Algemene verkoopvoorwaarden

Version in effect on 26 March 2021

These General Terms and Conditions of Sale (henceforth ‘TCS’) are entered into between:

Gymlib SAS, a simplified joint-stock company with a capital of €38,753, with registered offices at 156 Rue de la Roquette, 75011 Paris, listed on the Nanterre Trade and Companies Register under number 794 597 864, and any entity owned, controlled by or affiliated with Gymlib SAS (henceforth, jointly, ‘Gymlib’);

AND

Any individual who has subscribed to the Services offered on the Gymlib website or mobile application (henceforth ‘the Customer’).

Hereinafter referred to individually as ‘a Party’ and collectively as ‘the Parties’.

Preamble - General Terms and Conditions

Gymlib works to improve wellbeing and cohesion among company employees. In this regard, it aims to encourage employees to engage in physical exercise. To do this, Gymlib offers the following services (hencefore the ‘Services’):

A single, no-strings subscription providing access to hundreds of sports and wellbeing venues all over France and Belgium (henceforth the ‘Gymlib Formula’);
Digital access to partner wellbeing applications, live online sports classes and themed workshops aiming to enhance employee wellbeing;
social features to boost team dynamics: news feed, sports challenges, nutrition, wellbeing.

The Services are accessible via the Gymlib Tools, which are understood alternatively or cumulatively as:

(i) the platform available at www.gymlib.com/ (henceforth the ‘Platform’);

(ii) the mobile application entitled ‘Gymlib’ (henceforth the ‘Gymlib Application’). The Gymlib application is available on the Android and Apple app stores.

These terms and conditions establish the rights and obligations of Gymlib and its Customers when using the Services offered by Gymlib.

DEFINITIONS

Regardless of whether they are used in the singular or plural form, terms beginning with a capital letter are defined in the following manner:

Gymlib Formula or Subscription refers to the monthly subscription allowing the Customer or their Friends, an employee of a company which has signed a contract with the Gymlib programme, to book Sport and Wellbeing Sessions in accordance with the Gymlib Terms and Conditions.
Personal Data Protection Charter refers to the document available at the following address: https://legals.gymlib.com/data-privacy, which lists the ways in which personal information is processed by Gymlib.
Customer refers to any natural person who has created an Account as a User and taken out a subscription in accordance with the Gymlib Terms and Conditions.
Account refers to the individual account belonging to each Customer, which is created when signing up to the Gymlib Tools.
Gymlib Terms and Conditions refers jointly to (i) the General Terms and Conditions of Sale, (ii) the Personal Data Protection Charter, (iii) the General Terms and Conditions of Use and (iv) any additional special terms and conditions provided by Gymlib to the Visitor or Customer.
General Terms and Conditions of Sale or TCS refers to the terms and conditions set out in this document, which are applicable to the use of the Services on the Gymlib Tools by the Customer.
Gymlib refers to the Gymlib Group, registered as GYMLIB SAS with a capital of €38,753 and headquarters at 156 Rue de la Roquette, 75011 Paris, France, listed on the Nanterre Trade and Companies Register under number 794 597 864, which produces the Gymlib Tools, as well as any entity owned, controlled by or affiliated with Gymlib SAS.
Venue(s) refers to all of Gymlib’s partner clubs, gyms and sporting facilities, as listed on the Gymlib Tools.
Gymlib Tools refers alternatively or cumulatively to (i) the platform available at www.gymlib.com/ or (ii) the mobile application entitled ‘Gymlib’. The Gymlib application is available on the Android and Apple app stores.
Friend(s) refers to customers who are not directly linked to the Companies but are referred by a Customer.
Pulses refers to the virtual credits awarded to Customers on a monthly basis as part of their Gymlib Subscription. Pulses are used to access the Venues.
Sport and Wellbeing Session refers to (i) the personal, non-transferable right to access a Venue, subject to the terms of use and validity established by the Venue in question and the Customer’s Subscription and (ii) the services offered by a Venue, which are available upon reservation by the Customer via the Gymlib Tools. In certain circumstances, which are listed on the individual Venue pages, access to the Venue may also require reservation of a Session.
Service(s) refers to the access to the Venues provided by Gymlib via the Gymlib Tools, including physical and digital access and social features for boosting team dynamics.
Social Hub refers to the set of social features for boosting team and company dynamics developed by Gymlib on the Gymlib Tools.
User refers to any natural person browsing the Gymlib Tools after creating an Account who has not subscribed to the Gymlib Formula.
Visitor refers to anybody browsing the Gymlib Tools without an Account.

Acceptance and modification of the Gymlib Terms and Conditions

By using the Gymlib Tools and Services, Customers agree to be bound by the Gymlib Terms and Conditions, which they acknowledge to have read, understood and accepted in their entirety.

The Gymlib Terms and Conditions shall apply to the exclusion of any other document, clause or indication to the contrary, subject to the provisions of the rules and the general terms and conditions of the Venues, which are also applicable to Customers as soon as they enter the premises of the Venue. Before booking a Sport and Wellbeing Session, Customers should read the rules and/or the general terms and conditions for the Venue in question.

