Terms of Service

Contact Us talktous@meetjym.com| Terms of Use | Privacy Policy | Cookies Policy

HOMEFEATURESHOW IT WORKSPRICINGBLOGFAQ'S

Introduction

 

Jamify LLP (“Meet Jym” or “we”) welcomes you and we invite you to access and use our services as described below (the “Services”) on the terms set out herein.

 

Our Services are available to you through our website, www.meetjym.com (the “Website”) and through our Meet Jym mobile application (the “App”, “Software”, “Services”, “Application” and together with the Website, the “Platform”). The Website and the App are the sole property of and operated by Meet Jym, which is a mobile app product of Jamify LLP.

 

These terms of service, as may be amended from time to time, (“Terms of Service”) govern the access or use by you of the Services provided by us. It is important that you read these Terms of Service, as well as our privacy policy ("Privacy Policy") which can be found on the Website, carefully before accessing or using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms of Service and the Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you may not access or use the Services under any circumstances.

 

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 Service(s). Any supplemental terms are in addition to, and shall be deemed a part of, these Terms of Services for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms of Service in the event of a conflict with respect to the applicable Service(s).

 

These Terms of Service expressly supersede any prior agreements or arrangements we have with you. Meet Jym may immediately terminate these Terms of Service with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. We reserve the right to change these Terms of Service (or our Privacy Policy) from time to time. If we do so, we will send you an email to let you know about any changes.

 

In these Terms of Service, the words "including" and "include" mean "including, but not limited to". The headings used in the Terms of Service do not affect its interpretation.

Description of Meet Jym Services

 

Meet Jym is a network that enables registered users to improve their fitness by connecting health professionals with their Clients through the Platform. Meet Jym will provide users with the ability to connect with a trainer who will create personalized workouts, taking into account their fitness level, available facilities, and desired goals, by providing graduated exercise plans through the Platform. Registered users of the Platform may (a) execute transactions for goods and services, such as fitness instructional programs; (b) sign up for alerts and other notifications; and (c) post reviews, and other content. The Service is a platform for enabling connections between individuals ("Clients") and health professional Trainers ("Trainers"). Clients are individuals seeking to obtain physical lifestyle services (“Programs”, “deals”) from Trainers, and are therefore Clients of Trainers. Clients and Trainers who use our Services on the Platform are together are referred to in these Terms of Service as “Registered Users.” Clients request the services which they would like performed by a Trainer in the local area or remotely who is willing to perform and create their program for them.

 

We are under no obligation to accept any individual as a Registered User, and may accept or reject any Registered User in our sole and complete discretion. You acknowledge that Meet Jym does not provide medical advice/ training programs/ diet plans/ workout plans or any services that effect physical or mental health. Meet Jym simply serves as a platform to connect health professionals to consumers known as clients or registered users.

 

Clients and Trainers can register for a free account. When you sign-up we may ask you to enter some personal data. For information on how we use your personal data see our Privacy Policy. You are responsible for keeping your username and password secure and for ensuring that your e-mail address and other account details are correct and up-to-date. Meet Jym can never be responsible for any damages etc. resulting from any unauthorised use of your username/password, with or without your knowledge. You must promptly notify us at admin@meetjym.com if you discover any unauthorized use of your account.

 

When Clients use the Service they may be asked to enter additional information about your overall health and your health goals. You decide what information you enter and what not, if you leave out any information which you should have included this is done at your own risk, you are responsible for showing full transparency and any results that prevail as a result of the information you disclose. Such information may include:
 

·       What are your current goals,

·       Do you have any health issues/medical conditions

·       Describe your current training program

·       Describe your current nutritional intake

·       Describe your current cardio training

·       Describe your current supplement intake

 

Additional data used in the Meet Jym service includes but is not limited to: date of birth, gender, height, weight, fitness goal, past sports activities, past injuries, location, third party payment information, progress pictures, weights lifted including repetitions/sets, dietary information, lifestyle patterns (nutrition patterns, sleep patterns, hobbies, working hours, time to exercise) and any/all information which is clearly identified in the Meet Jym Privacy Policy. Furthermore, Meet Jym provides a tracking service which tracks your workout and/or nutritional data. Meet Jym provides you with a set of tools to easily enter and amend your data. You are responsible for the data you enter (including but not limited to the correctness and accuracy thereof). If your mental or physical health circumstances change since when you first enter them you must inform the Personal Trainer with immediate effect. This includes any and all information specified in the Terms of Use and Privacy Policy that is required in order for you to carry out your training program. Failure to do so may invalidate your training program or possibly entitle you to a refund. You agree that Meet Jym cannot be held responsible in any way for your failure to update your trainer and/or Meet Jym for a change in your physical and mental situation as specified above. If there is a change you must stop using Meet Jym immediately and consult a certified doctor. Meet Jym will not be held responsible for your use of the service at any time under every circumstance which may or may not change.

 

Based on all the (additional) information you enter, your connected Trainer can create a personal health program (which may entail work-out, nutritional and lifestyle recommendations). Your progress will be made visible to the people you choose to connect and share with. Meet Jym may offer you services that will allow you and your connected contacts to be better informed and provide each other with coaching, stimulation and motivation in any shape or form.

 

Meet Jym does not take part in the interaction between Users in relation to the Service (other than to try to facilitate fulfilment of deals/programs) and is not responsible for the performance of contracts by Users. Meet Jym has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the deals, diets, workout programs and the way they are carried out, or of any ratings provided by Users with respect to each other, requests by Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users, and Meet Jym gives no assurances requested and provided by Users identified through the Service whether in public, private, or offline interactions, this includes but is not limited to the suitability, reliability, timeliness, or accuracy of the diets, deals, workout programs or any other fitness related information which may result from the deal purchased from the Trainer. Because Meet Jym is not involved in the actual contract between Clients and Trainers, if you have a dispute with one or more Users, you release Meet Jym from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes, including by way of joining Meet Jym as a defendant in any claim. Meet Jym expressly disclaims any liability that may arise between Users of its Services.

 

PLEASE BE AWARE THAT THE SERVICE THE TRAINER PROVIDES YOU VIA MEET JYM'S PLATFORM WILL LIKELY BE GENERATED ON THE BASIS OF YOUR INPUT AND GENERIC INFORMATION CONTAINED IN OUR PLATFORM. THEREFORE IT MIGHT NOT ALWAYS BE CORRECT AND/OR SUITABLE FOR YOUR PERSONAL SITUATION. MEET JYM IS NOT RESPONSIBLE FOR ANY DAMAGES YOU MIGHT INCUR BY USING OUR SERVICE. MEET JYM AND/OR DISCLAIMS ALL LIABILITY AND GIVES NO WARRANTIES OF ANY KIND.

Medical

 

Before starting any new diet and exercise program please check with your doctor and clear any exercise and/or diet changes with them before starting the use of Meet Jym. By continuing with the use of the app in any way you agree that you have spoken to your qualified doctor, physician, and nutritionist and they have given you permission to carry out the physical exercises and diet plans as provided by your trainer.

 

You may only use or access the Services on the Platform if you are over the age of 18 years old. The Services are designed and intended for adult use. It is your responsibility to evaluate the usefulness of the Services and any exercises recommended by the Trainers you are connected to therein, in light of your personal fitness level, medical history and physical limitations. You must consult your physician before engaging in any of the exercises to determine whether they are appropriate for your age and stage of physical development.

 

Meet Jym reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions which we honestly believe may affect you detrimentally if you continued using the Service.

