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TERMS & CONDITIONS

DEFINITIONS

The Service is operated by Compare Fitness World Limited, a limited company registered in England and Wales under company number 9113986 with its registered office at Spaceworks, Benton Park Road, Newcastle, England, NE7 7LX. Please contact us by sending an email to info@comparefitnessworld.com.

These Terms and Conditions govern your use of the Compare Fitness World service (the "Service") which can be accessed via our website at www.comparefitnessworld.com (the “Website”). Please read the Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions please do not use the Service. If you have any questions about these Terms and Conditions please contact info@comparefitnessworld.com.

Partners: Gyms or Health Clubs, Personal Trainers or Fitness Service Providers who are business users of Compare Fitness World.

Product / Services: We provide passes for entrance into Partner gyms, for however Compare Fitness World may from time to time sell other product as to which the following terms and conditions apply.

Compare Fitness World acts as Principal and as a Disclosed Agent for third party suppliers. When Compare Fitness World is acting as a Disclosed Agent this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. Where we act as a Disclosed Agent, this will mean that we have no contractual liability to you in respect of that product. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law. However, for other Partners, we act as Principal. This means that the contract for the product is between you and us. We will always let you know where we act as Principal and where we act as a Disclosed Agent. A purchase is made at the point a pass is redeemed. At this point a receipt of purchase will be available.

1. ACCESSING OUR SITE

You will be able to access the majority of our Website without registering details with us. However, certain areas of this Website will only be accessible only if you have first registered an account.

2. OUR SERVICE AND YOUR USE OF IT

The Service enables a person or Partners to register with us and to create an account (an "Account"). A Partner can then upload offer listings for health and fitness services to their profile, associating it with a specific profile and URL. Users (consumers) can then access the Website in order to search vouchers for these offers. Purchases of these voucher passes can be made by Users if they choose to create an Account with us. Purchase is not considered made until redemption of these vouchers at the Partners’ premises.

By Creating an Account, whether Partner or User, you agree that we may use your information, including personal information, in the ways described above here in these Terms of Use.

Full details of the Service will be published on our Website from time to time. We are continually seeking to develop and improve the Service we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the Service without notice.

Customers are allowed to create one account only on Compare Fitness World. We reserve the right to close all accounts of users that are suspected of creating multiple accounts in order to take advantage of promotions, referral offers or any other part of the Service for their own or a third party’s advantage.

3. CODE OF CONDUCT

This Code of Conduct applies to all Users of the Service and any Account or Profile created using the Service. If you register to use the Service you acknowledge and agree that you are entirely responsible for all information, images, URLs and other material that you upload, post, email, transmit or link to via the Service. In addition, you agree to use the Service responsibly and for the purpose for which it was intended and to comply with all applicable laws and regulations.

In particular, you agree that you will not use the Service to:

  • upload, post, email, transmit or link to any content or material that is unlawful, harmful to minors or others, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • engage in or promote any unlawful or criminal activity;

  • impersonate any person or entity, misrepresent your age or identity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

  • 'stalk', bully or otherwise harass another;

  • upload, post, email, transmit or link to any content that you do not have a right to transmit or link to under any law or under contractual or fiduciary relationships;

  • upload, post, email, transmit or link to any content that infringes any copyright or intellectual property rights of any party;

  • upload, post, email, transmit or link to any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', or any other form of solicitation;

  • upload, post, email, transmit or link to any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

  • attempt to gain access to any Account of any other User or to any part of the Service which you are not authorised to access;

  • disrupt the use of the Service by other Users, or otherwise act in a manner that negatively affects other Users' ability to use the Service.

This is not an exhaustive list. What we generally require of Users is lawful and considerate behaviour, which does not abuse the facilities which we make available. We will not tolerate any behaviour which damages our reputation, may expose us to civil or criminal liability or which has a negative impact on us on any other Users or prospective Users of the Service.

4. BREACH OF THE CODE OF CONDUCT

We do not guarantee active moderation of all user interactions in each case across our Service. We expect the Users of our Service to resolve any disputes or differences of opinion between themselves where our policies do not apply.

However, if we learn of or suspect any breach of our Code of Conduct or any other party of our Terms and Conditions, we reserve the right to take whatever action we consider (in our absolute discretion) necessary in the circumstances in order to protect ourselves from liability or to prevent or deter misuse of our Service or any Account. This may include;

  • removing, amending or deleting any content which in our absolute discretion we consider to be unacceptable or undesirable;

  • sending a formal notice requiring any User or Users of our Service to desist from unacceptable or undesirable behaviour;

  • suspending, terminating or blocking access to the Service or any Account to any User or Users of the Service or any Account with or without notice, temporarily or permanently;

  • reporting activities to the police or relevant authorities;

  • taking legal action against any User or Users or assisting in legal action being taken against any User or Users.

If you use our Service you agree to indemnify and hold us and our employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content or material you upload, post, email, transmit or link to on or through the Service or any use of the Service by you which contravenes these Terms and Conditions.

We reserve the right to screen content posted to our transmitted via our Service for unlawful or objectionable content, although we shall be under no obligation to do so.