In the event of any discrepancy between the General Terms and Conditions and any special terms and conditions in place, the special terms and conditions shall take precedence.

In view of potential changes to the Services, Gymlib reserves the right to adapt, review or modify the Gymlib Terms and Conditions partially or in full at any time and without prior notification. The new Gymlib Terms and Conditions will come into effect once notification has been sent to Customers and published on the Gymlib Tools, unless a later start date is explicitly stated. They will automatically apply to all visits to the Gymlib Tools and all orders placed after the modification. Any valid Sport and Wellbeing Sessions will be subject to the Gymlib Terms and Conditions applicable at the time of purchase. We recommend checking this page regularly in order to keep up-to-date with any future modifications.

The latest version of the Gymlib Terms and Conditions is available at all times at https://legals.gymlib.com/terms.

In the event that they wish to reject these changes, Visitors must stop using the Gymlib Tools and Customers and Users must close their Accounts, without making any claim for compensation.

Article 1 – Purpose of the Services

These Terms and Conditions of Sale set out the rights and obligations of Gymlib and its Customers when using the Services offered by Gymlib.

The Services provided by Gymlib via the Gymlib Tools consist of the Gymlib Subscription and the social features for boosting team dynamics (henceforth the ‘Social Hub’).

The Gymlib Subscription allows Customers to access the Venues by booking Sport and Wellbeing Sessions as part of a no-strings subscription.

Customers can visit the Venues at any time during the period of validity of a Sport and Wellbeing Session unless they have booked the Sport and Wellbeing Session for a specific time.

Sport and Wellbeing Sessions are valid for one (1) month.

Some Venues offer Customers Sport and Wellbeing Sessions must be booked in advance. Presentation and validation of a Sport and Wellbeing Session via GPS is compulsory upon every visit to a Venue. When they enter the Venue, Customers are invited to show that they have booked their Sport and Wellbeing Session via the Gymlib Tools and to validate their session.

Sport and Wellbeing Sessions may only be used by the Customer holding the Account used to book the sessions, and an ID document confirming their identity may be requested upon arrival at the Venue.

Sport and Wellbeing Sessions have no monetary or other value beyond the Gymlib Tools and the Venues, and may not be exchanged for money or transferred to any other person.

Regardless of the Venue, Customers experiencing access issues must contact Gymlib Customer Services and wait for their response.

If the Customer decides to redeem a Sport and Wellbeing Session before receiving a response from Gymlib Customer Services and opts to pay to access the Venue out of their own pocket, no refund will be payable by Gymlib.

Article 2 – Characteristics of the Gymlib Formula

The purpose of the Gymlib Formula is for Gymlib to provide a Service for employees of companies which have joined the Gymlib programme by signing a service agreement with Gymlib (henceforth, the ‘Customer Companies’).

Employees of the Customer Companies which subscribe to the Gymlib Formula are Customers.

Article 2.1 Subscription formula

Gymlib Subscriptions are reserved for people:

who are aged eighteen (18) and over or who have reached the legal age of majority in their country of residence or who have obtained the consent of their legal representative (parent or guardian) if they are minors; and
employees of a Customer Company, with the exception of referrals as described in Article 2.4 in this section.

Customers must choose from several different formulas, each of which offers a different number of Pulses per month.

Every Sport and Wellbeing Session offered by the Venues is priced in Pulses. Customers can freely access Sport and Wellbeing Sessions depending on the number of Pulses they have.

Customers accept and acknowledge that the number of Pulses required to access the Sport and Wellbeing Sessions can change over time on the sole initiative of Gymlib and without prior warning.

Customers can book as many Sport and Wellbeing Sessions as they wish within the limits of the number of Pulses they have when booking the Sport and Wellbeing Session.

Article 2.2 Use and carryover of Pulses

Customers who do not use all their Pulses can carry them over from one month to the next within the limit of the number of Pulses corresponding to their chosen formula.

Article 2.3 Subscription prices and payment methods

Customer Companies will inform their employees of the Gymlib Subscription prices. Prices are in euros and are inclusive of tax.

Customers accept and acknowledge that the Subscription price may be modified on the basis of commercial negotiations between Gymlib and the Customer Companies.

Gymlib will inform Customers of any changes to their Subscription price by email at least fifteen (15) calendar days before the change takes effect; these changes will not apply to Subscriptions or other services for the current month.

Customers are informed that the Subscription price is payable until the effective cancellation date, even if the Customer does not use the Subscription, sign into the Gymlib Tools, book Sport and Wellbeing Sessions or participate in those sessions.

In addition to the provisions of Article 5 of these General Terms and Conditions of Sale, Customers authorise Gymlib to collect the Subscription price, as well as any other fees related to the use of the Gymlib Tools (e.g. cancellation fees or late cancellation penalties as stipulated in Article 2.7 in this section).

