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TERMS OF USE

By accessing the gogym.ph website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of gogym.ph. If you wish to become a member and make use of gogym.ph's Services (the "Services"), please read these Terms of Use. The term "Website" is deemed to refer to using of the Services by means of a computer, a mobile device or a mobile application.

 

You should also read the gogym.ph Privacy Policy, which is incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the gogym.ph Privacy Policy, do not use the Website or the Services. Please contact us with any questions regarding this Agreement.

 

  1. Acceptance of Terms of Use Agreement

 

  1. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" means a person who provides information to gogym.ph on the Website, in the GoGym App or to participate in the Services in any manner, whether such person uses the Services as a free member or a subscriber. You acknowledge and agree that Members of gogym.ph may be part an online community that includes other websites owned by gogym.ph or its affiliates. This Agreement includes gogym.ph's Privacy Policy published on the Website and in the GoGym App and terms disclosed and agreed to by you if you become a member or advertiser or if you purchase Services or accept additional features, products or Services we offer on the Website, such as specific terms and terms including, but not limited to, governing features, billing, free trials, discounts and promotions.

 

  1.  By accessing the Website, the GoGym App or using the Services, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all paid notices provided to you in electronic form. Please print a copy of this Agreement for your records. This Agreement may be modified by gogym.ph from time to time, such modifications to be effective upon posting by gogym.ph on the Website.

 

  1. By using the Services, you consent to receive this Agreement in electronic form by using the Services. To withdraw this consent, you must cease using the Services and terminate your account.

 

  1. Our service is a platform that connects GoGym Branches to the Gym User who is looking for Gym Usage Packages which are listed in gogym.ph.com. GoGym Branches are considered independent third party service providers under agreement with gogym.ph. (“Third Party"). Unless otherwise agreed by gogym.ph in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. 


 

  1. Eligibility

 

  1. You must be at least 18 years of age to access and use the Services. Any use of the Services is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Services may be prohibited or restricted in certain countries. If you use the Services from outside of the Philippines, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Services.

 

  1. Membership

 

  1. You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and Services that may be available within the Services. To access or use certain additional features and Services which gogym.ph may in its sole discretion offer at certain times, you may also become a paying subscriber to the Services. The policies of such additional Services that are disclosed to you when you subscribe to the Services are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a subscriber, you will not be able to use all the features and Services available within the Services. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Services.

 

  1. Term and Termination

 

  1. This Agreement will remain in full force and effect while you use the Services and/or are a Member.

 

  1. All listings are active until the termination date ("Listing Termination Date") set by the Member posting the listing. If such a Listing Termination Date is not set, then the listing is considered active.

 

  1. You may de-activate your Listing at any time by setting the Listing Termination Date.

 

  1. You may change or cancel your membership at any time, for any reason, by sending a notice of cancellation email to: hello@gogym.ph

 

  1. gogym.ph may terminate or suspend your listing and/or membership in the Services at any time without notice if gogym.ph believes that you have breached this Agreement, or for whatever other reason it deems appropriate. Upon such termination or suspension, you will not be entitled to any refund of unused fees (if applicable) and, if applicable, all unpaid amounts and other fees you owe will immediately be due. gogym.ph is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

 

  1. After your membership or listing is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

 

  1. In the event of any breakdown or stoppage of our website, we will issue credit upon request or on a case to case basis. Credit provided will only be in the form of extending the listing or paid subscription which is equivalent to the days the website was down.

 

  1. gogym.ph has the right to reject any membership, for whatever reason it deems appropriate, and it is not required to disclose the reason of rejection.

 

  1. In the event that the member has more than two (2) charge back per year from his customer, gogym.ph may exercise the right to reject his customer's subsequent membership.

 

  1. Exceptions

 

  1. We will not be able to issue credit based on the following exceptions:

 

  1.  Circumstances that are beyond reasonable control, including , without limitation, acts of war, insurrection, sabotage, embargo, natural disaster (i.e. fire, flood, earthquake, tornado, etc.,), strike or any disturbance, interruption of or delay in transportation, communication or third party Services failure.

 

  1.  Software bugs or flaw

 

  1.  Network floods, attacks from outside party or individual.

 

  1.  Downtime due to routine maintenance.

 

  1. Non-commercial Use by Members.

 

  1. The Website, the App and Services is for personal use only. Members may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or Services not offered by gogym.ph or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website or App may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services, the Website or the App for any purpose. gogym.ph may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

 

  1. Your Interactions with Other Members

 

  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT gogym.ph CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. gogym.ph ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OR INFORMATION PROVIDED BY ITS MEMBERS. gogym.ph MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. gogym.ph RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

  1. gogym.ph is not responsible for the conduct of any Member. As noted in and without limiting Sections 24 and 25 below, in no event shall gogym.ph, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website, the App or meet in person, or if you decide to send money to another Member. You understand that gogym.ph makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members except by going through gogym.ph.

 

  1. Proprietary Rights.

 

  1. gogym.ph owns and retains all proprietary rights in the Website, the App and the Services, and in all content, trademarks, trade names, Services marks and other intellectual property rights related thereto. The Website and App contains the copyrighted material, trademarks, and other proprietary information of gogym.ph and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Services marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of gogym.ph or, if such property is not owned by gogym.ph, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 

  1. Content Posted by You on the Website,  in the App or in the gyms.

 

  1. You are required to maintain the confidentiality of all logins and passwords. You are solely responsible for the activities that occur under your account, login or password.

