when used in these terms with the initial letters capitalized, in addition to terms defined elsewhere in these terms, the following terms shall have the following meanings:
affiliates means any and all entities wherever incorporated which is a parent company, a subsidiary and/or an associated company.
fitness product means fitness entries, fitness sessions and any services executed and provided by the health centre.
fitness entry means access for the user to a health centre’s establishment and to certain services of that establishment.
fitness session means a specific service provided generally for a defined period of time (for example: coaching session, yoga session) without any additional service.
fitnow means nils courcy.
code means a qr or a digit code which, upon presentation at the relevant health centre grants you access to the purchased fitness product.
confidential information means all information disclosed by user to fitnow or by fitnow to user which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. notwithstanding the foregoing, confidential information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s confidential information.
data means all electronic data, text, messages or other materials submitted to the service by you in connection with your use of the service.
documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the service provided or made available by fitnow to you through the site or otherwise.
health centre means a service provider who offers fitness products in its establishments and who has entered into an agreement with fitnow to allow users to purchase these fitness products through the sales channel.
pack means several fitness products sold together.
third party services means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the service links to, or to which user may connect or enable in connection with the service, including, without limitation, certain third party services which may be integrated in the service.
released parties means fitnow, and its officers, directors, shareholders, employees, agents, and successors.
service(s) means any and all services provided by fitnow to user including but not limited to the use and access to the site, and tools such as software and any documentation. any new or modified features added to the service are also subject to these terms.
site means any and all websites and applications operated or owned by fitnow and/or its affiliates, including namely but not exclusively https://www.fitnowtogether.com/ and the fitnow app.
user, you, your means any individual or entity using the site and/or the services.
2.1 the service provides an access to a listing of services linked to fitness and health. through the service, the user has the opportunity to purchase fitness products provided by health centres. subject to the compliance with terms of this agreement, user has the right to access and use the portion of the service provided by aftership for free and with no subscription, as detailed on the site.
2.2 an internet connection is required for proper transmission of the service. user is responsible for procuring and maintaining the network connections that connect the network to the service, including, but not limited to, an internet subscription, a mobile subscription, “browser” software that supports protocols used by fitnow. fitnow is not responsible for any modification or compromise of data, including your data, caused by the transmission across computer networks or telecommunications facilities which are not owned, operated or controlled by fitnow. fitnow assumes no responsibility for the reliability or performance of any connections described in this section.
2.3 you agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the service available to any third party; (b) use the service to process data on behalf of any third party; (c) modify, adapt, or hack the service or otherwise attempt to gain unauthorized access to the service or related systems or networks; (d) falsely imply any association or partnership with fitnow; (e) use the service in any unlawful manner, including but not limited to violation of any person’s privacy rights and, production or sale of weapons; (f) use the service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the service in any manner that interferes with or disrupts the integrity or performance of the service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the site or the service; (j) use the service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory, encourages racism, intolerance, hate or physical harm against a person or a group, sexually exploiting, contains nudity, offensive objects or links to adult content; (k) use the service to knowingly post transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software (“malicious software”); (l) try to use, or use the service in violation of these terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other user through any means not purposely made available through the service; (n) probe, scan, or test the vulnerability of any system or network of fitnow or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by fitnow to protect the service or site (o) misrepresent yourself, your age or impersonate any other individual or entity; (p) use the service for commercial activities and/or sale, including but not limited to lotteries, bartering, or advertising.
2.4 the service is not available to individuals who are younger than 18 years old. you may not use the service if you are not of a legal age to form a binding contract and otherwise capable of entering into these terms. fitnow does not knowingly collect personally identifiable information from users under the age of 18. such users are expressly prohibited from submitting their personally identifiable information to fitnow; any information submitted by such users will not knowingly be used, posted, or retained by fitnow.
2.5 you is responsible for compliance with the provisions of these terms and for any and all activities that in connection with the service, as well as for your data. without limiting the foregoing, you are solely responsible for ensuring that use of the service to store and transmit your data is compliant with all applicable laws and regulations.
2.6 fitnow reserves the right, in fitnow’s discretion, to temporarily suspend your access to and use of the service: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the service caused by force majeure events or circumstances; (c) if fitnow suspects or detects any malicious software or file connected to your access to the service or use of the service by you; (d) for any other reason which fitnow deems reasonable.
3.1 subject to the express permissions of these terms, fitnow will protect your confidential information from unauthorized use, access or disclosure in the same manner as it protects its own confidential information, but with no less than reasonable care. except as otherwise expressly permitted pursuant to these terms, fitnow may only use the user’s confidential information solely to exercise its rights and perform its obligations under these terms and shall disclose such confidential information solely to those of its employees, representatives and agents who have a need to know such confidential information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such confidential information.
3.2 fitnow will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data.
3.3 you agree that fitnow and the service providers fitnow uses to assist in providing the service to you shall have the right to access your data and to use, modify, reproduce, distribute, display and disclose your data solely to the extent necessary to provide the service. any third party service providers fitnow utilizes will only be given access to your account and your data as is reasonably necessary to provide the service.
fitnow may also access or disclose information about your data and users in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect fitnow’s or its customers’ or partners’ rights or property, including enforcement of these terms or other policies associated with the service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
4.2 the trademarks including the mark fitnow® as shown on the site or the documentation are trademarks owned by fitnow (collectively, “fitnow trademarks”). unless otherwise provided by applicable laws or regulations, fitnow trademarks may not be used in any manner other than expressly authorized in a written agreement.
