Terms and Conditions

These Terms form a binding agreement between You and Gymtar, (“Gymtar”, “We”) that are accepted by You each time that You use or access the Gymtar website and relevant services (collectively “Services”). If You do not agree with these Terms, do not access or use the Services.

Gymtar reserves the right to update and change the Terms of Service from time to time without notice. We do encourage you to check on a regular basis this section in order to prevent misunderstandings. Any new features that augment or enhance the current Service, including the release of new functionality, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of this Agreement can be reviewed by clicking the “Terms of Service” link located on the Gymtar website.

Violation of any of the terms below could result in the suspension or termination of your Account. While Gymtar prohibits such conduct in relation to the Services and strives for removing materials and posted comments that may result in breach with the terms below, you understand and agree that Gymtar is not responsible for the Content posted on the Service by Yourself and other Users in sections such as the comment area, therefore You may nonetheless be exposed to such materials. You agree to use the Service at your own risk.

Extent of application

The terms of this agreement apply to anyone making use of Gymtar or Services including:

Account Terms

Users of Gymtar and all the relevant Services must be 18 years of age or older. For younger users, parental consent is required.

In jurisdictions where the age requirement for parental consent is higher than the above, it is whoever has the legal authority to care for the personal and property interests of another person to be held responsible to ensure that the necessary parental consent has gathered as required in your jurisdiction.

You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.

You are responsible for maintaining the privacy and security of your account. Therefore you are not allowed to share your access credentials with anyone, since this will be a breach in the contract.

Gymtar will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

The subscribing individuals or organizations are responsible for all content posted and activity that occurs under their accounts (even when content is posted by others who have somehow access to the account). Gymtar is committed to continually improving and enhancing the Services and, subject to any other written agreement you may have with Gymtar, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and Gymtar may cease providing the Services (or any specific features within the Services) to you or to users generally at Gymtar’s sole discretion, without prior notice to you.

You may stop using the Services at any time. We therefore ask you to contact Gymtar at privacy@gymtar.com to request the removal of your user account and deletion of any personal data (if required).

You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

Privacy

Our Privacy Policy is located at www.gymtar.com/privacy

Data Retention

In case of courses and material already purchased, data held in the Gymtar Website will be stored until you actively unsubscribe from the newsletter and any Gymtar Website, Services and sections.

Payment, Access, and Account Updates

You agree to pay Gymtar all the fees as determined and generated by your purchases. All fees will be billed on the grounds of the personal data You provided when setting up the account. You will also be responsible for the personal data and billing details provided, their veridical and genuine nature. We always invite you to update your contact, billing and personal details in the personal account section. Unless Gymtar and You expressly agree otherwise in writing, all fees are payable in United Kingdom Pound Sterling. You will also be responsible for all usage tax, sales tax, and other tariffs imposed on the Services.

Payments Policy

For your purchases, a valid credit or debit card is required. We will charge you depending on the items of your interest that you will decide to buy. The Service is billed based on the billing details provided by You.

Modifications to the Service and Fees

You alone are responsible for the proper cancellation of your account. You may cancel your account by contacting Gymtar support team at support@gymtar.com

Gymtar reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Gymtar may refuse service to anyone for any reason at any time.

Copyright and Ownership

Gymtar owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, videos, texts, teaching methods, the recognition system, artwork and enduser interface elements contained within the Service, many of the individual features, and the related documentation. Out various third-party partners retain the ownership of their own intellectual property and protectable content. You may not copy, modify, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any aspect of the Service owned by Gymtar or its partners.

By using the Service to send content, you agree that others, designated by the account owner, may view and share your content.

Gymtar does not pre-screen content, but Gymtar has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service

You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated (“content”) and that content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Gymtar or by the owners of that content, in a separate agreement.

You understand that by using the Services you may be exposed to content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Gymtar has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Gymtar may suffer) by doing so.

Any content you send or otherwise make available through use of the Services, including but not limited to, sending points, comments or messages, and redeeming rewards is done so at your own risk. Gymtar cannot control the actions of other users with whom you may choose to share any information and cannot and does not guarantee that content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own content and the consequences of posting or publishing it.

Non-Disclosure Agreement

Gymtar may disclose to you certain information that Gymtar considers confidential and/or proprietary (“Confidential Information”) including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be Gymtar

Confidential Information.

You shall not disclose and shall protect the Confidential Information of Gymtar and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties and/or competitors of Gymtar.

Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of You; (ii) was in the your lawful possession prior to the disclosure and was not obtained by You either directly or indirectly from Gymtar.

Third Party Sites

The Services may include hyperlinks to other websites or content or resources. Gymtar does not have control over any websites or resources that are provided by companies or persons other than Gymtar. You acknowledge and agree that Gymtar is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Gymtar is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Gymtar encourages you to be aware when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Refund Policy

You have a 14 day right to change your mind and get a full refund on your digital content. However, you do not have this right to cancel and get a refund, even a partial one, once a download or a streaming session has started from your account.

Downgrading or cancelling your Account will cause the loss of Content, features, or capacity of your Account. Gymtar does not accept any liability for such loss.

Warranties and Limitations

Gymtar does not warrant that (a) the service will meet your expectations, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your specifications, and (v) any errors in the Service will be corrected. You expressly understand and agree that Gymtar shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.

The failure of Gymtar to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Gymtar and govern your use of the Service, superseding any prior agreements between you and Gymtar (including, but not limited to, any prior versions of the Terms of Service).

Indemnification

You agree to indemnify, defend and hold harmless Gymtar, its affiliates, officers, directors, shareholders, employees, consultants, agents, suppliers, and sales partners throughout the world from any and all third party claims, liability, damages, losses and/or costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your use of the Gymtar, your violation of these Terms of Service or the infringement or violation by You or any other authorized user of your account, of any intellectual property relating to the Service (including without limitation your user content) or other right of any person or entity.

Trademarks

The Gymtar logo and “Gymtar” and registered Gymtar’s trademarks. The absence of a name, logo, or trademark symbol in this list does not constitute a waiver of any and all intellectual property rights that Gymtar has established in any of their product, feature, or service names or logos.