General terms and conditions for Gymlib tools
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE GYMLIB WEBSITE AND MOBILE APPLICATION.
Gymlib has developed and published a website and mobile application offering access to the sports venues and activities run by its partners.
These terms and conditions establish the rights and obligations of Gymlib and its users when using the services offered by Gymlib.
Regardless of whether they are used in the singular or plural form, terms beginning with a capital letter are defined in the following manner:
2) Acceptance and modification of the Gymlib Terms and Conditions
3) Access to and operation of the Gymlib Tools
1. 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 accessible 24/7, but Gymlib reserves the right to interrupt or suspend access to the Gymlib 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.
Customers only possess a right of access to the Service.
Customers must use the latest version of the mobile application in order to gain access to all of its functions.
Gymlib is free to remove all or part of the Gymlib Tools and their functions at any time.
2. Description of the Gymlib Tools and Venues
Gymlib makes every effort to describe the Services and Classes offered on the Gymlib Tools accurately and realistically.
The descriptions of the Passes and Classes 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 Passes and Classes 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 this is expressly accepted by Visitors and Customers.
If, in spite of Gymlib’s efforts, some Venues, Passes and/or Classes are withdrawn from the Services or are no longer available, Gymlib undertakes to make every effort to ensure that new Venues, Passes and/or Classes are added in order to maintain the expected quality of the Services.
1. Creation of an Account
In order to access the Services and make purchases via the Gymlib Tools, Visitors must create an Account on one of the Gymlib Tools by accurately providing the following compulsory information:
Customers will also be asked to reiterate their express consent to the Gymlib Terms and Conditions by ticking the box provided.
The Account allows Customers to access the Services available on the Gymlib Tools. Account information is strictly personal and confidential and must be regularly updated by Customers.
Management of the Account and of Customers’ personal information may be carried out on either of the Gymlib Tools.
The Account must comply with the following rules at a minimum:
2. Closure of Accounts by Customers
Customers may request closure of their Account at any time by filling in the form available at this page: https://page.gymlib.com/formulaire-resiliation.
This request will take effect within a maximum of thirty (30) business days of receipt of the request to close the Account by Gymlib.
3. Consequences of Account closure
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 Customers to request all of the data they wish to recover before closing their Accounts.
5) Obligations of Customers and Visitors
1. Obligations relating to content and comments posted on the Gymlib Tools
In the event that Gymlib allows Customers to comment and/or score one or more of the Venues they have attended via the Gymlib Tools, Customers may do so provided that they have obtained a Pass from the Venue.
Please note that 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 Customers. Customers 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 Customers on the Gymlib Tools. In this regard, Gymlib may delete Customers’ comments where necessary. Customers remain solely responsible for the comments they post on the Gymlib Tools, while undertaking to compensate and indemnify Gymlib for any 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 Customer.
2. Obligations relating to physical access to Venues
Customers must comply with the rules set by the Venues they attend via 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.).
Passes and Class bookings created on the Gymlib Tools are personal and non-transferable. An ID document may be requested by the Venue in order to check that the Customer generating the Pass and, where applicable, booking the Class and the person attending the Venue in person are one and the same.
6) Warning regarding Customers’ physical fitness and Classes
1. Responsibility for Passes and Classes
Gymlib offers a booking service linking Customers and Venues. When using a Pass or booking a Class, 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 Passes and Classes offered by the Venues. Therefore, Gymlib cannot accept responsibility of any kind for the Classes and/or the Venues, which remain solely liable for their Classes, premises, teachers, etc.
2. Warning regarding Customers’ physical fitness
Customers are solely responsible for deciding whether the Classes 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 using a Pass or booking a Class. Customers enter the Venue and attend the Classes 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, using a Pass or attending Classes. Customers must not use a Pass or attend a Class 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 session.
7) Information available on the Gymlib Tools
Visitors 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 Visitors have questions concerning their health or physical fitness, they should consult a doctor or other medical professional.
8) Description and validity of Passes
In order to enter a Venue, Customers must generate a Pass on the Gymlib Tools.
Except in cases where Classes must be booked in advance, Customers may then enter the Venue in question during the validity period of the Pass, as described in the Special Terms and Conditions.
Some Venues offer Customers Classes which should be booked in advance via the Gymlib Tools using a Pass generated previously.
Customers must show and validate the Pass via GPS every time they enter a Venue. Customers are requested to show their Pass, which may be accessed on the Gymlib Tools, when they enter the Venue.
Passes may only be used by the holder of the Account used to generate the Pass, and an ID document confirming their identity may be requested upon arrival at the Venue.
