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Gym Nomad

Terms of Use

1      Introduction

Welcome to Gym Nomad. By accessing www.gymnomad.com and its related websites, services, applications or tools (Collectively referred to as "Gym Nomad") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Gym Nomad works for everyone. Gym Nomad is provided to you by Gym Nomad BV, Stationsplein 45, A4.004, Rotterdam, South Holland, Netherlands registered in the Dutch Chamber of Commerce (Kamer Van Koophandel) with number 686 37 667. These Terms of Use constitute a legally binding agreement between you and Gym Nomad BV (referred to as Gym Nomad herein) and are effective as of 1st January 2017 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a Gym Nomad account and by otherwise accessing or using the Gym Nomad websites, services, applications and tools, including posting a listing; or as otherwise indicated on a specific site, service, application or tool.

 

2      Definitions

In addition to terms defined elsewhere in this Agreement, the following definitions apply throughout this Agreement, unless the contrary intention appears:

 

"Buyer" means the User who has purchased a short term membership from the Fitness Provider.

"Customer Service" means the customer service desk of Gym Nomad which can be reached at info@gymnomad.com or such other address as set out in this Agreement.

“No-Show” – An event whereby the User books and commits to attend a class provided by the Fitness Provider and does not register their attendance prior to, or by the official start time of the class.

"Fitness Provider” / “Seller" means the member who sells short term memberships on Gym Nomad.

"Force Majeure Event" means any of the following events affecting multiple Users and multiple Fitness Provider properties: acts of God, volcanic eruptions, (natural) disasters, fire, (acts of) war, hostilities or any local or national emergency, invasions, compliance with any order or request of any national, provincial, port or other public authority, government regulations or interventions, military actions, civil war or terrorism, (biological, chemical or nuclear) explosions, rebellions, riots, insurrection strikes, civil disorder (or the material or substantial threat or justified apprehension of any of the foregoing events), curtailment of transportation facilities, closing of airports or any other exceptional and catastrophic event, circumstance or emergency which makes it impossible or illegal for Users to travel to or stay at, or prevents Users from traveling to or staying at, the Fitness Provider’s facilities.

"Intellectual Property Right" means any patent, copyright, invention, database right, design right, registered design, trade mark, trade name, brand, logo, service mark, know-how, utility model, unregistered design or, where relevant, any application for any such right, know-how, trade or business name, domain name (under whatever extension, e.g. .com, .nl, .fr, .eu, etc.) or other similar right or obligation whether registered or unregistered or other industrial or intellectual property right subsisting in any territory or jurisdiction in the world.

"Membership" means the agreement between the User and the Fitness Provider which has used the Gym Nomad Services to provide access to the User to the Fitness Provider’s premises.

"Platforms" means the website(s), apps, tools, platforms and/or other devices of Gym Nomad and its affiliated companies and business partners on or through which the Service is (made) available.

"Service" means the online short term gym membership system of Gym Nomad through which Fitness Providers can make their facilities available to visitors via a short term membership and the Facilitated Payment.

"User" means a visitor to the Platforms or a customer or guest of the Fitness Provider.

 

3      About Gym Nomad

Gym Nomad is a platform that allows users to locate gyms and fitness related centres on a variety of pricing formats and locations. The actual contract for sale is directly between the Seller / Fitness Provider and Buyer / User.

While Gym Nomad may provide pricing, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while Gym Nomad may help facilitate the resolution of disputes through various programs, Gym Nomad has no control over and does not guarantee the existence, quality, safety or legality of listings; the truth or accuracy of users' content or listings; the ability of Fitness Providers to sell memberships to their facilities; the ability of buyers to pay for memberships.

 

4      Using Gym Nomad

As a condition of your use of Gym Nomad (including related websites, services, applications and tools) you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm Gym Nomad or the interests or property of Gym Nomad users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Gym Nomad;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access Gym Nomad and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the Gym Nomad site, services, applications or tools or Gym Nomad's copyrights and trademarks;
  • harvest or otherwise collect information about users, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Gym Nomad;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You the User, are solely responsible for all information that you submit to Gym Nomad and any consequences that may result from your post. Gym Nomad reserves the right at our discretion to refuse or delete content that is believed to be inappropriate or breaching the above terms. Gym Nomad also reserve the right at our discretion to restrict a User's usage of Gym Nomad either temporarily or permanently, or refuse a User's registration. If it is believed that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Gym Nomad websites, services, applications or tools, Gym Nomad may, at its discretion, inform other Gym Nomad Users that have been in contact with you and recommend that they exercise caution.