 

  1. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Services or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website, the App or as part of the Services, or transmit to gogym.ph or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

 

  1. You understand and agree that gogym.ph may, but is not obligated to, monitor or review any Content you post on the Website, the App or as part of a Services. gogym.ph may delete any Content, in whole or in part, that in the sole judgment of gogym.ph violates this Agreement or may harm the reputation of the Website, the App or gogym.ph. gogym.ph may restrict the number of emails or messages which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

 

  1. By posting Content on the Website, in the App or as part of the Services, you automatically grant to gogym.ph, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, (iii) sell all contents without sharing proceeds generated with you there from. You represent and warrant that any posting and use of your Content by gogym.ph will not infringe or violate the rights of any third party and/or you.

 

  1. In addition to the types of Content described in Section 8 above, the following is a partial list of the kind of Content that is prohibited on the Website, in the App or in the gyms. You may not post, upload, display or otherwise make available Content that:

 

  1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

  1. advocates harassment or intimidation of another person;

 

  1. requests money from, or is intended to otherwise defraud, other users of the Website or Services;

 

  1. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);

 

  1. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

 

  1. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

 

  1. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

 

  1. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

  1. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

 

  1. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;

 

  1. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

 

  1. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

 

  1. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

 

  1. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;

 

  1. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and

 

  1. publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

 

  1. gogym.ph reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Services and terminating or suspending the membership of such violators. Your use of the Website and Services, including all Content you post through the Services, must comply with all applicable laws and regulations. You agree that gogym.ph may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Services or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of gogym.ph or any other person.

 

  1. Prohibited Activities

 

  1. gogym.ph reserves the right to investigate and/or terminate your membership if you have misused the Services or behaved in a way gogym.ph regards as inappropriate or unlawful, including actions or communications that occur off the Website or App, but involve Members you meet through the Services. The following is a partial list of the type of actions that you may not engage in with respect to the Services. You will not:

 

  1. impersonate any person or entity.

 

  1. solicit money from any Members.

 

  1. post any Content that is prohibited by Section 9.

 

  1. "stalk" or otherwise harass any person.

 

  1. express or imply that any statements you make are endorsed by gogym.ph without our specific prior written consent.

 

  1. ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.

 

  1. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Services or its contents.

 

  1. collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.

 

  1. interfere with or disrupt the Services or the Website or the App or the servers or networks connected to the Services or the Website.

 

  1. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

  1. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website, the App or Services (either directly or indirectly through use of third party software).

 

  1. "frame" or "mirror" any part of the Services or the Website or the App, without gogym.ph's prior written authorization.

 

  1. use meta tags or code or other devices containing any reference to gogym.ph, the Website, the App or the Services (or any trademark, trade name, Services mark, logo or slogan of gogym.ph) to direct any person to any other website for any purpose.

 

  1. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or the Website, or cause others to do so.

 

  1. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website, the App or the Services other than solely in connection with your use of the Services in accordance with this Agreement.

 

  1. Customer Services

 

  1. gogym.ph provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter or through the website or the App), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused advertisement fees.

 

  1. Charges on Your Billing Account.

 

  1. gogym.ph bills you through an online account (your "Billing Account") for use of the Services. You agree to pay gogym.ph all charges at the prices you agreed to for any use of the Services by you or other persons (including your agents) using your Billing Account, and you authorize gogym.ph to charge your chosen payment provider (your "Payment Method") for the Services. You agree to make payment using that selected Payment Method. gogym.ph may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with gogym.ph on the Website or in the App when becoming a Member or advertising at our Website. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, gogym.ph may in its discretion terminate your account immediately. If gogym.ph successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or advertisement reinstated.

 

  1. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify gogym.ph if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "My Profile" on the Website. If you fail to provide gogym.ph any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.

 

  1. You hereby authorize gogym.ph to re-attempt to collect any and all unpaid or in arrear amounts, as often as gogym.ph deems appropriate, and that in the event an administrative charge is levied to you by gogym.ph for these re-attempts, you unequivocally authorize gogym.ph to collect this amount, in an uncontested manner.

 

  1. Actions, Responsibilities, and Payments regarding gogym.ph and Gym Users

 

  1. Definitions of Certain Key Terms

 

  1. Memberships / Gym Pass refers to means to access a GoGym Branch services.

 

  1. Gym Goer / User / GoGetter refers to a person who creates a profile via the Website or Mobile App to avail of the Services offered by GoGym.

 

  1. Membership Period refers to the time period beginning at the time when a Gym User requests a Membership / Day Pass / Gym Usage (as determined by gogym.ph in its sole discretion). As explained on the Website, in the App or Services, GoGym may decide whether to confirm or reject that booking request within the Booking Request Period. Please note that different Booking Request Periods may apply in different instances.

 

  1. Tax or Taxes refers to any sales taxes, value added taxes ("VAT"), goods and Services taxes ("GST"), that service providers may be required by law to collect and remit to governmental agencies, and other similar federal, state, municipal, national indirect or other withholding taxes, and personal or corporate income taxes.

