1. The GoSweat Platform
1.1 Please read these terms (the “Terms”) carefully as they govern your use of the GoSweat website, www.gosweat.com (the “Website”), and the booking system, apps, tools, platforms or other devices on which our services are made available to you (together, the “Platform”) and set out your obligations to GoSweatLimited, the owner and operator of the Platform, (and referred to in these Terms as “us”, “we”, “our” or “GoSweat”) whose registered office is 65b Landor Road Landor Road, London SW9 9RT and company registration number is 10399802 and your additional obligations to users booking Sports Experiences through the Website.
1.2 By registering as a Sports Provider (referred to in these Terms as “you” or the “Sports Provider”) with the Platform, you confirm your acceptance of these Terms. The person who completes the online registration procedure on behalf of a Sports Provider hereby warrants and represents that he/she has full authority and permission of the Sports Provider to bind the Sports Provider to these Terms.
1.3 We may vary these Terms from time to time and shall post such alterations on the Website with at least a month’s notice. We will advise you of any change in the Terms by email or by a notification on your dashboard. If you do not agree to the changes made to the Terms, then you have the right to stop using the Platform, and should do so immediately by writing to us at firstname.lastname@example.org. Your continued use of the Platform after the date the changes have come into effect will constitute acceptance of the amended Terms.
1.4 You agree that if you choose to terminate this agreement at any time, you will be obligated to comply with these Terms in full in relation to any outstanding Bookings which have been made but have not yet completed.
2.1 These Terms also make use of the following definitions:
“Booking” means the purchase of a Voucher by a User for a Sports Experience.
“Booking Fee” means the price of the Voucher purchased by a User, including VAT (where applicable).
“Date Specific Experience” means a Sports Experience which is made available to the User to take place on a specified date only;
“Sports Experience” means a health & fitness or sports experience which is made available by the Sports Provider to Users through the Platform.
“User” means a person who makes a Booking, or makes use of a Voucher.
“Voucher” means a voucher for the Sports Experience purchased by a User through the Website.
3. Registration procedure
3.1 To register as a Sports Provider with the Platform you should follow the registration steps set out on the Website.
3.2 The Sports Provider warrants that all information it provides for inclusion on the Platform (including pictures, photos, video and descriptions), its facilities and services and availability times and other policies and restrictions (the "Provider Information") shall be true and accurate and not misleading.
3.3 Personal Trainers will be required to provide proof of their qualifications prior to their services being listed on the Platform.
3.4 We reserve the right to edit or exclude any Provider Information at our discretion.
3.5 The Sports Provider shall ensure that the Provider Information is correct and up-to-date at all times and shall update the Provider Information as may be required to maintain accuracy.
3.6 We will provide you with a user ID and password which allows you to access your dashboard on our Platform. You agree to safeguard and keep the user ID and password confidential and safely stored and not disclose it to any person other than those who need to have access. You agree to immediately notify us of any security breach or improper use.
4. Price, availability and conditions parity and Discounted Fees Offer
4.1 The Sports Provider shall give GoSweat parity in terms of price, availability and conditions. This means that the Sports Provider shall offer Users of GoSweat the same or better rates for the same facilities or activities and the same or better conditions on all matters as made available by the Sports Provider to other websites and online platforms.
4.2 The Sports Provider agrees and accepts that GoSweat has the right to reduce the price of the Sports Provider’s classes by a maximum £5 for a maximum of 8 weeks during any calendar year (the “Offer Period”). During this Offer Period, each user will be able to book onto a maximum of one class per studio, at the reduced fee, and GoSweat will be entitled to charge the Sports Provider the standard commission of 20% of the reduced value of the class, (together with any additional relevant fees as set out in clause 5).
5.1 The Sports Provider agrees to pay GoSweat a commission (the "Commission") in respect of each Booking made through the Platform.
5.2 The Commission shall be calculated as 20% (twenty percent), excluding VAT, on the amount of the Booking Fee, plus the cost of any charge made by your payment or integrated booking system. For example, in the case of Stripe, this is an additional 20p + 1.4% and, in the case of the use of the Mindbody booking system, this means a monthly fee of £8 per location. The total amount of the Commission due will be deducted from the first payment(s) until paid in full.
5.3 GoSweat will act as the agent of the Sports Provider, and collect the Booking Fee from Users on its behalf. GoSweat shall deduct its Commission from the Booking Fee and pay the balance (the “Provider’s Fee”) to the Sports Provider.
