Terms and conditions

Last update: 26/10/2018

GENERAL

1.1 SPACEFIT offers a monthly subscription to do unlimited targeted classes at the locations and times offered by SPACEFIT.

1.2 In order to use this website or any of the services offered, you consent to the collection, use and disclosure of such information about you, in accordance with the privacy policy of our service and data protection.

1.3 By using the website and app, you agree to abide by the terms and conditions, hereinafter “Terms” and be legally bound to them, whether or not you become a registered user of the services. These Terms govern your access and use of the page and services, as well as all the collective contents (defined below) and their participation in the reference program (defined below) and also constitute a binding contract between you and us .

WAYS TO COLLECT INFORMATION

2.1 We may collect and process the following information or personal data (information that may only be identified with you) about you:

2.1.1 Particular information necessary to register on the web or access other services provided by us, including your name, address, date of birth, gender and if you are a personal trainer, information about your training, experience, etc.

2.1.2 Your email address and password.

2.1.3 A phone number.

2.1.4 A record of all correspondence between you and us.

2.1.5 A record of any contact you have made or ads you have posted on the web.

2.1.6 Your responses to surveys and questionaries that can be used for research purposes.

2.1.7 The details of contacts made, including messages and clicks to the phone made through the web or any other way. No information of your credit card, debit card or bank account is currently stored .

2.1.8 Details of your visits to the web and the resources you have accessed. As well as the personal trainers you have seen and contacted.

2.1.9 Information we may ask of you when reporting a problem on the web

2.2 We only collect information when you choose to provide it.

2.3 Information is collected through various technologies and methods such as Internet Protocol (IP) addresses and cookies. These methods do not collect or store personal information.

2.4 An IP address is a number assigned to your computer through an internet server, so you can access the Internet. In general it is considered non-identifiable personal information.

2.5 We use the IP address to diagnose problems with our server, give aggregated information, and determine the fastest route for your computer to use to connect to our website, and to manage and improve the site.

PLACE OF OPERATION AND USE OF INFORMATION

3.1 Through this website, we provide an online platform through which the user can make a monthly subscription to access unlimited group classes at the locations and times offered by SPACEFIT.

3.2 Our services are solely for personal and non-commercial use. Therefore, it is not allowed to resell, make deep-links, use, copy, monitor (for example, spider, scrape), display, download or reproduce the content, information, software, products or services available in our site, for any commercial or competitive activity..

3.3 The information you provide can be use for:

3.3.1 If you are a user / client, we may send your information to the professional you have hired. If you are a professional, we can send your information to the client who has hired you. In addition, we may send your contact information to third parties directly related to us, such as: employees, collaborators (ambassadors, suppliers of sports equipment, training providers).

3.3.2 If we are under an obligation to disclose or share your personal information in order to comply with any legal obligation (for example, if required by a court order or for the purpose of fraud prevention or other crime).

3.3.3 Any user will be able to see the data that the personal trainers have published in the professional profile of the web. Among them, the phone number will be visible unless they fill in the box for the opposite to happen.

3.3.4 We can make use of the data published on the profile of the web, their social media and blog.

3.3.5 However, we will not disclose your personal information unless you give us permission to do so.

3.3.6 We will not sell your information to third parties or use it for any marketing operation with third parties.

COMPENSATION

You agree to release, defend, indemnify and hold SPACEFIT and its affiliates and subsidiaries and their representatives, officers, employees and agents against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the website, application, services, collective content or your breach of these Terms; (b) its membership content; (c) your (i) interaction with any member, or (ii) creating a profile; (d) the use, condition or service by you, including, without limitation, any injury, loss or damage (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of, a reservation or training, consultation or treatment, and (e) their participation in the reference program or their accumulation of europoints in the SPACEFIT program

You are participating in this activity at your own risk and agree to assume full responsibility for any damage or injury that may arise out of or result from your participation in said activity. Injuries may include, but are not limited to, heart attacks, death, muscle strains, pulls or tears, broken bones, shin splints, heat prostration, knee/lower back/foot injuries, and any other illness, soreness, or injury, however caused, occurring during, or after, your participation in the activity/program offered.

You fully understand that you may injure myself as a result of your participation in the above activity and acknowledge and understand that you are strongly encouraged to consult with my physician before participating in any fitness activity/program. To the best of my knowledge, you do not suffer from any condition that would prevent or limit your participation in the above activity/program and have not withheld any related information from SPACEFIT.

You hereby knowingly release SPACEFIT, its parent, affiliates, subsidiaries, directors, employees and agents, representatives, successors and assigns (the “Releasees”), from any and all claims, actions, losses, liability, demands, damages, and/or expenses of any kind or nature arising out of or in connection with my participation in this or any other activity. I am releasing and indemnifying the Releasees from any and all claims arising out of the negligence, fault or other conduct of Releasees.

You agree to hold the Releasees harmless from any and all claims, losses, liability, damages, actions and causes of action of any kind or character (“Claims”), arising out of or in connection with my attendance at any SPACEFIT-related event, regardless whether the Claims are foreseeable or unforeseeable.

