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Terms & Conditions
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Terms & Conditions


Welcome to Gymtixx.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Gymtixx’ relationship with you in relation to this website (the “Agreement”). If you disagree with any part of these terms and conditions, please do not use our website. By browsing the Website, you acknowledge that you have read and agree to be bound by these terms and conditions which will act as the legal agreement between you and the Company. If you do not agree with these terms, please do not browse the Website.
 
The term ‘Gymtixx’ or ‘Company’ or ‘us’ or ‘we’ refers to the owner of the website whose name and registered office is Gymtixx Ltd, 112 Morden Rd, London, SW19 3BP. Our company registration number is 07532033. The term ‘you’ refers to user of Our Services or visitor of the Website for any purpose.
 
You represent that you are fully able and legally competent to be bound by these terms, conditions, obligations, representations and warranties set forth in these terms and conditions. Any person under the age of 18 years may not avail Our Services to purchase the Vouchers for goods and services.
 
Gymtixx provides a platform that distributes vouchers on behalf of providers of fitness and wellness services such as gyms, spas, personal trainers, and providers of yoga and Pilates classes (“Merchants”). We only sell the Vouchers on behalf of the Merchant. You may buy those vouchers and redeem them on the Merchant’s website or in the Merchants store or places of service. By providing an online venue, the Company does not source, supply or deliver the goods or services that Merchants are offering. Our services are limited to the distribution of vouchers only. The supply of goods and services are subject to the standard terms of the Merchant. If you have any queries regarding our terms and conditions please contact us on support@gymtixx.com.
 
The terms and conditions
 
1 Definitions
 
"Content" means the information, photographs, graphics, and other material on the Website.
 
"Voucher(s)" means a digital voucher or coupon (delivered as email or PDF) to entitle you to the Merchant’s goods or services as specified in the Voucher that can be redeemed on the Merchant’s website or in the Merchant’s store or place of service. 
 
“Installation” means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide Our Services.
 
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly. 
 
"Our Services" means all or any service provided by us through the Website.
 
“Merchant” means an individual or organisation that appoints the Company to distribute Vouchers on behalf of them.
 
“Website” means our Websites and includes all web pages controlled by us.
 
 
2 Changes to terms
 
2.1 We reserve the right to modify Our Services and to change these terms from time to time.  Your continued use of Our Services after such modifications shall be deemed an acceptance by you to be bound by such modified terms. We may change these terms from time to time.  The terms that apply to you are those posted here on our Website on the day you use Our Services. It may be useful to print a copy.
 
2.2 We or our content Merchant may make improvements or changes to the Website, the content, or to any of the goods and services described on the Website, at any time and without notice to you.
 
2.3 You are advised that content may include technical inaccuracies or typographical errors.
 
3 Registration
 
3.1 We may require that you register yourself on the Website in order to use Our Services, submit comments and access some features of the website.
 
3.2 You agree that you will provide the requested information in true and accurate manner each time to avail Our Service.
 
3.3 You may not use another member’s account without permission.
 
3.4 You agree to provide accurate and complete information at the time of your registration and to keep this information current.
 
3.5 Your username may be displayed on the Website. We recommend not using your real name or email address as your username.
 
3.6 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
 
4 Transactions on the Website
 
4.1 When you enter into a transaction for purchase of a Voucher, you create a legally binding contract with the Merchant as per his standard terms of its business for concerned good or service. You are responsible for ensuring that you comply with your obligations to that Merchant unless the transaction is prohibited by law or by these terms. If the Merchant breaches any obligation to you, you - not us - are responsible for enforcing any rights that you may have.
 
5 Price and Payment
 
5.1 You will be required to register in order to make a purchase.
 
5.2 You will be required to pay the price for the Voucher(s) online. All of our prices are in Pound sterling (GBP). Currently the sale of Vouchers by us is not subject to VAT. If UK VAT law changes we reserve the right to charge you VAT in addition to the price for the Vouchers. 
 
5.3 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
 
5.4 Once we send you the Voucher, you may cancel the transaction at any time within 7 days from the day after the day that you receive the Voucher (“Cancellation Period”). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: refunds@gymtixx.com. You can only cancel if you have not yet redeemed the Voucher. After the Cancellation Period all monies paid by you to us are non-refundable and cancellation and/or termination of these terms by you or us at any time for any reason will not entitle you to a refund of monies paid.
 
5.5 You will receive the Voucher via email or over the Website after payment and processing is complete only if the deal reaches its minimum number of buyers, in case a minimum number of buyers defined for the offer. Your payment will automatically be refunded if the minimum number of buyers is not reached.
 
5.6 The Merchant, and not Gymtixx, is the seller of the goods and services stipulated in the Voucher and is solely responsible for providing you with the goods and services and for the goods and services themselves. The particular Merchant and particular goods and services offered by that Merchant for which the Voucher can be redeemed will be stated on the Voucher. 
 
5.7 The Voucher is only valid for the particular goods and services provided by the particular Merchant stipulated on the Voucher. Any attempted redemption of a Voucher not consistent with this Agreement may render a Voucher void at our or a Merchant’s discretion.
 
5.8 It is at the discretion of the Merchant to determine whether Vouchers can be combined with any other promotions, Vouchers, third party certificates or vouchers.
 
5.9 Neither we nor the Merchant are responsible for lost or stolen Vouchers or Voucher reference numbers.
 
5.10 The Voucher (including, but not limited to, any discounts provided by the Voucher) expires on the date specified on the Voucher.
 
