gym
All the information on this website is published in good faith and for general information purpose only. Go Gym does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (Go Gym), is strictly at your own risk. will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
Consent
By using our website, you hereby consent to our disclaimer and agree to its terms.
Update
Should we update, amend or make any changes to this document, those changes will be prominently posted here.