Terms of Use
Welcome
Welcome and thank you for using our Website.
It is important to us that you have the best possible experience while using the Website. However, use of the Website is strictly voluntary; before accessing and use of our site and services please read this Agreement carefully. It is incumbent on you to fully understand and appreciate such Terms and Conditions as laid out, before Agreeing to such. GymMonkey, its partners and associates are not responsible for any misinterpretations to such Terms and Conditions
Important
The Terms of Use apply to your access and use of all aspects of this website and associated Apps, they do not however, alter in any way the terms and conditions of any other agreement you may have with GymMonkey, its partners and associates.
Agreement
By accessing and using the website and Services you understand and agree to only use our website, and associated services for completely lawful purposes and adhere to the Terms of Use as set forth below.
Disclaimers
The site and its contents, materials, products and services listed or purchased are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory or otherwise.
Furthermore, GymMonkey, its partners, associates and affiliates do not promise the site or any content will be error free. If for any reason certain terms and conditions are held to be invalid the remaining terms and conditions will nevertheless continue in full force. We reserve the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.
Moreover, you understand and agree without prejudice, in the event of any problem with the site, services and products provided your sole remedy against the company is to discontinue using the site.
Site Content
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be subject to further copyright owned by that third party.
By accessing our site you agree not to use, copy, edit, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works in any way, shape or form from any part of this website; or commercialise any information, products or services obtained from any part of this website without our written permission or in the case of third party material, from the owner of the copyright material.
For clarity, we do not permit copyright-infringing activities. GymMonkey, its partners and associates reserves the right, without notice and in its sole discretion, to refuse or restrict access to our sites; services, terminate accounts, or remove or edit user content.
Services
We may, without prior notice and liability, modify, change, suspend, terminate or discontinue the operation of our services, site and your access for any reason.
Accounts
To access and use certain services available through the Site, you may be required to register with GymMonkey through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Furthermore, once a registered user of the Site, you agree to accept responsibility for all activities that occur under your account and password.
Conduct
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website.
You also agree, not to upload, post, use, transmit, or otherwise make available, including by e-mail, any content or information that is false or inaccurate; Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization; Engage in any activities or manipulate identifying material to misrepresent the origin of content; Post any content that is subject to any disclosure restrictions; Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights; Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment; Interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;
Disrupt or interfere with the operation and security of, or otherwise cause harm to the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites; Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without GymMonkey prior, express, and written permission or use the Sites for commercial purposes.
Limitation of Liability
Furthermore, to the fullest extent permitted by applicable law, under no circumstances, including, but not limited to negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages including but not limited to loss of profits, goodwill, use, data or other intangible losses, howsoever sustained by any person or persons from their use of or their inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received.
You agree to fully and irrevocably indemnify, hold harmless and defend GymMonkey, its employees, partners, associates and affiliates to the maximum extent permitted by applicable law against but not limited to any and all liabilities, claims, demands, losses, costs, expenses, obligations, damages, recoveries, deficiencies and causes of action resulting from your use of the website.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
Payment
You authorize GymMonkey, its partners, associates, affiliates and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to GymMonkey are non-refundable.
Security
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Any information which you transmit to us is transmitted at your own risk. Furthermore, you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website.
For the removal of doubt, you assume total responsibility for accessing and use of this site.
Privacy
Your use of the Site and any information provided by you or gathered by the Company or third parties during any visit to or use of the Site is governed by the Company's Privacy Policy which is incorporated by this reference.
Changes to Terms of Use
GymMonkey, its partners, associates and affiliates may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that GymMonkey shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.