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 registration number is 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.

 

Purchasing Vouchers

GoSweat issues Vouchers to its customers that they may purchase and use themselves, or give as a gift to others, to use against any of the Sports Experiences listed on the Website.

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.

 

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.

 

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

This website may contain links to other websites that are not under the control of and are not maintained by us. GoSweat is not responsible for the content or reliability of the linked websites. GoSweat provides these links for your convenience only but does not endorse the material on these sites.

 

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.

 

Jurisdiction and governing law 

These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.