GoSweat Users' Terms and Conditions


Introduction

Welcome to our website. The following terms and conditions of use (“Terms”) set out our relationship with you in relation to this website.

Any purchase of goods or services which you make through our Website will be subject to these Terms.

The term ‘we’ (or ‘GoSweat’) means GoSweat Ltd the owner and operator of the website www.gosweat.com (the “Website”) whose registered office is 65b Landor Road Landor Road, London SW9 9RT and company registered in England and Wales under company number 10399802 (‘us’ and ‘our’ will be construed accordingly).

The term ‘you’ refers to the customer, user or viewer of our Website (and ‘your’ will be construed accordingly).

 

How we operate

GoSweat offers you the chance to experience gyms, yoga studios and all types of sports clubs through purchasing vouchers (“Vouchers”) for your chosen sport or work-out (“Sports Experience”).

All of our experiences are provided by independent third party Health & Fitness and Sports Providers (“Sports Providers”). Whilst GoSweat is pleased to introduce you to these Sports Providers, you should be aware that we are not a party to any contract between you and the Sports Provider for the provision of your Sports Experience, and will not be liable to you in relation to that contract. In the event you are dissatisfied in any way, your remedy is only against the Sports Provider. You are, however, welcome to provide us with your feedback in relation to any Sports Experience you may book through our Website.

Whilst we have made all reasonable efforts to ensure that we provide Sports Experiences from suitable and professional operators and that they provide to us accurate images and descriptions of their facilities, we are not able to guarantee the accuracy or suitability of any particular Sports Experience offered through the Website.


By using our site you accept these terms

By using our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our sites.

We recommend that you print a copy of these terms for future reference.


There are other terms that may apply to you

These terms of use refer to our privacy policy and cookie policy which also apply to your use of our site.


We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.


We may make changes to our site

We may update and change our sites from time to time. We will try to give you reasonable notice of any major changes.


We may suspend or withdraw our sites

Our sites are made available free of charge.

We do not guarantee that our sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sayhello@gosweat.com


Purchasing Vouchers on our sites

We do not organise activities. We enable sports providers to provide you with easy way for the purchase vouchers to these activities through our site. If you decide to purchase a voucher to an activity from a GoSweat listed Provider, you should be aware that we are not a party to any contract between you and the Sports Provider for the provision of your activity voucher, and will not be liable to you in relation to that contract.

We may offer different types of Vouchers, which may provide you with access to different services, activities or times of use. Full details of how and when each of our different Vouchers may be used will be set out on the Website.

We reserve the right to cancel any purchase order if, for example:

·     your payment is not authorised by our payment system;

·     there is an error on the Website regarding the price or description; or

·     the Sports Experience you have ordered is no longer available.

By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment was made.

Our standard Vouchers (for non-date specific events) expire on the date which is 30 days from the date of purchase. Our block purchase Vouchers will have an expiry date of not less than 1.2 weeks per session (so, for example, if you purchase a block of 5 sessions, you will have not less than 6 weeks to use those Vouchers). You should therefore ensure that you use your Vouchers within that period, otherwise the Voucher will expire and you will not be able to extend it or to receive a credit or refund.

 

Cancelling vouchers on GoSweat

Provided that you have not already used your Voucher, we are happy to provide you with a credit for use on an alternative Voucher in the future or, if you prefer, we can issue you with a refund, if you cancel within 14 days of purchase.

In this case, you should contact us at sayhello@gosweat.com within 14 days, including details of your Voucher number. We will then provide you with a credit which you can use against a future Voucher, or, if you prefer we will issue you with a full refund to the credit card used to purchase the Voucher. We are unable to issue any credits or refunds after the expiry of this 14 day period.

If your Voucher is for a Sports Experience which is booked for a specific date, you will not be able to cancel (a) once 14 days have passed from the date of purchase of the Voucher, or (b) less than 24 hours before the Sports Experience is due to take place.
Some Sports Experiences may be dependent of weather conditions and you should check with your Sports Provider for any relevant terms relating to postponement or cancellation. In the unlikely event that one of our Sports Providers needs to cancel a Sports Experience they will contact you.


Our Sports Experiences

All Sports Experiences listed on the Website are subject to availability, which can change.

We reserve the right to amend the details and specifications of our Sports Experiences as necessary, and to remove or add new Sports Experiences from time to time.

