online Terms

Terms and Conditions for Online Services and the DropGym Coach Mobile App

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BY SIGNING UP TO A SUBSCRIPTION WITH US OR USING OUR ONLINE SERVICES YOU AGREE TO THESE TERMS, WHICH WILL BIND YOU.

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IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN UP TO A SUBSCRIPTION WITH US OR USE OUR ONLINE SERVICES.

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1. WHO WE ARE

You can find everything you need to know about us (Drop Gym & Co Limited (company number 12747420) with our registered office at First Floor, 5 Fleet Place, London, United Kingdom, EC4M 7RD), and our services at https://www.dropgym.io/online-training before you sign up to a subscription or use our online services. We also confirm the key information to you in writing after you sign up to a subscription, either by email or in the App (as defined below).

2. LICENCE AND ACCESS 

2.1 We:

2.1.1 grant you a licence to use the DropGym Coach mobile application software and the data supplied with the software (App) and any updates or supplements to it;

2.1.2 grant you a licence to use the related online documentation (Documentation); 

2.1.3 grant you a licence to use the digital content we provide to you through the App; and

2.1.4 confirm that you may use the services that apply to your subscription from time to time (our subscription options are detailed below in paragraph ‎3) as detailed on our website https://www.dropgym.io/online-training or any other services that you have purchased (as updated from time to time in accordance with paragraph 17.1.3) and which you connect to via the App,

(the App, the Documentation, the digital content and the services described above shall together be defined as the Services for the purposes of these terms), as permitted in and in accordance with these terms.

2.2 You acknowledge that the operation of the Services or the App may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and we are not responsible to you or any other party for any such interruptions, errors or problems or an outright discontinuance of the Service.

3. SUBSCRIPTIONS 

3.1 We offer three different subscriptions (Subscription(s)) as follows:

3.1.1 Training subscription. This entitles you to the services set out on our website as applying to the Training subscription, as updated from time to time; 

3.1.2 Nutrition subscription. This entitles you to the services set out on our website as applying to the Nutrition subscription, as updated from time to time; and

3.1.3 Training and Nutrition. This entitles you to receive the services that apply to both the Training subscription and the Nutrition subscription, as updated from time to time.

3.2 We also offer members a free trial period before they sign up to a Subscription. The free trial period is subject to change from time to time. Please visit our website www.dropgym.io/signup for further details and your eligibility. 

3.3 If you purchase a Subscription, we will use reasonable endeavours to provide you with the Services that apply to that Subscription.  

3.4 We may also offer the services detailed in paragraphs 3.1.1 – 3.1.3 (inclusive) as well as any additional services that are available from time to time, as non-subscription based packages. Please contact us or ask your fitness coach for further information about these packages.

4. PAYMENT TERMS

4.1 By purchasing a monthly subscription, you agree to pay the initial and recurring monthly Subscription Charges at the then-current rates as detailed on our website https://www.dropgym.io/online-training from time to time (Subscription Charges), and you agree to pay all Subscription Charges until you cancel your membership in accordance with these terms. 

4.2 Subscription Charges will be processed through the Digital Booking & Payment System which can be accessed through our website, through which all payments are processed by third party payment providers. 

4.3 If you choose to pay for a fixed term subscription you must pay in full in advance. 

4.4 Payment can be made via our Digital Booking & Payment System. You will be charged automatically at the beginning of your billing cycle.

4.5 Upon receipt and acceptance of your Subscription we will inform you of the date on which your subscription will begin. If you are on a free trial and your free trial period has lapsed, you will be prompted to upgrade to a paying Subscription, at which point the start date of your paid subscription plan will be displayed to you.

4.6 We shall be entitled to review and amend our Subscription Charges and will notify you in advance of any changes to the Subscription Charges.

5. USE OF THE APP

5.1 Operating system requirements

5.1.1 The App requires an iPhone iOS 11.0 or later, iPadOS 11.0 or later, iPod touch iOS 11.0 or later, a MacOS 11.0 or later, a Mac with the Apple M1 chip device or an android device with the latest operating system. 

5.2 Support for the App and how to tell us about problems.

5.2.1 If you want to learn more about the App or the Services, or have any problems using them, please contact us or ask your fitness coach. 

5.2.2 If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at coach@dropgym.io or call us on +442045749755.

5.2.3 If we have to contact you we will do so by email, using the contact details you have provided to us.

5.3 In return for you agreeing to comply with these terms you may:

5.3.1 download or stream a copy of the App onto any of the devices listed in paragraph ‎5.1.1 above and view, use and display the App and the Services on such devices for your personal purposes only; and

5.3.2 use any Documentation to support your permitted use of the App and the Services.