 

  1. Membership / Gym Fees refers to the amounts payable by the Gym User for use of the Gym and its facilities. 


 

  1. Total Fees refers to the amount which is the sum of the Membership / Gym Fees and any applicable Taxes

 

  1. Responsibilities of GoGym Branch, Gym Users, and gogym.ph's role as the Service Provider Limited Payment Transmitting Agent

 

  1.  gogym.ph is a Health and Fitness portal designed to provide health and fitness services to its customers. gogym.ph's responsibilities are strictly limited to: (i) making available the Website and Services and (ii) serving as the limited payment transmitting agent of the Gym Branch to transmit payments from Gym Users to the Gym Branch.

 

  1. Each Gym Branch appoints gogym.ph as the limited payment transmitting agent of the Gym Branch to transmit payments from Gym Users to the Branch. Each Branch agrees that payment made by a Gym User via gogym.ph or the GoGym App shall be considered the same as payment made directly to the Branch, and the Branch will make the Gym Services available to the Gym User in the agreed-upon manner as if the Branch has received the Gym Usage Fees. Each Branch agrees that gogym.ph may, in accordance with the cancellation policy selected by the Branch and reflected in the relevant Listing, (a) permit the Gym User to cancel the booking and (b) refund (via gogym.ph) to the Gym User the portion of the Gym Usage Fees specified in the applicable cancellation policy. Each Branch understands that gogym.ph accepts payments from Gym Users as the Branch's limited payment transmitting agent, and that gogym.ph's obligation to pay the Branch is subject to and conditional on the successful receipt of the related payments from Gym Users. gogym.ph does not guarantee payments to Branches for amounts that have not been successfully received by gogym.ph from Gym Users. gogym.ph assumes no liability for any acts or omissions of the Branch in accepting appointment as the Branch's limited payment transmitting agent.

 

  1. You agree that you are solely responsible for any and all information regarding the memberships and Content posted by you. You represent and warrant that any information you post and the booking of, or a Gym user’s session at a branch in a post (a) will (i) be compliant with all applicable laws including but not limited to zoning laws and laws governing residential, commercial or other rentals, Tax requirements, and rules and regulations that may be applicable to any Memberships included in a Listing posted by you (including but not limited to all required permits, licenses and registrations), and (ii) not conflict with the rights of any third party, and (b) will not breach any agreements you have entered into with any third parties including but not limited to homeowners association, condominium, lease or rental agreements. At any time and without prior notice, gogym.ph reserves the right to remove or disable access to any Listing for any reason, including Listings that gogym.ph considers in its sole discretion to be objectionable for any reason, or in violation of these Terms or gogym.ph's then prevailing Policies and Community Guidelines (provide link), or otherwise harmful to the Website or Services.

 

  1. You as a Branch agree that gogym.ph does not act as your contracting agent or as an insurer. If a Gym User requests a booking of your services, any agreement you enter into with such Gym User is an agreement solely between you and the Gym User to which gogym.ph is not a party. gogym.ph only serves as the limited payment transmitting agent of the branch to transmit payments from Gym goers to the Branch.

 

  1. Even though gogym.ph provides certain tools to you as a Branch to make informed decisions about other Members, you agree that you as a Branch are solely responsible for your own acts and omissions and are also solely responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Memberships at your request or invitation, excluding the Gym goer (and the individuals, if any, invited to the Memberships by the Gym goer).

 

  1. BRANCHES SHOULD HAVE OR CHECK THEIR OWN INSURANCE: gogym.ph recommends that the Branches obtain necessary or suitable insurance for their location. You as a operator should review carefully any insurance policy you may have for your Memberships, paying particular attention to any exclusions to, and any deductibles that may be applicable for, such insurance policy, including but not limited to whether or not your insurance policy will cover the actions or inactions of Gym goers and the individuals, if any, invited by the Gym goer to the branch.

 

  1. The branches, not gogym.ph, are solely responsible for honoring any confirmed memberships / bookings and making available any services reserved via the Website and Services. If you as a Gym goer  choose to enter into a transaction with a Branch for booking a Memberships, you agree that you will be required to enter into an agreement with the Branch and to accept any terms, conditions, riles and restrictions associated with such Memberships imposed by the Branch. You agree that you, not gogym.ph, will be (a) solely responsible for performing the obligations of such agreement, and (b) gogym.ph is not a party to such agreement, and (c) with the exception of its payment obligations hereunder, gogym.ph disclaims all liability regarding any such agreement. You also agree that, notwithstanding the fact that gogym.ph is not a party to the agreement between you and the Branch, gogym.ph acts as the Branch's limited payment transmitting agent for the sole purpose of transmitting the payment from you to the Branch.

 

  1. gogym.ph charges the Services Fees as consideration for providing the use of gogym.ph's online platform and services. Where applicable, Taxes may also be charged in respect of the Branches Fees and Gym goer Fees. gogym.ph deducts the branch from the Memberships Fees before remitting the balance to the Branches as described in these Terms. gogym.ph will remit the balance to Branches via PayPal, check, direct deposit or other payment methods as described on the Website, in the Branch's currency of choice, depending on the selections the Branch makes via the Website and Services. Please note that gogym.ph may impose or deduct foreign currency processing costs on or from any payments or payouts by gogym.ph in currencies other than U.S. Dollars. More information on any such costs or deductions will be available via the Website. More information on Services Fees can be found at (link). Services Fees are non-refundable except as otherwise provided hererin.