5.11 If you have any problems redeeming your voucher by the nominated Merchant, please contact support@gymtixx.com. It is up to the concerned nominated Merchant to issue a refund if you have problems redeeming your voucher.
 
5.12 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made.  Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
 
6 Acceptable use policy (AUP)
 
You agree to comply with these provisions:
 
6.1 You will not use or allow anyone else to use the Website to post or otherwise publish:
 
6.1.1 copyright works;
6.1.2 commercial audio, video or music files;
6.1.3 any material which violates the law of any established jurisdiction;
6.1.4 unlicensed software;
6.1.5 software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
6.1.6 links to any of the material specified in this paragraph;
6.1.7 pornographic material;
6.1.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
 
6.2 You will not use Our Services in a manner, which violates any law or regulation in a city, local, state in UK or international law, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use Our Services to gain unauthorised access to any other computer system.
 
6.3 You will immediately notify us, of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) use of Our Services.  You will not resell, rent, lease, grant a security interest in, or make commercial use of Our Services without our express written consent.
 
6.4 You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.
 
7 System Security
 
7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
 
7.2 You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so.
 
7.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
 
7.4 Examples of violations are:
 
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". You are also required to ensure that the computer from which you access the Website is protected from virus attacks and is enabled with effective and updated antivirus.
7.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
7.4.5 taking any action in order to obtain services to which you are not entitled.
 
8 Content and Intellectual Property Rights 
 
8.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.
 
8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in these terms.
 
8.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
 
9 Indemnity
 
9.1 You agree to indemnify us against any claim or demand, including lawyers’ fees, made by any third party due to or arising out of your use of Our Services, the breach or violation of these terms by you, or the infringement by you, or by any other user of Our Services using your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications. 
 
10 Interruption to Our Service
 
10.1 If it is necessary for us to interrupt Our Services then reserve the right to do so without telling you first.
 
10.2 You acknowledge that Our Services may also be interrupted for reasons beyond our control.
 
10.3 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Services.
 
10.4 You are required to inform us immediately about the non-receipt of the Voucher within 2 days from the agreed date by email to support@gymtixx.com.
 
11 Our liability and disclaimers
 
11.1 Your use of Our Services is without any warranty or guarantee as to the supply of the goods and services. We endeavour to ensure that all the Vouchers listed on our Website are available at the displayed price and they are honoured by the respective Merchant as the terms contained in them.
 
11.2 In no event shall we or the Merchant be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the content available from this Website except the price of the Voucher that you have paid to us.
 
11.3 We give no warranty and make no representation, express or implied, as to:
 
11.3.1 the truth of any information given on the Website by any associated Merchant or third party;
11.3.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
11.3.3 compliance with any law;
11.3.4 non-infringement of any right.
 
11.4 All the material as may be provided on the Website is Posted (and thereby published) by us as per the information provided by the Merchant and other parties.  We are under no obligation to monitor, vet, check or approve any such material.  We disclaim all responsibility for information published on the Website by any person.
 
11.5 The Website contains links to other Internet Websites.  We have no control over any such Website.  You acknowledge and agree that we shall not be liable in any way for the content of any such linked Website, nor for any loss or damage arising from your use of any such Website and the goods/services offered through them.
 
11.6 These disclaimers form an essential part of these terms. Each sub paragraph in these terms is independent and severable from each other paragraph and enforceable accordingly.  If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
 
12 Privacy Policy
 
12.1 We are dedicated to keeping your details private. We do not store credit card details nor do we share customer details with any 3rd parties. Any information we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap or share any of your personal details with anyone except for the purpose of these terms. We use this information to identify your orders, process your payments, provide you with our newsletter and to personalise your shopping experience with us.
 
12.2 We may use cookies to allow you to login to your account on the Website, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer only last while you are browsing our website. We do not store persistent cookies on your computer. 
 
12.3 We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we may also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address may be stored along with a transaction number that allows us to track your order. 
 
13 Termination
 
13.1 You may terminate your subscription to avail Our Services at any time, for any reason, with immediate effect. You may end these terms by giving notice to us by email. However, continued use of Our Service or the Website or a Voucher will be deemed to constitute acceptance of the terms and conditions.
 
13.2 We may stop your access to Our Services at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
 
13.3 If we terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.
 
13.4 Termination by either party shall have the following effects:
 
13.4.1 your right to use Our Services immediately ceases;
13.4.2 we are under no obligation to forward any unread or unsent messages to you.
 
13.5 There shall be no refund, reimbursement or credit if Our Service is terminated due to your violation of these terms.
 
13.6 We retain the right, at our sole discretion, to terminate any and all parts of Our Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of these terms.
 
14 Severability 
 
If any of these terms is at any time held by UK jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it in compliance with the applicable UK laws and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
 
15 No duty to monitor
 
We are under no obligation to monitor or record the activity of any Merchant, member, content provider for any purpose, nor do we assume any responsibility through our AUP or otherwise to monitor or police Internet-related activities.
 
16 No Waiver 
 
No waiver by us, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
 
17 Dispute resolution
 
In the event of a dispute arising out of or in connection with the terms of these terms between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. Please contact us at support@gymtixx.com
 
18 Jurisdiction 
 
These terms shall be interpreted according to the laws of the United Kingdom and the parties agree to submit to the exclusive jurisdiction of the English courts. However, nothing in these terms shall disallow the Company to enforce these terms in any other jurisdiction.