Privacy Policy
Please read these terms carefully before accessing or using the services.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and InMyGym. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
InMyGym may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where InMyGym reasonably suspects that you have, or are likely to, breach these Terms; and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of InMyGym and its affiliates, to access and use the Services. InMyGym may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof: immediately, where InMyGym reasonably suspects that: you have, or are likely to, materially breach these Terms; and/or you do not, or are likely not to, qualify, under applicable law or the standards and policies of InMyGym and its affiliates, to access and use the Services; or on 30 days' written notice to you, where InMyGym, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason. Without limiting its other rights under these Terms, InMyGym may immediately restrict or deactivate your access to the Services if you breach the Community Guidelines at any time. You may terminate these Terms at any time, for any reason. InMyGym may amend the any policies or supplemental terms (including the Community Guidelines) related to the Services from time to time. InMyGym will provide you with at least 30 days' written notice in the event of a material change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon InMyGym posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Modification to terms of use and/or privacy policy
InMyGym reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and InMyGym will post the amended Terms at the domain of www.inmygym.com. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the website ("https://www.inmygym.com ") or Applications (as defined below) following the date that amendments to the Terms of Use take effect will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the UC Platform.
Privacy Policy
InMyGym has established a Privacy Policy that explains to users how their personal information is collected and used.
The Privacy Policy contains information about how users may seek access to and correction of their personal information held by InMyGym and how they may make a privacy complaint.
The Privacy Policy is hereby incorporated into the Terms of Use set forth herein. Your use of this Website and/ or the Applications is governed by the Privacy Policy.
InMyGym may disclose users’ personal information to third parties. InMyGym may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. InMyGym may also provide to a law enforcement agency, statutory body, governmental agency and/or investigative agency any necessary information (including your contact information) if required by law or in furtherance of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
The Services
InMyGym will provide the Services to you under this Agreement. The Services constitute the provision of a technology platform that enables you, as a user of InMyGym mobile application or Website to: (a) arrange and schedule home-based services with independent third party providers of those services, who have an agreement with InMyGym more its affiliates (“ Third Party Providers”); and (b) facilitate payments to Third Party Providers for the services and receive receipts for those payments.The Services are made available solely for your personal, non-commercial use, unless InMyGym has agreed with you otherwise in a separate agreement. You acknowledge that InMyGym does not provide home-based services and that all such home-based services are provided by independent third party contractors who are not employed by InMyGym or any of its affiliates. InMyGym accepts liability for the Services and the UC Platform that it provides to you subject to these Terms. Third Party Providers are responsible for the services they provide to you.
Licence
Subject to your compliance with these Terms, InMyGym grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the UC Platform on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by InMyGym.
Restrictions
You may not:
(i) Remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by InMyGym.
(iii) Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) Link to, mirror or frame any portion of the Services;
(v) Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
(vi) Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
The Services may be made available or accessed in connection with third party services and content (including advertising) that InMyGym does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. InMyGym does not endorse such third party services and content and in no event shall InMyGym be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc.,and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android - powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Your use of the services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to InMyGym certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by InMyGym in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
No Discrimination
InMyGym prohibits discrimination against Third Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the InMyGym platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
Messaging
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from InMyGym at any time by informing InMyGym of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Disclaimers; Limitation of Liability; Indemnity.
Limitation subject to local consumer law
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including the relevant consumer law legislation.
Disclaimer except as required of InMyGym under the consumer guarantees, the services are provided "as is" and “as available.” InMyGym disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. InMyGym does not guarantee the quality, suitability, safety or ability of third party providers. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law, including the relevant consumer law legislation.
Limitation of liability. if you are acquiring the services as a consumer, InMyGym liability for a failure to comply with a consumer guarantee is limited to: in the case of services supplied to you as part of the services under this agreement, the supply of the relevant services again, or the payment of the cost of resupplying the services.
InMyGym liability to you for a breach of any condition, warranty or term of this agreement that is not a breach of a consumer guarantee is limited in the following way: InMyGym shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if InMyGym has been advised of the possibility of such damages. InMyGym shall not be liable for any damages, liability or losses arising out of:
(i) your use of or reliance on the services or your inability to access or use the services; or
(ii) any transaction or relationship between you and any third party provider, even if InMyGym has been advised of the possibility of such damages. inmygym shall not be liable for delay or failure in performance resulting from causes beyond InMyGym company’s reasonable control.
InMyGym services may be used by you to request and schedule home-based services with third party providers, but you agree that InMyGym has no responsibility or liability to you related to any home-based services provided to you by third party providers other than as expressly set forth in these terms.
InMyGym will maintain a complaints management framework, and will manage this framework on behalf of third party providers, in a reasonable way and in accordance with the non-excludable requirements of the relevant consumer law legislation.
Not with standing anything contained in these terms, InMyGym company will not be deemed to be in default or be responsible for delays or failures in performance resulting from acts beyond the reasonable control of InMyGym. such acts shall include but not be limited to acts of god, riots, acts of war, epidemics, pandemics, trade embargoes, fire, typhoons, earthquakes, other natural disasters, etc.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the relevant consumer law legislation.
You agree to indemnify and hold InMyGym and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the services;
(ii) your breach or violation of any of these Terms
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