GymCalc Terms and Conditions of Use
- Welcome to GymCalc, an online platform providing you the ability to achieve greater success in the time you dedicate to fitness. This is done by the provision of personalised workouts and training programmes, feedback on those workouts and programmes and additional tools for professional or team trainers. These terms and conditions are intended to set out terms under which you use the Services and this Website.
- These terms and conditions are the terms on which we offer you access to the Services and the Website. If you choose to browse the Website or set up an GymCalc account and use the Services, you accept these terms and conditions.
- These terms and conditions are subject to change. Any amendments will be effective immediately upon posting of the amended terms and conditions on this page. It is your responsibility to ensure that you are familiar with the latest terms and conditions.
- These terms and conditions were last updated on 23 February 2012.
2. Your Account
- Accounts are available only to people or parties with contractual capacity. When setting up an account, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you. In New Zealand, this requires you to be at least 18 years old.
- You agree to give complete and accurate personal information to GymCalc and to update any personal information that may have changed. We may contact you to verify your details if required. In addition, please see further terms below regarding the information you provide to GymCalc in your test results.
- We reserve the sole discretion as to who may set up and hold an account and retain the right to terminate any account without notice or further explanation.
- You agree to keep your login details secure and not to disclose your login details to any other person or party, except as expressly provided below.
- If you subscribe to our Personal Trainer or Team Trainer packages, you have the ability to provide your clients or team members with access to the Services. You are responsible for all actions taken using your account. You agree to make all of your clients and team members aware of these terms of service and agree that all of your clients and team members will be bound by these terms of service.
- Access to the Services is provided at different levels in different packages. You may be entitled to a free two week trial and after that if you wish to continue to use our Services you must either:
- purchase one of our other packages; or
- cease using the Services.
- If you open an account with us, these terms and conditions apply even if you are on your two week free trial.
- You will select a package as part of the process of purchasing Services from us. The packages currently available are:
- Individual: The individual package is tailored to you and provides workouts and programmes generated for you based on results of your testing. You will be provided with a personalised workout programme, an ability to record your workouts and training, and tools to analyse your workouts and training. Our workouts and training programmes are designed to be used in conjunction with a fitness professional.
- Personal trainer: The personal trainer package enables you to create workouts and training programmes for your clients and to track and monitor each client's progress. The workouts and training programmes are based on results of each client's testing.
Your clients will be provided with a personalised workout programme you create for them, an ability to record their workouts and training, and tools to analyse their workouts and training. Your clients will have access to the Website. However, you are responsible for all your clients' actions and activities in relation to the Services or the use of the Website.
- Team trainer: The team trainer package enables you to create workouts and training programmes for some or all of your team members. You will also be able to monitor each team member's progress. The training programmes and packages are based on results of each team member's testing.
Your team members will be provided with a personalised workout programme you create for them, an ability to record their workouts and training, and tools to analyse their workouts and training. Your team members will have access to the Website. However, you are responsible for all your team member's actions and activities in relation to the Services or the use of the Website.
- Packages are available for fixed monthly fees and/or usage charges. The benefits of each package are described above and on the relevant information page on the Website and account holders will be entitled to all benefits described as being part of a particular package, if they purchase that package. The prices for each package are set out on the Pricing page on the Website. Your use of the packages is limited to the number of accounts you subscribe to.
- Prices will be in the currency indicated when you open an account and include GST or VAT or similar where applicable.
- Unless we expressly agree otherwise, payment for our Services must be made in accordance with the terms of payment set out on our Pricing page.
- If payment is not received in accordance with those terms, your access to the Services will cease and your workouts or training programmes will automatically terminate.
5. Access to the Services by Your Client or Team Member for Personal Training and Team Trainer Packages
- GymCalc's relationship is with you as our customer. GymCalc does not have any contractual relationship with, and disclaims all liability to, your clients or team members.
- You are responsible for the actions of your clients or team members in respect of the Services and/or in respect of our Website.
- You agree to indemnify us and hold us harmless against any loss, expense or damages suffered by us as a result of any action by you or any of your clients or team members or any breach of these terms and conditions by you or your client or team member.
6. Use of Website and Service
- Your use of the Website and the Services is entirely at your own risk. The Website and Services are provided on an 'as is' and 'as available' basis. GymCalc expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- You acknowledge and agree that:
- The Services are provided by GymCalc for instructional purposes only.
- The Services do not constitute and are not a substitute for any advice, diagnosis or treatment by a fitness or medical professional.