4.3 fitnow shall maintain all rights, title and interest in and to fitnow patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “intellectual property rights”). the rights granted to you to use the service under these terms do not convey any additional rights in the service, or in any intellectual property rights. fitnow shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the service or otherwise use any suggestions, enhancement requests, recommendations or other feedback fitnow receives from you. fitnow reserves all rights not expressly granted to you.
descriptions of the fitness products advertised on the service are provided by the health centre or other referenced third parties. fitnow does not investigate or vet health centres. fitnow is not responsible for any claims associated with the description of the fitness products. pricing relating to fitness products on the service may change at any time in fitnow’s sole discretion without notice.
certain fitness products in the service may require the health centre to have an up-to-date regulatory authorization, license, or certification. fitnow does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any health centre. you should make whatever investigation you deem necessary or appropriate before purchasing any fitness product to determine whether: (i) health centre is qualified to provide the advertised good or perform the advertised service; or (ii) the fitness product is of the care and quality required. health centre is solely responsible for the care and quality of the fitness products.
the service is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the site. although fitnow displays information about properties owned by health centres and facilitates reservations with certain health centres on the site, such actions do not in any way imply, suggest, or constitute fitnow’s sponsorship or approval of health centres. although you may purchase fitness products through the service, fitnow does not endorse or recommend the products or services of any health suppliers. you agree that fitnow is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on the service.
if you decide to enable, access or use third party services, be advised that your access and use of such third party services is governed by the terms and conditions of such third party services, and fitnow does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such third party services, including, without limitation, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such third party services handle data, including your data, or any interaction between you and the service provider. you irrevocably waive any claim against fitnow with respect to such third party services. fitnow is not liable for any damage or loss including namely but not exclusively personal injuries, death, property damage, or other damages or expenses caused or alleged to be caused by or in connection with your enablement, access or use of any third party services, or your reliance on the privacy practices, data security processes or other policies of such third party services.
5.3 the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of fitnow, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet in general. your interactions with organizations or individuals found on or through the service are solely between you and such organizations or individuals. you should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of the third parties providing third party services. you agree that fitnow is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.
5.4 if there is a dispute between users and any third party, you understand and agree that fitnow is under no obligation to become involved.
if a fitness product becomes unavailable between ordering and validation of the code, fitnow will either cancel or not process the order and will notify you by email.
fitnow does not guarantee that it offers best available rates or prices for the health centre’s’ services and does not guarantee against pricing errors. fitnow reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the service. if this occurs, fitnow will attempt to notify you by email. in addition, fitnow reserves the right, in its sole discretion, to correct any error in the stated retail price of the fitness product.
the user acknowledges that the advertised price at the time of purchase is final, notwithstanding any promotions, price reductions or any lower advertised price after the purchase.
unless otherwise provided by fitnow, prices include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, provincial, regional or national jurisdiction (collectively “taxes”).
if user pays by credit card, the service provides an interface for the account owner to insert or change credit card information. the user will receive a receipt for each confirmed payment. if user pays by credit card, user agrees that fitnow will use a third-party intermediary to manage credit card processing. the user acknowledges that communicating information regarding his or her bank card entails the authorisation to debit his or her account in favour of fitnow with the amount owed, inclusive of all taxes.
user accepts that the payment data entered into the site constitutes proof and acceptance of the purchase.
you can purchase fitness products through the site. upon purchase of a fitness product through the site, you will receive an email (‘confirmation email’) with the following purchase details:
upon presentation of the code in any establishment of the health centre, the health centre shall grant the customer an access to the purchased fitness product.
the purchased code will be sent to the user by email on the email address provided by user. the purchased code will also appear on the site.
the code remains redeemable for a period of two months from the date of purchase (‘period of validity’).
no more than one code may be redeemed per day, per user, and per health centre for the same fitness product. once validated within the period of validity, the user may use the fitness product beyond the period of validity, subject to the health centre’s conditions and until the fitness product is completely used.
from time to time, packs will be posted on the site, containing multiple fitness products. upon purchase of a pack, a single code will be sent to the user. to use this code, the user may validate this code a single time at the health centre..
the user acknowledges that certain fitness products require a reservation prior to using the fitness product purchased by the user. the necessary contact details will be communicated in the description of the fitness product on the site and in the confirmation email. if it is no longer possible to reserve at the desired moment, the health centre will propose an alternative solution. in the aforementioned case, the fitness product will not be refunded.
the user acknowledges that certain fitness products should be used within a certain period or are available at certain times. the necessary information will be communicated in the description of the fitness product on the site and in the confirmation email.
codes are not redeemable for cash. unless a specific exception is made, codes are not eligible for upgrades. a code is a revocable license and admission may be refused for violation of the health centre’s rules without refund, or for any or no reason upon refunding the amount paid.
