Partners: Exercise Venues Part of the PayAsUGym programme.
Product: The main product is passes for entrance into Partner Venues however PayAsUGym may from time to time sell other product as to which the following terms and conditions apply.
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.
PayAsUGym may change this policy occasionally by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
We promise to keep your data safe and private. We promise not to sell your data and to give you ways to manage and review your marketing choices at any time.
The type of information we may collect includes:
At the point of purchase our website requests card details or a Paypal payer ID if PayPal is the payment method. These details are stored differently based on the payment method:
When paying by card the following details are sent directly to our secure Third Party Payment Gateway Company (Braintree) without these details being stored by ourselves:
Our payment gateway will return a token to us - a randomly looking combination of letters and numbers - which we store, to display the previously used card type and last 4 numbers at future purchases, in addition this token allows us to charge the card without storing the card details itself.
If Paypal is used as the payment method we store the Paypal payer ID which can then be used for future purchases.
Where an individual has provided their personal details as contact information for their business we may collect the following personal data:
PayAsUGym will use your personal information for a number of different purposes, which are listed below, along with which of the reasons we rely on to do so.Providing the functionality of our platform
We engage in these activities to manage our contractual relationship with you.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, because we have a legitimate interest, or with your consent.
We engage in this activity with your consent, or where users have actively purchased or registered on the PayAsUGym website within the six months leading up to 25/05/2018, on the basis of legitimate interest.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, because we have a legitimate interest, or with your consent.
We engage in the activities because we have a legitimate interest
To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you in order to improve the service and marketing that you receive from PayAsUGym.
Selected personal information including your name, emergency contact details and health questionnaire responses will be made available to any gym Partner whose venues you visit for the following purposes:
In order to provide our service, we may need to provide your information to our trusted third party service provider, for example:
If you would like further information on the specific service providers we share your information with, please do contact us on firstname.lastname@example.org.
Unless otherwise described in this Policy, we may also share the information that we collect from you through the website with affiliates, agents, contractors, employees, and other service providers, and also according to law, at the request of a law enforcement agency or in compliance with any court order.
As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions or where there is any change of control of PayAsUGym, personal information may be among the transferred assets.
We will not sell, distribute or lease your personal information to third parties unless we have your permission, are required by law to do so or it is required for the provision of our services as detailed above. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
Data security is of great importance to us. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected via this website or app.
When you visit payasugym.com or any websites related to PayAsUGym you may notice some cookies that aren't related to PayAsUGym itself. We don't control the setting of these cookies and we suggest you check the third-party websites for more information about their cookies and how to manage them.
Some of the business partners that may set cookies on payasugym.com and it’s related websites include:
|Bing Ads, Facebook Ads, Google Adwords, Hubspot, Google Tag Manager, Mention Me, TV Squared, Affiliate Window||Track our advertising, marketing and referral activity and performance. We use the information collected by these cookies to help us determine where our ads, marketing and referral activity will be most effective both online and offline and to improve our ad targeting.|
|Facebook Connect||Allow registration and use of our website using a Facebook account.|
|Google Analytics, Convert, Mouseflow, New Relic, Qualaroo, Polldaddy, Survey Monkey||These platforms collect data that helps us understand how our website performs and how customers enter, navigate and use our website to further improve our customer experience.|
|Paypal and Braintree||Our payment providers may set cookies to identify devices or other information about the user for the purpose of detecting and preventing fraud.|
|Zendesk / Zopim||Functioning of the Customer Support Chat application used on our site.|
The following is a list of the rights you have under Data Protection legislation. Not all these rights apply in all circumstances.The Right to be Informed
You have the right to be informed in a concise, transparent, intelligible, and easily accessible way about how we use your personal information.The Right of Access
You can make what is called a subject access request for a copy of the information we hold about you.The Right to Rectification or Correction
You have the right to have inaccurate information corrected and incomplete information completed. If the information we need to deliver our services to you changes, please tell us about this as soon as possible. If you would like to review, correct or update personal information that has been previously provided to us by you, you may log in to your account, click on “Settings” and update your information. For example, if you would like to change your email address or phone number.The Right to Restrict Processing
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you. Where you have provided your consent to the processing of your personal information by PayAsUGym you may withdraw your consent at any time by sending a communication to PayAsUGym specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, you have the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing and pending the verification whether the legitimate grounds of PayAsUGym override your own.The Right to Data Portability
You have the right in some circumstances to have the data you have provided to us sent to you or provided to another person or business in an electronic machine-readable format.