5.4 The payment of the Provider’s Fee shall be made on a 7 day rolling basis
(a)once the date for a Date Specific Experience has passed (in the case of a Date Specific Experience); or
(b)once a Voucher has been redeemed by a User and validated by the Sports Provider (in the case of non-Date Specific Experience); or
(c)once the first Voucher has been redeemed by a User and validated by the Sports Provider (in the case of a block purchase of sessions).
6.1 GoSweat is not party to any contract or arrangement entered into between Users and the Sports Provider, and consequently shall not be liable in respect of any liability whatsoever in relation to any damage or loss caused by Users, or any other matter arising in relation to a Booking.
6.2 Should the Sports Provider have any complaint or dispute with Users, the only remedy shall be direct with the Users. GoSweat does not provide any mediation services.
6.3 The Sports Provider agrees that it is bound to make available to Users the facilities and services stated on the Voucher until the expiry of the Voucher’s usage date (which shall be 30 days from the date of purchase in the case of standard Vouchers, and not less than 1.2 weeks per session in the case of a purchase of a block of Personal Training sessions – for example, not less than 6 weeks in the case of a block of 5 sessions).
6.4 The Sports Provider shall state clearly in its online profile if there are any further fees or charges which may be required to be paid by a User when using those services specified in the Voucher.
7.1 Users who book Date Specific Experiences are entitled to cancel (a) within 14 days from the date of purchase of the Voucher and (b) provided that this is not less than 24 hours before the Sports Experience is due to take place. In such a case, the User will be granted a full refund (or credit) and no payment will be made to the Sports Provider.
7.2 If a User fails to arrive for a Date Specific Experience and has not cancelled in accordance with clause 8.1, you shall remain entitled to receive your full Provider’s Fee.
8.1 The Sports Provider grants to GoSweat a non-exclusive, royalty free and worldwide right and licence to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize (including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy and make available to the public in any manner whatsoever) the Provider Information.
8.2 We may sublicense, make available, disclose and offer the Provider Information on the Platform and in collaboration with the websites, applications, platforms or other devices of affiliated companies and/or third parties on the same terms and conditions as provided in these Terms.
9.1 You understand and agree that we may ask Users to review the services you have provided and that we may use such review for any purpose, including providing such review to prospective Users and/or posting such review to the Website.
9.2 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, such reviews is our property, and nothing in the Terms shall be taken to transfer any such intellectual property to you. In particular, you may not use all or any part of a review for any purpose outside of the GoSweat Platform without our written permission.
9.3 We reserve our right, but shall not have an obligation, to monitor or edit User reviews. We shall be under no obligation to remove or edit any review at the request of a Sports Provider. You further agree that we shall have no liability in relation to the publication of any review.
9.4 If review comments fall outside our guidelines we may choose to remove the offending comments from the review but to leave the score, or reject the entire review, and we may offer the User another opportunity to review.
10.1 We are not obligated to make available the Platform services to you and we reserve the right to remove any Sports Provider from our Platform at any time and for any reason, at our discretion.
10.2 We make no warranty that the Platform will provide an uninterrupted service or be error free, or that any defects will be identified or corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Platform will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
10.3 We make no warranty as to the Users we may refer to you and are not liable for any loss or damage you may incur as a result of a Booking, including without limitation any damage caused by the User.
10.4 GoSweat acts as an introducing agent and is not a party to any contract made between you and the User. You will be responsible for all legal and regulatory requirements relevant to your contract with your User.
11. Limitation of Liability
11.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
11.2 If you are dissatisfied with the GoSweat Platform, or these Terms, your remedy shall be to discontinue your use of the GoSweat Platform.
11.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the GoSweat Platform.
11.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
11.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, or any other economic loss.
11.6 In the event that any relevant limitation or exclusion of liability in the Terms is not enforceable, then our liability to you shall not exceed the value of the Voucher in respect of which the matter relates.
12. Intellectual Property Rights
12.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the GoSweat Platform (the “Intellectual Property“), including the manner in which GoSweat is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any of any Intellectual Property to you.
13. General Terms
13.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
13.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agree that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act or omission.
13.3 We reserve the right at all times to edit, refuse to post, or to remove from the Platform any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
13.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
13.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
13.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
13.7 If these Terms appear in a language other than English, it is for reading purposes only, and the Terms will be valid according to the original English language version.
13.8 The terms provide the entire agreement between the parties and supersede any previous terms or conditions that may have been posted online or were previously made available to the Sports Provider.
13.9 The Terms shall be subject to the laws of England and the parties shall submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from them