unauthorized or unlawful reproduction, resale, modification, or trade of codes is prohibited. pricing relating to the fitness products on the service may change at any time in fitnow’s sole discretion, without notice.
you accept that a fitness product can be changed or replaced. in the aforementioned situation, the health centre will provide a service of identical or better quality in exchange for the codes purchased by you before any modification of the fitness product.
occasionally there may be an error or omission related to the pricing of advertised products. fitnow will use reasonable efforts to correct any pricing errors or omissions as soon as practicable after learning of them. fitnow reserves the right to change, modify, substitute, suspend, or remove without notice any pricing information related to fitness products for sale. if there was a pricing error or omission and you have already purchased a fitness product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will cancel your order and give you a refund; or (ii) if the actual price of the product is higher than the stated price, we may contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
while we work to ensure that the fitness product description and information on the service is correct, we cannot guarantee that fitness product descriptions are accurate or complete. all information is provided for informational purposes only and we encourage you to read all information presented that accompany the products before use and to consult the website of the health centre.
a refund is possible upon request of the user if a health centre closes temporarily or permanently. fitnow will refund the price of the relevant fitness product only if the code was purchased maximum two (2) months before the date of closure of the health centre, as communicated by the health centre.
a refund cancels the validity of a code and renders the code impossible to validate in the health centre. if the user uses or tries to redeem a code for which a refund has been requested and authorized, fitnow reserves the right to take all necessary measures to safeguard its rights.
a refund by fitnow is not possible after a code has been validated by a health centre. if a code was validated erroneously by a health centre, and no fitness product was provided, the health centre will contact fitnow on behalf of the user by email. fitnow will decide at its sole discretion if a refund is possible.
you have the right to notify fitnow that you wish to cancel an order, without penalty and without giving a reason, within fourteen (14) days following the date of order of a fitness product. to cancel an order, you must send the withdrawal form properly filled in (available below) to fitnow, or a non-ambiguous message stating his decision to withdraw from the purchase. the cancelled order may be refunded pursuant to this section 8.
complaints regarding the services should be sent to fitnow within 30 days following the order or validation of the code by email to firstname.lastname@example.org .
complaints regarding the fitness products should be directed to the relevant health centre.
you agree that use of the service is entirely at your own risk. the service is provided on an “as is” and “as available” basis, without any warranties of any kind. all warranties, express and implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly disclaimed to the fullest extent permitted by law. to the fullest extent permitted by law, the released parties disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of the service. to the fullest extent permitted by law, the released parties disclaim any warranties for third party services or goods received through the service or any links on the service. to the fullest extent permitted by law, the released parties disclaim any warranties bodily harm, viruses or other harmful components in connection with the service.
the released parties will have no liability for namely but not exclusively: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the service; (c) any unauthorized access to or use of fitnow servers or of any personal or financial information; (d) any interruption of transmission to or from the service; (e) any computer viruses or malicious code that may be transmitted on or through the service; or (f) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, e-mailed, transmitted, or otherwise made available on or through the service.
the released parties do not warrant, endorse, guarantee, or assume responsibility for any fitness product, third party product or service recommended, advertised, or offered on or through the service or any linked website.
as some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
please read this section carefully. this section limits fitnow’s liability to you for issues that may arise in connection with your use of the service. if you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this website.
fitnow makes no representations of any kind about the suitability of the information, software, products, and services contained on this service or any portion therof for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by fitnow. all such information, software, products, and services are provided “as is” without warranty of any kind. fitnow disclaims all warranties, conditions, or other terms of any kind that this service, its servers or any email sent from fitnow, are free of viruses or other harmful components. to the maximum extent permitted under applicable law fitnow hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions or terms of any kind as to merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.
fitnow also expressly disclaims any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the site content.
the third-party suppliers providing fitness products or fitness services or other services on this website are independent contractors and not agents or employees of fitnow. fitnow is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. fitnow has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
subject to the foregoing, you use this service at your own risk and in no event shall fitnow (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential lossses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this service or with the delay or inability to access, display or use this service (including, but not limited to, any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if fitnow has been advised of the possibility of such damages.
these terms and conditions and foregoing liablity disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law.
if fitnow is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then fitnow will in no event exceed, in the aggregate, the transaction fees paid by you to fitnow for the transaction(s) on this service giving rise to the claim.
the limitation of liability reflects the allocation of risk between the parties. the limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. the limitations of liability provided in these terms inure to the benefit of fitnow.
in some jurisdictions, some of the foregoing limitations may not apply.
fitnow will not be held liable for any delays or failure in performance of any part of the service, from any cause beyond fitnow’s reasonable control. this includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
367 avenue louise 1050 bruxelles, belgium.
to communicate a withdrawal of the purchase through the service, the user may fill in this withdrawal form and send it to email@example.com.
the withdrawal right is strictly reserved to “consumers” pursuant to article i.1.2° of the belgian economic law code and the relevant legislation of the european union.
to fitnow [geographical address and e-mail address]
i/we hereby give notice that i/we withdraw from my/our contract of sale of the following fitness product :
fitness product code received on:
name of consumer(s):
address of consumer(s):
signature of consumer(s) (only if this form is notified on paper),