- Any activities contained within or associated with the Services must not be performed without receiving prior medical consultation and clearance, nor in contravention of any advice provided by a fitness or medical professional.
- Performing incorrectly prescribed exercises or activities may pose a risk to your health or, if applicable, the health of your clients or team members and you will always ensure that you and, if applicable, your clients and/or team members are using correct techniques and will stop immediately to seek professional advice if you or, if applicable, your clients or team members experience any unusual discomfort or pain.
- You are solely responsible for all actions or omissions, whether negligent or otherwise, undertaken by you or, if applicable, your clients or team members in connection with the Services.
- Some parts of the workouts and training programmes designed are based on the results of testing which you provide to us and which we have no control over. Accordingly we disclaim all liability for the workouts and training programmes. In addition, if you do not complete testing requirements before using our services or provide your test results, you will not be able to fully utilise the Services.
- We give no warranty of reliability of access to the Website or the Services, and no warranty that any information on the Website is accurate or reliable. We will use reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. We take no responsibility for any unavailability or for any loss that is incurred as a result. We assume no responsibility for the corruption of any data or information held by us.
- We give no warranty that any file downloaded from the Website or sent to you by the Website will be free of viruses or contamination.
- The Website may contain links to third party Websites, navigating you away from the Website. We have no control and no responsibility for any content contained in any third party Website. By using any of these links, you acknowledge that you are doing so at your own risk.
- The Website may provide users with services, such as forums and message boards to comment on or contribute to. We have no responsibility for any comments posted by anyone other than GymCalc administration. You agree that by posting a comment, you take full legal responsibility and liability for your comments and you indemnify us against liability for your comments. You warrant that the any communication tools on the Website will be used only for lawful and legitimate purposes, and your content will not contain explicit or offensive material or data in violation of any rule of law.
7. Unauthorised Use of Website or Services
- Any unauthorised use of the Website or Services (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) shall constitute a breach of these terms and conditions.
8. Limitation of Liability
- To the fullest extent permitted by law, we are not responsible for any loss, injury or damage caused to any person or property (including under contract, by negligence, statute, product liability or otherwise), whether they be direct or indirect, special, incidental or consequential, resulting from the use of or inability to use the Website or the Services or in connection with the Website or Services or these terms and conditions.
- If any part of the limitation of liability in this clause is found to be invalid or unenforceable for any reason then our liability will not exceed the lesser of the amount that you have paid to us for the Services or the amount you have paid to us in the year immediately preceding the claim.
9. Breach of Terms
- Without limiting any other rights available to us at law as a result of any breach of these terms and conditions by you, we may block your access to the Website, cancel your account, terminate any workouts or programmes, or take any other action that we believe appropriate.
- You agree to indemnify and keep indemnified us and all of our officers, directors and employees from and against all costs, proceedings or liabilities brought against or incurred by us in connection with your breach of these terms and conditions in any way.
11. General Guidelines
- You agree not to damage the Website in any way.
- Force Majeure: We are not liable for lack of performance, unavailability or failure of the Website or Service, or failure to comply with these terms and conditions because of any cause beyond our control
- No Waiver: If we do not enforce any right available to us under these terms and conditions, it does not constitute a waiver of that right or any other right under these terms and conditions.
- Partial Invalidity: If any term under these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it will not affect the remaining terms of Service, which will remain in full force.
- Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand, even if you access the Website from another country.
- International Use: If you access the Website from outside New Zealand you will comply with any local rules regarding your use of the Website.
- Intellectual Property: The Website contains intellectual property that is either owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, content, software, workout programmes, videos, tutorials and graphics. Reproduction of any intellectual property is prohibited without our express consent.
- Entire Agreement: These terms and conditions represent the entire agreement between you and us. These terms and conditions supersede any other agreement made, past or future that relates to the subject matter contained in these terms and conditions.
- In these terms and conditions the following expressions shall have the following meanings, unless the context requires otherwise:
GymCalc, we, us, our are all references to GymCalc Limited
Services refers to the online platform providing personalised workouts and training programmes, feedback on those workouts and training programmes and/or additional tools for professional or team trainers that are made available to you through the Website.
Website means any GymCalc Limited website or page derived from GymCalc.com.
you and any references to your obligations as a person or party relate to you as a browser, user and/or account holder on this Website and includes any employees, clients or team members of you if you are an account holder and you allow them to access the Services in any way.