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payasUgym.com Terms and Conditions & Privacy Policy

DEFINITIONS

Partners: Gyms or Health Clubs Part of the PayasUgym programme.

Product: The main product is passes for entrance into Partner gyms however PayasUgym may from time to time sell other product as to which the following terms and conditions apply.

General Introduction
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

PayasUgym acts as Principal and as a Disclosed Agent for third party suppliers. When PayasUgym is acting as a Disclosed Agent this means is that the contract for the product is between you and the supplier. In most cases this will mean that there are additional terms and conditions governing the contract as each supplier will have terms and conditions relating to that product. Please make sure that you have read these terms and conditions before completing your transaction with us. Where we act as a Disclosed Agent, this will mean that we have no contractual liability to you in respect of that product. However, we may still be liable to you if we have been negligent, we have misrepresented important information or have been in breach of any other relevant law. On the other hand, for other Partners, we act as Principal. This means that the contract for the product is between you and us. We will always let you know where we act as Principal and where we act as a Disclosed Agent. When is a purchase made? A purchase is made at the point a pass is redeemed. At this point a receipt of purchase will be available.

1. PRIVACY POLICY

General Introduction

PayasUgym understands the importance of keeping the information about you that you entrust to us confidential and secure (“Customer Information”). The information we collect may include your personal information, in other words information capable of identifying you as a particular individual, such as your name, phone number, email address, shopping preferences, credit card information (“Personal Information”). We therefore make it our highest priority to ensure that we look after your Customer Information and use it responsibly. By visiting our website or one of our alternative distribution channels such as our WAP, mobile, digital TV services, Interactive Voice Recognition software or other channels as they evolve, or by providing your Customer Information to us or our third party service providers over the telephone, by email or other communication method (“Distribution Channels”), you accept and consent to the collection, storage and processing of your Customer Information as described in this Privacy Policy.

Who Controls your Customer Information?

Customer Information collected by us is controlled by Sandcroft Avenue Limited (trading as ‘PayasUgym’) with its registered office at 2nd Floor, 145-157 St John Street, London, United Kingdom, EC1V 4PY.

Customer Information collected by PayasUgym is stored on a central database hosted by UK Fast our carefully selected third party provider in the UK.

What Personal Information do we collect and how?

PayasUgym collects Customer Information supplied by you and uses it to provide you with a dynamic, personalised and secure service to offer you a truly rewarding online experience. Although in certain instances, we will require you to provide us with your Personal Information, for example, to enable you to set up an account with us or purchase services (and we will make it clear to you at the time what we need from you), you can visit many pages on our website without the need to supply any Personal Information.

PayasUgym may collect Personal Information about you:

  1. when you register an account
  2. when you purchase products and/or services
  3. when you participate in competitions, questionnaires and surveys
  4. when you contact us
  5. when you request membership information from any of our partners via the membership enquiry form
  6. via implicit data capture measures when you visit the website, such as studying which pages you read the most and through the use of cookies.
  7. when you provide certain content to PayasUgym, for example testimonials and customer reviews
  8. from third party sources, for example credit checking agencies

Examples of Personal Information we collect in each case are:

Registration Information
You provide us with your password and email address when you register an account on our website.

Purchaser Information
You provide us with your name, credit/debit card details, including card number, card type, cardholder name, expiry date, billing address and delivery details when you place an order through our website or other Distribution Channels.

Please note although PayasUgym collects credit/debit card details this information is not held by PayasUgym.

Information from Competitions, Questionnaires and Surveys
When you complete questionnaires, surveys or competition entry forms you provide us with your Personal Information including your name, street address, email address and other information we might request.

Contacting us
When you contact us by email you may provide us with your Personal Information for example, name, email address etc.

Implicit data capture
In addition to the information which you may volunteer to us, certain Customer Information is automatically collected when you visit the PayasUgym website via tracking technologies employed by us from time to time such as cookies, flash cookies, web bugs, javascript. These collect Customer Information including technical information from your computer whenever you visit the website such as your Internet protocol (IP) address, your operating system and platform, browser type and version and referrer website as well as providing us with information about your shopping preferences, viewed/searched-for products and on site activity. The information collected by cookies and other tracking methods placed by us is anonymous and does not contain your Personal Information but will simply identify you as a specific number by reference to your hard drive. If you are a wireless user and gain Internet access via a mobile phone you should contact your wireless provider to find out if they collect Personal Information about you.

