Welcome to Athleton+.
Terms of use
- These Terms of Use (“Terms”) are a contract between you and AthlesisPlus Ltd (“Athleton+ ” or “we”) and govern your access to and use of the Athleton+ website, mobile application (such as for iPhone or Android) or content (the “Site”) or any fitness, recreational, wellness, or other classes, experiences, activities, events, services, recordings, and/or products made available through Athleton+ (collectively, “Classes”). Please read these Terms carefully before accessing and using the Site or Classes.
- The most current version of these Terms can be accessed at any time at athletonplus.com . Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and/or using the Site and/or Classes.
- By accessing and/or using the Site and/or Classes, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not uase the Site or any Classes.
- Athleton+ may amend the Terms of this agreement (the “Agreement”) at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Athleton+ App. We will also update the “Last Updated” date at the top of this Agreement. Any use of the Athleton+ App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the Athleton+ App, and you can terminate your account with the Athleton+ App (“Athleton+ App Account”) by emailing info@athletonplus.com. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.
Registration and Account Activation
Athleton+ App - The Athleton+ App allows you to create one consumer profile that enables you to perform aggregated searches, then schedule and pay for services including online training and other services offered by participating businesses and independent practitioners who subscribe to our online business management software (“Athleton+ Subscribers”).
- The Athleton+ App, subject to these terms and payment of applicable fees, will also provide you with an opportunity to purchase a product which will allow you to view video on demand content (“Online classes”). For the purposes of this Agreement, Online classes shall be considered part of the Athleton+ App and references to the Athleton+ App shall be read as including Online classes when made available via the Athleton+ App.
- To make credit or debit card purchases from Athleton+ or any Athleton+ Subscriber, you must complete the registration and open an Athleton+ App Account. You do this by providing your first and last name and email address, completing your email verification, and when prompted to provide a valid credit or debit card within the Athleton+ App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your Athleton+ App Account. Your Athleton+ App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your Athleton+ App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Athleton+ App Account to engage in illegal or unethical activities.
- The Athleton+ App allows you to make payments by those methods accepted by Athleton+ Subscribers. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc. (collectively, the “Networks”). Please note that not all Athleton+ Subscribers accept all payment methods, including all card-based payment methods. The Networks accepted by each Athleton+ Subscriber are displayed in the Athleton+ App. We are not a bank, and do not offer banking services. We also do not offer money service business services. We do not store your bank account details either. Your bank account details are only managed by Stripe, a third-party provider. More information on Stripe’s privacy policies and Terms and conditions could be found in stripe.com . With your Athleton+ App Account you can use most European issued credit, debit or pre-paid with a Visa, MasterCard. Athleton+ Subscribers may update at any time the list of card types that they accept.
Your Authorization for Purchases Made Through the Athleton+ App - By associating a payment card with your Athleton+ App Account, searching for and reserving services in the Athleton+ App, and agreeing to pay for those services within the Athleton+ App, you are authorizing a charge to your payment card as necessary to complete the purchase.
- Purchases you authorize through the Athleton+ App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Athleton+ or an Athleton+ Subscriber.
Compatible Mobile Devices and third-party Carriers - Your Athleton+ App Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as “jailbreaking”, are not compatible mobile devices. You acknowledge that the use of a modified device to use the Athleton+ App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your Athleton+ App Account. Athleton+ does not warrant that the Athleton+ App will be compatible with your mobile device or third-party carrier.
- Your use of the Athleton+ App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.
App Stores - You acknowledge and agree that the availability of the Athleton+ App is dependent on the third party from whom you received the Athleton+ App license, e.g., the Apple App Store or Google Play (“App Store“). You acknowledge that this Agreement is between you and Athleton+ and not with Apple, Google, or their App Stores. Athleton+ , not Apple, Google, or their App Stores, is solely responsible for the Athleton+ App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Athleton+ App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Athleton+ App. You agree to comply with, and your license to use the Athleton+ App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Athleton+ App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.
Restrictions on Use - By using the Athleton+ App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 15 years old (a “Minor“), that you are using the Athleton+ App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Athleton+ App and agree to this Agreement. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless Athleton+ if the Minor breaches any of the terms of this Agreement. If you are not at least 15 years old, you may not use the Athleton+ App at any time or in any manner or submit any information to the Athleton+ App or Athleton+ without parental approval.
- The Athleton+ App and your Athleton+ App Account may only be used in a country or territory where current Athleton+ Subscribers exist and the laws of that country or territory permit its use.
Unauthorized or Illegal Transactions - We may decide not to process a transaction if we believe that the transaction is in violation of any Athleton+ agreement or exposes you, other Athleton+ users, our partners, including any Athleton+ Subscribers, or Athleton+ to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Athleton+ App Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Athleton+ App Account, and/or any of your transactions with law enforcement.
Permission to share information - By using the Athleton+ App, you give Athleton+ permission to share your user name, email address, first and last name, birthday, phone number and home address with some Athleton+ Subscribers you make purchases with. You also give us permission to share some Athleton+ Subscribers information about purchases you have made and any of Athleton+ ’s products or services. More information can be found in the Athleton+ Privacy Policy.