 

  1. Please note that gogym.ph currently does not charge fees for the creation of Listings. However, as a Branch you agree that gogym.ph reserves the right in its sole discretion to charge you for and collect fees from you for the creation of Listings. Please note that gogym.ph will provide notice of any Listing Fee collection via the Website and Services prior to the implementation of such procedure of charging a Listing fee.

 

  1. Registering as a Member

 

  1. Only Members can use the Website and the App to view Listings, create a Listing, or to book a Memberships. To become a Member, you must first register to create an account ("gogym.ph Account").

 

  1. You may register directly via the Website, the App or indirectly using your account with certain third-party social networking Websites ("SNS Account"). To register indirectly, you link your gogym.ph Account with SNS Account by providing your SNS Account login information to gogym.ph via the Website or Services, or by allowing gogym.ph to access your SNS Account as permitted under the SNS's terms and conditions. You represent that you are entitled to disclose your SNS Account login information to gogym.ph and/or grant gogym.ph access to your SNS Account, (including, but not limited to, for the use for the purposes described herein), without breach by you of any of the SNS's terms and conditions of the SNS and without obligating gogym.ph to pay any fees or making gogym.ph subject to any usage limitations imposed by such SNS Services providers. By granting gogym.ph access to any SNS Accounts, you understand that gogym.ph will access, make available and store (if applicable) any Content you have provided to your SNS Account ("SNS Content") and that such SNS Content is available on and through the Website and Services via your gogym.ph Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be deemed as Content posted by you on the Website and Services for all purposes of this Agreement. Depending on your selected SNS Account and subject to your privacy settings in such SNS Account, personally identifiable information that you post to such SNS Account will be available on and through your gogym.ph Account on the Website and Services. Please note that if a SNS Account is terminated by the SNS Services provider, the SNS Content will no longer be available on and through the Website and Services. You are able to sever the connection between your gogym.ph Account and your SNS Accounts at any time by using the "Settings" section of the Website, PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS SERVICES PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH SUCH SNS SERVICES PROVIDERS. gogym.ph makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement. gogym.ph is not responsible for any SNS Content.

 

  1. Creating Listing, Requesting a Booking, and Confirming a Booking

 

  1. When creating a Listing, you must provide information on the Memberships including but not limited to location (a valid physical address), availability, capacity, size and features, as well as pricing, financial terms and related rules. You agree that once a Gym goer requests a booking of your Memberships, you may not request the Gym goer to pay a price higher than the price in the booking request.

 

  1. When you create a Listing you may choose to set up certain requirements which a Member must meet to request a booking of your Memberships, such as a profile picture or verified phone number. More information is provided in the "Branching" section of the Website and Services.

 

  1. When a booking is requested for your Memberships via the Website, the App or Services, you as a Branch must either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When there is a booking request, gogym.ph will show you (a) the name of the Gym goer requesting the booking, (b) a link to the Gym goer's gogym.ph Account profile page, (c) in the case where both the Gym goer and Branch have connected their gogym.ph Accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Gym goer on such SNS, and (d) an indication of whether the Gym goer has provided other information to gogym.ph such as verified email address, connection to SNSs, or a government ID. If you do not confirm a booking request within the Booking Request Period, any amounts collected by gogym.ph for the requested booking will be refunded to the Gym goer and/or any pre-authorization related to the booking request will be cancelled. When you confirm a booking requested by the Gym goer, gogym.ph will send you an email, text message or message via the Website or Services (depending on the selections you specify via the Website or Services) to confirm such booking.

 

  1. Payment of fees from Gym goer to Branch

 

  1. gogym.phs will collect the Total Fees from the Gym goer at the time of booking confirmation. gogym.phs will initial payment of the Memberships Fees less Branch Fees and any Taxes in respect of Branch Fees (such as VAT in Europe) to the Branch within 24 hours of the Gym goer's arrival at the Memberships (except to the extent that a refund is due to the Gym goer). The time it takes the Branch to receive payouts may depend on the payment method chosen by the Branch. Some methods may involve third party payment processors who may impose their own additional charges for the use of the Services on the Branch, including but not limited to deducting their charges from the payout amount.

 

  1. If you owe or agree to pay any amount to gogym.ph via gogym.ph (e.g. as a result of your actions as a Gym goer or a booking or otherwise), gogym.phs may (but is not obligated to) withhold such amount owed to gogym.ph from any payout amount due to you as a Branch, and use such withheld amount to set off the amount owed by you to gogym.ph. If gogym.ph withholds such amount, your obligation to pay gogym.ph will be extinguished to the extent of the amount withheld by gogym.phs, and gogym.ph will no longer owe you any obligations (including but not limited to any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if you amount is delinquent or if you otherwise have chargebacks on your account, you may be charged fees that are incidental to gogym.ph's collection of these delinquent amounts and chargebacks. Such fees may include but are not limited to collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to gogym.ph by you. Such communication may be made by gogym.ph or by anyone on its behalf, including but not limited to a third party collection agent.

 

  1. The Total Fees payable will be shown to a Gym goer before the Gym goer sends a booking request to a Branch. The Branch is required to either confirm or reject the booking request within the Booking Request Period, or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Branch), any amounts collected by gogym.phs will be refunded to the Gym goer, depending on the selections the Gym goer makes via the Website or App, and, if applicable, any pre-authorization of such Gym goer's credit card will be released.

