Partners: All the service providers that include Gym/Studios, Trainers, Nutritionist
Product: Passes for entrance into Partner Venues however Fitviu App may from time to time sell other product as to which the following terms and conditions apply.
Booking of trainer either from the gym or freelance, group classes and nutritionist all payment are done through the app.
General Introduction: These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website or the app. Using the Website or the app implies that you accept these terms. We do occasionally update these terms so please refer to them in the future.
Fitviu App acts as Principal and as a Disclosed Agent for third party suppliers. When Fitviu App is acting as a Disclosed Agent this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. Where we act as a Disclosed Agent, this will mean that we have no contractual liability to you in respect of that product. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law. On the other hand, for other Partners, we act as Principal. This means that the contract for the product is between you and us. We will always let you know where we act as Principal and where we act as a Disclosed Agent.
Fitviu may change this policy occasionally by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
- OUR PRIVACY PROMISE
12 We promise to keep your data safe and private. We promise not to sell your data and to give you ways to manage and review your marketing choices at any time.
- WHEN WE COLLECT INFORMATION ABOUT YOU
- WHAT INFORMATION WE COLLECT ABOUT YOU AS A FITVIU APP CUSTOMER
The type of information we may collect includes:
Contact information: email address and telephone number, and name and number of your designated emergency contact
Location information: postcode and IP address and Latitude, Longitude when allowing location on the app
Date of Birth
Health information (provided upon completion of your health questionnaire during your first purchase).
Details of the device used to purchase or contact us.
Facebook User ID if you created a Fitviu App account using Facebook.
Your marketing communication preferences./p>
Details of your previous visits to the website or app including your purchase.
Other information relevant to customer surveys and/or offers or competitions.
Information connected with reviews you leave on our website or app.
Body analysis through the Bluetooth scale after registering.
31 At the point of purchase our website or app requests card details or payment method. These details are stored differently based on the payment method:
32 When paying by card the following details are sent directly to our secure Third Party Payment Gateway Company (I pay Africa)without these details being stored by ourselves:
Our payment gateway will return a token to us - a randomly looking combination of letters and numbers - which we store, to display the previously used card type and last 4 numbers at future purchases, in addition this token allows us to charge the card without storing the card details itself.
- WHAT INFORMATION WE COLLECT ABOUT YOU AS A PARTNER
39 Where an individual has provided their personal details as contact information for their business we may collect the following personal data:
Contact information: email address and telephone number(s).
Details of the device used to contact us.
Details of your previous visits to the website or app.
Other information relevant to operator surveys.
- WHAT WE DO WITH YOUR PERSONAL INFORMATION
46 Fitviu App will use your personal information for a number of different purposes, which are listed below, along with which of the reasons we rely on to do so.
Providing the functionality of our platform
We engage in these activities to manage our contractual relationship with you.
To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
To ensure that our website functions properly and is optimized for your computer or device and to store your preferences and settings.
To enable you to register for our services and to verify your identity and authority to use our services.
To allow you to make use of the services we provide
54 We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, because we have a legitimate interest, or with your consent.
For registering your account with Fitviu App and fulfilling your orders
To verify your identity and health prior to gaining access to any of the venues listed on the site
To ensure that you receive the details required to be able to access the gyms, trainers, group class, nutritionist or venues listed on the site
To send information to you regarding changes to gyms, trainer group class, nutritionist or venues you have previously purchased passes for
To share marketing communications that we believe may be of interest to you
61 We engage in this activity with your consent, or where users have actively purchased or registered on the Fitviu App website within the six months leading up to 25/05/2018, on the basis of legitimate interest.
63 To send promotional emails regarding new products, special offers, community posts, new website features and improvements, new venues or services available, and/or to contact you by text message regarding certain services or information you have requested. You can opt out of marketing at any time by updating your communication preferences available in the Settings section of your Fitviu App account
For market research purposes, including the customization of the website according to your interests. We may contact you by email, phone or mail.
Accomplishing our business purposes
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, because we have a legitimate interest, or with your consent.
For data analysis, for example, to improve the efficiency of our services and the platform.
For fraud and security monitoring purposes, for example, to detect and prevent cyber-attacks or attempts to commit identity theft, and enhancing the safety on our website and app.
For developing new products, features or services and for enhancing, improving or modifying our platform and your onsite experience
For identifying usage trends, for example, understanding which parts of our platform are of most interest to users.
For operating and expanding our business activities, for example, understanding which parts of our platform are of most interest to our users so we can focus our energies on meeting our users’ interests.
For legal compliance. In rare circumstances, we may have to use and disclose information we have about our users in order to exercise or protect legal rights or defend against legal claims under applicable law.
