"Gyymi.com", “Gyymi” "us", "we" or "our" means Gyymi Pty Ltd a limited liability company incorporated under the laws of New South Wales, Australia, with ABN 416 2466 5934. "Gyymi Platform" means the website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Gyymi.
2. The Gyymi Platform
3. Use of the Gyymi App
4. Terms for Gyms
Gyymi reserves the right to request that you alter your listing and add/remove information / limitations / images to ensure conformity with the Gyymi Platform, this right falls solely within the discretion of Gyymi.
As a Gym, you are required obtain and keep current the appropriate insurance cover which is legally required in the Country/State where your Gym is located at all times whilst using the Gyymi Platform. Accordingly, you warrant that you are appropriately covered and will ensure that you will remain appropriately covered at all times whilst you are a Registered User. For further terms relating to insurance, refer to Clause 10.
5. Terms for Personal Trainers
6. Gyymi Credit Card and mobile payment conditions
8. Acceptance, Cancellation, Modification or Refunds
1. You agree to make arrangements for use of a Registered User’s Gym only through the Gyymi Platform.
2. Gyymi may cancel a booking for Gym Services if it is unable to take a pre-authorisation on Your Card or unable to collect payment instalments that are payable for a long-term booking. Further to this, in certain circumstances, Gyymi may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions
3. In the event that a PT cancels a booking, charges for cancelled / unused time may apply.
3.1.1. Cancellations can be made free of charge up to 24 hours before a gym session starts.
3.2.2. If a PT cancels the booking outside the above period, that time is subject to the cancellation policy outlined below:
TIME OF CANCELLATION
Less than 24 hours before the gym session start time
Over 24 hours before the gym session start time.
Only the booking fee and credit card processing fee will be charged
4. Gyymi may at its sole discretion, keep the calendar for the Gym Services unavailable or blocked for the dates of the cancelled booking, and/or impose a cancellation fee, in instances where the Gym doesn’t have a legitimate reason for cancelling the Gym Session.
9. Property Damage
1. To the extent permitted by law, you agree that the entire risk arising out of your access to and use of the Gyymi Platform and the resultant use of a Gym and or allowing access to a PT remains with you. Gyymi’s directors, officers, representatives, employees, subsidiaries, affiliated companies, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the Gyymi Platform and its contents will not be liable for any:
1.1.1. incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services.
1.1.2. inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Registered Users as made available on the Gyymi Platform.
1.1.3. services rendered or products offered by the Registered Users.
1.1.4. Injury (incl. personal injury), death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to acts (incl. legal acts), errors, breaches, negligence (incl. gross negligence), wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Registered Users.
2. Gyymi is not responsible (and disclaims any liability) for the validity, use, suitability, quality and disclosure of the Gym Services and does not warrant the state and/or suitability for a particular purpose. You acknowledge and agree that the relevant Gym is solely responsible and assumes all responsibility and liability in respect of the Gym Services. Gyymi is not a (re)seller of the Gym Services. Complaints or claims in respect of the Gym Services are to be dealt with by the Gym and the PT directly. Gyymi is not responsible for any liability in respect of such complaints, claims, and liabilities.
1. You hereby agree to release, protect, indemnify, defend and hold harmless Gyymi and its affiliates and their respective officers, employees and agents from all claims, losses, damages, costs (including legal costs), expense and liabilities of every kind and nature resulting from:
1.1. loss of or damage to owned or rented property, facilities, material, equipment and/or tools arising directly or indirectly out of or in connection with the use of the Gyymi Platform;
1.2. personal injury, including fatal injury and disease, arising directly or indirectly out of or in connection with the use of the Gyymi Platform;
1.3. your interaction with any user, participation in Gym Services or completion of any session, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use.
1.4. your breach of these Terms or any Gyymi policies or standards as updated from time to time;
1.5. your improper use of the Gyymi Platform or any Gyymi Services; or
1.6. your breach of any laws, regulations or third-party rights without regard to the cause or causes thereof, including, without limitation, the fault or negligence (whether sole, concurrent, active, passive or otherwise) or breach of duty (statutory, contractual or otherwise) of either party or any other person or entity.