 

If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert straight away. Furthermore, you may only use the Platform and the Services if you have checked and accorded our medical checklist, shown below. It is very important that you check the list thoroughly and if can answer one or more question(s) with a ‘yes’, then you cannot use the Service.

 

Medical checklist:

·       Has your doctor ever said that you have a heart condition and that you should only do physical activity recommended by a doctor?

·       Do you feel pain in your chest when you do physical activity?

·       In the past, have you had chest pain when you were not doing physical activity?

·       Do you lose your balance because of dizziness or do you ever lose consciousness?

·       Do you have a bone or joint problem (for example, back, knee or hip) that could be made worse by a change in your physical activity)?

·       Is your doctor currently prescribing drugs (drugs) for your blood pressure or heart condition?

·       Do you know of any other reason why you should not do physical activity?

 

In becoming a Registered User with the intent of using the Services, you affirm that either:

 

(A) all of the following statements are true:

(i)              no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;

(ii)             you have never felt chest pain when engaging in physical activity;

(iii)            you have not experienced chest pain when not engaged in physical activity at any time within the past month;

(iv)            you have never lost your balance because of dizziness and you have never lost consciousness;

(v)             you do not have a bone or joint problem that could be made worse by a change in your physical activity;

(vi)            your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and

(vii)           you do not know of any other reason you should not exercise; or

 

(B) your physician and doctor has specifically approved of your use of Meet Jym.

 

It is your responsibility to follow your Trainer's exercise instructions correctly and take the appropriate precautions. Any information and/or views presented anywhere on the Platform are for general informational purposes and may not represent generally held or agreed views. Meet Jym is not a health care practitioner and has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Meet Jym cannot verify, endorse or vouch for the information, services or recommendations available through Meet Jym or any Trainers.

 

Meet Jym is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Clients are responsible for their own health, diet research and decisions; therefore Meet Jym requires that you consult with your physician or health care practitioner before dieting, making any personal health decisions, or following any training instructions you receive from a Trainer you have contacted the Platform or from any other Services provided by Meet Jym including at any events or through the Website or third party channels (such as Facebook, Twitter, Instagram or Snapchat). Always seek the advice of your physician with any questions you may have regarding your physical or mental health and wellness. This also applies to any posts made by users of Meet Jym on any platform owned by Meet Jym or otherwise.

 

By registering for Meet Jym, you certify that you have received consent from your doctor/physician to participate in the programs, workouts, and exercises to be provided by Meet Jym. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death. You assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to your use of the Services, whether to you or to any other person or entity, including, without limitation, arising out of your performance of the exercises, whether correctly or incorrectly. You therefore hereby release, waive, discharge, and covenant not to sue Meet Jym, its officers, directors, employees, contractors, or any other person or entity in any way associated with Meet Jym (including any and all Meet Jym Personal Trainers), from any and all liability, including, but not limited to, liability for negligence for any personal injury or property damage you might suffer, and for any wrongful death action which your heirs and/or your estate might bring arising from your use of the Services. If you think you may have a medical emergency, call your doctor/physician on 911, 999 or the appropriate emergency medical line in the country you are using the Platform in immediately. Meet Jym shall in no event be liable for any claims relating to reliance on the Services or specifically the services rendered by the Trainers, or for any claims relating to medical conditions or injuries.

 

Meet Jym has tried to improve the quality of information and safety of Users through the use of the Par-Q form. By using the Platform you are agreeing to have read/filled out and discussed with your physician the Par-Q form which can be found here: http://www.fbpt.co.uk/PARQ.pdf.

Trainers and Clients

Both

·        Only Registered Users may buy and sell on Meet Jym. Registration is free.

·        Clients pay their Trainer in advance for a fitness program.

·        Deals are purchased through the deal page found within the respective Trainer profile.

·        Trainers gain reviews based on their performance in servicing their Clients.                

·        Users may not offer or accept payments using any method other than placing an order through the Platform.

Trainers

·        Trainers must fulfil their fitness programs, and may not cancel deals or fitness programmes on a regular basis or without cause. Cancelling deals will affect Trainers’ reputation and status and their account may be terminated.

·        As a Personal Trainer when you sign up you will be requested to provide your REPS number. If you do not provide it when signing up, you will provide it upon demand without any delay. Failure to do so may terminate your account. You understand that if you are not a qualified personal trainer you will NOT be able to continue the use of the app and in doing so you may be subject to intentionally conducting fraudulent behaviour and legal action may be taken against you. You also understand that as a Personal Trainer entering your REPS number may be cross checked and verified at any given moment. We assume members of Meet Jym and Meet Jym will act responsibly and use the tools provided by Meet Jym in a law-abiding manner.

·        If a trainer is found using another payment service other than the one provided by Meet Jym or having any transactions with a Client outside of Meet Jym, their account may be terminated without notice.

·        Each deal you sell and successfully complete, accredits your account with a net revenue described below. Please note the maximum deal value can only be $1420 if the deal is being purchased in the USA or if the deal is being purchased in the UK maximum value of the deal can only be £1000. This may be subject to change at any moment without notice depending on the currency conversion rates and the discretion of Meet Jym. The currency conversion may cause variances in prices for example if a deal is sold at $28 it may come to £19.71, instead of £20 as stated on the deal price. Meet Jym cannot be held liable for currency conversion differences for any deal bought.

·        For any new Clients who purchase deals through the Platform a Trainer will receive net revenue of 80% of the total deal price minus the fee taken by Stripe. All transactions are made via our payment service gateway Stripe.

·        You will receive the revenue immediately into your Stripe account. The Trainer will only be paid after 7 days of the deal purchase. After the first 7 days of the deal you agree you will keep adequate refunds in place to provide pro-rata refunds. If enough funds are not in your Stripe account, you will make the necessary arrangements to deposit sufficient funds into your stripe account with immediate effect. Failure to do so may result in a termination of your account.

·        Trainers also agree to comply with Stripes Privacy Policy and agree to provide any and all information required in order for Trainers to accept payments and make refunds.

·        Withdrawals from your account may become disabled upon review of Meet Jym. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service and or Privacy Policy from a Client to our team, or if another Meet Jym profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by Meet Jym team following a review of your account.

·        Please note, only some deals are applicable to the 7 day refund policy. This includes deals that are greater than 3 weeks. If a deal is less than 3 weeks, it is not mandatory that clients are refunded however a refund may be entitled under exceptional circumstances. This will be at the discretion of Meet Jym.

·        The Trainers review system is solely written and reviewed by the respective Client once the deal has been completed. If the Trainer deems the review to be inappropriate he may submit the review for further analysis by the Meet Jym team. Meet Jym hold full discretion to deem if the review is appropriate for the Trainer or not, and will always have the final judgement.

·        Deals may be removed by Meet Jym for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

o   Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement

o   Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found in this agreement.

o   Adult oriented services, Pornographic, Inappropriate/Obscene or any other violation of our community guidelines found in this agreement.

·        Trainers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Trainer status and the benefits that come with it. For example, late deliveries, warnings to the Trainer’s account and cancellations can cause a Trainers account to be terminated.

·        Top Rated Trainers or ‘Featured Trainers’ are chosen manually by Jamify editors based on seniority, volume of sales, extremely high rating, exceptional customer care and community leadership. Top Rated Trainers may gain access to more extensive features including exclusive access to beta features and VIP support; certain features like VIP support are yet to be implemented.

·        Communication for handling deals should be performed on Meet Jym, through the chat functionality. Users who engage and communicate on any platform other than Meet Jym will not be protected by our Terms of Service.

·        Your Meet Jym profile can be associated with only one account, ever. If multiple accounts are created, users will not be protected by our Terms of Service.