Subscription payments will be collected by Gymlib within a maximum of seven (7) days. Once the payment has been confirmed and authorised, the subscription is accepted and a confirmation email will be sent to the Customer.

When taking out a Subscription, Customers will be immediately invoiced for the first subscription cycle.

Unless otherwise stated by Gymlib, Subscriptions will be automatically renewed every month and Customers will be invoiced on the same date each month (the date of subscription). If this date does not exist for a particular month, the Subscription will renew automatically on the day after the expiry date of the current subscription cycle[1].

Article 2.4 Referrals

Gymlib may offer its Customers the possibility of referring colleagues, and, in some cases, Friends.

The terms and conditions for the referral scheme may be consulted here.

Referred colleagues and Friends will pay the prices negotiated by the referring Customer’s Company.

The Subscriptions of referred Friends are only valid if the Customer’s Account is active.

In the event that the referring Customer cancels their Subscription for any reason, their Friends’ Subscriptions will be automatically cancelled and any Sport and Wellbeing Sessions which have been booked but not used will be automatically deleted.

Depending on the commercial negotiations and the contract linking Gymlib and the Customer Companies, Gymlib reserves the right to modify the terms and conditions for referral, as well as to cancel any Subscriptions belonging to referred Friends.

Gymlib reserves the right to cancel any Subscription belonging to a customer who is not directly linked to the Customer Companies (Friends and/or beneficiaries who do not possess a professional email address supplied by a Customer Company (unless otherwise stipulated)).

Gymlib will notify referred Friends of the cancellation of their Subscriptions by email. Cancellation of the Subscription will automatically lead to cancellation of all Sport and Wellbeing Sessions which have been booked but not yet used.

Article 2.5 Subscription duration

Subscriptions to the Gymlib Formula are taken out on a no-strings basis for a period of one (1) month and are renewed by tacit agreement for successive monthly periods unless the Customer receives express indications to the contrary when taking out the Subscription.

Customers are entitled to pause their Subscriptions.

This feature is available via the Gymlib Application.

Customers may be charged a renewal fee in the event that they pause and/or reactivate their Subscription. These fees will be indicated on the Gymlib Application and/or the Platform during the process for pausing and/or reactivating the Account.

Article 2.6 Cancellation of the Subscription by one of the Parties

Customers can request the closure of their Account or cancellation of their Subscription directly via the Gymlib Application.

Any Account closure will come into effect on the monthly renewal date of the Customer’s Subscription [2].

This request will take effect within a maximum of thirty (30) business days of receipt of the request to close the Account in question by Gymlib.

Besides abnormal use of the Subscription (see Article 4.2.3 of the TCU), Gymlib may cancel the Customer’s Subscription for the following reasons:

In the event that Customer leaves the Customer Company, for whatever reason;
In the event that contractual relations between the Customer Company and Gymlib are terminated.

Gymlib will make every effort to inform Customers of the cancellation of their Subscription for one of the aforementioned reasons by email.

Cancellation of the Customer’s Subscription will automatically lead to cancellation of all Sport and Wellbeing Sessions which have been booked but not yet used.

Article 2.7 Penalties

Some Sport and Wellbeing Sessions offered by the Venues require prior booking. Customers and referred Friends are able to cancel their bookings within a period stipulated by each Venue. Customers and referred Friends undertake to cancel their booking within the deadline stated by the Venue if they are unable to attend the Sport and Wellbeing Session they have booked.

The following penalties will be applied:

The number of Pulses corresponding to the booking and a penalty of five (5) euros will be charged for every booking which is neither honoured nor cancelled
The number of Pulses corresponding to the booking will be charged for every booking which is not honoured and is cancelled after the stipulated deadline
A penalty of five (5) euros will be charged in the event that the Customer forgets to validate a booked Session

These penalties may be invoiced separately from the Customer Subscription (for Customers and referred Friends) and charged to the bank card provided by the Customer or referred Friend for payment of the monthly Subscription.

Article 3 – CUSTOMER OBLIGATIONS

Customers must comply with the rules set by the Venues they attend as part of the Service at all times, as well as with any special terms and conditions applicable to the Venue (appropriate clothing, up-to-date medical checks, conditions of use for equipment, opening times, etc.).

Sport and Wellbeing Sessions and bookings made on the Gymlib Tools are personal and cannot be transferred. An ID document may be requested by the Venue in order to check that the Customer who has booked the Sport and Wellbeing Session and the person attending the Venue are one and the same.

Presentation and validation of a Sport and Wellbeing Session via GPS is compulsory upon every visit to a Venue and Customers must agree to share their location with Gymlib. GPS data are only used to calculate the distance from the Venue in question and are never stored by Gymlib.

Customers are requested to show a valid Sport and Wellbeing Session, which may be accessed on the Gymlib Mobile Application, when they enter the Venue.

Article 4 – LIABILITY

As an intermediary, Gymlib shall not be held liable for any damages (theft, physical or material damage, etc.) suffered by the Customer on the premises of the Venues.