5.4 You must be 18 or over to use the App or receive the Services.

5.5 We are giving you personally the right to use the App and the Services as set out above in paragraph ‎2. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

6. APP LICENCE RESTRICTIONS

6.1 You agree that you will:

6.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

6.1.2 not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

6.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; and

6.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.

7. ACCEPTABLE USE RESTRICTIONS

7.1 You must: 

7.1.1 not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;

7.1.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);

7.1.3 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;

7.1.4 not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

7.1.5 not use the App to bully, insult, intimidate or humiliate any person; and

7.1.6 not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App and the Services (including in all nutrition plans and workout plans) throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

9. WE ONLY ACCEPT SUBSCRIPTIONS AND ORDERS FOR SERVICES WHEN WE'VE CHECKED THEM 

We contact you to confirm we've received your request for a Subscription and/or your order for non-Subscription based services and then we contact you again to confirm we've accepted it once you have had your consultation with one of our fitness coaches. 

10. SOMETIMES WE REJECT SUBSCRIPTIONS

Sometimes we reject Subscriptions, for example, because our fitness coaches are unexpectedly unavailable, because a credit reference we have obtained is unsatisfactory or because we can't verify your age. When this happens, we let you know as soon as possible and refund any sums you have paid.

11. WE CHARGE INTEREST ON LATE PAYMENTS

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time (or 4% if the base rate is below zero). This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.  

12. WE PASS ON INCREASES IN VAT

If the rate of VAT changes between your order date and the date we supply the Service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

13. WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL 

If our supply of any of our Services is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755 to end the contract and receive a refund for any Services you have paid for in advance, but not received, less reasonable costs we have already incurred. 

14. SUITABILITY OF THE SERVICES

14.1 You are responsible for ensuring that all information you provide is accurate and correct in all respects, and for ensuring that any workout or nutrition plans are suitable for you.

14.2 You acknowledge that the results that can be obtained from nutrition and workout plans provided by us can vary, and that you are responsible for your own results obtained from using our Services.

14.3 You agree that you are aware of the potential risks connected with activity in any physical fitness, exercise or training programme. We will help you make an informed decision about whether you should participate in these activities.

14.4 You agree to complete our online members form via the online dashboard before using any of our Services or signing up to a Subscription. Our online members form will ask you questions relating to your health, wellness and fitness history. You agree that you understand that participating in any exercise or exercise program carries the possibility of physical injury. You should be in good physical condition and able to participate in the exercise. If you engage in exercise, you agree that you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself. 

14.5 Certain injuries can occur when participating in exercise and training, we therefore strongly encourage all members to obtain a physical examination before undertaking any exercise or training demonstrated by us and offered to you on our App or through the Services (it may be that we require a letter from your GP depending on the information you provide us). 

14.6 As part of your membership you may be entitled to sign-up to life and health insurance cover, which we will arrange with our nominated insurer and will be governed by the insurer’s terms and conditions and policy documents, as well as any eligibility or other requirements in place from time to time. Please contact us for further information, including information on the benefits you may be entitled to receive as part of your membership.

14.7 We do not warrant that your use of the Services will be uninterrupted or error-free; nor that the Services, Documentation and/or the App will meet your requirements.

14.8 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services and Documentation and the App may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

14.9 We are not liable or responsible for any loss, injury or damage suffered by any person as a result of the use, misuse, reference to, reliance on or results obtained from any information, instructional videos, audio or training manuals made available on the App or from information obtained from recommended products.

14.10 You hereby agree to indemnify, and hold us and employees, agents, and their respective successors and assignees harmless against any loss, liability, damage, claim, cause of action, cost or expense of any nature whatsoever, including without limitation reasonable legal fees and other legal costs, that arises as a result of your use of the App and any content that features on it. 

15. LEGAL RIGHT TO CHANGE YOUR MIND

15.1 You have a legal right to change your mind about your Subscription and/or non-Subscription based services which you may order and receive a refund of what you paid for it if you entered into a Subscription online or over the telephone. You have 14 days to change your mind if you signed up to a Subscription online or by telephone. This is subject to some conditions and caveats, as set out below. 

15.2 You can't change your mind if you have: 

15.2.1 already download or streamed the digital content for which you have paid; or

15.2.2 already used or received the Services for which you have paid. 