·        Revenues are only made available for withdrawal for Trainers following a safety clearance period of 7 days after the fitness program and deal is marked as started, i.e. from the day the deal is paid by the Client.

 

Clients

  • You may not offer Trainers to pay, or make payment using any method other than through the Platform.
  • Clients and Trainers must not exchange any form of monetary value offline and in person in the form of cash or other means.
  • Meet Jym retains the right to use all published or delivered works for Meet Jym marketing and promotional purposes.
  • By ordering a deal, Clients agree they will use the designated Stripe Payment Gateway to make the payment for the Trainer.
  • Clients are responsible for the purchase of their own gym membership at the gym they deem most appropriate and convenient for the fulfilment of the fitness program as outlined by the Trainer. Meet Jym will not provide ANY equipment required for fulfilment of the service provided by the Trainers via the Platform.
  • Processing fees are added at the time of purchase where a Client can check and accept the total amount requested to pay. These fees cover payment processing and administrative fees, which are subject to change.

·       You may not offer Trainers to pay, or make payment using any method other than through the Platform. In case you have been asked to use an alternative payment method, please report it immediately to Meet Jym by sending an email to admin@meetjym.com.

·       To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Clients on the Site or transferring payments to Trainers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy on the Platform for further details.

•        We encourage our Clients and Trainers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact the Meet Jym team at talktous@meetjym.com. If you contact Meet Jym, you are hereby confirming that you will accept any and all decisions made by Meet Jym, and any decision made will be at the discretion of Meet Jym. The first point of contact for any disputes would be Stripe; however we highly recommend trying to sort it out amongst the Client and Trainer prior to contacting Stripe. If the issue is still not resolved Meet Jym will have the final say on any decision referring to any Client/Trainer dispute.

·        Clients accept ALL responsibility for carrying out the exercises, following diet plans, taking progress pictures and ANY AND ALL input required by their chosen personal Trainer. Meet Jym WILL NOT AND DOES NOT provide any recommendations. By engaging in any activity in the fitness program suggested by your Trainer, you are agreeing you have spoken to a doctor, physician, dietician, nutritional expert.

·        Users are responsible for scanning all transferred files for viruses and malware. Meet Jym will not be held responsible for any damages which might occur due to site or the mobile application (Meet Jym) usage, use of content or files transferred.

·        A Trainer may cancel a deal without the Clients consent at any given moment (Force Cancellation). However, this will have a negative effect on the Trainers profile and will be investigated by Meet Jym.

·        You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the fitness provided by the Trainer.

·        Any content gained from a personal Trainer may not be used:

o       on a stand-alone basis with no other content;

o       for pornographic, defamatory or other unlawful purposes;

o       as templates used to create multiples copies of the same Gig;

o       for the purpose of enabling file-sharing of the image file; or

o       In logos, trademarks, services marks or any other branding or identifiers

·        Deal cancellations (when eligible) can be performed by Meet Jym with a full refund only up to a period of 7 days from deal start date. Beyond this amount of time investigations will need to take place subject to the discretion of Meet Jym.

·        Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

·        Deals are not eligible to be cancelled based on the quality of service/materials delivered by the Trainer if the service was rendered as described in the deal page of the personal Trainer.

·        Meet Jym reserves the right to cancel deals or place funds on hold for any suspected fraudulent transactions made on the Platform.

Reviews

  • Feedback reviews provided by Clients while completing a deal are an essential part of Meet Jym's rating system. Reviews demonstrate the Client's overall experience with the Trainers and their service. Clients are encouraged to communicate to the Trainer for any concerns experienced during their active deal with regards to the service provided by the Trainers.
  • Leaving a Client's feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Meet Jym platform from users within our Community. Purchases arranged, determined to artificially enhance Trainers ratings, or to abuse the Meet Jym platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Clients are publicly displayed on a Trainers profile page and may be displayed on the Meet Jym site.
  • Withholding the delivery of services, files, or information required to complete the Fitness Program with the intent to gain favourable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Client will have to post a mandatory review and rating of the service used.

Payments

 

You agree that Meet Jym may immediately authorize your credit card (or other approved facility) for payment for any purchases made under your Password (as defined below) on the Platform. As mentioned, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Username and Password, and you agree to be liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement. If you have a question about a transaction on your credit/debit card or bank account statement, please email: talktous@meetjym.com.

For any deals or purchases executed outside the Platform (e.g., in iTunes, Google Play, etc.), the terms and conditions and privacy policy of such third-party provider shall apply to such Order.

If you need to cancel your coaching subscription for whatever reason, it is your sole responsibility to cancel that subscription yourself by contacting the Trainer and arranging with each other. Verbal discussion and acknowledgement of desire to cancel does not qualify as a cancellation and does not make you exempt from our refund policy. You agree to pay any fees due for and incurred by your use of any Services that require payment such as any and all Deals created by Trainers (“Paid Services”) including cancellations. If you choose to use Paid Services, you must designate and provide information required by Stripe. You agree to pay all fees and other charges incurred in connection with your Account. Meet Jym will administer and apply payments you transmit for Paid Services via Stripe in a timely and commercially reasonable manner. Furthermore, Meet Jym reserves the right to terminate your access to a Paid Service on account of your non-payment of associated charges. Meet Jym does not take any responsibility for late payments made by third parties or late refunds; as you are agreeing to use this service at your own risk.

If you want to discontinue a Paid Service, then you must cancel that Paid Service per applicable cancellation procedures.

 

The process is hereby clearly explained for clients:

·       You look through the range of personal trainers available and you find one within budget that has a deal duration which is aligned to your choice of commitment.

·       Once you find the deal, you click to purchase that deal.

·       Once clicked, it will ask you for your card details, expiry date and 3 digit security code at the back known as the cvv code.

·       Upon entering this information you will be shown a confirmation screen where you complete the purchase.

·       The payment is processed by our third party payment gateway Stripe. The card will be stored as a token on Meet Jym and will be used for all future purchases with Meet Jym.

·       Clients may incur the fee charged by Stripe as a result of their cancellation. This amount will be a percentage of the deal that was purchased. For clear information on the fee incurred, please visit Stripe’s details about transactional fees.

 

For Trainers:

·       As part of the sign up process, trainers are hereby required to enter all information that is requested by Stripe which is required for the sole purpose of receiving payments.

·       Trainers must provide the same email address for Meet Jym and Stripe. If the email addresses don’t match the process will not be completed. If the Trainer is an existing Stripe user but the email address used to sign up or login to Meet Jym doesn’t match the Stripe email account, a new email account should be created to match that of the one used to login to Meet Jym.

·       Trainers are responsible for ensuring there are sufficient funds at all times in their Stripe accounts which may be used in the event money needs to be refunded to Clients. Trainers agree that for the first 2 weeks of any deal commencing, there is at least the full amount paid clients in the Stripe account. They understand that this money may be deducted by Meet Jym in the event when a client wants a refund.

·       Trainers will receive money on the same day as a Client pays for the deal created via Meet Jym.

 

 

All such deals provided by Trainers and fees associated are payable in advance. You authorize Meet Jym to charge your Payment Method for the appropriate charges and fees and for any other purchases you elect to make via the Services. Meet Jym reserves the right to institute new fees at any time upon reasonable notice posted in advance on Websites. Meet Jym may automatically charge you for any and all fees incurred by you for Services. Meet Jym reserves the right to change its price list and to institute new charges at any time upon notice to you, which notice may be provided by means of updates on Meet Jym’s website and Meet Jym App. Your use of the Services following such changes constitutes your acceptance of any new or increased charges. Where your credit card or other payment method is rejected for any reason, you will also be responsible for any fees and charges associated with such rejection. The foregoing shall not limit Meet Jym’s ability to exercise any rights available to it in law or equity respecting the collection of any amounts payable hereunder, and you shall also be responsible for paying for all reasonable fees and costs incurred by Meet Jym, including legal fees, in collecting any overdue amounts or enforcing any provision of this Agreement. Meet Jym reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Fitness Program Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the payment party (Stripe) to do so.