Gymlib shall not be held liable for indirect damages and loss of profit, loss of customers, loss of business, loss of data or any other intangible loss occurring as a result of the use of the internet, such as the presence of computer viruses or spyware (even if warning has been given of the possibility of such damage), and shall not be held liable for any malfunction, breakdown, delay or interruption in access to the Gymlib Tools or to the internet in general.

Gymlib shall not be held liable for any insulting or defamatory language or language which contravenes good manners and current legislation used in comments posted online on the Gymlib Tools or any other third party website by a Customer.

Gymlib offers a booking service linking Customers and Venues. When booking a Sport and Wellbeing Session and participating in that session, Customers will enter into a contract with the Venue, not with Gymlib.

Gymlib is not a recreational, leisure, health or sports facility or similar institution and does not own, exploit or control the Sport and Wellbeing Sessions offered by the Venues. Therefore, Gymlib cannot accept responsibility of any kind for the Sport and Wellbeing Sessions and/or the Venues, which remain solely liable for their classes, sessions, premises, teachers, materials, equipment, etc.

Gymlib makes every effort to describe the Services and Sessions offered via the Gymlib Tools accurately and realistically.

Customers understand and accept that the Gymlib Tools offer information on physical fitness and related topics for the sole purposes of information, education and entertainment.

None of the content published on the Gymlib Tools may be regarded as instructions, medical attention or professional advice.

Visitors must not rely on the information found on the Gymlib Tools, which is not a substitute for medical advice, diagnosis or professional treatment. If Customers, Users or Visitors have questions concerning their health or physical fitness, they should consult a doctor or other medical professional.

The descriptions of the Sport and Wellbeing Sessions on each Venue page are provided to Gymlib by the Venues themselves, which are solely liable for them. The photos and pictures accompanying the descriptions of the Sport and Wellbeing Sessions are non-contractual and are for illustrative purposes only, and are in no case binding on Gymlib.

The information provided may change and be modified, and Visitors, Users and Customers expressly accept this.

If, in spite of Gymlib’s efforts, some Venues, and/or Sport and Wellbeing Sessions are withdrawn from the Services or are no longer available, Gymlib undertakes to make every effort to ensure that new Venues and/or Sport and Wellbeing Sessions are added in order to maintain the expected quality of the Services.

Customers are solely responsible for deciding whether the Sport and Wellbeing Sessions or recommendations provided on or via the Gymlib Tools are suitable for them and their state of health.

Customers acknowledge that certain risks and dangers are inherent to sporting activity. Customers are responsible for ensuring that their state of health is adequate before booking or participating in a Sport and Wellbeing Session. Customers enter the Venue and attend the Sport and Wellbeing Sessions of their choice at their own risk, accepting sole liability for any damages resulting from their participation.

Customers acknowledge and accept that they are responsible for consulting their doctor or another medical professional before using the Services or booking and participating in a Sport and Wellbeing Session. Customers must not book or participate in a Sport and Wellbeing Session if they have been discouraged from doing so by their doctor or another medical professional. Customers are required to immediately cease any sporting activity if they feel weak or dizzy, are in pain or have difficulty breathing at any point during the training session.

Article 5 – PAYMENT AND FINANCIAL CONDITIONS

The financial conditions for the Services provided via the Gymlib Tools are regularly updated.

To ensure that Customers’ bank details remain secure and confidential, Customers are requested to make all payments directly online via the secure payment system provided on the Gymlib Tools, using SSL (Secure Socket Layer) mode to allow the data to be encrypted.

No payment may be made via telephone, post or email.

Payments made by Customers will only be considered effective once authorisation has been received from the bank payment centres. In the event that such authorisation is denied, the order corresponding to the payment attempt will be automatically cancelled and the Customer will be notified by email.

All payment receipts are available in the ‘My Account’ section.

Gymlib stores an electronic copy of each receipt.

Gymlib reserves the right to verify the information supplied by the Customer for any order. The Customer may receive a request by post or email to provide a copy of their ID card and/or proof of address and/or a bank document (printout of bank details or void cheque). Failure by the Customer to respond within five (5) days of the request from Gymlib will automatically lead to the cancellation of the order with no possibility of complaint.

Finally, Gymlib reserves the right to reject any payment in which one or more risk factors for the fraudulent use of a bank card are present.

Article 6 – SANCTIONS FOR BREACHES OF THE GYMLIB TERMS AND CONDITIONS

In the event of a suspected or proven breach of all or part of the Gymlib Terms and Conditions and of any other document produced by Gymlib (FAQ, etc.), especially with regard to the use of the Services, Account, Sport and Wellbeing Sessions and/or the Gymlib Tools in an illegal or abusive manner by the Customer, Gymlib reserves the right to apply sanctions to the Customer in question at its sole discretion.

