TERMS AND CONDITIONS

Please read carefully. This is a legal document.  

If you have any questions regarding these Terms and Conditions, or if you have any questions, complaints, claims or other legal concerns relating to gem.fit or its business, please contact us at [email protected].

DEFINITIONS

Account” means an individual registered user account with gem.fit, which provides access to Content through a Subscription to the Platform

Activities” means any physical activity or exertion associated with the use of Content including classes (live and pre-recorded), educational tutorials, workshops and other events

Content” means any data, text, files, information, images, graphics, photos, links, videos and other content or materials created and owned by gem.fit

Subscription” means any gem.fit digital subscription purchased by a user

Platform” means the gem.fit website, available at https://gem.fit, and the Content contained therein

Subscriber” means an individual with a Subscription

WAIVER, RELEASE AND INDEMNIFICATION (“WAIVER”)

As a Subscriber (or user of free gem.fit Content), I agree to participate in the Activities available on the Platform, on the following terms: 

  • I declare that I am medically and physically fit and able to participate in any of the Activities and understand that gem.fit will rely upon this declaration as evidence of my fitness and ability to participate, and it is my responsibility to check with a qualified health professional should there be any change in my fitness or ability to participate;
  • Participation in any Activities are my choice, and I expressly assume any and all risks (whether inherent or not, and whether listed or not) associated with all of the Activities;
  • Participation in Activities is a recreational activity that may be hazardous or dangerous and there is an inherent and significant risk of injury, disability or death as a result of such activity, including but not limited to: unaccustomed physical exertion, slipping, falling, poor skill level or horseplay, failure in equipment and facilities, collisions with natural and man-made objects, muscle pain or injury, bone pain or injury, inadequate supervision, risks associated with the actions of other individuals’ behaviour, and other events outside the control of gem.fit;
  • fit will not be held responsible for any property damage, personal physical or mental injury, or death caused by or during participation in the Activities and I will defend and indemnify gem.fit from any and all claims incurred of any kind whatsoever in any way arising out of my participation;
  • I will follow all rules and guidelines, safety instructions and reasonable directions given by gem.fit, its coaches, leaders, representatives and any third party service providers which may be involved in delivering any of the Activities to ensure the safety of myself and other participants;
  • I recognise that I am accountable for my own safety and I will, at all times, role model a safe practice of physical movement;
  • I am solely responsible for my personal belongings and equipment during the Activities and gem.fit cannot be held liable for any loss or damage of my personal belongings;
  • I recognise and accept that the Activities of gem.fit may visit or take place in public venues under conditions beyond the control of gem.fit;
  • I understand that I may be instructed to stop my participation in the Activities where in the reasonable opinion of gem.fit, its owners, and/or coaches, I am not participating in a proper manner; my presence is disruptive and contrary to what is expected of a participant; or there are concerns about health or safety;
  • I understand that I may be photographed or filmed during the gem.fit Activities and I allow my likeness to be used by gem.fit for any legitimate purpose without compensation or approval rights;
  • I understand that this Waiver is intended to be as broad and inclusive as is permitted by applicable law and that if any part is held invalid, the balance shall, notwithstanding, continue in full legal force and effect;
  • All information which I have provided to gem.fit is true and I agree to hold gem.fit free from all liability for any consequences caused by misleading or wrong information;
  • I have carefully read this Waiver and fully understand its content and in participating in the Activities agree to be bound by the terms.

GENERAL TERMS OF USE

You must create an Account and have a Subscription in order to access the Content on the Platform.

You must be at least 18 years old to use the Service.

You must use the Platform only in accordance with our Waiver.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorised to create Accounts on behalf of their employers or clients, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other gem.fit users.

You are responsible for keeping your password secret and secure.

RIGHTS & OWNERSHIP

The Platform contains Content owned or licensed by gem.fit. gem.fit Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and gem.fit, gem.fit owns and retains all rights in the Content and the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the gem.fit Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the gem.fit Content.

The gem.fit name and logo are trademarks owned by the gem.fit and may not be copied, imitated or used, in whole or in part, without the prior written permission of gem.fit. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of gem.fit, and may not be copied, imitated or used, in whole or in part, without prior written permission from gem.fit.

MONTHLY SUBSCRIPTIONS

If you sign up to a Subscription:

  1. It will automatically renew each month unless you cancel it. You can cancel it at any time before the next payment is due.

You will be entitled to unlimited access to Content on the Platform until you terminate your Subscription (in which case your access will cease at the end of your final paid subscription period). If you fall behind in payment of your monthly subscriptions for more than 7 days, you will forfeit your subscription. Please note that you will be liable for any outstanding payments following any such forfeiture.

  1. Your Subscription fees may be increased from time to time at the discretion of gem.fit. You will be given at least 7 days’ notice of any increase in Subscription fees. If you do not wish to accept a proposed change to our Subscription fees, you may cancel their subscription by cancelling their Subscription in accordance with condition (1) above.

YOUR USERNAME AND PASSWORD

Certain areas of our Platform are restricted and may only be accessed if you are a Subscriber of gem.fit and have been issued with or have chosen a username and password. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If you believe or suspect that someone else knows your login details you must contact us as soon as possible.

We reserve the right to disable any user identification code or password used to access to the Platform at any time if in our reasonable opinion you have failed to comply with these Terms and Conditions.

You shall not obtain or attempt to obtain unauthorised access to an area of the Platform which is only accessible with a username and password other than that which has been identified as being available to you through the logins and passwords notified to you and you will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation.

We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.

If you are accessing an area of our Platform protected by a username and password to use the Content available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of Services. These statutory rights will not be affected by any statement contained in these Terms and Conditions.

ACCEPTABLE USE POLICY

You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation;
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. For the purpose of harming or attempting to harm minors in any way;
  4. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  5. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access, without authority, interfere with, damage or disrupt:

  1. any part of our Platform;
  2. any equipment or network on which our Platform is stored;
  3. any software used in the provision of our Platform; or
  4. any equipment or network or software owned or used by any third party.

We do not guarantee that our Platform, or any content on it, will be free from errors or omissions. If you are aware of any error on this Platform please contact us and we will endeavour to correct it.

If you decide to access any third party websites linked to this Platform, you do this entirely at your own risk. We provide these links purely for your convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for, or have any control over, the content or use of such websites. You may be subject to the terms of use applicable to such third party sites.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions;
  2. Not to access without authority, interfere with, damage or disrupt: 
    • any part of our site; 
    • any equipment or network on which our site is stored; 
    • any software used in the provision of our site; or 
    • any equipment or network or software owned or used by any third party.
  3. Not to abuse our staff through emails or social media. Any form of abuse will result in your account being blocked;

We will provide clear information to you about the kind of customer service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Platform and our provision of services (including Content) to you.

Your use of our Platform means that you accept, and agree to abide by, all the Terms and Conditions, including the Waiver, Acceptable Use Policy and other terms contained herein.

VARIATION

We reserve the right to vary or amend these Terms and Conditions from time to time. Any changes shall take effect upon posting to this Platform and our provision of services to you.

You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Platform.

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