 

  1. You as a Gym goer agree to pay gogym.ph the Total Fees for any booking requested in connection with you gogym.ph Account if such requested bookings are confirmed by the applicable Branch. Accordingly, you agree that gogym.ph, on behalf of the Branch, reserves the right in its sole discretion to (a) obtain a pre-authorization via your credit card for the Total Fees, or (b) charge your credit card a nominal amount, not to exceed ($1), or a similar sum in the currency in which you are transaction (e.g. one euro or one British pound), to verify your credit card. As a general rule, gogym.ph will collect the Total Fees once gogym.ph receives confirmation of your booking from the applicable Branch. If necessary, Total Fees may be collected at a later point. Please note that gogym.ph cannot control any fees that may be charged to a Gym goer by his or her bank related to gogym.ph's collection of the Total Fees, and gogym.ph disclaims all liability in this regard.

 

  1. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to gogym.ph or its third party payment processor(s). You agree to pay gogym.ph for any confirmed bookings made in connection with your gogym.ph Account in accordance with these Terms by one of the methods described in the Website, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by gogym.ph or indirectly via a third party online payment processor or by one of the payment methods described on the Website. You also authorize gogym.ph to charge your credit card in the event of damage caused at a Memberships as contemplated under "Damage to Memberships" If you are directed to gogym.ph's third party payment processor(s), you may be subject to the terms and conditions of that third party and that third party's personal information collection practices. Please review such terms and conditions and private policy before using its Services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

 

  1. Cancellation of a Booking Request, and Cancellation of a Confirmed Booking

 

  1. If you as a Gym goer cancel your requested booking before the requested booking is confirmed by a Branch, gogym.ph will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit account in connection with the requested booking within a reasonable time. If you as a Gym goer wish to cancel a confirmed booking made via the Website and Services, the cancellation policy of the Branch contained in the applicable Listing will apply to such cancellation. Our ability to refund the Memberships Fees and other amounts charged to you will depend on the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Website. IF A GYM GOER CANCELS A CONFIRMED BOOKING, THE GYM GOER FEE IS NON-REFUNDABLE REGARDLESS OF THE CANCELLATION POLICY SELECTED BY THE BRANCH.

 

  1. If a Branch cancels a confirmed booking made via the Website and Services,

 

  1. gogym.ph will refund the Total Fees for such booking to the applicable Gym goer within a commercially reasonable time of the cancellation;

 

  1. the Gym goer will receive an email or other communication from gogym.ph containing alternative Listings and other related information.

 

  1. If the Gym goer requests a booking from one of the alternative Listings and the Branch associated with such alternative Listing confirms the Gym goer's requested booking, the Gym goer agrees to pay gogym.ph the Total Fees relating to the confirmed booking for the Memberships in the alternative Listing, in accordance to these Terms. If a Branch cancelled a confirmed booking and you, as a Gym goer, have not received an email or other communication from gogym.ph, please contact gogym.ph.

 

  1. If you as a Branch cancel a confirmed booking, you agree that gogym.ph may apply penalties or consequences to you or your Listing, including:

 

  1. publishing an automated review on your listing indicating a reservation was cancelled;

 

  1. keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking; or

 

  1. imposing a cancellation fee to be withheld from your future payouts or charged to the credit card on file in your gogym.ph Account.

 

  1. You will be notified of the situations in which a cancellation fee applies before you agree to cancel.

 

  1. In certain circumstances, gogym.ph may decide in its sole discretion that it is necessary or desirable to cancel a confirmed booking made via the Website and Services. This may be for reasons set forth in gogym.ph's Extenuating Circumstances policy (link) or for any other reason. gogym.ph may also determine in its sole discretion to refund to the Gym goer all or part of the amounts charged to the Gym goer in accordance with the Gym goer Refund Policy (link). You agree that gogym.ph and the relevant Branch or Gym goer will not have any liability for such cancellations or refunds.

 

  1. As a Branch, if your Gym goer cancels a confirmed booking or gogym.ph decides it is necessary to cancel a confirmed booking, and gogym.ph issues a refund to the Gym goer in accordance with the Gym goer Refund Policy or other applicable refund policies, you agree that in the event you have already been paid gogym.ph shall be entitled to recover the amount of any such Gym goer refund from you, including by subtracting such refund amount out from any future Memberships Fees due to you.

 

  1. Information regarding Taxes

 

  1. gogym.ph may be required by tax regulations to withhold taxes from payouts to Branches and/or to collect tax information from Branches. For instance, IRS regulations stipulate that gogym.ph must collect an IRS Form W-9 from U.S. Branches, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-U.S. Branches with at least one Listing in the U.S. You as a Branch are solely responsible for keeping the information in your tax forms accurate, current and complete. gogym.ph reserves the right in its sole discretion to freeze all payouts to any Branch and/or withhold such amounts as required by law if such Branch fails to provide gogym.ph with documentation gogym.ph determines to be sufficient to alleviate gogym.ph's obligation (if any) to withhold taxes from payments to such Branch (e.g. if the Branch is a U.S. Branch and fails to provide gogym.ph with a completed IRS Form W-9).

 

  1. You as a Branch agree that you are solely responsible for determining (a) your applicable Tax requirements, (b) the Taxes which should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting any Taxes included or received by you to the appropriate Tax-related authority. gogym.ph does not offer Tax-related advice to any Member; Members should consult their own Tax advisors.