The sanctions imposed will depend on the seriousness of the breach. Sanctions include but are not limited to the following actions, which may be imposed in no specific order:

(i) Warnings: Warnings have no direct consequences for the Account. The Customer may continue to use the Service with no change. Warnings serve to inform the Customer that they are at risk of stiffer sanctions if they continue to breach the Gymlib Terms and Conditions;

(ii) Three-day (3) account suspension: A three-day (3) account suspension is generally used for the first significant breach of the Gymlib Terms and Conditions;

(iii) Permanent account suspension: The account will be closed permanently and the Customer will no longer be able to access it. This sanction is generally applied in the case of repeated breaches or severe, unacceptable breaches of the Gymlib Terms and Conditions, including, but not limited to, lending or transferring the Account to a third party, failing to pay for Services or Sport and Wellbeing Sessions, supplying false information (surname, first name, etc.) and failing to comply with the terms of use of the Venues.

Besides the sanctions listed here, Gymlib reserves the right to impose any sanctions necessary, as well as to initiate civil and criminal proceedings against any Customer who is in breach of the Terms and Conditions.

Unless otherwise stated in the Gymlib Terms and Conditions or exceptionally authorised by Gymlib, no reimbursement will be due if the Account is closed and the Customer will not be able to open another Account.

Article 7 – RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.221-18 of the Consumer Code, Customers have a right of withdrawal which may be freely exercised during a period of fourteen (14) clear days following subscription to the Gymlib Formula (the ‘Right of Withdrawal’) in accordance with the following terms and conditions.

The withdrawal period begins at midnight on the day after the contract has been signed and expires at midnight on the fourteenth day after the contract has been signed. If this period expires on a Saturday, Sunday, public holiday or non-working day, it is extended to the next working day.

Customers may exercise the Right of Withdrawal (i) by filling in the standard form (Standard Withdrawal Form) or by making any other unambiguous statement expressing their desire to withdraw and (ii) by sending a registered letter to Gymlib with acknowledgement of receipt or an email to the following address: legal@gymlib.com

In the event that notification of withdrawal is sent via email, a receipt will immediately be sent by Gymlib to the Customer on a durable medium.

The right of withdrawal is only valid if the Customer has not booked any Sport and Wellbeing Sessions providing access to a Venue.

Article 8 – MISCELLANEOUS

The obligations of the affected Party shall be suspended in the event of force majeure, including an act or omission by the government or the competent authorities, blocking or malfunction of the internet or telecommunications networks, insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, internal and external strike, flood, storm, and the acts of a third party.

If any provision of the Gymlib Terms and Conditions is to be declared void or unenforceable pursuant to any law, regulation or final ruling from a competent court, it shall be amended in order to render it valid or shall be deemed unwritten but shall not invalidate or result in the lapse of the other provisions of the Gymlib Terms and Conditions, which shall remain in full force and effect.

Should one of the parties fail to exercise their rights under any of the provisions in the Gymlib Terms and Conditions, this does not affect their right to exercise these rights at a later date, at any time, and does not constitute a waiver of the provision itself.

By express dispensation from the provisions of Article 1222 of the Civil Code, in the event of failure by either Party to fulfil their obligations, the non-defaulting party may not seek to fulfil the obligation via a third party at the defaulting party's expense.

Article 9 – APPLICABLE LAW – MEDIATION – COMPETENT COURTS

The Gymlib Terms and Conditions are governed by French law.

In the event of a complaint which is not resolved amicably by the Parties, and in accordance with Article L. 612-1 of the Consumer Code, Customers may use the mediation service to which Gymlib subscribes free of charge, by emailing legal@gymlib.com. The mediation service may be consulted for any consumer dispute which has not been satisfactorily resolved.

Customers may also contact the dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

In the absence of an amicable resolution, any dispute relating to the interpretation of the Gymlib Terms and Conditions, the execution or breach of a sale, or the interpretation, execution or termination of these Terms and Conditions shall be submitted to the competent courts.

[1] For example, if the subscription was initially taken out on 31 January, the next automatic renewal date will be 1 March and payment will be collected from the Customer’s chosen payment method on that date (or as soon as possible thereafter).

[2] For example, a Customer who subscribes on 22 February 2021 and asks to cancel their subscription on 15 May 2022 will have their account closed on 22 May 2022.

Version in effect on 26 March 2021

These General Terms and Conditions of Use (henceforth ‘TCU’) are entered into between:

AND

Any individual wishing to consult or access the Services offered on the Gymlib website or mobile application, whether they have created an Account (henceforth the ‘User’) or not (henceforth the ‘Visitor’).

Hereinafter referred to individually as ‘a Party’ and collectively as ‘the Parties’.

PREAMBLE

A single, no-strings subscription providing access to hundreds of sports and wellbeing venues all over France and Belgium (henceforth the ‘Gymlib Formula’);
Digital access to premium partner wellbeing applications, live online sports classes and themed workshops aiming to enhance employee wellbeing;
social features to boost team dynamics: news feed, sports challenges, nutrition, wellbeing, dedicated messaging system.