The validity period for the Passes is detailed in the Special Terms and Conditions.
Passes have no monetary or other value outside of the Gymlib Tools and the Venues, and may not be exchanged for money or transferred to any other person.
9) General terms relating to financial conditions
The financial conditions for the Service provided via the Gymlib Tools are regularly updated.
In order 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 the SSL (Secure Socket Layer) mode to allow the data to be encrypted.
No payment may be made via telephone, post, email or fax.
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 exceeding one hundred (100) euros. 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 fraudulent use of a bank card are present.
10) Protection of personal data
Gymlib processes Customers’ personal data in accordance with the terms stipulated in its Personal Data Protection Charter, which you are requested to read and accept in full.
11) 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, Passes, Classes 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:
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.
12) Intellectual property
All constituent elements of the Gymlib Tools (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 or Customers, the property of Gymlib or the relevant rights holders.
Any 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.
Similarly, no rights or licences may be granted to Visitors or Customers for any of the elements of the Gymlib Tools without prior written authorisation from Gymlib or the third party holding the rights to these elements.
Visitors 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.
13) Right of withdrawal
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.
To guarantee the security of the Account and avoid hacking, Customers undertake to:
Customers undertake to inform Gymlib immediately if they suspect or confirm that their Account is being used by a third party.
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.
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 Visitors to any of these websites. Visitors are requested to read the general terms and conditions and/or the personal data protection charter for these third party websites carefully.
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 you have been warned 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.
17) Applicable law - Mediation - Competent courts
SPECIAL TERMS AND CONDITIONS FOR THE GYMLIB PRO SCHEME
These Special Terms and Conditions for the Gymlib Pro Scheme (the ‘Special Terms and Conditions for the Gymlib Pro Scheme’) supplement the General Terms and Conditions listed above and apply, in full and without limitation, to all subscriptions to the Gymlib Pro Scheme by a Customer (henceforth, a ‘Pro Customer’) using the Gymlib Tools.
The Gymlib Pro Scheme is a Gymlib Service for employees of companies which have signed a contract with Gymlib for the Gymlib programme (henceforth, the ‘Companies’).
Any terms beginning with a capital letter which do not appear in the Special Terms and Conditions for the Gymlib Pro Scheme are defined in the General Terms and Conditions.
2) Description of the Gymlib Pro Scheme
The Gymlib Pro Scheme allows Pro Customers to access the Venues by generating Passes, and, in some cases, by booking Classes, as part of a monthly subscription.
Pro Customers must choose between several formulas, which offer access to a varying number of Venues.
2. Number of Passes for Venues
Regardless of the formula selected, Pro Customers may use a limited number of Passes per month per Venue. The number of Passes available per Venue throughout the duration of the Subscription depends on the conditions set by each of the Venues. To find out more about the number of visits permitted to the Venues, Pro Customers can consult the ‘Help’ section on the Gymlib Tools.
This number may change without prior warning at the sole initiative of Gymlib.
3. Duration of the Subscription
Unless otherwise stated when joining the scheme, subscriptions to the Gymlib Pro Scheme last for one (1) month and are non-binding. The Subscription is renewed by tacit agreement for successive one (1) month periods thereafter (henceforth, the ‘Subscription’).
3) Terms and conditions for Subscriptions
1. Cumulative conditions for Subscriptions
Subscription is restricted to:
Gymlib may offer its Pro Customers the possibility of referring colleagues, and, in some cases, friends and relatives. The terms and conditions for the referral scheme may be consulted here. Referred colleagues and friends will pay the prices negotiated by the referring Pro Customer’s Company.
The Subscriptions of referred friends are only valid if the Pro Customer’s Account is active. In the event that the referring Pro Customer cancels their Subscription for any reason, their friends’ Subscriptions will be automatically cancelled and any Passes which have been generated but not used will be automatically deleted.
Depending on the commercial negotiations and the contract linking Gymlib and the Companies, Gymlib reserves the right to modify the terms and conditions for referral, as well as to cancel any Subscriptions belonging to referred friends and relatives.
3. Modification and cancellation of Subscriptions by Pro Customers
Subscriptions are non-binding and Pro Customers may modify or cancel their Subscription at any time by following the procedure indicated by Gymlib at the following link.
Pro Customers may cancel their Subscription at any time by filling in the following online form: cancellation form.
Requests to modify or cancel Subscriptions must be sent to Gymlib at least fifteen (15) working days prior to the Subscription renewal date on which monthly payments are collected. Otherwise, the request will be taken into account the following month.
In any event, cancellation will not entail any right to reimbursement of the Services invoiced by Gymlib prior to the effective cancellation date.
