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General Terms and Conditions of Use for Gymlib Tools

Version in effect on 26 March 2021

These General Terms and Conditions of Use (henceforth ‘TCU’) 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 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


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 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/.


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, 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.