The Services are accessible via the Gymlib Tools, which are understood alternatively or cumulatively as:

(i) the platform available at www.gymlib.com/ (henceforth the ‘Platform’);

(ii) the mobile application entitled ‘Gymlib’ (henceforth the ‘Gymlib Application’). The Gymlib application is available on the Android and Apple app stores.

Customer refers to any natural person who has created a personal account (User) (henceforth the ‘Account’) and taken out a subscription to the Gymlib Formula in accordance with the General Terms and Conditions of Sale (or ‘TCS’).

Gymlib Terms and Conditions refers jointly to (i) the General Terms and Conditions of Sale, (ii) the Personal Data Protection Charter, (iii) the General Terms and Conditions of Use and (iv) any additional special terms and conditions provided by Gymlib to the Visitor or Customer.

Article 1 – Purpose of the TCU

1.1 The purpose of these TCU is to set out the terms of use of the Gymlib Tools by Users and Customers. Users and Customers must accept the TCU in order to access the Platform and the Gymlib Application. Any registration and/or connection to the Gymlib Tools by the User or the Customer implies full acceptance, without reservation or restriction, of the TCU and any future modifications thereof. All use of the Gymlib Tools is subject to compliance with the following conditions. By refusing to accept the TCU, the User or Customer waives their right to access the Services offered via the Gymlib Tools.

1.2 The TCU are applicable to the entire duration of the use of the Services by the Visitor, User or Customer. Gymlib reserves the right to modify the TCU at any time by posting the updated version on the online Platform. The TCU can also be sent to the Visitor, User or Customer at any time upon written request.

All use of the Gymlib Tools and associated Account by the User after the modified TCU have been published implies acceptance of the new TCU without reservation or restriction.

Article 2 – Legal notice

The website https://www.gymlib.com and the Gymlib Application are provided by: GYMLIB SAS, a simplified joint-stock company with a capital of €38,753, with registered offices at 156 Rue la Roquette, 75011 Paris, listed on the Nanterre Trade and Companies Register under number 794 597 864, with EU VAT number FR77794597864.

The publishing director for the Gymlib Tools is: Mr Sébastien BEQUART

Email: legal@gymlib.com

The Gymlib Tools are hosted by Amazon Web Services, with registered offices at 410 Terry Avenue North P.O. Box 81226 Seattle, WA 98108-1226 – United States of America; http://aws.amazon.com/; Telephone: + 1 206 266 4064.

Article 3 – Access to the Gymlib Tools

Gymlib undertakes to make the Gymlib Tools available to Visitors, allowing them to search the available Venues by activities offered or by geographical location.

The Gymlib Tools are available 24/7, for free, to any User with access to the internet.

Users who are not Customers cannot access the Services; they can only view them and consult information about them.

The Gymlib Tools are generally available but Gymlib reserves the right to interrupt or suspend access to the Tools and/or to some or all of their functions for operational purposes, to carry out scheduled maintenance, in an emergency or for reasons of force majeure.

Gymlib is free to remove all or part of the Gymlib Tools and their features at any time.

Article 4 – Access to the Services

Access to the Services is granted to Users who are also Customers.

4.1 Creation of an Account

Before using the Gymlib Tools and Services, the User declares on their honour that they are aged over 18 and have full legal capacity throughout the use of the Services.

In order to access the Services and complete purchases and subscriptions via the Gymlib Tools, Visitors must create an Account on one of the Gymlib Tools by accurately providing the following compulsory information, including their telephone number, which will be used to confirm activation of their Account.

A profile picture may be required where necessary to ensure optimal use of the Services. The photo must show the User’s face clearly and visibly so that they may be identified unambiguously.

Users will also be invited to reiterate their express consent to the Gymlib Terms and Conditions by ticking the box provided.

The Account allows Users to consult the Services on the Gymlib Tools and permits Customers to access the Services.

Account information is strictly personal and confidential and must be regularly updated by Users. Each User may have only one account. Gymlib reserves the right to immediately close any additional accounts to ensure that each individual has only one Gymlib account.

Management of the Account and of Customers’ personal information may be carried out on any of the Gymlib Tools.

The Account must comply with the following rules at a minimum:

personal information must be accurate, valid, verifiable, complete and up-to-date;
the professional email address provided by the employer who has signed up to the Gymlib programme must be provided for all subscriptions, or a valid personal email address in the case of referrals;
connections to the Account (times, locations, internet service provider, proxies not permitted) must correspond to a normal use of an Account for services similar to the Service;
the names on the Account must be pronounceable (e.g. the word HFRJIRO does not comply with this rule), must not make reference to a political orientation, ethnicity, community or religion, must not be vulgar or insulting, must not have sexual or pornographic connotations, must not resemble or imitate a registered trademark,
must not make reference to a narcotic substance or any other entity banned by law,
and must not be spelled in an alternative manner with the aim of circumventing the aforementioned rules.

To access their Account, Users must also set a password (henceforth the ‘Password’), which is strictly personal and, like the Account, inaccessible to third parties.

Users must take all necessary precautions to ensure the confidentiality and security of their user name and/or Password.