Cookies
Each website owned and operated by PayasUgym uses cookies (small text files containing a unique identification number). Types of cookies:

Session cookies
Used to maintain something called session state. Session cookies are required for the website to function but are not used in any way to identify you personally.

Permanent cookies
When you visit our website, we will assign a permanent cookie on the hard drive of your computer. You can view these by looking in the cookies directory of your browser installation. As the name implies, permanent cookies last for a long time and each time you visit our website you send us a copy of them allowing us to identify you from visit to visit. For instance, if you were looking at gyms in London last time you were on the website and the next time you visit us we have a great gym promotion, this cookie enables us to recognise you, so that we can show you that deal. The aim is to enhance your experience whilst on the website and make sure you don’t miss out on great offers. Cookies do not contain any Personal Information for example, your name, address, email address, or telephone number, but simply a unique identification number that identifies your computer to us.

Third party tracking devices
We will carry advertising relating to third parties on our website. This advertising is served either directly by third party advertisers or on their behalf by advertising network companies. These advertisers or advertising networks may place cookies, action tags or other tracking devices on your hard drive to assess the effectiveness of their ads. They may aggregate information about your visits to our website and other websites retrieved via such cookies with other information that you may have provided directly to the relevant advertiser or ad network. This Privacy Policy does not cover the use of cookies and other tracking devices by third parties. This will be covered by that third party’s privacy policies and practice and we would recommend that you take a look at these which in most cases will be found on that company’s website.

Opting out
Although you cannot block "session" cookies as they are required for our website to function correctly you can configure your Internet browser so that it can reject both "permanent" and "third party" cookies. How you do this will depend upon the Internet browser you use (for example, Internet Explorer 5, Netscape 4, Opera etc). Refer to the relevant Internet browser manufacturer's website where you should be able to receive all the information you need.

Information from other sources
We may receive information about you from other sources, for example from credit reference agencies to guard against fraud or address, delivery information from third parties engaged for record correction purposes etc.

How do we use your Customer Information?

PayasUgym will use your Customer Information for a number of different purposes including:

  1. For registering Your Account with PayasUgym
  2. For fulfilling orders
  3. For responding to your queries
  4. For improving your onsite experience and providing you with information about products and services, special offers and promotions.
  5. For internal operations and analysis

Registration

We will use the information that you provide to us when you register as a member on the website to set up and maintain Your Account. We will send you a confirmation email notifying you that Your Account has been set up.

Fulfilling orders

When you place an order for services via the website or other Distribution Channels, we will use your purchase information to process the requested transaction, fulfil your order and provide you with the services you expect.

Responding to communications

We may use your Customer Information to respond to your queries for example, about an order or problems logging on, navigating the website or accessing Your Account. In order to address your query, you may be contacted by email, over the telephone, or other communication method by a member of one of our customer services teams. We may also use your contact details to send you follow up information about a purchase. We may contact you via email, phone or other communication channel to respond to suggestions you may send to us (for example about our website, products and services) and to assess and announce the results of surveys, competitions and other contests you may have participated in. For quality assurance and training reasons we record most of our telephone calls with our customers. Some information including customer e-mails received by PayasUgym may be used by us for testimonials though your Personal Information, such as e-mail address or contact details, will never be displayed publicly by us.

Improving your experience

We use the information gathered from your permanent cookie file (see Cookies above) in conjunction with other Customer Information provided by you, so that we can create a more effective website by assessing content and traffic flows on the site. We use this information to provide you with a more personalised experience on the website, help you to navigate the site effortlessly and to display particular products and services that we believe may be of interest to you.

When you register Your Account or place an order via our website or other Distribution Channel, we may use your Customer Information to contact you with details of special offers, promotions and other information and to send you our newsletters where we think these will be of interest.  You can change your preferences and unsubscribe for such communications at any time by visiting Your Account section of the website or by using the unsubscribe link at the bottom of emails you receive from us.

Internal administration and fraud prevention

We may also use your Customer Information for internal administration, analysis and quality assurance purposes, including fraud prevention.