Pro Customers acknowledge that cancellation of their Subscription will automatically lead to cancellation of all generated Passes which have not yet been used.
4. Cancellation of Pro Customers’ Subscriptions by Gymlib
Pro Customers’ Subscriptions will be cancelled by Gymlib in the following cases:
Gymlib will make every effort to notify the Pro Customer of the cancellation of their Subscription for one of the aforementioned reasons by email fifteen (15) days before the cancellation takes effect. The Pro Customer will be reimbursed for the current month on a pro rata basis.
Cancellation of the Subscription will automatically lead to cancellation of all generated Passes which have not yet been used.
5. Cancellation of referred customers’ Subscriptions by Gymlib
Gymlib reserves the right to cancel any Subscription belonging to a customer who is not directly linked to the Companies. By ‘customer not directly linked to the Companies’, Gymlib refers to friends and relatives and/or beneficiaries who do not possess a work email address provided by a Company (unless stated otherwise in the contract).
Gymlib will make every effort to notify the referred Pro Customer of the cancellation of their Subscription by email fifteen (15) days before the cancellation takes effect. The referred Pro Customer will be reimbursed for the current month on a pro rata basis.
Cancellation of the Subscription will automatically lead to cancellation of all generated Passes which have not yet been used.
4) Subscription prices and payment methods
The Gymlib Pro Scheme is co-funded by the Pro Customer’s Company, so the Subscription price depends on the prices negotiated by each Company.
The Company will inform its employees of the Subscription prices. Prices are in euros and are inclusive of tax.
Pro Customers are informed that the Subscription price is payable until the effective cancellation date of the Subscription, even if the Customer does not use the Subscription, sign into the Gymlib Tools, generate Passes or attend Classes.
In addition to the provisions of Article 9 of the General Terms and Conditions, Pro 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 6).
The Subscription payments made by Pro Customers 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 for the first time, Pro 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. 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 on that date (or as soon as possible after that date).
3. Price changes
The Subscription price may be modified on the basis of commercial negotiations between Gymlib and the Companies.
Gymlib will inform Pro Customers of any changes to their Subscription price by email at least fifteen (15) calendar days before the change takes effect; any changes may not apply to subscriptions or other services for the current month.
5) Validity of Passes generated as part of a Subscription
Passes have a limited validity period of one (1) month.
If the Subscription is cancelled for any reason, unused Passes will expire immediately and will in no circumstances be reimbursed by Gymlib.
Some Classes offered by the Venues require prior booking. Pro Customers are able to cancel their bookings within a period stipulated by each Venue.
Pro Customers undertake to cancel their booking by the stated deadline if they are unable to attend the Class they have booked. If they do not attend the Class they have booked or if they cancel after the deadline, Pro Customers undertake to pay a flat fee of fifteen (15) euros per booking, which will be invoiced separately.
It is the responsibility of Pro Customers to demonstrate that their failure to respect the cancellation deadline or to attend the Class is beyond their control (medical certificate).
SPECIAL TERMS AND CONDITIONS FOR THE GENERAL PUBLIC SCHEME
These Special Terms and Conditions for the General Public Scheme (the ‘Special Terms and Conditions for the General Public Scheme’) supplement the General Terms and Conditions listed above and apply, in full and without limitation, to all purchases of a Pass by a Customer as part of the General Public Scheme using the Gymlib Tools.
Any terms beginning with a capital letter which do not appear in the Special Terms and Conditions for the General Public Scheme are defined in the General Terms and Conditions.
2) Terms and conditions for the General Public Scheme
1. Terms and conditions for subscription to the General Public Scheme
Subscription to the General Public Scheme via the Gymlib Tools is restricted to natural persons 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 if they are minors.
2. Duration of subscription to the General Public Scheme
Subscription to the General Public Scheme is valid for an indefinite period. Customers may close their Accounts at any time by following the instructions listed in Article 4.3 of the General Terms and Conditions.
In any event, cancellation will not entail any right to reimbursement of the sums invoiced by Gymlib prior to the effective cancellation date.
3. Validity of Passes
Passes are valid for a finite period which will be indicated at the time of purchase. They may only be used during this period.
Prices and payment methods
Price of Passes
The prices of the Passes are as listed on the Gymlib Tools at the time of purchase, and are determined in accordance with:
Prices are in euros and are inclusive of tax.
In addition to the provisions of Article 9 of the General Terms and Conditions, payments made by Customers under the General Public Scheme will be collected by Gymlib within a maximum of seven (7) days. Once the payment has been confirmed and authorised, the Pass booking is accepted and a confirmation email will be sent to the customer.