For customer service and incident resolution purposes
To process billing and payments
Analysis of personal information for business reporting and providing personalized services
We engage in the activities because we have a legitimate interest
We may provide personalized content on the website or on marketing channels dependent on your personal details and preferences
For internal record-keeping purposes, operations and analysis
We may use your location information to ensure the gym coverage on the website matches customer demand
83 To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you in order to improve the service and marketing that you receive from Fitviu App.
- WHO WE SHARE YOUR INFORMATION WITH
Selected personal information including your name, emergency contact details and health questionnaire responses will be made available to any gym Partner whose venues you visit for the following purposes:
Emergency Contact Details: for the sole purpose of contacting your nominated contact in the event of an emergency.
Your Name: for verifying your identification upon arrival at the venue.
Your Health Questionnaire Information: a contractual requirement from our gym partners to ensure customers are fit and well to use their facilities.
Third Party Service Providers
In order to provide our service, we may need to provide your information to our trusted third party service provider, for example:
Our technology service providers used for the functioning of our platform
Our customer service platform providers so you can interact with our customer service team
Our marketing, sales and market/customer research service providers, including our referral scheme partner and CRM tools
Our payment and fraud prevention and detection service providers
Our analytical service providers who provide us with business analysis to understand our customers and gym partners better.
If you would like further information on the specific service providers we share your information with, please do contact us on info@Fitviu.com.
Unless otherwise described in this Policy, we may also share the information that we collect from you through the website with affiliates, agents, contractors, employees, and other service providers, and also according to law, at the request of a law enforcement agency or in compliance with any court order.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions or where there is any change of control of Fitviu App, personal information may be among the transferred assets.
We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so or it is required for the provision of our services as detailed above. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Data security is of great importance to us. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected via this website or app.
- LINKS TO OTHER WEBSITES
- COOKIES AND TRACKING
When you visit Fitviu.com or any websites related to Fitviu App you may notice some cookies that aren't related to Fitviu App itself. We don't control the setting of these cookies and we suggest you check the third-party websites for more information about their cookies and how to manage them.
Some of the business partners that may set cookies on Fitviu App.com and it’s related websites include:
Bing Ads, Facebook Ads, Google Adwords, Hubspot, Google Tag Manager, Mention Me, TV Squared, Affiliate Window Track our advertising, marketing and referral activity and performance. We use the information collected by these cookies to help us determine where our ads, marketing and referral activity will be most effective both online and offline and to improve our ad targeting.
Facebook Connect Allow registration and use of our website using a Facebook account.
Google Analytics, Convert, Mouseflow, New Relic, Qualaroo, Polldaddy, Survey Monkey These platforms collect data that helps us understand how our website performs and how customers enter, navigate and use our website to further improve our customer experience.
Pay Africa Our payment providers may set cookies to identify devices or other information about the user for the purpose of detecting and preventing fraud.
Zendesk / Zopim Functioning of the Customer Support Chat application used on our site.
10: YOUR RIGHTS
The following is a list of the rights you have under Data Protection legislation. Not all these rights apply in all circumstances.
The Right to be Informed
You have the right to be informed in a concise, transparent, intelligible, and easily accessible way about how we use your personal information.
The Right of Access
You can make what is called a subject access request for a copy of the information we hold about you.
The Right to Rectification or Correction
You have the right to have inaccurate information corrected and incomplete information completed. If the information we need to deliver our services to you changes, please tell us about this as soon as possible. If you would like to review, correct or update personal information that has been previously provided to us by you, you may log in to your account, click on “Settings” and update your information. For example, if you would like to change your email address or phone number.
The Right to Restrict Processing
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by Fitviu App you may withdraw your consent at any time by sending a communication to Fitviu App specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether the legitimate grounds of Fitviu App override your own.
The Right to Data Portability
You have the right in some circumstances to have the data you have provided to us sent to you or provided to another person or business in an electronic machine-readable format.
A copy of the information you have provided us with will be available for download in your Fitviu App Account
The Right to Object
You will normally have the right to object to how we intend to use your information based on your individual circumstances. You have an absolute right to object to us using your personal information for the purpose of direct marketing at any time. You can update your communication preferences in your Fitviu App Account at any time.
Rights in Relation to Automated Decision Making and Profiling
You are entitled to require Fitviu App not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Fitviu App will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
The Right to Erasure
We generally retain your personal information for a period of 3 years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations).
