Last updated: April 2018
A big warm welcome to Zym. Zym is operated by Zym Ventures Limited (trading as Zym), with company registration number 10270373 and its registered address is 71-75 Shelton Street, Covent Garden, WC2H 9JQ, United Kingdom, hereinafter referred to as “Zym”, “we”, “us”, or “our”.
2. CONTRACTUAL RELATIONSHIP
Through the Site and the Application, Members may contract to receive Services from Associates. Zym’s role is to allow Members to do that through the Site and Application and to facilitate payment. We do not act as principal in the provision of the Services, nor as agent for an Associate except where expressly stated, nor are we party to any agreement or terms of service between Associates and Members in relation to the provision and/or receipt of Services members are strongly advised to review an Associate’s terms of service before purchasing Services.
“Member”: an individual who signs up to use Zym Services via the sign-up process on the Site and/or Application
“Associate”: a provider of fitness services who signs up with Zym to make their services available to Members via the Site and/or Application
The Site, Application and Services are intended solely for persons who are 16 or older. Any access to or use of the Site, Application or Services by anyone under 16 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 16 or older. Note that some Associates may, solely in their discretion, allow parents and other legal guardians to purchase Services on behalf of the Member. Do check with the Associates you intend to visit directly if you need to purchase on behalf of a Member less than 16 years of age. Associates may demand Members to be at least 18 years of age. In this instance, this will be communicated via the Site and/or Application.
At our request, Members shall promptly provide proof of identity and age.
Members agree that they may only purchase a maximum of 6 hours per month from an Associate’s venue through the Service. Members shall not exceed or try to exceed this maximum. Note that each Associate’s venue will have a 6 hour activity limit per month.
To use most aspects of the Site and Application you will need to register for a Zym account. Account registration requires you to provide to Zym certain personal information, such as but not limited to your name, email address, mobile phone number and age, as well as at least one valid payment method. By creating a Member account, you agree to
(a) provide accurate, current and complete account information,
(b) maintain and update as necessary, any changes to your account information,
(c) maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to us, and
(d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, Application or your account.
Each Member may register one account only and you warrant that you will not create duplicate and/or fraudulent accounts. Zym reserves the right to suspend or terminate your Zym account and your access to our Services.
6. USE OF THE SITE AND APPLICATION
You may only use our Site or Application for your own personal and non-commercial use. We reserve the right, but are not obligated, to suspend or terminate your access to our Site or Application at any time without notice. You may not transfer your membership of the Site or Application to any third party.
Zym does not provide guarantees on uninterrupted usage and access to the Site or Application. We reserve the right to modify the Site or Application at any time, without liability for any modifications that cause any disruption to you or any third party.
You acknowledge and agree that we are not liable for any disagreement, complaint or claim that you may have in respect of any agreement between you and an Associate as we are not a party to any such agreement.
You understand that usage of the Services will result in charges to you for the services you receive, or facilities you make use of from an Associate (“Charges”). The price of the Services will be quoted on the Site or Application. Zym reserves the right to adjust prices for Services at any time, in which case the Zym platform will be updated accordingly. You accept and agree that (a) prices quoted on the Application may not be the final amount charged to you as this is dependent on your usage time of the Services offered by an Associate; (b) prices will vary from Associate to Associate; and (c) prices applicable may substantially increase during times of high utilisation. In this scenario, Zym will use reasonable efforts to inform you of any changes in price regardless of your awareness of such changes in price or the amounts thereof.
You acknowledge and accept that clicking the ‘CHECK IN’ button on the Application, constitutes the demonstration of intent to use Services offered by Associates, authorising us to facilitate any Charges if you use any Services and that these Charges paid by you are final and non-refundable, unless otherwise determined by Zym. In order to complete the billing transaction, you must request the Associate to process your Check Out. Members agree that failure in arranging the Associate to perform a Check Out may result in a higher Charge and activity time. Upon a successful Check Out, Zym will facilitate your payment of the applicable Charges on behalf of the Associate as disclosed payment collection agent for the Associate (as principal). Payment of any Charges in such manner shall be considered the same as payment made directly by you to the Associate. All Charges include VAT and any other taxes if applicable.
When you provide us with your payment information, we transmit it via an encrypted connection to our payment processor, Stripe. By making any payments through the Site or Application, you acknowledge that you are authorised to use the designated payment method and agree and accept Stripe’s Terms of Service. All Charges are due immediately and payment will be facilitated as soon as practicable by Zym using the preferred payment method configured in your Account. If your primary Account payment method is determined to be invalid, expired or otherwise, you agree that Zym may, as the Associate’s disclosed payment collection agent, use a secondary payment method in your Account, if available. You may also edit your payment method information on the Application. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Site, Application and Services.