 

4.1  Rules about identity

Gym Nomad members: 

  1. Must beat least 18 years old.
  2. Can'tmisrepresent their identities in anyway.
  3. Must always provide valid and completecontact information and must always have a valid email address.
  4. Can'tpublish the contact information of other members in an online public area.
  5. Have proof of identity available at the request of Gym Nomad or the Fitness Provider which the User has acquired a membership with.

 

 

 

4.2  Memberships - General

The actual contract for sale is directly between the Seller / Fitness Provider and Buyer / User. However, for the Memberships offered on Gym Nomad directly with the User, Memberships are made up of the following characteristics unless explicitly noted otherwise by the Fitness Provider.

  1. Memberships on the Gym Nomad Platforms are only for visitors to the city. Users will be required to show proof by means of valid photo identification, that they do not reside in the same city of the Fitness Provider they have purchased a Membership with, and their place of residence is at least 150km away from said Fitness Provider.
  2. Memberships must be paid in full via the Gym Nomad Platform prior to accessing the Fitness Provider’s facilities.
  3. Memberships commence on the day nominated day by the User at the Fitness Provider opening time for that corresponding day. Memberships conversely end on the day nominated by the User at the closing time of the Fitness Provider on such corresponding day.
  4. User’s must report to the main / front desk of the Fitness Provider each time entry is required in order to show currency of membership with the Fitness Provider and report the User’s presence at the respective facility.
  5. Fitness Providers may require the User to pay a deposit for the provision of Fitness Provider Access Cards and/or lockers to enable the User to access the facilities of the Fitness Provider. This will be made known on the Gym Nomad Platform. If the User fails to return the access card and/or locker key by the conclusion of the Membership, deposit(s) may be forfeited by the User to the discretion of the Fitness Provider.
  6. Memberships are non-transferable and non-refundable after the commencement of the Membership, and are only for use by the User who has originally purchased such Membership.
  7. Memberships cannot be suspended.

Failure to comply with these general membership requirements or any other in this Agreement may result in termination of the User’s Membership with no recourse for refund.

 

4.3  Membership Cancellations

Occasionally, you may need to cancel a transaction, for instance, if you have purchased a Membership in advance only to realise you have booked the wrong dates. When you cancel a Membership it is a good idea to attach notes to the cancellation so that Gym Nomad and the Fitness Provider are aware of the reasons pertaining to the cancellation.

4.3.1  Cancellation Types

Each Fitness Provider will indicate their individual Membership Cancellation policy particulars, however they will fall into one of the following three categories.

  1. Free Membership Cancellation – The User has cancelled their Membership with sufficient notice to the Fitness Provider such that the full Membership will be refunded to the User, typically within 3 business days prior to the commencement of the purchased membership. Whilst the cancellation of the membership will be free on the first occasion for the User, any subsequent membership cancellation will incur a penalty of the transaction cost.
  2. Membership Refundable but Cancelation Fee Payable – The Membership is close to the start date, but not after the start date, and the Membership can be refunded but with a Cancellation Fee to process the refund of the Membership. This duration and fee will be designated by the Fitness Provider. The full cost of the transaction cost will also be payable.
  3. Non-Refundable Cancellation – The Membership commencement date has already passed and the Membership is now non-refundable.

4.3.2  Membership Cancellation Process

To cancel a Membership, go to your “My Gym Nomad” page and select the Membership that needs cancellation. Select “Manage” on the Membership and then “Cancel Membership”. A reminder of the payable fees (as applicable) will then require approval by the User, after which the User can add comments if needed and submit for approval. Gym Nomad will then process this request and finalise the process as per this Agreement.