To guarantee the security of the Account and avoid hacking, Customers undertake:

not to provide access to their Accounts to third parties. Accounts may not be loaned, shared, exchanged, gifted, purchased, transferred or sold, and Gymlib may not be held liable in the event of such practices;
take all necessary measures to avoid any third party access to their Account;
not to use a third party’s Account;
not to share their login information or password;
use an individual email account and not share the linked email address;
ensure that Gymlib may easily make contact with them via their email address for any reason necessary

Users undertake to inform Gymlib by any means available without delay in the event that their user name and/or Password are hacked or the confidentiality and security of their login details are otherwise compromised, as well as to inform Gymlib immediately of any suspected or confirmed use of their Account by a third party.

Users are solely responsible for any consequences ensuing from the fraudulent use of their user name and/or Password by unauthorised third parties who have been able to access them.

Users can change their Password at any time from their Account.

In the event that they lose or forget their Password, Users can recover access to their Account by entering the email address used to create the Account. They will receive a link to change their Password from Gymlib, which will be valid for twenty-four (24) hours.

Customers only possess a right of access to the Services.

Customers must use the latest version of the Gymlib Application in order to gain access to all Services and features.

4.2 Closure of an Account

4.2.2 By the User

Users can request closure of their Account directly from the Gymlib Application at any time.

Any Account closure will come into effect on the monthly renewal date of the Customer’s Subscription [1].

This request will take effect within a maximum of thirty (30) business days of receipt of the request to close the Account in question by Gymlib.

4.2.3 By Gymlib

Gymlib may decide to block access to the Account and/or to the Gymlib Tools unilaterally and without prior notification, in the following circumstances:

(i) suspicion and/or fraudulent use of the Account by a third party;

(ii) use of the Account and/or Gymlib Tools in violation of these TCU;

(iii) for any reason of a legislative, regulatory, disciplinary and/or judicial nature preventing the maintenance of peaceful commercial relations between the Parties (e.g. fight against money laundering and terrorist financing; national, European and/or international financial sanctions; deliberate deception, etc.);

(iv) a breach in the system’s security;

(v) failure to comply with all or part of the Gymlib Terms and Conditions by the User or Customer.

Gymlib may block the Account and/or access to the Gymlib Tools on a temporary or permanent basis.

Customers are informed that their Accounts may be closed without prior warning or compensation in the event that the information provided is inaccurate or contrary to the aforementioned provisions.

In closing their Account, Customers accept that all information pertaining to them will be erased by Gymlib subject to its obligation to retain records. It is the responsibility of the Customer to request all of the data they wish to recover before closing their Account.

Article 5 – Personal data

Gymlib guarantees that any personal data belonging to Users and Customers will be collected and processed in compliance with the French law no. 78-17 of 6 January 1978 relating to data processing, files and freedoms, as well as Articles 15 et seq. of the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (‘GDPR’). By virtue of these legal and regulatory provisions, Users and Customers are entitled to access, rectify, delete, transfer and oppose the processing of their personal data. Users and Customers can exercise these rights by simple request by emailing legal@gymlib.com, confirming their identity and providing a legitimate reason where necessary.

Gymlib processes personal data in accordance with the terms stipulated in its Personal Data Protection Charter, which Users and Customers are invited to read and accept in full.

Sport and Wellbeing Sessions may be validated via GPS. Customers are invited to give Gymlib permission to use their GPS location via the settings on their smartphone. GPS data are only used to calculate the distance from the Venue and are never stored by Gymlib.

Article 6 – Intellectual property

6.1 All constituent elements of the Gymlib Tools, whether or not they are figurative (including the domain names, general structure, tree structure, texts, trademarks, graphics, graphic charter, iconography, logos, sounds, photographs, animations and databases), are, with the exception of the elements owned by the Venues and/or the content posted by Visitors, Users or Customers, the full, exclusive property of Gymlib or the relevant rights holders.

These elements are protected by intellectual property law and by the provisions relating to image rights.

6.2 Any use, reproduction or representation, in whole or in part, of any element of the Gymlib Tools, on any medium and by any means whatsoever, is prohibited and would constitute an infringement punishable under articles L.335-2 et seq. of the Intellectual Property Code, a civil fault and/or a violation of image rights and the rights of individuals, which may incur the civil and criminal liability of the infringer. Gymlib reserves the right to take civil and criminal legal action for counterfeiting or unfair competition, in France and abroad, against any person who has infringed its rights either directly or indirectly.

6.3 Similarly, no rights or licences may be granted to Visitors or Customers for any element of the Gymlib Tools without prior written authorisation from Gymlib or the third party holding the rights to these elements.

6.4 Users and Customers acknowledge the existence of these property rights and shall refrain from (i) engaging in any activity that may compromise or limit them and/or (ii) interfering, in any way whatsoever, with their free use by Gymlib.

Article 7 – Liability

Users and Customers undertake to use the Gymlib Tools in a way that is compliant with the Gymlib Terms and Conditions. The devices needed to connect to and use the Gymlib Tools are the sole responsibility of the User or Customer, including internet access.