ALL PURCHASES ARE FINAL AND NO REFUND OR EXCHANGES WILL BE GIVEN UNLESS OTHERWISE SPECIFIED IN THE TERMS AND CONDITIONS. THIS ALSO APPLIES TO MISSING CLASSES OR TRAINING SESSIONS.

Refunds and Cancellations

 

If you're ever unhappy with Meet Jym, just send us an email at talktous@meetjym.com and we'll take care of you.

If you had extended downtime (multiple hours in a day, or multiple days in a month) we MAY issue a partial credit to your account, however this would be done at the discretion of Meet Jym. Meet Jym will only charge the Trainers for the use of the Service. Meet Jym cannot be held responsible for any transactions agreed to or made outside of the Platform.

 

If you want to discontinue a paid service, then you must cancel that paid service per applicable cancellation procedures.

 

Meet Jym reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time in Meet Jym's sole discretion. Further, you acknowledge and agree that charges may increase substantially during times of high demand. Meet Jym will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your account regardless of your awareness of such charges or the amounts thereof. Meet Jym may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.

 

Funds returned to your account from cancelled deals will not include processing fees paid. Depositing refunds when available from Stripe can be performed by Meet Jym. To prevent fraud and abuse, we limit the total amount of times users who can request a payment provider refund from their account which is subject to review by Meet Jym. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new deal, the processing fees from that payment will be refunded along with your deposit.

 

Meet Jym will not incur the costs of any differences in exchanges in currency when dealing with refunds or cancellations; instead they will be incurred by the user requesting the cancellation/refund.

 

For deals that are over three weeks old, clients have a 7 day money back guarantee. In the first 7 days clients are entitled to get their money back in full if they are not happy with the service. The 7 days starts from the moment the deal is purchased. After 7 days the refunds are calculated on a pro rata basis. This will take into account that start date, the end date, the price paid, and the days of service used. The Pro-rata refund will be at the full discretion of Meet Jym. Meet Jym will not be responsible for any delays in payments of your refunds as you fully understand and agree that Meet Jym has to firstly accumulate the money from the trainer in order to pass it onto you for a refund.

Community Guidelines

 

The Service may from time to time, contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Our community, like any community, functions work best when its people follow a few simple rules. By accessing and/or using the Platform, you hereby agree to comply with these community guidelines (the “Community Guidelines”) and that Meet Jym grants you a personal, non-exclusive, revocable, non-transferable, licence to use the software in accordance to this agreement, solely for the purpose of using the services. You agree that you will:

•    You will not use the Platform for any unlawful purpose;

•    You will not post or send us false or misleading information;

•    You will not use the Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;

•    You will not access or use the Platform to collect any market research for a competing business;

•    You will not upload, post, e-mail, transmit, or otherwise make available any User Content that: infringes any copyright, trademark, right of publicity, or other proprietary or contractual rights of any person or entity; or is threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

•    You will not “stalk”, defame, threaten, harm, otherwise harass the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Meet Jym/Meet Jym staff.

•    You will not publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene, or unlawful topic, name, material or information.

•    You will not use the service for any purpose, including, but not limited to posting or completing a deal/fitness program, which is illegal or otherwise unlawful.

•    You will not upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

•    You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

•    You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform.

•    You will not advertise or offer to sell any goods or services for any commercial purpose through the services which are not relevant to the services offered through the service.

•    You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

•    You will not use automated means, viruses, Trojan horses, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

•    You will not use any automated device or software that enables the submission of automatic postings on the Platform without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and

•    You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.

•    You will not post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

•    You will not conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments.

•    You will not post the same deal repeatedly ("Spamming”). Spamming is strictly prohibited.

•    You will not download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.

•    You will not restrict or inhibit any other User from using and enjoying the public areas. Imply or state that any statements you make are endorsed by Meet Jym, without the prior written consent of Meet Jym.

•    You will not use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.

•    You will not post misleading information.

•    You will not hack or interfere with the Service, its servers or any connected networks.

•    You will not adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.

•    You will not remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Meet Jym.

•    You will not upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

•    You will not upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.

•    You will not use the Services in violation of the Community Guidelines.

•    You will focus on staying on topic and only posting constructive comments and questions. Unless the website feature asks for it, don’t talk about policies, future products, speculations, or rumours about Meet Jym, its products or anything else off topic. Also be courteous and appropriate.

•    Do not use the website or mobile app for any commercial purpose; do not post any advertising, solicitation or commercial content whatsoever. Do not receive any payment from any third party in exchange for your performing commercial activity on the website. You may not post content that involves the transmission of junk, chain letters, unsolicited mass mailing or spam. Do not use automated scripts to collect information from or otherwise interact with the website or mobile app.

•    You will not use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.

•    You will not use the Service to collect usernames and or/email addresses of Users by electronic or other means.

•    You will not register under different usernames or identities, after your account has been suspended or terminated.

•        You may not: (i) remove any copyright, deface, cover, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile, prepare derivative works based upon, distribute, license, sublicense, rent, assign, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, copy any written materials, broadcast or otherwise exploit the Services except as expressly permitted by Meet Jym on a temporary or permanent manner; (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; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

•    You hereby represent and warrant that (i) you are not located in a country that is subject to a US or UK embargo, or that has been designated by the US or UK Government as a “terrorist supporting” country; and (ii) you are not listed on any UK or US Government list of prohibited or restricted parties.

Members found using email or chatting via the Platform in the manner described above will be stripped of their membership. Meet Jym is not responsible for the content of email messages or chat sent by its members or from a third party. We assume members of Meet Jym (Jamify LLP) will act responsibly and use the tools provided by Meet Jym in a law-abiding manner. If Meet Jym determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of Meet Jym. You are only authorized to use the Platform for your own individual use, and may not duplicate, download, publish, modify or otherwise distribute any material on Meet Jym for any purpose other than for your own individual use, unless otherwise specifically authorized by Meet Jym. You agree not to transfer or resell your use of or access to your program to any third party.

Please let us know about inappropriate content. If you find something that violates our Community Guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Platform or any portion of the Platform, without notice and remove any User Content that does not adhere to these guidelines.

You agree that

 

(a) You will not permit anyone other than you, as an individual, to obtain access to the Services through your Meet Jym account or otherwise using your Access Information, and will only use the Services in accordance with this Agreement and applicable law;

(b) You will be solely responsible for all activities with respect to the Services undertaken by you and that any and all;

(c) You will not use the Services for any commercial purposes or for the benefit of any third party;

(d) You represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services, and will provide accurate information to Meet Jym;

(e) You will not in any way use the Services to transmit harassing, abusive, libellous, illegal or deceptive messages or information, or to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortious acts;

(f)  You will not alter, modify, delete, or otherwise interfere with or in any manner compromise the Services or Software or any content accessible through the Services;

(g) You will cooperate with Meet Jym and provide information requested by Meet Jym to assist Meet Jym and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.

Without limiting the foregoing, you agree not to violate any applicable laws, the rights of others, or the operational and security mechanisms of the Services.