If you wish to report a breach of our Terms and Conditions or Code of Conduct you should email info@comparefitnessworld.com.

5. RESPONSIBILITY FOR INFORMATION AND CONTENT PROVIDED BY USERS

If you use our Service, you agree that you will be solely responsible for any information, offers, prices, images, URL's, links, messages, or other content or material you upload, post, email, transmit or link to via the Service. You also understand and agree that all information, images, URLs, links, messages, and material uploaded, posted, transmitted or linked to via the Service by any other User ("User Content") is the sole responsibility of the person from whom it originated. We do not routinely control or check any such User Content and therefore do not guarantee the accuracy, integrity or quality of any such User Content.

Under no circumstances will we be liable in any way for any User Content, including (without limitation) any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of your use or reliance on any User Content. You agree that you must evaluate and bear all risks associated with the use of any User Content including any reliance on its accuracy or completeness.

6. RESPONSIBILITY FOR INFORMATION AND CONTENT PROVIDED BY USERS

We warrant that we will use reasonable skill and care in making the Service available to you. Because of the nature of the Service, the sources from which the information appearing on the Service is obtained and because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in relation to the Service or this Website. In particular (but without limitation):

  • We do not warrant the accuracy or integrity of any information appearing on this Service. This includes (but is not limited to) the results of any Searches and any User Content. You must use your own judgement when relying on or acting on any such information appearing accessed via the Service and do so at your own risk;

  • We do not warrant that this Service will meet your requirements, be suitable for your particular purposes or achieve any particular result. You must satisfy yourself that the Service is suitable for your purposes before you use it.

  • We do not warrant that the Service will be fault or virus free or continuously available. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services or for reasons outside of our control. You should not rely on the Service as a place to store material, information and content and you shall be solely responsible for keeping back-up copies of any information, material you upload or transmit via the Service;

Accordingly, all implied warranties, which may have effect between us, are excluded from the agreement between us to the fullest extent permitted by law.

7. LIMITATION OF LIABILITY

Save as expressly provided in these Terms and Conditions, the Service is made available free of charge on an “AS IS” basis. If you use the Service you understand and agree that your information will be used in the ways described above and you use the service at your own risk. Accordingly, to the fullest extent permitted by law, we exclude all liability to you for any loss or damage (including but not limited to loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses) howsoever arising out of your use of this Service or any fault or problem relating to this Service or any content on this or received through this Service or any use of the Service by any third party.

If you exchange a pass or membership for entrance to any of our Partners’ premises within the Compare Fitness World programme, Compare Fitness World has no liability whatsoever in contract, tort, or otherwise for your acts, experiences, omissions or opinions and is in no way responsible for the behaviour or experiences within any of the Partners’ premises. Compare Fitness World is therefore in no way liable or responsible for your health and safety at any time when on Partners’ premises.

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for loss or damage that may occur as a result of your or a third party’s use of the Compare Fitness World website. This exclusion includes servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website and our service.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.

8. LIMITED WARRANTY AND DISCLAIMERS

We warrant that we will use reasonable skill and care in making the Service available to you. Because of the nature of the Service, the sources from which the information appearing on the Service is obtained and because of the nature of the Internet, errors and omissions do occur and we do not give any other warranties in relation to the Service or this Website. In particular (but without limitation):

  • We do not warrant the accuracy or integrity of any information appearing on this Service. This includes (but is not limited to) the results of any Searches and any User Content. You must use your own judgement when relying on or acting on any such information appearing accessed via the Service and do so at your own risk;

  • We do not warrant that this Service will meet your requirements, be suitable for your particular purposes or achieve any particular result. You must satisfy yourself that the Service is suitable for your purposes before you use it.

  • We do not warrant that the Service will be fault or virus free or continuously available. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services or for reasons outside of our control. You should not rely on the Service as a place to store material, information and content and you shall be solely responsible for keeping back-up copies of any information, material you upload or transmit via the Service;

Accordingly, all implied warranties, which may have effect between us, are excluded from the agreement between us to the fullest extent permitted by law.

9. TERMS OF USE FOR DIFFERENT PASSES AND MEMBERSHIPS

A pass is a unique voucher code purchased by you which only applies to and is valid to be redeemed at the selected Partner for entrance into and/or use of their facilities.

1 SESSION PASS

All 1 Session passes are valid for one single entrance to the gym, session with a PT, class or bootcamp it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked ‘Expired’ in the ‘My Account’ section. You may refund an unused 1 Session pass at any point during its 30 day validity period. Refunds for 1 Session passes are in the form of bonus credit, which can be used to purchase any of the products on our website, and will be valid for 30 days from the date of the refund.

Once used, a 1 Session pass may not be refunded.

A 1 Session pass purchased with bonus credit can be refunded, however the bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used. A 1 Session pass purchased with a ‘First Pass Free’ promotion can be cancelled but no funds will be transferred back into the registered user’s account.

BUNDLE PASSES

Passes may be bundled together and sold at a discounted price below the corresponding individual pass. These are valid for 90 days from the date of purchase. Unused bundle products are refundable within 14 days of purchase.