A copy of the information you have provided us with will be available for download in your PayAsUGym AccountThe Right to Object
You will normally have the right to object to how we intend to use your information based on your individual circumstances. You have an absolute right to object to us using your personal information for the purpose of direct marketing at any time. You can update your communication preferences in your PayAsUGym Account at any time.Rights in Relation to Automated Decision Making and Profiling
You are entitled to require PayAsUGym not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing PayAsUGym will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.The Right to Erasure
We generally retain your personal information for a period of 3 years after your last active use of our website or app (in line with our legal obligation to keep order information for this duration for tax, legal reporting and auditing obligations).
You have a right to have some or all of the information we hold about you erased in some circumstances. This is known as the right to be forgotten. If you no longer want us to keep your information, you can request that we erase your personal information and close your PayAsUGym Account. If you have objected or complained about how we have used your information or its accuracy you may not want it to be deleted until your complaint has been resolved. Please note that if you request the erasure of your personal information:
If you want to exercise any of your rights, please contact the Data Privacy Manager on email@example.com (FAO Data Privacy Manager) and we will act upon your request within 1 calendar month. Please note that we will only be able to accept a request from the email address the account in question is registered to. If you no longer have access to this email address, we will need you to verify your identity once the request has been received, the 1 month actionable period will start from the date your identity has been successfully verified.
Please let us know if you are unhappy with how we have used your personal information. We would always appreciate the opportunity to resolve your complaint for you in the first instance. You can contact us by emailing firstname.lastname@example.org. You also have the right to complain to the regulator and to lodge an appeal if you are not happy with the outcome of a complaint. In the UK, this is the ICO, who can be contacted here: https://ico.org.uk/concerns/.
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.
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.
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.
When using this website you shall not post or send to or from this Website any material:
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.
We reserve the right to permanently suspend any user on the grounds of behaviour that we or our Partners, in good faith, deem at our mutual or sole discretion to be threatening, abusive or antisocial in any way. We operate a 'banned from one, banned from all policy' whereby if you are permanently suspended from one venue within the PayAsUGym network you may be banned from all.
Please also note that whenever you present your Pass Code for redemption at a venue you are agreeing to accept and abide by the terms and conditions of use governing that venue (which can be requested from the venue on arrival as required). Therefore any breach of venue-specific terms and conditions may result in a ban from all venues on the PayAsUGym platform.
We will always respect our Partners right to refuse entry to any guest who does not comply with their terms and conditions.
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:
If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
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.
A ' Pass Code ' is a unique numeric code purchased by you and only applies to and is valid to be redeemed at ‘Partner Venues’ for entrance to their facilities. On arrival you will be required to present your Pass Code for redemption and in doing so you agree to accept and abide by the terms & conditions of use governing that venue which can be requested from the venue on arrival as required.
Please note that we recommend all of our gym Partners request that you provide them with proof of identity on arrival at the gym in order to ensure you are the purchaser of the Pass Code. Acceptable forms of identification typically include passport, driving licence, ID card etc. However, please read the venue description carefully as a small number of venues will insist on photographic ID only. Where this is the case we include a note to this effect on the venue description.
Please note that each Pass Code you purchase will only grant you access to a venue. You may not share your codes with others, or purchase codes on behalf of someone else. If you cannot provide ID which matches the Pass Code purchaser details then you will be prevented from accessing venues.
When using PayAsUGym services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
DAY PASS. All One Day Passes are valid for one single entrance to the gym it was purchased for, and can be used within a period of 30 days. If a pass is not used within the 30 day validity period the pass will be invalid and you will lose the value, this pass will be marked ‘Expired’ in the ‘My Account’ section. You may refund an unused One Day Pass at any point during its 30 day validity period. Refunds for One Day Passes are in the form of bonus credit, which can be used to purchase any of the products on our website, and will be valid for 30 days from the date of the refund. Once used, a One Day Pass may not be refunded.
A One Day Pass purchased with bonus credit can be refunded, however the bonus credit will only be credited back into the account if it is valid and has not expired during the period while the pass was not used. A One Day Pass purchased with a ‘First Pass Free’ promotion can be cancelled but no funds will be transferred back into the registered user’s account.