You agree that any material, information or idea that you post on or through the Services or the Software, or that you otherwise transmit to Meet Jym by any means (each, a “Submission”), is considered non-confidential and may be disseminated or used by Meet Jym or any third party without compensation or liability to you for any purpose whatsoever. This provision does not apply to personal information that is subject to Meet Jym’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Services. Notwithstanding the foregoing, Meet Jym reserves the right to remove any Submission from the Services if such Submission violates this Agreement or any other written policy or terms of use published by Meet Jym from time to time, or is otherwise objectionable, as determined by Meet Jym, in its sole discretion.

 

Third Parties

 

Links (such as hyperlinks) from the Service to other third-party websites not operated by Meet Jym and does not constitute an endorsement or association by Meet Jym of those websites, their content or its operators. Such links are provided as an information service, for reference and convenience only. Meet Jym does not control any such websites, and is not responsible for any content contained on such website such as fitness information or opinions. It is your responsibility to independently evaluate the content and usefulness of the information obtained from other websites.

 

Examples of Third parties Meet Jym uses are listed below. Please note this may not be a full list and may be subject to change at any time without notice.

 

Website:

·       Unbounce

·       KickoffLabs

·       Google Ads

·       Facebook Ads

·       Bing

·       Get site control

·       Mailchimp

·       Cookie Script

·       Improvely

 

App:

·       Flurry

·       Appboy

·       Stripe

·       Crashlytics

 

The use of any website controlled, owned or operated by third parties is governed by the website terms of use or service and privacy policies for those websites, and not by Meet Jym Terms of Service or Privacy Policy. You access such third-party websites at your own risk. Meet Jym expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Service.

 

As part of the functionality of the Service, you may link your account with online accounts you may have with third-party service providers (each such account, a "Third-Party Account”), for example Facebook and Twitter by either: (i) providing your Third-Party Account login information through the Service; or (ii) allowing Meet Jym to access your Third-Party Account, as is permitted under the terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Meet Jym and/or grant Meet Jym access to your Third-Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Meet Jym to pay any fees or making Meet Jym subject to any usage limitations imposed by such third-party service providers. By granting Meet Jym access to any Third-Party Accounts, you understand that (i) Meet Jym may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) Meet Jym may submit and receive additional information to your Third-Party Account so long as you are notified of this when you link your account with the Third-Party Account.

 

Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User-Generated Content for all purposes of these Terms of Service. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable or Meet Jym's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service at any time, as set out below. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. Meet Jym makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, reliability, legality or non-infringement, and Meet Jym is not responsible for any SNS Content. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the services, or obtained from a third party linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third party website accessed through the services and/or any other agreements entered into between you and such third party.

 

At your request made via e-mail to talktous@meetjym.com, Meet Jym will deactivate the connection between the Service and delete any information stored on Meet Jym servers. Any connection that was made to Third-Party Accounts through the use of the App (e.g. Stripe) need to be deleted by you by contacting the Third Party directly (A list of all Third Parties which have been used in this app have been included in this document). Meet Jym may deactivate your account but retain information in order to be able to check that Users who have been suspended or terminated by Meet Jym do not re-apply to join.

 

You are solely responsible for your interactions with other users of our Platform, whether online or offline, i.e. in person. Meet Jym is not responsible or liable for any loss or damage resulting from any interaction with other users of our Platform or persons you meet through the Platform. You should take reasonable precautions in all interactions with other users, whether online or offline, and conduct any necessary investigation before meeting another person.

Sign-in Name; Password; Unique Identifiers

 

During the registration process for Registered Users, if you do not sign in via one of your social media accounts, we will ask you to create an account, which includes a username (“Username”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Meet Jym will not be liable for any loss or damage caused by any unauthorized use of your account.

Communication

 

There are some important parts of these Terms of Service that we would like to draw your attention to:

•    Meet Jym provides an online venue where individuals or businesses who need personal training, diet changes, workout plans and seek physical well-being (we call them Clients) and individuals or businesses who are willing to provide the information for such tasks (we call them personal Trainers, coaches, health professionals, Trainer) can connect with each other.

•    Clients and Trainers enter into a direct contract with each other in relation to the fitness program to be performed. Meet Jym and its affiliates are not a party to that contract so they are not responsible if Client or Trainer decides to cancel. If a Client does not perform the tasks requested by the Trainer, or if a Trainer performs a task badly or incorrectly Meet Jym or Jamify LLP holds no responsibilities as both Client and Trainer are using this service at your own risk.

•    By accessing and using the Service and complying with these Terms of Service, you consent to receiving messages via chat to your mobile phone, if we consider this necessary in order to facilitate fulfilment of a fitness program.

Each User assumes all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines. Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Meet Jym or Meet Jym. Users acknowledge that Meet Jym does not, in any way, supervise, direct, or control a Trainer’s work or fitness programs provided/performed in any manner. Meet Jym does not set a Trainer’s work hours or location of work. Meet Jym will not provide any equipment, labour or materials needed for a particular Task. The Service is not an employment service, employment business or employment agency and Meet Jym does not serve as an employer of any Trainer. As such, Meet Jym/Meet Jym will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Trainer’s services. Payment of the charges/fees by Trainers in such manner shall be considered the same as payment made directly by you to the Trainer/ Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Meet Jym. You retain the right to request lower Charges from a Third Party/Trainer Provider for services or goods received by you from such Trainer/Third Party Provider at the time you receive such services or goods. Meet Jym will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by Meet Jym using the preferred payment method designated in your app. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Meet Jym may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available. Client agrees to indemnify Meet Jym and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:

•    A Trainer being misclassified as an independent contractor or employee.

•    Meet Jym being incorrectly held to be an employer or joint employer of a Trainer; or

•    any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings between Trainers and Members of or any other persons you meet through this Site or in person. You agree to take reasonable precautions in all interactions with Trainers and other Members, particularly if you decide to meet offline or in person.

Meet Jym may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the Meet Jym Message Boards (either via the Platform of social media channels) are not considered confidential. These posts may be used by Meet Jym and/or Jamify for any purpose without requiring permission from the originator.

On the message boards, you acknowledge that the message boards and the features that are offered within are for the public and are not private communications, and you have no expectation of privacy in regards to any submission to the message boards. We cannot guarantee your security of any submission to the message boards or through these media; you make such submissions at your own risk. You are and remain solely responsible for the submissions that you distribute through the Platform or on any site under your username or by you in any message board and for the consequences of submitting and posting same. You should be sceptical about information posted and provided by others, and you acknowledge that use of any submission posted in the message boards is at your own risk. We are not responsible for, and we do not endorse, advice, recommendations or opinions posted or sent by users in any message board and we specifically disclaim any and all liability in connection therewith.

User Generated Content

 

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you. As noted above, the Platform provides Users the ability to post and upload User Content. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. YOU, AND NOT MEET JYM, ARE ENTIRELY RESPONSIBLE FOR ALL THE USER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE PLATFORM.

Through your account you can enter your own content, such as new fitness exercises and workouts, new nutritional products, public posts, etc. Furthermore, you can exchange internal short messages. You can decide which content you make available to the public and which content remains private. However, Meet Jym will not be held liable for any loss, distribution or use of data. Although reasonable efforts will be taken to ensure your privacy, it is not guaranteed and therefore, no content which you do not want to be shown publicly should be uploaded. 