Gymlib undertakes to make every effort to ensure that the Account and the Gymlib Tools are available to Users and Customers at all times. However, Gymlib may not be held liable in the event of faults or disconnections occurring for any reason.

The Gymlib Tools are available 24/7, but Gymlib reserves the right to interrupt or suspend access to the Gymlib Tools and/or to some or all of their features for operational purposes, security reasons, to carry out scheduled maintenance, in an emergency or for reasons of force majeure at any time, without warning and without being held liable for these interruptions.

Gymlib is also free to modify or remove all or part of the Gymlib Tools and their features at any time.

Gymlib may not be held liable for any direct or indirect damages resulting from:

(i) problems relating to the internet or any risks linked to its use (including failure to protect certain data, data hacking, damage to the User’s devices from viruses, etc.) ;

(ii) any incompatibility with the devices used by the User or Customer;

(iii) services provided and/or offered by third parties, including Gymlib partner venues;

(iv) failure to use the Gymlib Tools in compliance with these TCU and with the Gymlib Terms and Conditions more generally.

Gymlib may not be held liable for any insulting or defamatory language or language which contravenes good manners and current legislation used in comments posted online on the Gymlib Tools or any other third party website by a Customer.

The Customer is solely responsible for the security of their Account and for all action taken from their Account. Gymlib may not be held liable for the consequences of any use of the Account on the Customer’s computer if it is lost, stolen or the Account login information is shared.

Article 8 – Hyperlinks

Hyperlinks to any of the pages on the Platform are forbidden unless express prior authorisation is obtained from Gymlib.

The Gymlib Tools contain hyperlinks to websites or services offered by third parties. Gymlib shall not be held liable for the content and functioning of these third party websites, nor for any damage of any kind suffered by Users or Customers visiting any of these websites. Users and Customers are asked to read the General Terms and Conditions of Use and/or the Personal Data Protection Charter for these third party websites carefully.

Article 9 – Use of cookies

Use and browsing of the Gymlib Tools may cause cookies to be installed on the User or Customer’s browser in accordance with current legislation.

Users or Customers are entitled to object to the storage of non-functional cookies. If they do so, they accept that some Services may no longer be available on their Account and/or on the Gymlib Tools.

Article 10 – Publication of content

In the event that Gymlib allows Customers to comment on and/or score one or more of the partner Venues they have attended via the Gymlib Tools, Customers may do so provided that they have attended at least one session at the Venue in question.

Please note that Users and Customers are entirely and solely responsible for the content they post online through their Accounts. Gymlib may under no circumstances be held liable for the content created and/or disseminated by Users and Customers as stipulated in Article 7 above.

Users undertake to ensure that their content and comments (i) do not infringe the rights of third parties (respect for copyright, regulations on discrimination, the right to reputation and privacy, defamation, etc.) and (ii) do not contain any abusive, pornographic or racist language or any language which offends human dignity.

Gymlib has a right to review the comments published by Users on the Gymlib Tools. In this regard, Gymlib may delete certain comments where necessary. Users remain solely responsible for the comments they post on the Gymlib Tools, while undertaking to compensate and indemnify Gymlib for any direct or indirect damages, losses, shortfalls, complaints, liability and costs incurred by Gymlib if held liable by a Venue or any other third party as a result of a post by a User.

Users remain the owners of their intellectual property but by publishing content or comments on the Gymlib Tools, they grant Gymlib the non-exclusive right to reproduce, represent, adapt, modify, disseminate and distribute their content or comments free of charge, either directly or through a third party, throughout the world, in any medium, for the duration of the intellectual property rights, and in particular to use this content online or on mobile telephone networks.

Article 11 – Divisibility

If any stipulation contained within the TCU is invalidated in whole or in part, the validity of the remaining provisions of the Gymlib Terms and Conditions shall not be affected.

Gymlib undertakes, where possible, to replace the invalidated provision with a valid provision corresponding to the spirit and purpose of the Gymlib Terms and Conditions. If a Party fails to demand application of one of the provisions in these TCU or tolerates the non-execution thereof, this may in no case be interpreted as the Party waiving the rights assigned to them under these TCU.

Article 12 – Applicable law and competent courts

The Gymlib Terms and Conditions and any dispute relating to the use and browsing of the Gymlib Tools are governed by French law.

In the event of a complaint which is not resolved amicably by the parties, and in accordance with Article L. 612-1 of the Consumer Code, the Visitor, User or Customer may use the mediation service to which Gymlib subscribes free of charge, by contacting legal@gymlib.com. The mediation service may be consulted for any customer dispute which has not been satisfactorily resolved.

The Visitor, User or Customer may also contact the dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

[1] For example, a Customer who subscribes on 22 February 2021 and asks to cancel their subscription on 15 May 2022 will have their account closed on 22 May 2022.

General Terms and Conditions of Sale for Gymlib Services

General Terms and Conditions of Use for Gymlib Tools