Please note that some Sports Experiences are provided to individuals and some are undertaken in groups together with other members of the public.

Please note that you will be bound by the terms and conditions of the relevant Sports Provider in relation to the Sports Experience you have chosen, so you should check with the Sports Provider to ensure that your Sports Experience meets your requirements and that you fulfil any conditions which may be required for participation in your Sports Experience (such as health or age). If you do not check these conditions and you do not meet the requirements of the Sports Provider, you may not be eligible to receive a refund.

 

Prices

All prices are in pounds sterling and include VAT at the prevailing rate.

  

Refunds and Cancelling Vouchers

Provided that you have not already used your Voucher, we are happy to provide you with a credit for use on an alternative Voucher in the future or, if you prefer, we can issue you with a refund, if you cancel within 14 days of purchase.

In this case, you should contact us at sayhello@gosweat.com within 14 days, including details of your Voucher number. We will then provide you with a credit which you can use against a future Voucher, or, if you prefer we will issue you with a full refund to the credit card used to purchase the Voucher. We are unable to issue any credits or refunds after the expiry of this 14 day period.

If your Voucher is for a Sports Experience which is booked for a specific date, you will not be able to cancel (a) once 14 days have passed from the date of purchase of the Voucher, or (b) less than 24 hours before the Sports Experience is due to take place.

Some Sports Experiences may be dependent of weather conditions and you should check with your Sports Provider for any relevant terms relating to postponement or cancellation. In the unlikely event that one of our Sports Providers needs to cancel a Sports Experience they will contact you.

 

Use of our Website

Unless otherwise stated, GoSweat owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view website pages, download website pages and print website pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

 

Copyright and Licence

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

You are granted a licence to use the material contained in this website subject to the restrictions described in these Terms.

You are not permitted to:

·     republish material from this website (including republication on another website, except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts in order to promote use of the Website);

·     sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from the website and any material or any part thereof for use by any third party;

·     exploit material on our website for a commercial purpose;

·     use any material in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and GoSweat may take such action as we deem appropriate to deal with the breach, including suspending your access to the website.

 

User Content 

Our Website may permit users to submit text, images, videos or other content by you and other users ("User Content") and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that: 

(i)             you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and 

(ii)            whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content (and derivative works thereof); and

(iii)           you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action. 

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

 

How you may use material on our sites

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.



Do not rely on information on these sites

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date

Please note that some Sports Experiences are provided to individuals and some are undertaken in groups together with other members of the public.

Please note that you will be bound by the terms and conditions of the relevant Sports Provider in relation to the Sports Experience you have chosen, so you should check with the Sports Provider to ensure that your Sports Experience meets your requirements and that you fulfil any conditions which may be required for participation in your Sports Experience (such as health or age). If you do not check these conditions and you do not meet the requirements of the Sports Provider, you may not be eligible to receive a refund.


No Warranties

This website is provided “as is” without any representations or warranties, express or implied. GoSweat makes no representations or warranties in relation to this website or the information and material provided on this website. 

The content of the pages of this website is for your general information and use only and it is subject to change. 

Nothing on this website constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on this website for any particular purpose. Your use of any information or material on this website is at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 

Limitations and exclusions of liability

To the extent that the website and the information and services on the website are provided, our liability to you in relation to the use of our website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: GoSweat and its employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this website; GoSweat and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

In no event will we be liable for any loss above a maximum total of the price of the Voucher purchased in respect of any claim.

Nothing in these Terms will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

By using this website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this website.

 

Indemnity

If you breach these Terms you will be held fully responsible for any loss suffered by GoSweat as result of such breach.

You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

 

Other Websites: we are not responsible for websites we link to

Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources. 


Waiver

The failure by GoSweat to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

 

Variation

We may revise these Terms from time-to-time.  Revised Terms will apply to the use of our website from the date of the publication of the revised Terms on our website.  Please check this page regularly to ensure you are familiar with the current version.

 

Entire agreement

These Terms constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.


Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:


If you are a business user:


If you are a consumer user:


How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.


We are not responsible for viruses and you must not introduce them.

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or relevant local laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.


Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.


Our trade marks are registered

GoSweat and the GoSweat logo are registered trade marks of GoSweat Ltd. You are not permitted to use them without our approval.