User generated content is any content, including but not limited to: communications, materials, information, opinions, photos, profiles, messages, notes, music, videos, designs, graphics) on the Website or mobile app, not provided by Meet Jym. You are responsible for the content you enter. Under no circumstances your content may infringe on anyone’s (intellectual property) rights or otherwise be illegal, unlawful or tortuous against any other parties. You explicitly agree that you will not enter any content that is: (i) unlawful under the laws of any jurisdiction to which you and/or Meet Jym are subject; (ii) obscene, violent, threatening, hateful, discriminating or invasive of the privacy of another; (iii) containing confidential information and/or (iv) containing or transmitting software viruses. You indemnify Meet Jym against any (infringement) claims by third parties and any other legal charges in connection with your use of our services and/or your content. If you are not the complete rightful owner of or fully entitled to use (and thus publish) your content (for instance because it contains third party elements, like music), you guarantee that you have gained all the required and essential licenses, rights and/or permissions, and that you have respected the moral rights of the third parties involved (for example by mentioning the name of the artist/author).

Meet Jym is not responsible for and does not endorse content which is entered by account holders and/or the opinions and views stated in it. That is why Meet Jym does not accept any liability for entered content. Moreover, Meet Jym does not check prior to placement on the Website or Application whether content might infringe on any third party rights or can otherwise be illegal. As an accountholder you understand that only you are responsible for the content you enter and possibly decide to make available on the public Website or Application.

Meet Jym reserves the right to check whether any/all content is appropriate for the Meet Jym Website and to remove or make inaccessible any entered content at any time at its own discretion.

Coaches, or any other user of the Meet Jym Service, who choose to upload video materials, health programs or any other content of which they poses the copyrights, will not need to worry about Meet Jym claiming such rights. You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby irrevocably grant us and our sublicenses and assignees a non-exclusive, transferable, perpetual, royalty-free, freely sub-licensable (through multiple tiers) license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) any and all of your User Content, your Sign-In Name, your profile picture, and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, Sign-In Name, and profile picture permitted by the foregoing rights and licenses may include their display adjacent to advertising and other material or content, including for profit. Meet Jym and/or Jamify may use also use your content for the below:

•    Use any videotape, film, recording or photograph that such Trainer provides or uploads to Meet Jym or any platform, and use, reproduce, modify or creative derivative works from such Trainer’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”), in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Trainer in connection with the Service.

•    Reproduce in all media any recordings of such Trainer’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.

•    Use, and permit to be used, such Trainer’s Physical Likeness and Voice in the advertising, marketing, and/or publication of the Service in any media.

•    Use, and permit to be used, with Trainer’s consent, such Trainer’s name and identity in connection with the Service.

If you submit User Content to us, each such submission constitutes a representation and warranty that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Meet Jym and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libellous, defamatory, or obscene material or content that violates our Community Guidelines.

User Information

 

You agree that any registration information you provide to Meet Jym will always be accurate, correct and up to date. You are responsible for keeping your password secure. Meet Jym cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United Kingdom. “Your Information” is defined as any information and materials you provide to Meet Jym or other Users in connection with your registration for and use of the Service, including without limitation that information posted or transmitted for use in public areas. You are solely responsible for Your Information, and we act merely as a passive conduit for the online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User-Generated Content”. You hereby confirm to Meet Jym that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property right or rights of publicity or privacy; (d) will not violate any law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Meet Jym or cause Meet Jym to lose (in whole or in part) the services of its ISPs or other partners or suppliers, for instance by posting illegal photos or other content or altering profile information to create a denial of service from a third party. In order to use the Services, you must:

(a) provide up-to-date, complete and accurate registration information;

(b) provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you, or otherwise pay in full or guarantee payment for the Services; and

(c) be at all times in compliance with the terms and conditions of this Agreement and applicable law.

You specifically agree that Meet Jym may rely on the accuracy of the information provided by you to Meet Jym, and that Meet Jym will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Meet Jym. As a feature of the Services, Meet Jym may offers users the ability to interact with other users on Meet Jym's proprietary network, such as by following friends’ workouts, “liking” other users’ workouts, and commenting on exercises and workouts. Meet Jym also may offer the ability for users to publish their workouts and other personal data created through the Services on certain supported third party social networking sites and/or social media applications, such as Facebook. You acknowledge that by using these features:

(a)       you must provide up-to-date, complete and accurate information, including user ID and password where required, respecting the third party social networking and/or media application accounts, blogs, twitters, tweets and other messaging and update services (supported by Jamify) that you would like Meet Jym to integrate as part of the Services;

(b)       you consent to Meet Jym disclosing and publishing your workout and personal information in the manner that you have indicated through these features;

(c)       you acknowledge and agree that you are solely responsible for any information you post or otherwise make available on or through the Service, including these features, and that these features are provided “AS IS”, without any warranty or liability whatsoever on the part of Meet Jym; and

(d)       you are solely responsible for complying with the terms and conditions of any third party social networking sites, social media applications, blogs, twitters, tweets and other messaging and update services on which you post information through the Services and these features, and acknowledge that such information, once posted, is subject to such third party’s data collection and privacy policies, over which Meet Jym has no control, and for which Meet Jym shall in no event be liable.

General

 

Failure by Meet Jym to enforce any provisions of this agreement will not be constructed as a waiver of any provision or right. This agreement constitutes the entire agreement between you and Meet Jym with respect to its subject matter. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect.

It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Software. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use Software or Services of this type, you may not enter into this Agreement and you may not download, install or use the Software. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Software and Services is allowed. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

Meet Jym does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that you are solely responsible (and that Meet Jym 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 Meet Jym may suffer) by doing so.

Message boards on the www.meetjym.com website will contain information that can be posted and viewed by anyone on the internet. Meet Jym does not endorse any information posted on the message boards. Meet Jym is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening. Meet Jym will not review all communications or materials posted on its on-line forums, private, and instant messaging systems, and is not responsible in any manner for the content of posted communications or materials. You may not post or transmit any communications or materials, and Meet Jym has the right to block or delete any communications or materials, on Meet Jym's message boards or private messaging systems that : (i) is defamatory, harassing, threatening abusive, or the invasion of a right of privacy of another individual; (ii) is hateful, racial, offensive or bigoted; (iii) is vulgar, sexually explicit, pornographic, violent or obscene; or (iv) can be expected to harm any person or entity; (v) promotes or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that represents or is an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking stolen or obscene material, deal or abusing drugs, theft, harassment, or conspiracy to commit any criminal activity; (vi) violates or infringes of any third party including; (a) patent, copyright, trademark, trade secret or any other intellectual proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation; (vii) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (viii) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites; (ix) does not generally pertain to the designated topic or theme of the relevant Forum to which it is submitted; (x) violates any specific restrictions applicable to a Forum, including its age restrictions and procedures; or (xi) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet. Meet Jym may take steps as it deems necessary to investigate any violation of this Agreement, including the recording of any communications or materials in its message boards or private messaging systems. Posts submitted to the Meet Jym Message Boards are not considered confidential. These posts may be used by Meet Jym for any purpose without requiring permission from the originator. The following provisions shall survive any termination of this agreement: “Disclaimer”, “Waiver and Release”, “Warranty Disclaimer”, “Indemnification”, “Termination” and “General”. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Account, Password, Security and Mobile Phone use

 

During the registration process for Registered Users, if you do not sign in via one of your social media accounts, we will ask you to create an account, which includes a Username (“Username” or “Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Username, or change any Unique Identifier. We reserve the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason. Meet Jym will not be liable for any loss or damage caused by any unauthorized use of your account. Meet Jym may provide you with certain information to allow you to use the Services, such as a user ID and a password or the ability to create a user ID and/or password (the “Access Information”). The Access Information is provided on the understanding that it is personal to you; you will not permit anyone other than you to obtain access to the Services using the Access Information. Meet Jym is not responsible or liable in any way for any use of the Services (authorized or unauthorized) by any party accessing the Services using your Access Information, and you accept all responsibility for such use of the Services and any consequences resulting from such use of the Services. While certain parts of the Service are accessible by everyone, in order to use the Service provided through the Service you must register and create an account on the Service (an “Account”). You are responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by Meet Jym for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. Meet Jym has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact Meet Jym immediately by providing your email address and stop using the Service, you hereby affirmatively consent to Meet Jym's use of your email address only where Meet Jym thinks it reasonably necessary to facilitate fulfilment of your fitness program or issue. If you become aware of any unauthorized use of your password or of your account, you agree to notify Meet Jym immediately at talktous@meetjym.com. By making your account information public, you agree to allow others to view your content. Meet Jym does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service. You acknowledge and agree that if Meet Jym disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Meet Jym. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Meet Jym customer, Meet Jym employee, member, or officer will result in immediate account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

No Liability

 

Meet Jym is not responsible for and shall have no liability in relation to any tasks or other dealings that are facilitated by Users using our service. Any disputes in relation to any dealings with Clients or Trainers should be raised and resolved directly with Client and/or Trainer concerned.