15.3 If you change your mind about your Subscription, you must let us know no later than 14 days after the day we confirm we have accepted your Subscription.

15.4 To let us know you want to change your mind, contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755. 

15.5 We don't refund you for the time you were receiving the Service(s) before you told us you'd changed your mind. 

15.6 We refund you as soon as possible for Services or digital content and within 14 days of you telling us you've changed your mind. 

15.7 We tell you when and how you can end your Subscription during the Subscription process and we confirm this information to you in writing after we've accepted your Subscription including how to end your Subscription via the online dashboard. If you have any questions, please contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755. 

16. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH THE APP OR SERVICES

If you think there is something wrong with the App or Services, you must contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755. We honour our legal duty to provide you with digital content and Services that are as described to you on our website or App and that meet all the requirements imposed by law.

17. WE CAN CHANGE THE SERVICES AND THESE TERMS

17.1 We can always change our Services or these terms:

17.1.1 to reflect changes in relevant laws and regulatory requirements;

17.1.2 to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Services;

17.1.3 to deal with additional features or services which we introduce; and

17.1.4 to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

17.2 If we wish to permanently remove or disable access to the Services we will notify you and you can then contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755 to end the contract and receive a refund for any Services you've paid for in advance, but not received.

18. SUSPENSION OF SERVICES

18.1 We can suspend supply of the Services at any time:

18.1.1 if you are in breach of any of these terms;

18.1.2 to deal with technical problems or make minor technical changes;

18.1.3 to update the Services to reflect changes in relevant laws and regulatory requirements; or

18.1.4 to make changes to the Services or any content.

18.2 We contact you in advance to tell you we're suspending supply of Services or digital content, unless the problem is urgent or an emergency. If we suspend any of the Services for longer than 7 days in any one week we adjust the price so you don't pay for it while it’s suspended. If we suspend supply, or tell you we're going to suspend supply of any of the Services, for more than 14 days you can contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755 to end the contract and we'll refund any sums you've paid in advance for Services you won't receive.

19. WE CAN WITHDRAW SERVICES 

We can stop providing a Service. We let you know at least 7 days in advance and we refund any sums you've paid in advance for Services which won't be provided.

20. WE CAN END OUR CONTRACT WITH YOU

20.1 We can end our contract with you for a Service and claim any compensation due to us if:

20.1.1 you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;

20.1.2 you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services; or

20.1.3 you have broken these terms. If what you have done can be put right we will give you a reasonable opportunity to do so.

21. ENDING YOUR RIGHT TO USE THE SERVICES

21.1 If we end your rights to use the App and/or Services:

21.1.1 you must stop all activities authorised by these terms, including your use of the App and any Services;

21.1.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and

21.1.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

22. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

23. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR SERVICES 

23.1 We're responsible for direct losses you suffer caused by us breaking this contract unless:

23.1.1 it was not obvious that the loss would be suffered and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable);

23.1.2 the loss was caused by a delaying event outside our control; 

23.1.3 you could have avoided the loss by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us; or

23.1.4 it relates to your use of the Services for the purposes of your trade, business, craft or profession as the App is for domestic and private use only.

23.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

23.3 The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain medical, professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

23.4 The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site and in the Documentation) meet your requirements.

24. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY NOTICE

24.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy: https://www.dropgym.io/privacy-policy.

24.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

25. APPSTORE TERMS ALSO APPLY

25.1 The ways in which you can use the App and Documentation may also be controlled by Apple’s and/or Google Play’s appstore rules and policies.

26. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

26.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our Services.

26.2 We may collect location data (but you can turn location services off).

26.3 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time for example by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based Services. 

26.4 You may stop us collecting such data at any time by turning off the location services settings.

27. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US

27.1 Contact our Customer Service Team by email at coach@dropgym.io or by telephone on +442045749755 and we will do their best to resolve any problems you have with us or our Services as per our Complaints policy: https://www.dropgym.io/get-in-touch.

27.2 These terms are governed by English law and wherever you live you can bring claims against us in the English courts. We can claim against you in the courts of the country you live in.

28. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT

28.1 Assignment and other dealings.

28.1.1 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms.

28.1.2 You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under these terms without our prior written consent. 

28.2 Waiver. A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by you or us to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

28.3 Severance. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms. If any provision or part-provision of these terms is deleted under this paragraph 28 we will negotiate with you in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

28.4 Third party rights.

28.4.1 Unless it expressly states otherwise, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

28.4.2 Your rights and our rights to rescind or vary these terms are not subject to the consent of any other person.

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