BUNDLES OF DAY PASSES . Bundle products are multiple single use passes which are sold at a discounted price than the corresponding individual pass. A 5 Day Pass will give the user access to the venue the pass was purchased for for 5 times within the 30 day validity period. A 10 Day Pass will give the user access to the venue the pass was purchased for 10 times within the 60 day validity period. Unused bundle products are refundable within 14 days of purchase through Customer Service. Bundle products will not be refunded once they have been used. In the exceptional circumstance that a venue closes down before the entire pass has been used, the user will be refunded for their remaining visits, at the discounted price that the passes were purchased for.
30 AND 90 DAY PASSES. 30 Day and 90 Day Passes are valid for an unlimited number of entries to the club that they have been purchased for. 30 and 90 Day Passes are only valid for the individual who has purchased them. 30 Day Passes are valid for 30 days from the selected start date. 90 Day Passes are valid for 90 days from the selected start date. Unused 30 and 90 Day Passes are refundable within 14 days of purchase. Refunds for unused 30 and 90 Day Passes are in cash, which may be withdrawn from your PayAsUGym account, subject to a £1 transaction fee.
CLASSES. As-You-Go Classes can be cancelled 12 hours before the start of the class. This will be refunded to your PayAsUGym account as bonus credit. You will be unable to cancel within 12 hours of the start time of the class, and you will not receive a refund for the booked class if you're unable to attend.
We take all reasonable measures to ensure that the class timetables on PayAsUGym are up-to-date. There may be some occasions where the information that we have on the website has not been updated. In these instances, a refund will be processed in the form of credit by which the pass was originally purchased.
Monthly passes are valid for an uncapped number of entries to the club that they have been purchased for. All monthly passes are valid only for the individual who has purchased them. A maximum of 50% of the total payment for any Monthly Pass can be made using bonus credit.
RECURRING BILLING OF MONTHLY PASSES . All Monthly Passes will be billed monthly, on the same date each month. By starting your Monthly Pass you authorise us to charge you a monthly membership fee, the 'Monthly Renewal Payment', at the then current rate. A maximum of 50% bonus credit can be applied for recurring monthly payments.
PAYMENT METHODS FOR MONTHLY PASSES . You may edit your payment method information at any time by logging into your account or by contacting Customer Service. If an applicable payment is not successfully settled, for any reason, you remain responsible for any uncollected amounts.
CANCELLATION OF MONTHLY PASSES (outside of initial 14-day membership period). Monthly Passes with a minimum period of 1 month can be cancelled at any time after the first 14 days after the first purchase (where the first purchase counts only as the initial Monthly payment, not a renewal payment) to prevent the next Monthly Renewal Payment from being billed. The user will be able to use the Pass until the end of their current monthly billing cycle once cancelled. UNLESS EXPRESSLY STATED TO THE CONTRARY HEREIN, OR AS PROVIDED BY APPLICABLE LAW, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such refunds or discounts and the decision to provide them, are at PayAsUGym's sole and absolute discretion.
RIGHT TO CANCEL WITHIN 14 DAYS OF PURCHASE FOR MONTHLY PASSES. The user has the right to cancel their Monthly Pass within 14 days of the initial sign up date (where the initial sign up date is the date of the first Monthly payment, not a renewal payment) without giving any reason. The user can cancel the membership through their PayAsUGym or by contacting Customer Service. An Admin fee will be charged if the Pass has been used within the initial 14 days, calculated using the day pass price of the venue that the user has purchased the pass for, multiplied by the number of visits made to any venue prior to cancellation. We may at our own discretion waive any fees incurred. We will make any reimbursements no later than 14 days after the day on which we are informed about your decision to cancel your membership.
ACCESS TO OTHER VENUES WITH A MONTHLY PASS. With a Monthly Pass, the user will be able to access all the gyms included with their pass, an up to date list of venues included will always be available via the customer’s account. Access to venues is worked out using the price the customer pays, and the gym’s own PayAsUGym monthly pass price. Access to venues may vary depending on price changes to the monthly pass price, and availability of the monthly pass at each venue. A list of available venues that you can visit with your Monthly Pass will be available in your PayAsUGym account when logged in.
You have to be aged 16 years or above to purchase a pass. However some of our Partners allow parents and other legal guardians to purchase passes to be used at Partner gyms for children under 16 in their care. This is most likely to be the case for Local Leisure Centre facilities where swimming passes are available. As it is entirely under the discretion of the gym you are advised to check with the Partner that you intend to visit if you would like to purchase a pass for children less than 16 years of age. Some of our Partners do require customers to be at least 18 years of age in order to purchase a pass, this will be made clear at time of booking.