 

  1. gogym.ph may issue a valid VAT invoice to a Branch where applicable, or upon a request from such Branch.

 

  1. You acknowledge that certain government agencies, departments or authorities ("the Tax Authority") based on the location of your Memberships may require Taxes to be collected from Branches or Gym goers on the amount paid for the right to use and/or occupy such Memberships, and be remitted to the respective Tax Authority. The applicable law in each jurisdiction may be different, but these taxes may be required to be collected and remitted as a percentage of the rent or Memberships Fees set by Branches, a set amount per day, or using other calculation methods, and are sometimes called "occupancy taxes", "hotel taxes", "memberships taxes", "sales and use taxes", "value added taxes", "room taxes", "transient taxes" or "room taxes" etc (hereafter, "Occupancy Taxes")

 

  1. gogym.ph may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Branches or Gym goers in certain tax jurisdictions based on your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts gogym.ph to have an obligation of tax collection and remittance. In any tax jurisdiction where gogym.ph has decided to facilitate direct Collection and Remittance, instead of the Branch collecting Occupancy Taxes from Gym goers and remitting to the Tax Authority, you as a Branch or a Gym goer hereby instruct and authorize gogym.ph to collect Occupancy Taxes from Gym goers on behalf of the Branch at the time Memberships Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When gogym.ph facilitates Collection and Remittance of Occupancy Taxes in a tax jurisdiction for the first time, gogym.ph will provide notice to existing Branches with Listings for Memberships in such tax jurisdiction The Branch will be notified in the listing creation flow when a new listing is created in a tax jurisdiction where gogym.ph facilitates Collection and Remittance of Occupancy Taxes. The transaction documents of the Branches and Gym goers will separately show the amount of Occupancy Tax (if any) collected and remitted by gogym.ph. Where gogym.ph is directly facilitating Collection and Remittance, Branches and Gym goers agree that Branches are not permitted to collect or attempt to collect any Occupancy Taxes relating to their Memberships on gogym.ph in such tax jurisdiction. You expressly agree to release, defend, indemnify, and hold gogym.ph and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against all claims, liabilities, damages, losses, debts, obligations and expenses, including but not limited to the applicability, calculation, collection and remittance of Occupancy Taxes in any amount or at all as to your transactions or Memberships. For any tax jurisdiction where gogym.ph facilitates Collection and Remittance, Gym goers and Branches expressly grant gogym.ph permission, without further notice, to store, transfer and disclose to the appropriate Tax Authority data and other relevant information pertaining to such Gym goers and Branches and their Transactions, Bookings, Memberships and Occupancy Taxes, including, but not limited to, personally identifiable numbers, transaction dates, transaction amounts, listing addresses, the amount of taxes collected from Gym goers or allegedly due, contact information and other similar information.

 

  1. For some tax jurisdictions, gogym.ph may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Branches and Gym goers based on a Branch's direction to opt-in to a specific Occupancy Tax line item in the booking process where such Branches directs the Occupancy Taxes from Gym goers to be sent directly to the Branches and the Branch will remit such directly to the Tax Authority ("Opt-in for Branch Remittance"). In any tax jurisdiction where gogym.ph has decided to facilitate Collection by Opt-in for Branch Remittance, you as a Branch or a Gym goer hereby instruct and authorize gogym.ph to send Occupancy Taxes received from Gym goers at the time Memberships Fees are collected to Branch who is obligated to send such taxes to the Tax Authority directly. If gogym.ph offers and a Branch selects Opt-in for Branch Remittance in any tax jurisdiction, Branches and Gym goers remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Memberships. You agree that gogym.ph is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Branch Remittance of Taxes. You hereby agree that through third party payment processors, gogym.ph is only processing your election and direction to have Occupancy Taxes from Gym goers sent directly to the Branch for remittance by the Branch to the Tax Authority. You expressly agree to release, defend, indemnify, and hold gogym.ph and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against all claims, liabilities, damages, losses, debts, obligations and expenses, including but not limited to the applicability, calculation, collection and remittance of Occupancy Taxes in any amount or at all as to your transactions or Memberships. For any tax jurisdictions where gogym.ph facilitates Opt-in for Branch Remittance, Branches and Gym goers expressly grant gogym.ph permission, without further notice, to store, transfer and disclose to the appropriate Tax Authority data and other relevant information pertaining to such Gym goers and Branches and their Transactions, Bookings, Memberships and Occupancy Taxes, including, but not limited to, personally identifiable numbers, transaction dates, transaction amounts, listing addresses, the amount of taxes collected from Gym goers or allegedly due, contact information and other similar information.