You hereby grant SPACEFIT the non-exclusive and unrestricted right to use my name, photo, image, likeness and/or voice obtained through my attendance at the activity, without further compensation, unless prohibited by law.

PROTECTION OF DATA POLICY

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of phyical persons with regard to the processing of personal data and the free movement of such data (RGPD), as well as in compliance with the applicable national regulations on data protection, ENTRENARME, SL, domiciled at Calle San Vicente Mártir 71-4, 46007 Valencia as responsible for the file, the personal data information required as a result of the subscription in some of the services offered by the website, in the object of automated processing and in the attachments, in the necessary security levels, in the ownership of this company with the purpose of adapting commercial offers to their requests to be able to offer a more personalized and effective service. The delivery of the information requested is voluntary and its only consequence is not to receive the services offered. SPACEFIT is committed to safeguarding the personal data provided in accordance with the provisions of the law. Likewise, the reports on the possibility of exercising the rights of access, rectification, cancellation and opposition, to SPACEFIT by email to info@spacefitapp.com or in writing to San Vicente Mártir 71-4, 46007 Valencia.

TERMS OF USE OF THIS WEBSITE AND APP

By using this website, you agree to comply with the conditions set out below. These conditions affect both the natural person who uses this website and the company in which this person works and make use of the web on behalf of the company. This web and its content is property of SPACEFIT.

All graphic material that appears on this website (graphics, images, buttons, texts, etc.) is property of SPACEFIT and the use of this website should be purely informative, for consultation. At no time is allowed to divulge, copy or keep the material in any way. All Images are protected by international copyright laws.

All of the content on the website, which means, including but not limited to, the writings, photographs, graphics, pictures, icons, technology, software, links and audio-visual and sound content, as the graphic design and source codes, are intellectual property of SPACEFIT or third parties, rights to use the content may in no way be understood to be ceded to the website user of the rights of exploitation recognised by the current regulations in terms of intellectual property. The trademarks, commercial names or distinctive signs are also ownership of SPACEFIT or third parties, and accessing the web site cannot be understood to attribute any rights over these. The copy of any data on the website, whether it be total or partial, is not allowed. Any use of these opposed to what is established in this clause or the norms in terms of intellectual property, will be pursued according to current legislation. By accepting these use conditions, the User gives SPACEFIT, freely and on a non-exclusive basis, all of the right to exploit the writings, photographs, graphics, pictures, logos, icons and any other audio-visual and sound content that the User publishes or authorises to publish on the website. Such transfer will be understood to be for the worldwide network, without any limits, and for the maximum period of time planned by the Royal Legislative Decree 1/1996, from the 12th of April, approving the Restated Text of the Law on Intellectual Property, regularizing, clarifying and harmonizing and standardising the current legal provisions related to this matter. SPACEFIT can exploit the rights of copy, transformation, distribution and public communication of the content in the fullest extent permitted by law. The User, who affirms to have all intellectual and industrial property rights upon this said content, obliges themselves to undertake all claims or responsibility, including compensation for damages, that any third party could exercise against SPACEFIT for considering their rights to have been violated by any of the actions derived from the obligations that the User contracts with, directly or indirectly, through these Terms and Conditions. Furthermore, the User obliges themselves to leave SPACEFIT untouched in the case of any harm that they or any third party may suffer from as a consequence of the formalisation of the transfer of the rights regulated in this clause.

It is completely prohibited to save, retain or copy in any way, either digitally or physically, the images displayed on the web. Any use of these images is forbidden other than for consultation and visualization of our website. In no case can the images be used with commercial fines, only consider as an exception the citation of the source from the same ones

SPACEFIT reserves the right to cancel the licenses granted and / or licenses to the user if he does not accept the clauses of use of this website. SPACEFIT may limit or eliminate the possibility of access to the web and the user will be obliged to delete any graphic or material belonging to SPACEFIT .

SPACEFIT makes available to the customer and user the customer service for any communication you need through info@spacefitapp.com.

SPACEFIT reserves the rights to adapt and update the conditions of use. SPACEFIT does not guarantee the availability and continuity of the functioning of the website or of its services. When reasonably possible, SPACEFIT will notify any interruptions in the functioning of the website and its services. SPACEFIT does not guarantee the use of its website and services for the utility of any type of activity in particular, nor its infallibility, in particular, that the users can effectively use the website and the services, have access to the different pages that form the website or those that provide the services.

The data on the information sheet of each trainer or centre has been provided by that same professional , information of which SPACEFIT is not responsable for inaccuracies, mistakes or any other circumstance that does not reflect reality. Within the limits provided by the law, SPACEFIT does not take any responsability for the lack of truth, integrity, update and precision of data or information that is on the website. The Users’ access to the website does not oblige SPACEFIT to control the absence of viruses, worms or any other harmful software. It is up to the User to have the software tools to detect and desinfect hamrful software. SPACEFIT is not responsible for any harm caused to Users software or computer equipement or third parties during the use of the services offered by the website, the same goes for any damage which causes failures or disconnections of telecommunication networks that result in the suspension, cancellation or interruption of of the service of the website during the service or prior to this. In the case of any possible claim, fine, sentence or sanctions that come as a result of a breach of any of the obligations established in these Terms and Conditions on behalf of the User, the User must leave SPACEFIT untouched. SPACEFIT also reserves the right to seek damages that conform.