Customer Service Disclaimer - You understand and agree that Athleton+ is not responsible for the services that you purchase through the Athleton+ App and provided by Athleton+ Subscribers. Third-party merchants and not Athleton+ , provide those services. These merchants, and not Athleton+ , are responsible for the customer service related to those services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not Athleton+, is responsible for customer service related to your payment card.
Disclosures and Notices - You acknowledge and agree that Athleton+ may provide disclosures and other notices required by law and other information about your Athleton+ App Account to you electronically by posting them on the Athleton+ App or by emailing the email address listed in your Athleton+ App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Athleton+ with your most current e-mail address. In the event that the last e-mail address you provided to Athleton+ is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Athleton+ ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
User Content
- In connection with registering for an Athleton+ App Account, you may provide reviews, feedback and other content regarding Athleton+ products and services or Athleton+ Subscribers, including without limitation regarding the video on demand fitness classes made available via the A+ online gym. This content may include photos, name, alias, likeness, appearance, form or other materials or information uploaded to the Athleton+ App (“User Content”). You agree that you will not upload User Content to the Athleton+ App unless you have created that content yourself or you have permission from the copyright owner to do so.
- You acknowledge that Athleton+ has no obligation to pre-screen, edit, or monitor any User Content, although Athleton+ reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the Athleton+ App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
Privacy - Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy and cookies policy.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we are Processing in providing the Services to you.
- Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can e-mail: info@athletonplus.com.
Your Right to Terminate
Termination - You may terminate this Agreement at any time by ceasing to use the Athleton+ App.
Our Right to Suspend or Terminate - We may terminate this Agreement and close your Athleton+ App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you
- have violated the terms of this Agreement or any other agreement you have with Athleton+ or Athleton+ ’s policies,
- pose an unacceptable credit or fraud risk to us, and/or
- provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Athleton+ App.
Effect of Termination
- If your Athleton+ App Account is terminated for any reason or no reason, you agree:
(a) to continue to be bound by this Agreement,
(b) to immediately stop using the Athleton+ App,
(c) that the license provided under this Agreement shall end,
(d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and
(e) that Athleton+ shall not be liable to you or any third party for termination of access to the Athleton+ App, or for deletion of your information or account data. - We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Athleton+ App, or in connection with any termination or suspension of the Athleton+ App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.
Restrictions on Use
User Submissions - You may use the Athleton+ App only to the extent that you obey all laws, rules, and regulations applicable to your use of the Athleton+ App. While we want you to enjoy the Athleton+ App, you may not, nor may you permit any third party to do any of the following:
i. access or monitor any material or information on any Athleton+ system using any manual process or other automated means,
ii. copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Athleton+,
iii. permit any third party to use or benefit from the Athleton+ App via a rental, lease, timesharing, service bureau or other arrangement,
iv. transfer any rights granted to you under this Agreement,
v. violate the restrictions in any robot exclusion headers on the Athleton+ App or any Athleton+ service or product, work around, bypass, or circumvent any of the technical limitations of the Athleton+ App, use any tool to enable features or functionalities that are otherwise disabled in the Athleton+ App, or decompile, disassemble or otherwise reverse engineer the Athleton+ App,
vi. perform or attempt to perform any actions that would interfere with the proper working of the Athleton+ App, prevent access to or use of the Athleton+ App by other users, or impose an unreasonable or disproportionately large load on our infrastructure, or
vii. otherwise use the Athleton+ App except as expressly permitted herein.
Ownership - The Athleton+ App is licensed and not sold. Athleton+ reserves all rights not expressly granted to you in this Agreement. The Athleton+ App is protected by copyright, trade secret and other intellectual property laws. Athleton+ owns the title, copyright and other Greek intellectual property rights in the Athleton+ App and all copies of the Athleton+ App. This Agreement does not grant you any rights to Athleton+ ’s trademarks or service marks.
Feedback - You may choose to or we may invite you to submit comments or ideas about the Athleton+ App, including without limitation about how to improve the Athleton+ App or our other products (“Feedback“). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Athleton+ under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Athleton+ does not waive any rights to use similar or related ideas previously known to Athleton+ or developed by its employees or obtained from sources other than you. Athleton+ has no obligation to review any Feedback nor to keep any Feedback confidential, and Athleton+ may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
License Grant to You - Subject to your compliance with this Agreement, Athleton+ hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Athleton+ App on a single mobile device that you own or control and to run such copy of the Athleton+ App solely to find and reserve services and make purchases from Athleton+ Subscribers in accordance with this Agreement. You will not:
a. modify, copy or create any derivative works based on the Athleton+ App,
b. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Athleton+ App available to any third party,
c. reverse engineer or decompile any portion of the Athleton+ App,
d. access or use (or allow a third party to access or use) the Athleton+ App for competitive analysis or to build any competing products or services,
e. copy any features, functions, integrations, interfaces or graphics of the Athleton+ App, or
f. otherwise use or exploit the Athleton+ App in any manner not expressly permitted by this Agreement. Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the Athleton+ App, subject to any additional terms made known to you at that time, when Athleton+ makes these updates available. You may be required to accept updates to the Athleton+ App in order to continue to use the Athleton+ App.
