Terms & Conditions for the use of FreeGym

These terms tell you the rules for using our website www.freegym.co (our site) as well as our services.

Our site is operated by Free Gym Ltd, trading as FreeGym (”we”, “our” and “us”). We are a private limited company registered in England and Wales under company number 10978664 and have our registered office at Free Gym LTD, c/o Xitax Ltd, Pera Business Park, Nottingham Road, Melton Mowbray, Leicestershire LE13 0PB.

We provide an overview of offers from local fitness vendors that you can enjoy free of charge, as well as paid offers, which are usually discounted activities and memberships (together: our services). Free offers range from day gym passes to exercise classes. We also list free community fitness sessions (such as weekly group runs) – these are simple listings rather than offers you claim through FreeGym: there is no voucher, and each session is run under its organiser's own rules.

To contact us, please e-mail hello@freegym.co.

Our site can be accessed and browsed without registration. However, registration will be required to use our services.

By using our site, whether as a registered user or not, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our site and/or our services.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Our site does not specifically target persons under the age of 16. If you are under the age of 16, please do not use our site and do not provide us with any personal information.

By using our site, you warrant that you are at least 16 years of age. If you want to use an offer, whether free or paid, the vendor responsible for the offer may have additional (higher) minimum age requirements and a vendor may verify your identity to ensure you comply with their minimum age requirements. It is your responsibility, not ours, to check the specific terms and conditions of the vendor you use an offer of. Any specific minimum age requirements are displayed in the information accompanying an offer. If a vendor requires you to be of a higher age, you acknowledge and warrant that you are at least of that age when you make use of the offer. We are not responsible nor liable if you do not meet the minimum age requirement.

These Terms refer to the following additional terms, which also apply to your use of our site:

• •Our Privacy & Cookie Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. Amongst others, by using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• •The Terms and Conditions of our vendors that are applicable to offers.

We are acting as a disclosed agent for our vendors. We do not offer services ourselves, but merely conclude contracts on behalf of our vendors in their name. Therefore, you are contracting with our vendors for the service itself, and they are responsible for delivering it. That does not affect your rights against us in respect of anything you have paid us for – see our cancellation and refund policy below – or any rights you have under consumer law.

To be able to use our services, you must register with us and maintain a personal account. You are only allowed to set up one account per user. If you register more than one account with us, either using your own details or that of others or fake details, you will be banned from using our services any further.

You warrant that all information you provide us with, is true, accurate and up-to-date.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by e-mail.

If you want to use our services, you must be fit for physical exercise. When you claim or purchase an offer, we ask you to confirm a short health self-declaration – that you are fit for physical exercise and will seek medical advice before taking part if you are unsure. Completing this declaration honestly is a condition of using an offer. We cannot be held liable for your ill-health nor for any damages, losses and expenses arising in connection with it when you make use of an offer. Some of our vendors may have their own additional health questions or requirements (for example, a gym induction) – when you use an offer, you agree to comply with them.

We display offers of different vendors on our site. These offers range from free day passes to free classes. You may only use 1 free offer per vendor. You are only allowed to use 1 free offer per vendor in a time period of 12 months. Free offers are intended to give you the opportunity to experience a trial free of charge in order to enable you to find the long-term fitness solution that suits you best. Our site and the free offers displayed on it are not intended to be used as a free long-term fitness solution. Therefore, we have a fair use policy in place: you can only use any 12 free offers in a year.

We reserve the right to make changes to offers to correct errors. You acknowledge and accept that if the terms of an offer include obvious errors or errors of which you should reasonably understand its erroneous nature, you may not be able to obtain that offer on those terms.

We may take offline any free offer for whatever reason, without prior warning and without the obligation to replace the offer. Our vendors may also choose to remove a free offer. Removing an offer does not affect one you have already claimed: while the venue is trading, they should still honour it. If they do not, contact us and we will work with the venue to put it right. If a venue has stopped trading, a free voucher can no longer be honoured and there is nothing to refund.

