General Terms Of Use

Welcome to Go Gym Buddy!
It is our mission to make fitness more social, fun and accessible for everyone. We do this helping gym members find workout partners, earning awards for working out and easily joining gym-events with a click of a button.

For gyms, we are here to help increase their membership base, boost membership engagement and retention while building a stronger community around their brand. Gym managers can access our gym software service via the client login page on our website, while gym members can download our apps through itunes and the google play store.

The GO Gym Buddy software (hereafter: “Our Service”) is provided by Snowball Effect Ventures Limited (“we, our, us). These terms of use set out our commitments to people (“End-users”) who use our app, as well as our clients who register for a business account (“Clients”). Clients and end-users will be referred to in general as you (“You, Your”).

When registering for our service you will be asked to agree to these terms. This will happen when end-users set up a profile using the app, or when clients register for a business account. Clients will also have an additional terms and conditions agreement to review during the registration process. Please understand that by using our service you are agreeing to our terms and privacy policy. They are driven by a need to keep you and others safe and secure while using our service.

1.Privacy Policy

1.1 We care deeply about our users and clients privacy. Please read our Privacy policy for more information

2. Age Restrictions

2.1 By using using our service, you represent and warrant that (a) you are 16 years of age or older and you agree to be bound by this Agreement; (b) if you are under 16 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of our service does not violate any applicable law or regulation. Your access to the Service may be terminated without warning if We believe, in its sole discretion, that you are under the age of 16 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Products, you agree to be bound by this Agreement in respect to your child’s use of the Products.

3. Safety Guideline

3.1 Your safety is very important to us so we recommends that you read the following Safety Guidelines before using our Service, in particular when using our gym buddy system:

Be careful about sharing personal information. We designed the profiles to show limited personal information, but when it comes to using our chat function we suggest that you leave out information such as your phone number, email and address. Be aware of any users who: (i) send messages containing links to third-party websites or otherwise; (ii) asks you for money;(iii) asks for your address or any other personal information. Please immediately contact us or click the “report user” to report any suspicious users who: (i) send harassing or offensive messages; (ii) looks like they are under the age of 18; (iii) appear to have a fraudulent profile; or any other suspicious behavior. Take all necessary precautions before meeting any other users of. If it's your first time meeting with your workout partner we recommend scheduling workouts at the gym during staffed hours.

4.Use

4.1 The use of our Service is only allowed, if the General Terms Of Use and the Privacy Policy are agreed upon, Therefore, by using our service, you are communicating with us that you agree to our terms.

4.2 We reserves the right to forbid the use of and/or access to her products without (prior) notice or reason,in case we finds this appropriate due to whatever reason.

4.3 End User profiles are restricted to natural persons for personal use only and public groups are for users with a jointly interest only. Companies and other institutions, like foundations, gyms and other commercial companies are only allowed to create profiles if they have registered for the appropriate pricing plan or received prior written permission from us.

4.4 Profiles contrary to previous rules can be removed, without prior notice. 4.5 When making any purchases through our services, 4.6 If you access our website services on behalf of another person (e.g a company), you confirm you have authorisation to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

4.7 If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.

5. Blocking Accounts and User Content Policy

5.1 We moderate all content and ultimately reserve the right to remove any user created content that we decide is not appropriate. Although we try our best to proactively remove inappropriate content, it may take some time, so we encourage users to report objectionable content.

5.2 The Go Gym Buddy app has a blocking feature that users can make use of to block certain people from contacting them. When users block someone, they are permanently blocked from reaching out to you so keep this in mind.

5.3 Any User Content provided by you remains your property. However, by providing User Content to GO Gym Buddy, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free licence, to use, copy, modify, create derivative works of, distribute, publicly display and publicly perform such User Content in all formats and distribution channels. You also represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) all of your User Content is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.

6. Physical exercise and Nutrition

6.1 Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience any form of pain or become dizzy or short of breath should immediately stop the physical. Neither the Company nor any of its trainers or Affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or nutrition plans.

6.2 Our sites or apps may offer helpful information such as exercise tips. Although this information is made with great care, a complete accuracy cannot be guaranteed so any use is completely at your own risk. We cannot be held liable for any wrong information and possible damage that may occur in result of action taken based on the information. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

7. Communication

For all communication and contact via our service, the following user guidelines apply:
a) Keep it always fun and positive!
b) Treat each other with respect
c) Respect each others opinion, even if you do not agree with it
d) Do not place “off-topic” messages within discussions
e) Do not bother people with irrelevant matters
f) Do not advertise for any products or services

8. Rights of intellectual property

8.1 By accepting these Terms of use, you explicitly recognize that all designs, information, images and other content within the App and Sites– with exception of user generated content – are property of Go Gym Buddy, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighboring rights, patents and design rights.