Indemnification - You agree to release, indemnify, defend, and hold harmless Athleton+ and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “Athleton+ Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to:
a. any actual or alleged breach by you of this Agreement,
b. your access to or use of the Athleton+ App, or
c. any actual or alleged violation by you of the intellectual property, privacy or other rights of a third party. This provision does not require you to indemnify any of the Athleton+ Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Athleton+ App. - Athleton+ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Athleton+ in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
Representation and Warranties - You represent and warrant to us that:
a. you are at least eighteen 18 years of age or at least 15 years old with parental consent,
b. you are eligible to register and use the Athleton+ App and have the right, power, and ability to enter into and perform under this Agreement,
c. the name identified by you when you registered is your name or business name,
d. you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations,
e. you will not use the Athleton+ App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Athleton+ App, and
f. your use of the Athleton+ App will be in compliance with this Agreement.
Waiver & release - You understand that Athleton+ is not a gym, health club or similar establishment and the Classes provided are operated and delivered by the applicable venue or personal trainer and not by Athleton+. Athleton+ is not responsible for the quality of any class provided by a venue or any third party (including but not limited to the facility or instructor). You are solely responsible for determining whether the class or recommendations available on or through the site and/or Classes are right for you.
- You understand that there are certain inherent risks and dangers in exercising and that the Classes you may attend or participate in offer a range of activity and intensity levels. By using Athleton+ (including but not limited to attending, participating in or using a class), you acknowledge and agree that you are aware of these risks which include, but are not limited to, property damage, illness, loss or bodily injury. You acknowledge that some of these risks cannot be eliminated, and you specifically assume the risk of injury or harm.
- You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using the Athleton+ App (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use any Classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
- You also understand and agree that the site offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the site and/or a class is intended to be, and must not be taken to be, the practice of medical professional or counselling care. You should not rely on any information on or through the site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or heard on or through the site and/or a class. The use of any of the content, recommendations and information provided on or through Athleton+ is solely at your own risk.
- Therefore, to the fullest extent permitted by law, you release, Athleton+ and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the site and/or attendance at, participation in, purchase of and/or use of any class) including but not limited to with respect to bodily injury, physical harm, loss, illness or property damage.
Release - You hereby release Athleton+ and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries and property damage, that is either directly or indirectly related to or arises from your use of the Athleton+ App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Athleton+ App.
Venue Waivers and Terms
- Members taking Classes are deemed to agree to the liability waivers and terms of individual venues. Your participation in any Classes may be subject to addition policies, rules or conditions of the applicable venue and you understand and agree that you may not be permitted to reserve or attend Classes or services if you do not comply with these Terms or the policies of the venues or as otherwise determined by a venue. If you have questions about a venue’s waiver or other terms, please see the applicable venue’s website or contact the venue directly.
Limitation of Liability and Damages - Nothing in these Terms (including but not limited to the “Disclaimers” above and limitations of liability below) is intended to exclude or limited any liability that we may have to you by operation of applicable law. This includes liability for personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged however, that we accept no liability for the negligence of any third party, including any studio where you may redeem eligible Classes.
- Under no circumstances, including, but not limited to, negligence, will Athleton+ or its affiliates, contractors, employees, agents, or any third-party partners or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising from or related to the use of the Site, including those that result from the useor the inability to use the materials on the Site, or any other interactions with Athleton+, even if Athleton+ or an Athleton+ authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Athleton+’s liability will be limited to £200.
Third-party Services and Links. - Through the Athleton+ App, you may be offered and given access to services, products and promotions provided by third parties and not by Athleton+ (“Third-Party Services”). If you decide to access or use these Third-Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Athleton+ is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The Athleton+ App may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Athleton+ . You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.
- Athleton+ expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the Athleton+ App, is subject to that digital property’s own rules and policies.
Governing law, jurisdiction and complaints - The law of England and Wales govern the Contract (including any non-contractual matters).
- Disputes can be submitted to the jurisdiction of the courts of England and Wales.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 days.
Limitation on Time to Initiate a Dispute - Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues.
Questions, Complaints, Claims
Miscellaneous - If you have any questions, complaints or claims with respect to the Athleton+ App, please contact us at complaints@athletonplus.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Electronic Communications - The communications between you and Athleton+ use electronic means, whether you visit the Athleton+ App or send Athleton+ e-mails, or whether Athleton+ posts notices on the Athleton+ App or communicates with you via e-mail. For contractual purposes, you
i. consent to receive communications from Athleton+ in an electronic form, and
ii. agree that all terms and conditions, agreements, notices, disclosures, and other communications that Athleton+ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.