Besides free offers, we also display paid offers of our vendors. These are offers you have to pay for and often include discounted rates for memberships.

We reserve the right to make changes to offers to correct errors. You acknowledge and accept that if the terms of an offer, such as the price, include obvious errors or errors of which you should reasonably understand its erroneous nature, you may not be able to obtain that offer on those terms/for that price and/or may be charged with the correct price afterwards.

Our vendor may remove a paid offer at any time. Removing an offer does not affect a voucher you have already bought: while the venue is trading, they should still honour it. If a venue stops trading before you have used your voucher, contact us and we will refund any unredeemed voucher you bought through FreeGym. Vouchers you have already used cannot be refunded. If a venue is still trading but cannot honour your booking, contact us and we will work with the venue to put it right.

If you change your mind about a paid offer you have not used, you can cancel within 14 days of buying it and we will refund you in full.

If you have already started using it, the law still gives you those 14 days, but you pay for what you have had: we refund what you paid less the value of everything already provided to you. On a course that includes an assessment, a plan or materials given to you at the start, that is more than a single session's share.

To exercise your right to cancel, you can use the refund option on the voucher in your account, or inform us of your decision to cancel by e-mail, in each case within 14 days of the date you purchased the offer.

If you cancel, we will refund you - without undue delay, but not later than 14 days after your cancellation - the full amount paid for the offer.

For a single-visit offer, redeeming the voucher at the venue completes the service and the 14-day cancellation right no longer applies. Where an offer runs over several sessions, see ‘Courses and multi-session offers’ below.

Once you have been to the venue, anything about the service itself is between you and the venue, who provided it – that is true whether the offer was one visit or six weeks. Tell us anyway: we will help the conversation along, and where we think some money is genuinely due we may add credit to your account. That is a goodwill decision, not an entitlement, and it does not affect your rights under consumer law.

Vouchers are valid until the expiry date shown on them, and an expired voucher can no longer be redeemed at a venue. If you paid for an offer and your voucher expires unused, contact us and we will refund the amount you paid or, if you prefer, add it to your account as credit – you never lose money to an expiry date. Free offers simply lapse when they expire. We may, entirely at our discretion, offer a goodwill voucher or credit in other individual cases.

Some offers run over several sessions or weeks – a six-week programme, a block of classes, a course with a start date. When you buy one of these, you are buying a place on that programme, not a set of separately redeemable sessions. The venue reserves that place for you and runs the sessions whether or not you attend, so choosing not to go to some of them does not reduce what has been provided and does not entitle you to a refund for the sessions you missed.

The offer page tells you what the commitment is before you buy – the start date where there is one, how many sessions, the schedule, and the venue’s own rules on missed or rescheduled sessions. Those details form part of the offer, and we save a copy of them to your voucher so you can always see what you agreed to.

Buying a place is a commitment. More than 14 days after the date you bought the offer, there is no right to a refund for sessions you chose not to attend – whether you stopped after the first week or never started at all. The place was held for you and the sessions were run.

Inside those first 14 days the general cancellation right above still applies, as the law requires: unused means a full refund, and already started means a refund less the value of everything provided to you by then.

If a venue cancels sessions, changes the schedule so you can no longer take part, or stops trading part way through, that is a different matter – contact us and we will sort it out with them.

A voucher belongs to the account that claimed or purchased it. Vouchers cannot be sold, transferred or given to anyone else, and a venue may decline a voucher presented by someone other than the account holder (they may ask you to confirm the name on the booking). Anything that looks like farming free offers through multiple or shared accounts is a breach of these Terms and can lead to vouchers being cancelled and accounts closed – see also our fair use policy above.

From time to time we issue discount codes, including the £5 referral codes you can earn by referring friends. The following rules apply to all codes unless the code's own terms say otherwise:

• •One code can be applied per purchase.
• •Each code can be used once per account, unless we have marked it as reusable.
• •Codes may carry a minimum spend, which is shown or stated when you receive the code – referral codes apply to offers of £25 or more.
• •Referral codes are personal to the account that earned them and cannot be transferred or used by anyone else.
• •Codes have no cash value, cannot be exchanged for cash, and may be withdrawn or amended by us at any time in the case of error or misuse.