In the event that specific provisions of these General Conditions of Contract, or the contract concluded with the contracting party, are totally or partially ineffective, this will not affect the effectiveness of the rest of the contract. Spanish law is ruled out to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For contracts with merchants or businessmen Valencia is considered as a place of fulfillment and exclusive jurisdiction of the courts of Valencia. Likewise, the courts of Valencia will be competent if the domicile or habitual place of residence of the contracting party was not known at the time of filing of the application, or the latter did not have a domicile within the national territory (Spanish).

PROVISION OF SERVICES

On the plataform, SPACEFIT , professional services are offered. Only the respective professionals indicated are the only debtors of the services indicated in the services, which perform these services according to their respective General Conditions of Contract. SPACEFIT does not owe the performance of the services indicated in the services, but the purchase of the service gives the customer only a right to the professional to perform the service. For the use of the service, the following conditions of use are exclusively applicable.

Either by confirming the corresponding field in the order process, or if you make effective use of the service, the conditions of use of SPACEFIT will be accepted. In such case, You acknowledge that SPACEFIT considers the use of the service as recognition of the conditions of use. These conditions of use may be consulted, printed or recorded locally at any time under https://blog.spacefit.app/terms-conditions

PURCHASE POLICY

For the client:

SPACEFIT offers a monthly subscription that is renewed automatically every month. This subscription gives unlimited access to all classes offered by SPACEFIT in the city where you have registered. The user can also book up to 50% of their monthly classes in another city.

In case of unfavorable weather conditions, SPACEFIT reserves the right to cancel any class without prior notice.

If the client does not attend a reserved class or cancels the reservation with less than 6h, SPACEFIT reserves the right to apply a fine of up to € 5 per class canceled or not attended.

SPACEFIT is not responsible for the loss or theft of personal objects during the development of the classes.

The user agrees to appear on recordings and photographs that will take place in the classes and transfers his image for subsequent dissemination for advertising, commercial and educational purposes.

The user can unsubscribe from the subscription at any time from his cdashboard or by sending an email to info@spacefitapp.com.

INFORMATION ABOUT THE RIGHT OF REVOCATION

You as a consumer; being considered a professional that subscribes to our advertising plans, and not who contracts the services of the trainers announced here, may revoke the contractual statement of purchase of the service within seven days indicating the causes, communicating in writing (postal mail or electronic). The period begins after receipt of this information in the form of written text, but never before the receipt of the confirmation email by the recipient. In order for the revocation period to be considered fulfilled, it will suffice that the sending of the revocation or the coupon has had its exit punctually within that period. Once the service has been made in front of the trainer, the revocation is no longer possible.
Once the service has been made in front of the trainer, the revocation is no longer possible.
The revocation must be addressed to:

Entrenarme, S.L.
San Vicente Mártir 71-4
S39-5, 46005, Valencia.
Tel: 00442080689505

Consequences of revocation:
In the case of an effective revocation, the benefits received by both parties must be restored and, where appropriate, profits (ex: advantages of of use) must be delivered. The repayment obligations must be fulfilled within 30 days. The deadline starts with the delivery of your revocation declaration, and for us, with your receipt.

MODIFICATION

SPACEFIT reserves the right, in its sole discretion, to modify the page, application or services, or to alter these Terms, including the rates of the services, at any time and without prior notice. If we modify these Terms, we will post such modification on the page, or we will give notice of the modification. We will also update the “Last Updated Date” at the beginning of these Terms. By continuing to access or use the page, application or services as long as we have posted a modification on the page or through the application, or we have given notice of a modification, you indicate that you agree to be bound by the modified Terms. If you do not accept the modified Terms, your only option is to cease the use of the page, the application or the corresponding services.

COMPLETION AN CANCELLATION OF ACCOUNT

We may, at our sole discretion and without liability to you, with or without cause, with or without notice and at any time: (a) Terminate these Terms or your access to our website, application and services, and (b) Disable or cancel your SPACEFIT account. Upon termination, we will promptly pay you any amount that, in our sole discretion, we determine in a reasonable manner that we owe you and that we are legally liable to pay you. In the event that SPACEFIT rescinds these Terms, or accesses our website and services, or deactivates or cancels your SPACEFIT account, you will remain liable for all amounts owed so far. You can cancel your trainer account at any time by sending an email to info@spacefitapp.com. Please note that if your SPACEFIT account is canceled, we are not required to remove or return any content you have posted on the website, application and services, including any other criticism or commentary.

CONFLICT RESOLUTION

These conditions of use and your use of the website (as well as all non-contractual relations arising from the conditions of use and your use of the website and related to them) will be governed by and construed in accordance with Spanish law. It is subject to the exclusive jurisdiction of the Spanish courts to resolve any controversy that may arise from these Terms of Use.