14. Apple App Store Provisions (IOS)
15. Google Provisions
16. Intellectual Property and Content Provisions
1. Gyymi reserves the right to enable Registered Users to upload, create, send, post, store and receive content, such as pictures, text or video through the Gyymi Platform ("User Content"). Once the User Content is on the Gyymi Platform, Gyymi may (ii) view, access and use User Content at its sole discretion.
2. All Gyymi Platform users grant Gyymi a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to any User Content submitted by uploading, posting, creating, sending, receiving, storing, or otherwise making available through the Gyymi Platform. Gyymi may use, store, access, modify, copy, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content.
3. You represent and warrant that you are the sole and exclusive owner of all User Content made available through the Gyymi Platform, or that you have all rights, licenses, consents and releases that are necessary to grant to Gyymi the rights in and to such User Content.
4. You agree to not submit any User Content that:
5. Gyymi reserves the right to remove or disable access to any User Content that Gyymi finds to be in violation of these Terms or or otherwise may be harmful to Gyymi, its Users, third parties, or property.
6. In addition to the User Content, the Gyymi Platform comprises Gyymi content which may wholly or partly be protected by copyright, trademark, and/or other laws of Australia and other any other countries where the Gyymi Platform is used.
7. As a Registered User, you agree that the Gyymi Platform, comprising of both Gyymi Content and User Content including all associated intellectual property rights, are the exclusive property of Gyymi and/or its licensors or authorizing third-parties. You undertake not to change, alter or remove any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Gyymi Platform. All trademarks, trade names, logos and/or service marks of Gyymi are trademarks or registered trademarks of Gyymi in Australia and abroad.
8. Trademarks, trade names, logos or service marks and any other proprietary designations of Registered Users or third parties which are used on or in connection with the Gyymi Platform are used for identification purposes only and may be the property of their respective owners.
9.You are not entitled to copy, scrape, adapt, publish, promote, market, integrate, utilize, combine, modify sell, publicly display, distribute or otherwise use the content (including any translations thereof and reviews on the Gyymi Platform) or our brand without the express written permission of Gyymi. No licenses or rights are granted to you by implication.
10. The Gyymi Platform is made available for purpose of booking Gym space only. 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, reservations, products or services available on the Gyymi Platform for any commercial or competitive activity or purpose.
11. Subject to your compliance with this Part 16, Gymmi hereby grants a limited a limited, non-exclusive, non-sublicensable, revocable, non-transferable license for the content contained on the Gyymi Platform for the following purposes:
11.1.1. To download and use any version of the Gyymi Platform on your personal / mobile device; and
11.1.2. To access and use content made available to you on the Gyymi Platform for your own personal, non-commercial use.
17. Rating And Reviews
18. Term, Suspension and Termination
1. Gyymi may terminate your account and this Agreement at any time for any reason. You may terminate this Agreement at any time by sending us an email.
2. Termination of this Agreement does not affect any booking that has been confirmed between Registered Users. If a booking is confirmed, you must comply with the terms of This Agreement until the booking has concluded, including providing the Gym Services or paying the agreed price as applicable.
3. Where your account or this Agreement has been terminated or this Agreement are terminated by Gyymi (for any reason), then you may not without Gyymi’s prior written consent (in its absolute discretion) create any further accounts with Gyymi.
4. In addition to the above, Gyymi may take any of the following measures for any reason (in it’s sole discretion):
4.1. temporarily or where deemed appropriate, permanently suspend your Gyymi account and stop providing access to the Gyymi Platform;
4.2. cancel any pending or confirmed bookings;
4.3. refuse to post, delete or delay posting any User Content, Ratings, Reviews, or other Registered User content;
4.4. limit your access to or use of the Gyymi Platform;
5. Sections 6 (payment terms), 11 (Limitation of Liability) and 19 (Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19. Dispute Resolution / Agreement to Arbitrate
20. Variation of these Terms
21. Applicable Law and Jurisdiction