1, 3, 6 & 12 MONTH PASSES AND MEMBERSHIPS

These passes or memberships are valid for an unlimited number of entries at the venue they have been purchased for, are only valid for the individual who has purchased them and are valid for 90 days from date of purchase. Unused 1, 3, 6 & 12 month passes are refundable within 14 days of purchase.

CHARGES

Business users take 80% of the revenue generated from sold items. Compare Fitness World takes 20% as an admin and processing fee. This includes costs of money transfer via our payment providers and our fee for the marketing of services which generates sales amongst our visitors.

e.g. If is business user sells a pass for £100, they will receive £80 from Compare Fitness World once that pass is redeemed by the user. Compare Fitness World will take £20 as their fee for generating the sale and for admin and processing of the transaction. We endeavour to drive as many customers to our site as possible.

Payments to business users will be made at the end of the month on or around 25th day of the month wherever possible, once a redemption has occurred.

If you have any questions about our payment and charge policies, please contact us immediately via info@comparefitnessworld.com or by calling 01912236790.

10. AGE RESTRICTION ON PASSES AND MEMBERSHIPS

You have to be aged 18 years or above to purchase a pass, although some of our Partners will allow parents and other legal guardians to purchase passes to be used by children under 18 in their care. It is at the discretion of the Partner and you are advised to check with them prior to your visit if you would like to purchase a pass for children under 18 years of age.

11. GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

12. OPENING HOURS

Peak and off-peak times may vary amongst our Partners; they may occur on/within a particular day and be different for certain days of the week. A 1-day pass bought for off-peak period will only work for an off-peak period. A pass bought for a peak period will be valid for anytime use. Partners may change opening times without informing Compare Fitness World, however we aim to keep the information on Compare Fitness World as up-to-date and correct as possible.

13. FEEDBACK ON GYMS

We allow you to leave feedback on Partners you have purchased from. Once you have redeemed a voucher, you will be allowed to leave rated feedback for Partners’ facilities. Free text feedback is published if deemed to be a fair and true representation of a customer’s experience. Compare Fitness World will allow the partner gym to respond to feedback where and when appropriate. By agreeing to these Terms & Conditions you agree to provide helpful and constructive feedback. We appreciate you spending time to help other gym users and our Partner gyms by describing and rating your experiences.

14. PROMOTIONS

Compare Fitness World will occasionally run promotional offers in the form of vouchers and discounts that can be applied to user accounts. Certain promotions may not be applied to existing accounts or individuals who already have a Compare Fitness World account, whether active or dormant. Promotional vouchers cannot be transferred to other users under any circumstance. Vouchers can only be redeemed against the purchase of products on the Compare Fitness World website and are not valid for use directly at the gym.

15. INTELLECTUAL PROPERTY

Users shall retain ownership of all content and material which they upload or transmit to or via the Service. By submitting any such material to or via the Service you are granting to us a perpetual royalty-free non-exclusive licence to use such material, for the purpose of making the Service available to you and to other Users. If you upload or transmit any material to or via the Service you warrant that you have the right to grant us a licence to use such material in accordance with this section 10.

Our Website and the Service is protected by copyright, trademarks, database right and other intellectual property rights which are owned by us or by our licensors. You may retrieve and display any material you are authorised to access using the Service, on a computer screen, store such content in electronic form or print a reasonable number of copies of such material for your own personal, non-commercial use provided you keep intact all and any copyright and proprietary notice. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any content accessed via the Service without our prior written consent.

16. PRIVACY POLICY

Our Service includes areas where you are requested to input information about yourself. Any information you submit to us through our Service shall be subject to the terms of our Privacy Policy. We use cookies on our Website. Further information about cookies and how we use them can be found in our Privacy Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.

17. NOTICES

Notices shall be given to us via email at info@comparefitnessworld.com or by post to our registered office address set out above; or to you at either the email or postal address you provide during the registration process. Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

18. CANCELLATION AND TERMINATION

You may terminate your Account and contract with us at any time by notifying us in writing by post or by email to info@comparefitnessworld.com.

For Partners, offers sold for your premises will remain redeemable for the original validity period at the time of sale.

We may discontinue the Service and/ or terminate your account at any time (for any reason) by giving reasonable notice to you. We may also terminate our contract with you and/or terminate or suspend your Account or access to the Service with immediate effect if we believe you have breached or contravened any of these Terms and Conditions.

19. GENERAL

We may transfer and/or assign our rights and/or our obligations under these Terms and Conditions or our contract with you. This will not affect your rights under your contract. You may not transfer any of your rights or obligations under this agreement.

If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.

Your registration details and these Terms and Conditions, together with our Privacy Policy and any additional legal terms or notices which we may post on our Website or Service from time to time, represents the entire terms agreed between us and may be amended only by our agreement in writing.

These Terms and Conditions and the contract between us shall be governed by English law. We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in the United Kingdom.

We will from time to time update and make changes to these Terms and Conditions. We recommend that you revisit these Terms and Conditions regularly and ideally each time you use the Service.

These Terms and Conditions were last updated on 29/10/2015.

© Copyright Compare Fitness World Limited trading as Compare Fitness World 2015. All rights reserved.