8.2 We grant users a limited, personal, non-exclusive, non sub-licensable, non-transferable and revocable right to use the our service for personal purposes and under the terms and conditions, as stated in these General Terms Of Use.


8.3 In case Go Gym Buddy and a third party, being an company or institution, agree upon the licensing of one or more of the services, this concerns a limited, non-exclusive, not sub-licensable, non-transferable and revocable right to use our services, unless otherwise agreed upon in writing.

8.4 It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with Go Gym Buddy. For press purposes please refer to our Press Kit, or contact us here or at http://gogymbuddy.com

8.5 Go Gym Buddy declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights or those of our third parties.

8.6 You may not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our Service or unduly burdening or hindering the operation and / or functionally of any aspect of our Service.

Changes to this privacy policy

We have the discretion to update this privacy policy at any time. When we do, we will send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

9. Paid Services

9.1 It is important to protect the integrity and security of our service, users of our service and other people. Please appreciate that, if you do not honour your commitments or obligations under these Terms, without limitation to any other rights of Go Gym Buddy, we shall have the right to suspend or cancel your access to the our Service.

9.2 The listed prices of the Products are in New Zealand dollars and exclude GST, unless explicitly stated otherwise.

9.3 All listed prices are conditional and can be adjusted without an prior notice.

9.4 We may offer you a free trial period to use our Service as a new customer (for example “30 Day Free Trial Offer”). To take advantage of such a trial, you need to subscribe and register to use the our service and agree that these Terms and conditions relating to the free trial. If you decide that you do not wish to become a paying user of our service after the trial period, you must terminate your subscription to use our service before the expiry date specified by contacting us hereotherwise your subscription to use our Service will automatically renew after the expiry of the trail and you will be required to pay us for such use, in accordance with these Terms.

9.5 Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon. Such termination has to be done at least 1 month, before the end of the (renewed) contract period. For monthly subscriptions, termination has to take place 2 weeks before this. Without termination, the subscriptions will automatically be extended after agreed period has ended, in principle for a same period, unless otherwise agreed. Users can unsubscribe at any time, although the mentioned notice term applies.

9.6 Payment is due once the agreement is in place, unless otherwise agreed upon.

9.7 The service shall be delivered as soon as possible or within the agreed period after payment. We accepts no liability for any damage, in case the delivery takes place after the agreed period.

10. Modifications

10.1 Go Gym Buddy explicit reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the services, for a determined period or always, without prior notification, whether it concerns paid or unpaid services.

10.2 This may also result in non-accessibility or loss of a part or the whole Information. We cannot be held liable for any direct or indirect damage resulting thereof.

11. Changes

11.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms.

11.2 By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.

12. Unlawful access and exclusion of liability

12.1 You are responsible for maintaining the confidentiality of any passwords associated with your GO account. You agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account (except as to security breaches caused by the Company).

12.2 If you knowingly access or use or attempt to access or use our Service for an unlawful purpose (including but not limited to fraud or attempted fraud or hacking or attempted hacking), you agree that you will be liable to pay any party the amount of the loss caused directly or indirectly to that party by your unlawful actions (any such third party loss being deemed to be our loss). For the avoidance of doubt, this clause is not intended to confer benefits enforceable by third parties under the Contracts (Privity) Act 1982. You may also be liable to prosecution for criminal offences.

12.3 Although we hold ourselves to a very high standard, because of the nature of innovation and sometimes hidden challenges, we make no representation concerning the quality of the Service and cannot promise that the Service will:
i meet your requirements or be suitable for a particular purpose
ii be secure, error free, including potentially harmful software or defects.

12.4 Nor Go Gym Buddy, nor her partners or suppliers give any guarantee, explicit of implicit, regarding the functionality of the service or any content thereof.

12.5 We will not be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control.

13. Disputes

13.1If you have a dispute with us in connection with these Terms or any issue with our Service you must first contact us through email. Both you and our team will use all reasonable efforts in good faith to resolve the dispute. If you and our team are unable to resolve the dispute to your satisfaction, you may ask them to escalate the dispute to the senior management team. We will then promptly contact you and will endeavour to resolve the dispute with you.

14. Third party sites / links / ads

14.1 Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

15. Law and jurisdiction

15.1 New Zealand Law applies to this agreement. Any disputes which may result from this agreement must first try and be resolve with GO gym buddy, and failing that, will be decided upon by the competent court in Auckland, New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand Courts.

If you have any questions or concerns with respect to this Terms of Use or the Services, you may contact a representative at hello@gogymbuddy.co.nz