You have a right to have some or all of the information we hold about you erased in some circumstances. This is known as the right to be forgotten. If you no longer want us to keep your information, you can request that we erase your personal information and close your Fitviu App Account. If you have objected or complained about how we have used your information or its accuracy you may not want it to be deleted until your complaint has been resolved. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Fitviu App Account for fraud or due to an ongoing criminal investigation at one of our partner venues, we may retain certain information from that Account to prevent that user from opening a new Fitviu App Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
Additionally, some copies of your information (e.g. purchase records) may remain in our database but are disassociated from personal identifiers.
If you want to exercise any of your rights, please contact the Data Protection Officer on info@Fitviu.com (FAO Data Protection Officer) and we will act upon your request within 1 calendar month. Please note that we will only be able to accept a request from the email address the account in question is registered to. If you no longer have access to this email address, we will need you to verify your identity once the request has been received, the 1 month actionable period will start from the date your identity has been successfully verified.
11: MAKING A COMPLAINT
146 Please let us know if you are unhappy with how we have used your personal information. We would always appreciate the opportunity to resolve your complaint for you in the first instance. You can contact us by emailing info@Fitviu.com. You also have the right to complain to the regulator and to lodge an appeal if you are not happy with the outcome of a complaint.
You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.
USE OF WEBSITE
You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
Subject to paragraph 2, no part of this Website may be reproduced without our prior written permission.
Customer are allowed to create one account only on Fitviu App. We reserve the right to close all the accounts of any user that is suspected of creating multiple account to take advantage of promotions or referral offers.
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
WEBSITE VISITOR CONDUCT
When using this website you shall not post or send to or from this Website any material:
for which you have not obtained all necessary consents;
that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.
VENUE VISITOR CONDUCT
We reserve the right to permanently suspend any user on the grounds of behavior that we or our Partners, in good faith, deem at our mutual or sole discretion to be threatening, abusive or antisocial in any way. We operate a 'banned from one, banned from all policy' whereby if you are permanently suspended from one venue within the Fitviu App network you may be banned from all.
Please also note that whenever you present your Pass Code for redemption at a venue you are agreeing to accept and abide by the terms and conditions of use governing that venue (which can be requested from the venue on arrival as required). Therefore any breach of venue-specific terms and conditions may result in a ban from all venues on the Fitviu App platform.
We will always respect our Partners right to refuse entry to any guest who does not comply with their terms and conditions.
LINKS TO AND FROM OTHER WEBSITES
Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
EXCLUSION OF LIABILITY
When you exchange a pass for entrance to any of our Partner’s premises within the Fitviu App programme, Fitviu App, its officers, agents and/or consultants have no liability whatsoever in contract, tort, or otherwise for your acts, omissions or opinions and is in no way responsible for the behavior or within any of the Partner’s premises. This means that Fitviu App is in no way liable or responsible for your health and safety at any time.
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of Kenya
A ' Pass Code ' is a unique QR code purchased by you and only applies to and is valid to be redeemed at ‘Partner Venues’ for entrance to their facilities. On arrival you will be required to present your Pass Code for redemption and in doing so you agree to accept and abide by the terms & conditions of use governing that venue which can be requested from the venue on arrival as required.
Please note that we recommend all of our gym Partners request that you provide them with proof of identity on arrival at the gym in order to ensure you are the purchaser of the Pass Code. Acceptable forms of identification typically include passport, driving licence, ID card etc. However, please read the venue description carefully as a small number of venues will insist on photographic ID only. Where this is the case we include a note to this effect on the venue description.
Please note that each Pass Code you purchase will only grant you access to a venue. You may not share your codes with others, or purchase codes on behalf of someone else. If you cannot provide ID which matches the Pass Code purchaser details then you will be prevented from accessing venues.
When using Fitviu App services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
DAY PASS. All One Day Passes are valid for one single entrance to the gym it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked ‘Expired’ in the ‘My Account’ section. You may refund an unused One Day Pass at any point during its 30 day validity period. Refunds for One Day Passes are in the form of bonus credit, which can be used to purchase any of the products on our website, and will be valid for 30 days from the date of the refund. Once used, a One Day Pass may not be refunded.
A One Day Pass purchased with bonus credit can be refunded, however the bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used. A One Day Pass purchased with a ‘First Pass Free’ promotion can be cancelled but no funds will be transferred back into the registered user’s account.
MINIMUM AGE TO PURCHASE A PASS
You have to be aged 16 years or above to purchase a pass. However some of our Partners allow parents and other legal guardians to purchase passes to be used at Partner gyms for children under 16 in their care. This is most likely to be the case for Local Leisure Centre facilities where swimming passes are available. As it is entirely under the discretion of the gym you are advised to check with the Partner that you intend to visit if you would like to purchase a pass for children less than 16 years of age. Some of our Partners do require customers to be at least 18 years of age in order to purchase a pass, this will be made clear at time of booking.
