General terms and conditions for Gymlib tools

November 2019

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.

1) 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:

  1. Personal Data Protection Charter refers to the document accessed via https://www.gymlib.com/en, which lists the data processing procedures used by Gymlib.

  2. Customer refers to any natural person who has (i) purchased a subscription to the Gymlib Pro Scheme in accordance with the General Terms and Conditions and the Special Terms and Conditions for the Gymlib Pro Scheme or (ii) purchased one or more Passes in accordance with the General Terms and Conditions and the Special Terms and Conditions for the General Public Scheme.

  3. Account refers to the individual account belonging to each Customer, which is created when signing up to the Gymlib Tools.
     
  4. Gymlib Terms and Conditions refers jointly to (i) the General Terms and Conditions, (ii) the Personal Data Protection Charter, (iii) the Special Terms and Conditions and (iv) any additional special terms and conditions provided by Gymlib to the Visitor or Customer.

  5. General Terms and Conditions refers to these terms and conditions, which apply to browsing of the Gymlib Tools by Visitors and use of the Services by Customers.

  6. Special Terms and Conditions refers to the following special terms and conditions supplementing the General Terms and Conditions: (i) the Special Terms and Conditions for the Gymlib Pro Scheme and (ii) the Special Terms and Conditions for the General Public Scheme.

  7. Classes refers to the services offered by a Venue, which are available to Customers after booking via the Gymlib Tools and obtaining a Pass.

  8. Venue(s) refers to all of Gymlib’s partner clubs, gyms and sporting facilities, as listed on the Gymlib Tools.

  9. Gymlib Pro Scheme refers to the monthly subscription allowing the Customer, an employee of a company which has signed a contract with the Gymlib programme, to book Classes in accordance with the Gymlib Terms and Conditions.

  10. General Public Scheme refers to the purchase of one or more Passes by a Customer in order to book one or more Classes in accordance with the Gymlib Terms and Conditions.

  11. Gymlib Tools refers alternatively or cumulatively to (i) the platform accessible via www.gymlib.com/ or (ii) the mobile application entitled ‘Gymlib’. The Gymlib application is available on the Android and Apple app stores.

  12. Pass refers to the personal, non-transferable right to access a Venue, subject to the terms of use and validity established by the Venue in question. In certain cases, which are listed on the pages for the relevant Venues, access to the Venue is only possible by booking a Class.

  13. Service(s) refers to the access to the Venues provided by Gymlib via the Gymlib Tools, including the Gymlib Pro Scheme and the General Public Scheme.

  14. Gymlib or we refers to the company GYMLIB SAS with a capital of €38,736 and registered offices at 31 Boulevard Victor Hugo, 92200 Neuilly-sur-Seine, France, listed on the Nanterre Trade and Companies Register under number 794 597 864, which publishes the Gymlib Tools.

  15. Visitor or you refers to anybody browsing the Gymlib Tools without an Account.



2) Acceptance and modification of the Gymlib Terms and Conditions

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

  2. 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 general terms and conditions of the Venues, which are also applicable to Customers as soon as they enter the premises of the Venue. Before generating any Passes or booking Classes, it is recommended that you read the rules and/or the general terms and conditions for the Venue in question.

  3. In the event of any discrepancy between the General Terms and Conditions and the Special Terms and Conditions, the Special Terms and Conditions shall take precedence.

  4. 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 Passes 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.

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

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

  7. Some plans, schemes (especially the Gymlib Pro Scheme and the General Public Scheme), products, services, features and options are subject to additional terms, conditions, guidelines or rules that we or relevant third parties may publish, announce or modify at any time. Your use of these plans, schemes, products, services, features and functions is subject to the aforementioned additional special conditions, which are incorporated herein by reference.



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.


4) Accounts

     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:

  • Surname;
  • First name;
  • Valid work email address for subscriptions to the Gymlib Pro Scheme (except in exceptional cases negotiated by the employer) or personal email address for subscriptions to the General Public Scheme;
  • Password;
  • Date of birth;
  • Telephone number;
  • Invoicing address.

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:

  • personal information must be accurate, valid, verifiable, complete and up-to-date;
  • subscribers to the Gymlib Pro Scheme must provide the work email address assigned to them by their employer, who must be a member of the Gymlib programme;
  • subscribers to the General Public Scheme must provide a valid personal email address;
  • 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.


     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:

  1. Warning: 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;

  2. 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;

  3. 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 Passes, supplying false information (surname, first name, etc.), failing to comply with the terms of use of the Venues.

  4. 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.


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

  1. 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 Pro Scheme or the General Public Scheme (the ‘Right of withdrawal’) in accordance with the following terms and conditions.

  2. 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.

  3. 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.

  4. 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.

  5. The right of withdrawal is only valid if, and only if, the Customer has not generated any Passes providing access to a Venue.



14) Security

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:

  • not 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;

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.


15) Hyperlinks

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.


16) 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 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

  1. The Gymlib Terms and Conditions are governed by French law.

  2. 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 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 consumer dispute which has not been satisfactorily resolved.

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

  4. 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.



18) Miscellaneous

  1. 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.

  2. 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.

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

  4. 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.



SPECIAL TERMS AND CONDITIONS FOR THE GYMLIB PRO SCHEME


1) Subject

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

     1. Introduction

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:

  • 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 (parent or guardian) if they are minors; and
  • employees of a Company, with the exception of referrals as described in Article 3.2 of these Terms and Conditions.


     2. Referrals

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:

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

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

     1. Price

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.

     2. Payment

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.


6) Penalties

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

1) Subject


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:

  • the Venue in question;
  • the type of Class;
  • the duration of the Pass or the number of Classes selected.

Prices are in euros and are inclusive of tax.

     2. Payment

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.