Who do we share your information with and why?

PayasUgym will only share your Customer Information with its carefully selected third party partners and providers as necessary for business administration, customer delivery, marketing and operational, analytical or other purposes as set out below. Except with your expressly given consent, we will only share your Customer Information as described in this Privacy Policy.

Third party suppliers

PayasUgym engages carefully selected third party partners, including service providers, joint venture partners and outsource providers to perform various functions on our behalf. To the extent required to perform such functions on our behalf, these companies may process your Customer Information. Such functions include, processing purchases and providing associated information, delivering products and services, processing credit card payments, providing search results, communicating with you, including providing customer service, via telephone, email, post or otherwise and for promotional activities.

We may also share your Customer Information with third parties for the purpose of data analysis, quality assurance (including fraud prevention).

Various pages on our website contain links (including via ads) to third party websites. Once you have exited our website via such a link, any further data you provide will be collected by or on behalf of the third party responsible for that website and therefore subject to the privacy policy and practices of that third party rather than to this Privacy Policy. We cannot be responsible for any third party’s use of your Customer Information and recommend that you check the specific terms on the relevant third party’s websites relating to the use and disclosure of your Customer Information.

To the extent that any third party has access to your Personal Information to provide functions on our behalf, their use of this information will be limited solely to providing those functions and for no other purpose. Any Personal Information processed by our group companies will be in accordance with the terms of this Privacy Policy or similarly stringent conditions and as permitted under applicable data protection laws. We place contractual restrictions on our non-group third party partners who receive your Personal Information, to ensure that they use this in accordance with this Privacy Policy and applicable data protection laws.

Third party vendors, including Google, show PayasUgym ads on sites on the internet.

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to our website.

Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page.

Business restructuring

Like any other organisation, from time to time PayasUgym may restructure its business operations by selling one or more of its businesses (or part of a business). In such transactions, your Customer Information could be transferred as part of the relevant sale. If this is the case, we would contact you to let you know.

Compliance with laws and regulations

We may disclose your Personal Information to third parties, such as official bodies and our professional advisers, as far as we believe necessary (i) to comply with relevant laws, orders or regulations, (ii) to enforce our customer terms and conditions of use or other contractual agreements and (iii) to protect the property and other rights of PayasUgym, its group companies, customers and others (for example, in any way relating to protection against fraudulent activities.

How do we keep your Customer Information secure?

In the UK we operate and are registered in accordance with applicable UK data protection legislation.

We use leading technological and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your Customer Information through collection, storage and disclosure. Such measures include maintaining a secure encryption based transmission system, intrusion detection and prevention software and virus protection software in respect of Customer Information.

How can you control your Customer Information?

PayasUgym understands that it is important that you have control over your Customer Information.

You can view and change My Account settings and information, including your contact email address by visiting the ‘My Details’ section in My Account on the website. In particular, if you do not want to receive special offers and promotional communications from PayasUgym you can set your preferences to opt out via My Account or by using the unsubscribe link at the bottom of emails you receive from us.

Changes to this Privacy Policy

PayasUgym may amend this Privacy Policy from time to time and will notify you of any material changes by displaying the revised Privacy Policy on our website.

2. SITE ACCESS

You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible only if you have registered.

3. USE OF WEBSITE

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

Subject to paragraph 2, no part of this Website may be reproduced without our prior written permission.

Customer are allowed to create one account only on PayasUgym. We reserve the right to close all the accounts of any user that is suspected of creating multiple account to take advantage of promotions or referral offers.

4. SITE UPTIME

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

5. WEBSITE VISITOR CONDUCT

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this Website any material:

  1. for which you have not obtained all necessary consents;
  2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
  3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.

6. LINKS TO AND FROM OTHER WEBSITES

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

  1. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  2. you do not misrepresent your relationship with us or present any false information about us;
  3. you do not link from a website that is not owned by you; and
  4. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

7. DISCLAIMER

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

8. EXCLUSION OF LIABILITY

When you exchange a pass for entrance to any of our Partner’s premises within the PayasUgym programme, PayasUgym, its officers, agents and/or consultants have no liability whatsoever in contract, tort, or otherwise for your acts, omissions or opinions and is in no way responsible for the behaviour or within any of the Partner’s premises. This means that PayasUgym is in no way liable or responsible for your health and safety at any time.