We do from time to time, we make vouchers and discounts available through affiliate websites or email promotions. Where applicable, the expiry date and validity period of a voucher or discount will be stated in any communications from us. We cannot guarantee the validity of voucher codes or discounts on websites not endorsed by ourselves. Vouchers and discounts will vary in their validity of use towards different passes.
Vouchers and discounts cannot be used in conjunction with one another, unless explicitly stated – where a second voucher is applied to an account, the original voucher will be overwritten and its discount will be lost. Vouchers are non-transferrable and have no cash value. Placing a voucher for sale is strictly prohibited and will ensue in the voucher being made void.
To redeem a voucher, you must present the code at checkout, or through the voucher section of ‘My Account’ prior to checkout. Where the voucher, discount or promotion takes the form of bonus credit (including bonus credit received in return for leaving feedback), unless otherwise stated, once added to an account the bonus credit will be valid for 30 days.
PayAsUGym reserves the right to reject a voucher with reasonable cause, and to withdraw any offer at any time without warning.
REFERRER REWARDS The referrer is offered £10 off for each friend who orders for the first time. This offer can be shared for 6 months from the date of acceptance by the referrer. In order for the referral to qualify for the reward the referred friend must be a new customer to PayAsUGym and over the age of 16 and the referred friend must meet the conditions of their reward. There is no requirement for the referrer to be an existing PayAsUGym customer. In order to share this offer the referrer must be over the age of 16. Rewards will be cumulative and so if multiple qualifying referrals are made to PayAsUGym, multiple rewards will be delivered to the referrer, subject to a limit: a Referrer may not earn more than 5 within any 24 hour period or 25 within last 12 months or 1500 GBP of reward value within last 12 months. Rewards will be delivered to the referrer on the day of the referred friend's purchase provided the referred friend's purchase is not cancelled. The Referrer will be notified by email once a referred friend has purchased and when the reward has been earned. Rewards will be valid to add to a PayAsUGym account for 3 months from the date earned by the referrer. Once added to a PayAsUGym account, rewards will be valid for 30 days. Referral rewards cannot be combined with other discount codes in a single order.
REFERRED FRIEND REWARDS The Referred friend is offered 50% off when they complete their first pass purchase. The reward is valid for 3 months from the point of issue to the referred friend. In order to qualify for the reward the referred friend must be a new customer to PayAsUGym and over the age of 16. Any rewards will be revoked if a refund is requested on the order for which the reward was offered. The Referred friend reward cannot be claimed by the same person making the referral. Referred friend rewards cannot be combined with other discount codes in a single order. The reward is valid for one pass purchase only – it is not valid for multiple months of a subscription pass, or for multiple passes purchased in the same transaction. Only new customers can be referred. To qualify, a user must have registered less than 3 days ago, and have taken no actions on their account. Customers are only permitted to create one account on PayAsUGym. We reserve the right to close all the accounts of any user that is suspected of creating multiple to take advantage of promotions or referral offers.
PayAsUGym reserves the right to refuse the issue of any reward to any Referred Friend or Referrer at any time. PayAsUGym reserves the right to vary any and all elements of this offer at any time without notice.
We incentivise users to leave feedback for their gym visits. Feedback must be useful, original, and inoffensive to be approved. If it does not meet this criteria, or for any other reason we do not think that it should be made available on the website, PayAsUGym may reject the feedback and this will not count towards your feedback bonus credit. For each 5 pieces of approved feedback, the user will receive £5 bonus credit. This credit will be valid on a user's account for 30 days once applied.
You will be notified via email if your feedback has been rejected, and you will have the opportunity to leave any rejected feedback again.
Feedback will be processed within 3 days of it being left by the user. If it is not showing on the website within this time, it might have been sent to the Partner to request their response. We give partners 3 days to respond to feedback, before it automatically is set to live on the website.
The visits available to leave feedback for will be visible in a user’s account. Feedback can be left for every visit with a Day Pass, and every first, fifth, tenth visit etc per venue with a FitFix 5, FitFix 10 or Monthly Pass.
PayAsUGym reserves the right to change or remove this promotion at any time, without notification.
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 your 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
25.1 Coda Studios
189 Munster Road
We welcome any feedback, comments or complaints.
This Legal Notice shall be governed by and construed in accordance with English law. The English courts shall have exclusive jurisdictions to settle any claim or dispute which might arise out of or in connection with these terms and conditions.