The only type of damages that can be recovered against Meet Jym arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any, arising from Meet Jym's gross negligence or wilful misconduct. Without limiting the foregoing, your only right with respect to any problems or dissatisfaction with the Software is to uninstall and cease use of such Software. You agree to release us from any and all claims, demands and damages of every nature, known and unknown arising from or in any way connected with such disputes. The platform and the content may contain technical inaccuracies or typographical errors omissions. We are not responsible for any such typographical or technical errors listed on the platform. The platform may contain information on products or services which are not available in every location. A reference to a product or service on the platform does not imply that such product or service is or will be available to you. We reserve the right to make changes, corrections, and or improvements to the platform at any time without notice. Meet Jym makes no warranties or representations about the accuracy or completeness of this service’s content, and assumes no liability for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Jamify/Meet Jym platform, whether based on warranty, contract, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in this agreement shall in anyway limit or exclude Jamify/Meet Jym's liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything which may not be legally excluded or limited. Meet Jym does not review user postings or other comments or content and is not involved in any transactions carried out directly between users.

Except for the limited direct damages specified above, to the maximum extent permitted by law, in no event shall Meet Jym be liable for any damages whatsoever (including, without limitation, indirect, special, incidental, exemplary or consequential or punitive damages) whether or not such damages were foreseen or unforeseen including without limitation the use of or inability to use the software or services, even if Meet Jym has been advised of the possibility of such damages.

Copyright

 

Meet Jym's holds the rights to trade names, trademarks, service marks, logos, domain names, trade dress and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Meet Jym, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Meet Jym gives you a personal, worldwide, non-assignable, royalty-free, and non-exclusive license to use the software provided to you by Meet Jym as part of the Services as provided to you by Meet Jym (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Meet Jym, in the manner permitted by these Terms of Service.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorized by Meet Jym in writing.

Unless Meet Jym has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

You retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services with limitation described in the Terms of Use. By submitting, posting or displaying the content, you give Meet Jym a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Meet Jym to display, distribute and promote the Services.

You agree that this license includes a right for Meet Jym to make such content available to other companies, organizations and individuals with whom Meet Jym has relationships for the provision of syndicated services, and to use such content in connection with the provision of those Services.

When posting and sharing routines on the Meet Jym routine database, you are confirming the material and content within the routine is of your own original work. The original content must be free of any plagiarism or stolen material to be considered original or of the creator’s design. Each routine submitted is subject to review by the Meet Jym Team for any copyright material. If you are using someone else’s copyrighted materials without permission, you are violating the copyright owner’s exclusive rights as well as the violating the routine submission rules for Meet Jym. Those who violate routine submission are subject to a ban of their account and the immediate removal of the copyrighted workout routine.

You understand that Meet Jym, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your content over various public networks and in various media, and (ii) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Meet Jym to take such actions. You confirm to Meet Jym that you have all the rights, power and authority to grant the above license. It is Meet Jym's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers. If you believe that any materials on the Meet Jym web site or app infringe a copyright, please contact us at talktous@meetjym.com outlining the below:

 

•        An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

(i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)    A description of the copyrighted work that you claim has been infringed, including the URL (Internet address), screenshot of the Platform page, or other specific location on the Service where the material that you claim has been infringed is located.

•        Include enough information to allow Meet Jym to locate the material for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; and explain why you think an infringement has taken place, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.

(iii)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number/email address/full name of the user allegedly infringing the copyrighted work;

(iv)   Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to talktous@meetjym.com. Meet Jym reserves the right to remove content without prior notice. Meet Jym may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Meet Jym employees, agents, personal Trainers using the app, subagents, superagents. Meet Jym also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Meet Jym may remove content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Privacy and Confidentiality

Your personal information will be handled in accordance with Meet Jym's Privacy Policy. To Meet Jym's Privacy Policy, please download the Meet Jym mobile app and find Privacy Policy in settings. Notwithstanding the foregoing, Meet Jym reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Intellectual Property Rights

The Platform, any part thereof, the content and its underlying software (including but not limited to contains material, such as data, software, text, scripts, code, design, photos, graphics, images, sound recordings, music, videos, applications, interactive features, audiovisual works), and other material provided by or on behalf of Meet Jym (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United Kingdom and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content, the Platform, and our Services automatically, you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Meet Jym (“Jamify Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Meet Jym. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Jamify Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Jamify Trademarks inures to our benefit.

Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance. You do not acquire any intellectual property or other proprietary rights under this Agreement, including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to the Software, the Services, or any part thereof. Your only rights to the Software, the Services and any part thereof shall be those rights expressly licensed or granted to you under this Agreement. Any rights not expressly granted under this Agreement are reserved. You may not reproduce or reuse the website, any part thereof, the content or its underlying software for other purposes than the personal use of the Meet Jym Service. Using our trademarks, trade names, copyrighted materials, databases, or other intellectual property items, without our prior permissions may constitute infringement.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Personal Trainers, Meet Jym, its parents, subsidiaries, affiliates, officers and employees, including costs and lawyer/attorneys’ fees, from any and all claims, damages, obligations, losses, liabilities, judgments, costs, debt, expenses and demand made by any third party due to or arising out of: (i) your access to the Services, the Software, and any content obtained by you through the Services or Software, (ii) your use or misuse of the Services and/or Software, (iii) any breach of this Agreement by you, or (iv) your violation of any third-party rights or any applicable laws (v) Meet Jym's use of your user content. (vi) your inability to use the service. Meet Jym reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Meet Jym, at your expense, in asserting any available defences. You will not, in any event settle any claim or matter without the written content of Meet Jym. We don’t support or encourage illegal consumption of alcohol or tobacco.

Warranty Disclaimer

 

The output generated for you by the Meet Jym service may not always be correct or suitable for you, as this is a referral only system which connects Clients with Trainers we also cannot guarantee the legitimacy of personal Trainers claiming to be personal Trainers (in any country), Meet Jym does not vet any users who sign up as a personal Trainer currently, therefore in choosing to purchase a deal, you are doing so at your own risk. You agree that your use of the Meet Jym service shall be at your sole risk. To the fullest extent permitted by law, Meet Jym, its officers, directors, employees, and agents disclaim all warranties, express or implied, are exempt of any liabilities in connection with the service and your use thereof. Meet Jym makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Meet Jym service. Meet Jym does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Meet Jym service or any hyperlinked website or other advertising, and Meet Jym will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate, and again, use this just for fun. The software and services are provided to you “AS IS” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Meet Jym assumes no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided through the services or software. Under no circumstances will Meet Jym be liable for any loss or damage caused by your reliance on information obtained through use of the services or the software. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the services and software is solely at your own risk. Meet Jym has no special relationship with or fiduciary duty to you, and you acknowledge that Meet Jym has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of the Services, including without limitation: (a) your implementation of any exercises provided through the Services, (b) what material you or other users access on or through the Services, or (c) how you or any other user may interpret or use materials accessed through the Services. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.