 

  1. You as a Branch or a Gym goer agree that any claim or cause of action relating to gogym.ph's facilitation of Collection and Remittance of Taxes or Opt-in Remittance shall not extend to any supplier or vendor (if any) that may be used by gogym.ph in connection with facilitation of Collection and Remittance of Taxes or Opt-in Remittance, You as a Branch or a Gym goer agree that gogym.ph may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by gogym.ph from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority. You as a Branch or a Gym goer remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Memberships in any tax jurisdiction where gogym.ph has not provided notice of, or are not facilitating (or are no longer facilitating) the collection and remittance of Occupancy Taxes by Collection and Remittance of Taxes, Opt-in for Branch Remittance, or any other means. You as a Branch or a Gym goer agree that for some tax jurisdictions, gogym.ph may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection remittance of Occupancy Taxes. Branches and Gym goers also agree that nothing contained in this Agreement represents or guarantees that gogym.ph will facilitate the collection or remittance of Occupancy Taxes anywhere at all, including in any specific tax jurisdiction, or that gogym.ph will continue to facilitate any collection or remittance of Occupancy Taxes on any specific tax jurisdiction where it may have been offered. gogym.ph reserves the right in its sole discretion to discontinue any facilitation of any collection or remittance of Occupancy Taxes (regardless of method used or to be used in the future) for any reason or for no reason, provided that it will give Branches reasonable notice.

 

  1. Laws that may apply to your properties

 

  1. Before you list your property at gogym.ph, you need to consider the laws, ordinances and regulations that are being implemented in your locale like:

 

  1. Business Licenses, this information is available in your city websites, or you can call their offices and customer service to explain the licensing process for your plan to list your property for short or long term rental.

 

  1. Zoning Rules, cities or counties have set of rules on the use of your property, you can find these information in the city or county websites about zoning code and city ordinances.

 

  1. Special permit, you can check with the city or county office or website if they require permits to rent your property.

 

  1. Information regarding Payment Processing Errors and Rounding Off

 

  1. gogym.ph takes steps to rectify any payment processing errors of which gogym.ph has become aware, which may include crediting or debiting the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

 

  1. gogym.ph may, in its sole discretion, round up or round down amounts payable to or from Branches or Gym goers to the nearest whole functional base units in which the currency is denominated (e.g. to the nearest Philippines Peso, U.S. dollar, euro, British pound, or other supported currency). For example, gogym.ph will round up an amount of Php108.50 to Php109.00, and round down Php113.40 to Php113.00. Some currencies are denominated in large numbers, in which case gogym.ph may determine the appropriate functional base unit to be 10, 100 or 1,000 of that currency. For example, gogym.ph may round 2,035 up to 2,040, and round 2,034 down to 2,030; or round 36,350 up to 36,400 and round 36,340 down to 36,300; or 888,500 up to 889,000 and 888,400 down to 888,000.

 

  1. Information regarding Gym goer Overstaying without Branch's consent and Damages to Memberships

    1. You as a Gym goer agree that a confirmed reservation is merely a license granted by the Branch to the Gym goer to enter and use the Memberships only for the limited duration of the confirmed reservation and in accordance with your agreement with the Branch. You as a Gym goer further agree to leave the Memberships no later than the checkout time that the Branch specifies in the Listing or such other time as mutually agreed upon between you and the Branch. If you as a Gym goer stays past the agreed upon checkout time without the Branch's consent, you no longer have a license to stay in the Memberships and the Branch is entitled to demand your departure. In addition, you as a Gym goer agree that the Branch can charge you an additional hourly fee of two times the average hourly Membership Fee originally paid by you for each hour period, or part thereof, that you stay over the agreed period without the Branch's consent in order to compensate for the inconvenience suffered by the Branch, plus all applicable Services Fees, Taxes, and any legal expenses incurred by the Branch to demand your departure (collectively, "Additional Sums"). You as a Gym goer agree that gogym.phs, in its role as limited payment transmitting agent for the Branch, shall charge your credit card or other payment methods it has on file to collect these Additional Sums. In addition, gogym.phs may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Gym goer's credit card or other payment method on file.

 

  1. You as a Gym goer agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Memberships. You as a Gym goer are responsible for leaving the Memberships in the condition it was in when you arrived. In the event that a Branch claims damages and provides evidence of such damages (which may include but not limited to photographs), you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card, or other payment method you have provided, on file in your gogym.ph Account. gogym.ph also reserves the right to charge the credit card, or other payment method you have provided, on file in your gogym.ph Account, or otherwise collect payment from you while using any available channels in cases where gogym.ph in its sole discretion has determined that you have damaged any Memberships and in relation to any payments made by gogym.ph to Branches. If gogym.ph is unable to charge the credit card, or other payment method you have provided, on file or otherwise collect payment from you, you agree to remit payment for any damage to the Memberships to the applicable Branch or to gogym.ph.

 

  1. You as a Branch or a Gym goer agree to cooperate with and assist gogym.ph in good faith and to provide gogym.ph with such information and take such actions as may be reasonably requested by gogym.ph in connection with any complaints or claims made by Members relating to Memberships or any personal or other property located at a Memberships or with respect to any investigation undertaken by gogym.ph or a representative of gogym.ph regarding the use or abuse of the Website, the App or the Services. Upon gogym.ph's request, you as a Gym goer agree to participate in mediation or similar resolution process with a Branch.

 

  1. You as a Gym goer agree that gogym.ph may make a claim under your homeowner's, Gym goers or other insurance policy related to any damage or loss that you may have caused to or been responsible for a Memberships or any personal or other property located at a Memberships. You agree to cooperate with and assist gogym.ph in good faith, and to provide gogym.ph with such information as may be reasonably requested by gogym.ph, in order to make a claim under your homeowner's, Gym goer's or other insurance policy, including but not limited to executing documents and taking such further acts as gogym.ph may reasonably request to assist gogym.ph in accomplishing the foregoing.