4.3.3  Membership Cancellation Communication

Fitness Providers can create rules to automate correspondence, cancellations, bookings, and refunds under certain circumstances. For all Fitness Providers, in listings where membership cancellations are accepted, Gym Nomad will set a default rule that automates the refund process. Fitness Providers indicate the membership cancellation and class cancellation / No-Show policies within their listings, these are also available in the Users My Gym Nomad > Current memberships once the membership has been purchased.

 

4.4  Force Majeure Event

In the event of a Force Majeure Event, the Membership shall not charge (and shall repay (if applicable)) the User affected by the Force Majeure Event any fee, costs, expenses or other amount for:

  • any cancellation or change of the Membership made by the User, or
  • that part of the Membership that was not consumed, due to the Force Majeure Event.

In the event of reasonable and justified doubt, the Fitness Provider may ask a User to provide reasonable evidence of the causality between the Force Majeure Event and cancellation or change of Membership (and provide Gym Nomad upon request with a copy of such evidence). In order for Gym Nomad to register any cancellation or amendment of the reservation due to a Force Majeure Event, the Fitness Provider shall inform Gym Nomad within 2 business days after the cancellation date along with the number of days actually used of the Membership.

 

4.5  Class Reservations

Some Fitness Providers provide classes as a part of their services which the User can access as a part of their valid Membership. A reservation may be required for the User to gain access which can be made through the Fitness Providers’ unique booking system. Accessing reservations for classes is done on a first come / first served basis so the Fitness Provider nor Gym Nomad can guarantee access to all classes.

In order for Fitness Providers to be able to run classes at the maximum achievable occupancy to benefit all users, rules are implemented by individual Fitness Providers. These are detailed on the Fitness Providers Listings and the User agrees to abide by them.

Typically, once a class has been booked, cancellation of a reserved class within the acceptable cancellation period will not attract any penalties to the User. Outside this cancellation period, the User is unable to cancel the class and if the User does not attend the class the event will be registered as a “No-Show” (where the User books but does not attend the class). In this situation, Fitness Providers may charge the User a No-Show Fee. The User’s membership is then placed on suspension until the No-Show Fee has been paid which can be done on the Gym Nomad Platform.

 

4.6  Club Rules

Each of the Fitness Providers enforce their own individual club policies, rules and regulations for utilizing their facilities. These Club Rules are in place for the benefit of all members and must be adhered to by the User. Individual Club Rules are made available to the User prior to purchase of the Membership and purchase of the Membership agreement that the User will abide by the specific Club Rules. If Club Rules are not adhered to by the User, the Fitness Provider reserves the right to consider this a breach of this Agreement and may terminate the User’s Membership whereby no refund may be issued.

If specific Fitness Provider Club Rules are not available or Fitness Provider Club Rules are silent on issues covered by the Gym Nomad General Club Rules, Gym Nomad General Club Rules will apply. Please click here for a copy of the Gym Nomad General Club Rules.

 

5      Abusing Gym Nomad

Gym Nomad and the Gym Nomad community work together to keep the Gym Nomad websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, Gym Nomad may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Gym Nomad if it is believed that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Gym Nomad employees or other users). However, whether Gym Nomad decides to take any of these steps, remove hosted content or keep a User off Gym Nomad or not, Gym Nomad does not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and do not accept any liability for unauthorized or unlawful content on Gym Nomad or use of Gym Nomad by users.

Gym Nomad may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, Gym Nomad reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

 

 

6      Policy Enforcement

When a Buyer or Seller issue arises, Gym Nomad may consider the User's performance history and the specific circumstances in applying our policies. Gym Nomad may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

 

7      Fees and Services

Using Gym Nomad is generally free, but there may sometimes be charges or fees for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your listing. Our fees are quoted in Euro (€), and Gym Nomad may change them from time to time. Gym Nomad notify you of changes to our fee policy by posting such changes on the Gym Nomad website. Gym Nomad may choose to temporarily change our fees for promotional events or new services; these changes are effective when the announcement of the promotional event or new service is made.

You are responsible for paying the Gym Nomad fees when they're due. If you don't, without prejudice to any other right or remedy Gym Nomad may be entitled to under these Terms of Use or by law, Gym Nomad may limit your ability to use the services. If your payment method fails or your account is past due, Gym Nomad may collect fees owed using other collection mechanisms.