Waiver and Release

 

Please be advised that:

•        We make no attempt to confirm, and do not confirm, any Trainer’s or Registered User’s purported identity. You are solely responsible for determining the identity and suitability of other people whom you may contact by means of the Platform.

•        We make no representations, offer no assurances, and do not investigate any of our Trainer’s or Registered Users’ backgrounds, qualifications, certifications, credibility, morality, character, actions, or demeanour, and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons. We encourage all users to communicate directly with other users through the tools available on the Platform and to review their profile pages for feedback from other Registered Users.

•        Please be aware of your safety by meeting your Trainer for the first time in a public location, ideally a gym where the training session is going to occur. This is only a recommendation and if you chose to meet the trainer, you are doing so at your own risk and Meet Jym cannot be held liable for any damage to health or otherwise as a result of meeting a Trainer.

•        Although we reserve the right to do so, we typically do not verify information that Trainers or Registered Users submit to the Platform.

•        As stated in greater detail below, we make no, and hereby disclaim all, representations, warranties, claims, and assurances as to any content posted by Trainers and Registered Users.

To the maximum extent permitted by applicable law, you, on behalf of yourself and your heirs, next of kin, spouse, guardians, legal representatives, agents, executors, administrators, successors, and assigns (collectively, the “releasing parties”), agree that such releasing parties shall not have any right or cause of action, and hereby fully, finally, and forever release, indemnify, discharge, and acquit Meet Jym and its past, current, and future members, shareholders, employees, officers, directors, subsidiaries, parent entities, personal  Trainers on our platform, attorneys, principals, trustees, representatives, agents, partners, affiliates, predecessors, successors, operating partnerships, general partners, insurers, reinsurers, and assigns from any and all claims, suits, obligations, costs, damages, losses, claims for sums of money, contracts, controversies, agreements, judgments, and demands whatsoever, rights, liabilities, actions, and causes of action of any nature, known or unknown, suspected or unsuspected, at law or in equity, fixed or contingent, which such releasing parties now have or may claim to have in the future (collectively, “claims”) arising out of, based upon, attributable to, or in connection with your interaction with Trainers and other registered users, any content (including training videos) posted by Trainers and/or other registered users, and any exercise program you may learn about or embark on via the platform. You hereby acknowledge and agree that by interacting with a Trainer on our platform, you have carefully read the foregoing release and indemnification clause and understand the contents thereof. You acknowledge and are made fully aware that neither Meet Jym nor the Trainers on our platform may be medical doctors, certified personal Trainers, licensed nutritionists, or registered dieticians and that Meet Jym and the Trainers on our platform are only providing recommendations to you. You acknowledge before beginning, implementing, or using any and all of recommendations provided, that you should consult a medical doctor.

You hereby acknowledge and agree that it is the intention of the parties that the foregoing release and discharge shall be effective as a bar to all claims of whatever character, nature, and kind, known or unknown, suspected or unsuspected, hereinabove specified to be so barred. In furtherance of this intention, the releasing parties expressly waive any and all rights and benefits conferred upon them.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Termination

 

Your use of the website and its Meet Jym services is at the sole discretion of Meet Jym and Meet Jym. Meet Jym may terminate your account and may deny you to further use it, for example in cases of misuse or failure to comply with any provision of this agreement. If any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If Meet Jym terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Meet Jym reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Service. All parts of these Terms of Service, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. You can also terminate your use at any time. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability. If you wish to terminate this Agreement or your Meet Jym account, you may send a request to terminate your account by emailing: talktous@meetjym.com, which will place your account in a queue to be removed within 30 days. Any and all provisions related to or regarding liability, disclaimers and indemnification contained in the Terms, shall survive any termination of a user’s account, a termination of use of the Website and/or its Meet Jym service, a denial of use or termination of the Terms. If any provision of these Terms is determined to be unlawful, void, or for any reason be unenforceable, then that provision shall be deemed severable for the Terms, and this shall not affect the validity and enforceability of any remaining provisions.

Changes to the Agreement Service

 

Meet Jym may change this Agreement (including the Terms of Service, Privacy Policy and Marketplace Guidelines) from time to time. Any new features or tools which are added to the current Service shall be also subject to the Terms of Use and Privacy Policy. You can review the most current version of the Terms of Use at any time by visiting this page in our Meet Jym app or website. Meet Jym reserves the right to update and change the Terms of Use by posting updates and changes to the Meet Jym app or website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If Meet Jym or Meet Jym does so, it will post the updated terms of this Agreement on its Service and will, if you are registered to use the Service, send you an email to let you know about the changes to the terms. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate it and immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Meet Jym may change, modify, suspend or discontinue any aspect of the Service at any time without notice or liability. Meet Jym may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

User Vetting

 

Clients and Trainers may be subject to an extensive vetting process before they can register and during their use of the Service, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with applicable laws.

Although Meet Jym may perform background checks of Users, as outlined in more above, Meet Jym cannot confirm that each User is who they claim to be and therefore, Meet Jym cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information. When interacting with other Users (client or trainers) on the Service online or offline (in person), you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day. Meet Jym will not be liable for any false or misleading statements made by Users of the Service.

Confidential Information

 

“Confidential Information” shall mean any and all of Meet Jym's trade secrets, confidential and proprietary information and all other information and data of Meet Jym that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

 

You acknowledge that Confidential Information is a valuable, special and unique asset of Meet Jym and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Meet Jym in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Meet Jym upon termination of these Terms of Service for any reason whatsoever.

Complaints

 

If anyone is of the opinion that content placed on the Website is unlawful, he/she can contact us at talktous@meetjym.com and/or file a complaint. After receiving such a complaint Meet Jym may remove the content or make it inaccessible. Under certain circumstances, Meet Jym may be legally obliged to provide your personal data to a third party, including a law enforcement agency or a complaining third party. Meet Jym will inform you whenever a complaint is made with relation to your content.

 

Unauthorised Use

 

You may only use the Website and the App for its intended purposes as set out above. Any other use is prohibited unless agreed to by Meet Jym in writing. Users are not allowed to misuse the Website or the App. Among other things, you may not alter the Website or the App or delete elements (or content) posted by others, collect usernames, e-mail addresses, or other personal data. It is also not allowed to (try to) access someone else’s account. You must promptly notify us at talktous@meetjym.com if you discover any unauthorized use. You are not authorised to present the Website or the App or any part thereof in a “frame” or inline link on any other website. You may also not (try to) copy, decode, reverse engineer, decompile or disassemble the software used by us to provide the Service through the Platform. Unauthorised or illegal uses of the Platform and/or the Service will be investigated and Meet Jym reserves the right to take any actions it deems appropriate. Meet Jym may remove any content or make it inaccessible and may also deactivate an account.

 

Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and the Services. Meet Jym does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Governing Law

 

These Terms of Service shall be governed by English law. Any dispute arising out of or in connection with these Terms of Services shall be dealt with before the English courts and by accepting these Terms of Service; you hereby agree to submit to the jurisdiction of the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Contacting Us

 

If you have any questions about these Terms of Service or about our Services, please contact us by email at: talktous@meetjym.com. Our office address is 27 Old Gloucester Street, London WC1N 3AX.