 

  1. Modifications to Services

 

  1. gogym.ph reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, the App or the Services (or any part thereof) with or without notice. You agree that gogym.ph shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Website, the App or the Services, gogym.ph reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website, the App or Services.

 

  1. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

 

  1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

 

  1. a description of the copyrighted work that you claim has been infringed;

 

  1. a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable gogym.ph to find the alleged infringing material, such as a url);

 

  1. your address, telephone number and email address;

 

  1. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and Notice of claims of copyright infringement should be provided to gogym.ph team through: corporate@gogym.ph

 

  1. Communications and Test Profiles.

 

  1. When you become a Member, you agree and consent to receive email messages and push notifications from us. These emails and push notifications may be transactional or relationship communications relating to the Services, such as administrative notices, Services announcements or changes, or messages containing commercial offers, promotions, inspirational quotes, educational information, your personal usage statisitcs, verification of booking and/or coach training sessions or special offers from us or third party partners. Please see gogym.ph's Privacy Policy for more information regarding these communications. From time to time, employees of gogym.ph (or its parent or affiliated companies) may create test dating profiles for the purpose of testing the functionality of our Services and website and App processes to improve Services quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

 

  1. Disclaimers

 

  1. You acknowledge and agree that neither gogym.ph nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website, the App or provided in connection with the Services, whether caused by Members or any of the equipment or programming associated with or utilized in the Website, the App or Services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website, App or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, gogym.ph PROVIDES THE WEBSITE, THE APP AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE OR THE APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. gogym.ph DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE, THE APP OR IN THE SERVICES WILL BE CORRECTED.

 

  1. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, WEBSITE OR APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES, WEBSITE OR APP.

 

  1. From time to time, gogym.ph may make third party opinions, advice, statements, offers, or other third party information or content available on the Website, the App and/or through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. gogym.ph DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE, THE APP OR PROVIDED THROUGH THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE, THE APP OR SERVICES. UNDER NO CIRCUMSTANCES WILL gogym.ph OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, THE APP OR SERVICES, OR TRANSMITTED TO OR BY ANY MEMBERS.

 

  1. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website, the App or through the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. gogym.ph makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website, the App or Services. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

 

  1. Links

 

  1. The Website and App may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that gogym.ph is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or Services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website, the App or Services, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that gogym.ph shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or Services or other materials available on or through any such website or resource.

 

  1. Bing Map (previously known as Microsoft Virtual Earth) combines local search with maps. This is supplied by Microsoft TM Corporation. You agree that you will comply with Microsoft's Services Agreement located at: http://windows.microsoft.com/en-us/windows/microsoft-Services-agreement

 

  1. Google Maps. Some of the Services implement the Google Maps web-mapping Services. Your use of Google Maps is subject to Google's terms of use, located at: http://www.google.com/intl/en_us/help/terms_maps.html

 

  1. Uber. Your use of Uber Services is subject to UberTM's terms of use located at: https://www.uber.com/legal/usa/terms

 

  1. BING translator. The Services is supplied by MicrosoftTM Corporation, your use is subject to the Microsoft Terms of use located at: http://windows.microsoft.com/en-us/windows/microsoft-Services-agreement

 

  1. Limitation on Liability

 

  1. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL gogym.ph, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICES PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF gogym.ph HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, gogym.ph'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN gogym.ph CREDIT COUPON OF VALUE UP TO TEN PERCENT (10%) DISCOUNT ON FEES PAYABLE BY YOU TO gogym.ph FOR SERVICES, WITH SUCH CREDIT COUPON EXPIRING IN THIRTY (30) DAYS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE APP OR SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

  1. Arbitration and Governing Law.

 

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Services, or the Website or App shall be BINDING ARBITRATION administered by the Philippine Arbitration Commission. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against gogym.ph in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against gogym.ph any class action, class arbitration, or other representative action or proceeding.

 

  1. By using the Website, the App or the Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and gogym.ph (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

 

  1. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against gogym.ph (except for small-claims court actions) may be commenced only in the courts located in City of Makati, Philippines. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

  1. This Agreement, and any dispute between you and gogym.ph, shall be governed by the laws of the state of Philippines without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

  1. Indemnity by You

 

  1. You agree to release, indemnify and hold gogym.ph, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and in any matter, any postings or Content you post on the Website, the App or as a result of the Services, and the violation of any law or regulation by you. This includes but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind incorrect arising in connection with or as a result of a rental, booking or use of a Accommodation; and (e) your participation in the Referral Program or your accrual of any gogym.ph Discounts. gogym.ph reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with gogym.ph in connection therewith.

 

  1. Notice

 

  1. gogym.ph may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message, push notifications or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

 

  1. Entire Agreement; Other.

 

  1. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular Services or offers on the Website, contains the entire agreement between you and gogym.ph regarding your use of the Website, the App and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of gogym.ph to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind gogym.ph in any manner.

 

  1. Amendment

 

  1. This Agreement is subject to change by gogym.ph at any time. The revised terms will be effective upon posting on the Website, an in App push notification indicating there is a change, or your use of the Services after such posting will constitute acceptance by you of the revised Agreement.

 

  1. Shipping Policy

 

  1. We currently only offer Services through our website. We do not conduct any shipping and delivery of physical goods based on our operation.

 

  1. Contact Information

 

Questions or concerns: hello@gogym.ph

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