You acknowledge that anything posted on the Gym Nomad Platform may be deleted from the Gym Nomad sites, services, applications or tools in case it is believed these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such posting, you may be entitled to a refund of such fee. However, Gym Nomad reserve the right not to refund the Gym Nomad users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your posting went live with exposure on the Gym Nomad sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If you have removed your posting yourself;
  • If you post duplicate postings as defined in our rules regarding duplicate listings;

 

8      Content

Gym Nomad contains content from us, you, and other Users. Gym Nomad is protected by copyright laws and international treaties. Content displayed on or via Gym Nomad is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Gym Nomad without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Gym Nomad. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Gym Nomad (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the global Gym Nomad community, such as Gym Nomad or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Gym Nomad may at times use third party data suppliers to supplement the information you have provided in a posting. You may use such information solely in connection with your Gym Nomad posting during the time your listing is on the Gym Nomad site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your listings). This permission is subject to modification or revocation at any time at Gym Nomad's sole discretion.

You may not have the opportunity to review all of the supplemental data before posting. Gym Nomad is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with these Terms of Use and all Gym Nomad policies. If you notice inaccuracies in this data after your listing appears on the site, please get in touch with us.

 

9      Authorization to Contact You

Gym Nomad may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to:

  • notify you regarding your account;
  • troubleshoot problems with your account;
  • resolve a dispute;
  • collect a debt;
  • poll your opinions through surveys or questionnaires; or
  • as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement Gym Nomad may have with you.

Gym Nomad may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, Gym Nomad may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My Gym Nomad.

Gym Nomad may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Gym Nomad to carry out the purposes which have been identified above.

Gym Nomad may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Gym Nomad or its agents for quality control and training purposes or for its own protection.

 

10Privacy of Others and Marketing

If Gym Nomad provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

 

11Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Gym Nomad.

 

12Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

Gym Nomad do not review Users' postings. As most of the content on Gym Nomad comes from other users, the accuracy of postings or user communications or the quality, safety, or legality of what's offered cannot be guaranteed.

In no event does Gym Nomad accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that Gym Nomad cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While Gym Nomad will use reasonable efforts to maintain an uninterrupted service, this cannot be guaranteed and do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted Gym Nomad expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, durability, fitness for a particular purpose and those arising by statute. Gym Nomad is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Gym Nomad, even if you advise us or the possibility could reasonably have been foreseen of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if Gym Nomad are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of

  1. the total fees you pay to us in the 3 months prior to the action giving rise to liability, and
  2. 100 Euro.

 

13Release

If you have a dispute with one or more Gym Nomad Users, you release us (Gym Nomad and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

 

14Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

 

15Personal Information

By using Gym Nomad, you agree to the collection, transfer, storage and use of your personal information by Gym Nomad on servers. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

 

16Resolution of disputes

If a dispute arises between you and a Gym Nomad Fitness Provider, Gym Nomad strongly encourages you to first contact the Fitness Provider directly to seek a resolution. If this does not achieve an acceptable resolution users are encouraged to utilise the Gym Nomad Help page. Gym Nomad will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

17General

These terms and the other policies posted on Gym Nomad constitute the entire agreement between Gym Nomad and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

If Gym Nomad doesn’t enforce any particular provision, it is not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. Gym Nomad may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Gym Nomad BV, Stationsplein 45 – A4.004, 3013AK Rotterdam, South Holland, Netherlands. Gym Nomad will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

Gym Nomad may update this agreement at any time, with updates taking effect when you next post or 30 days after posting the updated policy on the Gym Nomad website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using Gym Nomad please see the Gym Nomad Help page.

 

 

18Mobile Devices Terms

If you're accessing Gym Nomad Services from a mobile device using a Gym Nomad Mobile Application (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Gym Nomad grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.gym nomad.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property - Applications. Gym Nomad owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Gym Nomad's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Gym Nomad Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications. Gym Nomad Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Kijiji Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS - Apple

  1. These Terms of Use are an agreement between you and Gym Nomad, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. Gym Nomad grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows - Microsoft

  1. These Terms of Use are an agreement between you and Gym Nomad, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.