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

9. TERMS OF USE FOR AN eWALLET

Sandcroft Avenue Ltd stored value is exempt from the Electronic Money Regulations 2011 because funds can only be used to buy a limited range of services from www.PayasUgym.com. The funds in your Account can only be used to purchase goods from PayasUgym. The funds in your Account cannot be used to purchase any goods directly from the gyms or facilities listed on PayasUgym. The minimum amount you can ‘top-up’ onto your Account is £1. Your Account funds cannot exceed a maximum of £100. You are only able to withdraw funds to credit or debit card already used to ‘top-up’ funds into your Account. A £1 administration fee is charged to withdraw funds from your Account. This £1 is charged to cover the bank charges and administration expenses that we incur from this transaction. If a period of 24 months passes with no orders placed, we will assume that your account is no longer active and your Account balance will expire.

10. TERMS OF USE FOR DIFFERENT TYPES OF PASS

General Terms

A pass is a unique alpha numeric code purchased by you and only applies to and is valid to be redeemed at the selected gym Partner for entrance to their facilities.

1 Session Pass

All 1 Session passes are valid for one single entrance to the gym it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked ‘Expired’ in the ‘My Account’ section. You may refund an unused 1 Session pass at any point during its 30 day validity period. Refunds for 1 Session passes are in the form of bonus credit, which can be used to purchase any of the products on our website, and will be valid for 30 days from the date of the refund.

Once used, a 1 Session pass may not be refunded. We do not want our customers to lose the value of any pass and therefore we will e-mail you and let you know when a pass is about to expire.

A 1 Session pass purchased with bonus credit can be refunded, however the bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used. A 1 Session pass purchased with a ‘First Pass Free’ promotion can be cancelled but no funds will be transferred back into the registered user’s account.

Bundle passes (FitFix 5)

Bundle products are multiple single use passes which are sold at a discounted price than the corresponding individual pass. Bundle products are valid for 30 days from the date of purchase. Unused bundle products are refundable within 7 days of purchase.

1 Month and 3 Month passes

1 Month and 3 Month passes are valid for an unlimited number of entries to the club that they have been purchased for. 1 Month and 3 Month passes are only valid for the individual who has purchased them. 1 Month passes are valid for 30 days from date f purchase. 3 Month passes are valid for 90 days from date of purchase. Unused 1 Month and 3 Month passes are refundable within 7 days of purchase. Refunds for unused 1 Month and 3 Month passes are in cash, which may be withdrawn from your PayasUgym account, subject to a £1 transaction fee.

Bundle passes

Bundle products are multiple single use passes which are sold at a discounted price than the corresponding individual pass. All bundle products are non-refundable.

11. MINIMUM AGE TO PURCHASE A PASS

You have to be aged 18 years or above to purchase a pass. However some of our Partners allow parents and other legal guardians to purchase passes to be used at Partner gyms for children under 18 in their care. This is most likely to be the case for Local Leisure Centre facilities where swimming passes are available. As it is entirely under the discretion of the gym you are advised to check with the Partner that you intend to visit if you would like to purchase a pass for children less than 18 years of age.

12. CONTACTING PayasUgym

You can contact the PayasUgym team at info@PayasUgym.com and we will make every effort to reply to your query within 24 hours of receiving you e-mail. We really appreciate any feedback so please do not hesitate to contact us.

Alternatively you can write to us at:

Sandcroft Avenue Limited
2nd Floor
145-157 St John Street
London
United Kingdom
EC1V 4PY

We welcome any feedback, comments or complaints.

13. GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

14. OPENING HOURS

Gym opening hours will be clearly shown on the website. For some gyms the price of the 1-day pass will vary by peak and off-peak times. Peak and off-peak times may vary within a particular day and be different for days of the week. Peak and off-peak opening hours will be clearly shown on the website and iPhone application. A 1-day pass bought for off-peak period will only work for an off-peak period. A pass bought for a peak period will be valid for peak and off-peak periods. During bank holidays and other occasion the gym may change opening times without informing PayasUgym, however we aim to keep the information on PayasUgym as up-to-date and correct as possible for our customers.