In addition to charges for the Services, some of our Associates may also charge for equipment or other amenities, including but not limited to, towel rental, nutritional supplements and spa facilities. You agree that you will process any such additional charges directly with the Associate.
You are responsible for all third-party charges and fees associated with connecting to our Site and Application, and using the Services, including fees such as, but not limited to, internet service provider fees, mobile data and telephone charges.
Zym may, in Zym’s sole discretion, create promotional codes that may be redeemed for Account credit, subject to any additional terms that Zym establishes on a per-promotional basis (“Promo Codes”). You agree that Promo Codes (a) must be used for the intended audience and purpose. Promotions may be offered to new Members. In addition to any other restrictions that may apply, you may not claim any voucher, gift or promotion targeted at new Members if you already have an existing account with Zym; (b) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Zym; (c) may be disabled by Zym for any reason without liability to Zym; (d) are not valid for cash; and (e) may expire prior to your use.
From time to time, we or our Associates may offer free trials or discounts for specified periods of time. Once these end, we or our third-party payment processor will begin billing your usage of Associate facilities. Please note that you may not receive notification that your free trial or discount period has ended or that the billing process has begun.
9. REFUND POLICY
Charges paid by you are final and non-refundable, unless otherwise determined by Zym. If Zym determines that a Member’s claim for refund is valid, we will give you a Promo Code for the disputed amount that you may use within the Site and Application in accordance with Condition 8.
10. INTELLECTUAL PROPERTY
The Site and Application are protected by copyright, trademark, and other intellectual property rights world-wide. You acknowledge and agree that the Site, Application and content on these platforms, including all associated intellectual property rights, are the exclusive property of Zym and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Application, unless expressly authorised by Zym. All trademarks, service marks, logos, trade names, and any other proprietary designations of Zym used on, or in connection with, the Site and Application, are trademarks or registered trademarks of Zym in the United Kingdom.
11. MEMBER CONDUCT
You must take proof of identity when you attend an Associate’s facilities, together with the device on which you have downloaded the Application. You agree not to: (a) harass, threaten, disrupt or defraud users, members or staff of Zym or Associates or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment; (b) make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users; (c) impersonate another person or access another user’s account without that person’s permission; (d) misrepresent the source, identity, or content of information transmitted via the Site or Application, including deleting the copyright or other proprietary rights;
We reserve the right to permanently suspend any user on the grounds of behaviour deemed as threatening or abusive in any way. In addition, Associates reserve the right to refuse entry to or remove from their facilities any Member who do not comply with the Associates terms of service.
You agree that from time to time there may be delays in the provision of the Services, and you agree that neither we nor the Associate shall have any liability to you for such delays.
12. DISCLAIMERS AND LIABILITY
If you choose to use the Site Application or Services, you do so at your sole risk.
We will take reasonable steps to ensure that all information on our Site or Application, including information on Associates, pricing and charges is as accurate as possible. However, we cannot warrant or guarantee (a) the correctness or completeness of material on the Site or Application; (b) that Members will find a suitable Associate; and/or (c) that an Associate will have suitable facilities or provide suitable Services for a Member. The material on the Site or Application may be out-of-date, or on rare occasions, incorrect and we make no commitment to ensure that such material is correct or up-to-date. Members are responsible for determining whether the Associate and/or the Services are suitable for their purposes. We may make changes to the Site or Application at any time without notice.
When you purchase Services from an Associate through our platform, Zym, its officers, agents and/or consultants have no liability whatsoever in contract or otherwise for your acts, omissions or opinions and is in no way responsible for the behaviour or within any of the Associate’s premises. In other words, Zym is in no way liable or responsible for your health and safety at any time.
Members agree that the Associates provide exercise and fitness facilities and services, and that exercise carries its own risk. Members should seek advice from a doctor or other medical practitioner before purchasing the Services if they have any concerns about their health.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
14. ADDITIONAL TERMS FOR USERS WHO DOWNLOAD THE APPLICATION FROM THE APPLE ITUNES APP STORE
The licence granted to you for the App is limited to a non- transferable licence to use the Application on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the Application or your use or possession of the Application, including, but not limited to (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
We both acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. OUR DETAILS
If you have any questions about these Terms, please contact us at firstname.lastname@example.org. Alternatively, write us at Zym Ventures Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