VOUCHERS, DISCOUNTS AND PROMOTIONS
We do from time to time, we make vouchers and discounts available through affiliate websites or email promotions. Where applicable, the expiry date and validity period of a voucher or discount will be stated in any communications from us. We cannot guarantee the validity of voucher codes or discounts on websites not endorsed by ourselves. Vouchers and discounts will vary in their validity of use towards different passes.
Vouchers and discounts cannot be used in conjunction with one another, unless explicitly stated – where a second voucher is applied to an account, the original voucher will be overwritten and its discount will be lost. Vouchers are non-transferrable and have no cash value. Placing a voucher for sale is strictly prohibited and will ensue in the voucher being made void.
To redeem a voucher, you must present the code at checkout, or through the voucher section of ‘My Account’ prior to checkout. Where the voucher, discount or promotion takes the form of bonus credit (including bonus credit received in return for leaving feedback), unless otherwise stated, once added to an account the bonus credit will be valid for 30 days.
Fitviu App reserves the right to reject a voucher with reasonable cause, and to withdraw any offer at any time without warning.
FRIEND REFERRAL SCHEME
REFERRER REWARDS The referrer is offered £10 off for each friend who orders for the first time. This offer can be shared for 6 months from the date of acceptance by the referrer. In order for the referral to qualify for the reward the referred friend must be a new customer to Fitviu App and over the age of 16 and the referred friend must meet the conditions of their reward. There is no requirement for the referrer to be an existing Fitviu App customer. In order to share this offer the referrer must be over the age of 16. Rewards will be cumulative and so if multiple qualifying referrals are made to Fitviu App, multiple rewards will be delivered to the referrer, subject to a limit: a Referrer may not earn more than 5 within any 24 hour period or 25 within last 12 months or 1500 GBP of reward value within last 12 months. Rewards will be delivered to the referrer on the day of the referred friend's purchase provided the referred friend's purchase is not cancelled. The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned. Rewards will be valid to add to a Fitviu App account for 3 months from the date earned by the referrer. Once added to a Fitviu App account, rewards will be valid for 30 days. Referral rewards cannot be combined with other discount codes in a single order.
REFERRED FRIEND REWARDS The Referred friend is offered 50% off when they complete their first pass purchase. The reward is valid for 3 months from the point of issue to the referred friend. In order to qualify for the reward the referred friend must be a new customer to Fitviu App and over the age of 16. Any rewards will be revoked if a refund is requested on the order for which the reward was offered. The Referred friend reward cannot be claimed by the same person making the referral. Referred friend rewards cannot be combined with other discount codes in a single order. The reward is valid for one pass purchase only – it is not valid for multiple months of a subscription pass, or for multiple passes purchased in the same transaction. Only new customers can be referred. To qualify, a user must have registered less than 3 days ago and have taken no actions on their account. Customers are only permitted to create one account on Fitviu App. We reserve the right to close all the accounts of any user that is suspected of creating multiple to take advantage of promotions or referral offers.
Fitviu App reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time. Fitviu App reserves the right to vary all elements of this offer at any time without notice.
We incentivize users to leave feedback for their gym visits. Feedback must be useful, original, and inoffensive to be approved. If it does not meet these criteria, or for any other reason we do not think that it should be made available on the website, Fitviu App may reject the feedback and this will not count towards your feedback bonus credit. For each 5 pieces of approved feedback, the user will receive £5 bonus credit. This credit will be valid on a user's account for 30 days once applied.
You will be notified via email if your feedback has been rejected, and you will have the opportunity to leave any rejected feedback again.
Feedback will be processed within 3 days of it being left by the user. If it is not showing on the website within this time, it might have been sent to the Partner to request their response. We give partners 3 days to respond to feedback, before it automatically is set to live on the website.
The visits available to leave feedback for will be visible in a user’s account. Feedback can be left for every visit with a Day Pass, and every first, fifth, tenth visit
Fitviu App reserves the right to change or remove this promotion at any time, without notification.
CONTACTING FITVIU APP
211 You can contact the Fitviu App team at email@example.com and we will make every effort to reply to your query within 24 hours of receiving your e-mail. We really appreciate any feedback so please do not hesitate to contact us.
Alternatively, you can write to us at:
The oval,4th floor, ring road, Westland’s
P.O.box 1410-00606, Nairobi
We welcome any feedback, comments or complaints.
This Legal Notice shall be governed by and construed in accordance with English law. The English courts shall have exclusive jurisdictions to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
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