15. FEEDBACK ON GYMS

You are able to leave feedback on the gyms you have visited. Unlike other feedback websites all of the feedback on PayasUgym has been left by customers that have visited the gym in question. Once you have redeemed a pass at a gym you will automatically be prompted to leave rated feedback for gyms on a number of criteria and you will also be able to write a short comment on your experience.  All feedback will be used to provide feedback to gym Partners to help them improve the customer experience they offer. Free text feedback is published if deemed to be a fair and true representation of a customer’s experience. PayasUgym will share all customer feedback with the gym in question and may allow the partner gym to respond to feedback where appropriate. By agreeing to these Terms & Conditions you agree to only provide helpful and constructive feedback that represents and honest account of your experiences. We really appreciate your time to help other gym users and our Partner gyms by leaving feedback on your experiences.

16. FRIEND REFERRAL SCHEME

As a PayasUgym customer you can introduce your friends to PayasUgym and be rewarded with 'Account credit' if that customer completes the necessary steps. For each customer that uses your referral code when registering and then goes on to purchase and redeem one pass you will be rewarded with £5 worth of 'Friend credit'. 'Friend Credit' can be used to purchase passes just like normal Account credit you have added. The 'Friend credit' is not refundable and therefore cannot be withdrawn from your account. Where applicable 'Friend Credit' will be used before 'Added Credit' (credit you have added) for any purchases. The friend that you refer will receive £5 bonus credit, the terms and condition of which are explained below under ‘Bonus Schemes’.

17. MEMBERSHIP ENQUIRIES

PayasUgym do not own or operate any gyms, and do not sell membership products directly. We make it possible to submit membership enquiries to participating clubs directly via clear links on our website and in our email communications. When you submit a membership enquiry your details are passed to that gym, and to other gyms in the area if you have indicated that you wish to receive membership deals from other gyms. This is the only instance in which PayasUgym make your contact details and information available to the clubs that advertise via our website. We are not able to guarantee that you will receive a response from the gym(s) that you have contacted. Any membership agreed is an undertaking between yourself and the gym. PayasUgym make no guarantees and accept no responsibly on behalf of gym operators in respect of the membership products that they sell. PayasUgym do not handle membership cancellation queries, or mediate disputes over membership agreements between customers and gym operators.

19. BONUS SCHEMES

PayasUgym will run Bonus Schemes through which users may be rewarded with Bonus Credit, free passes, or additional discounts. Bonus Credit may not be exchanged for real money, and is valid for 30 days from date of issue. Bonus credit not used during its 30 day validity will expire and the value will be lost.

Bonus Schemes may run from time to time or on an ongoing basis, and may vary in both the level of the reward offered and the terms of the specific scheme. In each instance the bonus scheme will state clearly the required steps to qualify, the reward offered and the eligibility criteria for the scheme.

  1. Registration Bonus – Registration Bonus schemes reward new users with free credit or a discount when they create an account. Registration Schemes are only applicable for new registrations, and may not be applied to users who have a pre-existing PayasUgym account.
  2. Feedback Bonus – PayasUgym places significant importance on customer feedback, and as a result incentivise our users to leave feedback after each gym visit. We award £5 Bonus Credit for each 5 approved feedbacks a user leaves.
  3. Friend Referral Bonus – Registered PayasUgym users may refer friends. Referred customers receive £5 Bonus Credit upon successful registration. Referring customers will receive £10 Bonus Credit only when the Referred customer uses their first pass at the gym.

18. PROMOTIONS TERMS & CONDITIONS

From time to time PayasUgym will run promotional offers in the form of vouchers and discounts that can be applied to user accounts. Promotions that are offered as valid for new customers only may not be applied to existing accounts or individuals who already have a PayasUgym account, whether active or dormant. In all cases promotional vouchers cannot be transferred to other users. Vouchers may only be redeemed against the purchase of products on the PayasUgym website and are not valid for use directly at the gym.

19. FURTHER INFORMATION

If you have any questions relating to our Terms and Conditions please contact us at:

Sandcroft Avenue Limited
2nd Floor
145-157 St John Street
London
United Kingdom
EC1V 4PY

© Copyright Sandcroft Avenue Limited trading as PayasUgym 2014. All rights reserved.