Discounts from our codes are funded by FreeGym, not by the venue.

After you have redeemed an offer, you can review it – reviews on FreeGym only come from real visits. When you post a review you agree that:

• •it reflects your genuine experience and is not misleading, defamatory, offensive or unlawful;
• •it does not contain anyone else's personal information or infringe anyone's rights;
• •you give us a non-exclusive, royalty-free, perpetual licence to display, reproduce and quote it (with your first name) on our site and in our marketing;
• •reviews are your opinion, not ours – we do not endorse them and are not responsible for their content.

We may decline to publish, or remove, any review that we reasonably believe breaks these rules, and repeated abuse may lead to your account being closed. If you delete your account, your reviews are deleted with it.

If you claim or purchase an offer, we share your name and contact details with the vendor so they can arrange your visit – see our Privacy & Cookie Policy for how vendors may use them. You acknowledge and understand that the terms and conditions of the vendor offering the service apply to you. Our vendors may have additional conditions for use, for example with regards to age and health status. The performance of an offer is the vendor’s responsibility and liability. An offer is governed by the terms and conditions of the vendor. When using an offer, you shall also adhere to the house rules and the policy of conduct of the vendor, if any. Should we receive complaints about your conduct from a vendor, we may block your access to our site.

We are the owner or the licensee of all intellectual property rights in our site, and in the content published on it. This includes, but is not limited to, rights in and attached to texts, graphics, designs, logos, photos, videos, graphic user interface and software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us.

You are not permitted to use our name and logo without our approval, unless they are part of material you are using as permitted under this section. All other trademarks not owned by us that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You should refrain from using these trademarks without obtaining their consent.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree not to misuse our site and the services provides by us or our vendors or help or assist anyone else to do so.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use our services will cease immediately.

You must not test the vulnerability of our site or network or breach or otherwise circumvent any security or authentication measures.

You must not send unsolicited advertisements, communications, promotions or spam.

You must not send altered, deceptive or false source-identifying information, including phishing.

Although we make reasonable efforts to update the information on our site on a regular basis, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We do not assume liability for any errors, omissions and inaccuracies in any information displayed on our site.

Our site contains hyperlinks to other sites. Where our site contains links to other sites and resources provided by third parties, these links are provided for information purposes only. Such links should not be interpreted as endorsement or approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and we do not assume any liability for such content, nor for the proper functioning of links.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not assume liability for any loss or damage arising out of or connected with the use of our site.

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 and for fraud or fraudulent misrepresentation.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the Terms that apply at that time.

We may update and change our site from time to time, for instance to reflect changes to our services, our users’ needs and our business priorities. We will try to give registered users reasonable notice of any major changes.

Our site is made available free of charge and on an ‘as is’ basis. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may terminate or suspend your account or access to our site without notice if you breach any provision of these Terms or any other applicable law or regulation. We may, at our sole discretion, also take additional action, such as involving law enforcement authorities or issuing legal proceedings against you. We may warn you before we take any action. We have the sole and absolute discretion to decide whether you have violated any of these Terms and our decision is always final.

Terminating your access to our site may result in the forfeiture and destruction of all information associated with you.

All provisions of these Terms that by their nature should survive termination shall survive termination.

We may transfer our rights and obligations under these Terms to a third party, whether as part of a sale of all or part of our assets or for any other reason. We will try to give you reasonable notice of such transfer and we will make sure that such transfer will not prejudice your rights and obligations under these Terms.

You may not transfer your rights and obligations under these Terms under any circumstances without our prior consent. Any such transfer shall be deemed null and void.

Each paragraph of these Terms operates separately: if any court or authority decides that any of them is unlawful or unenforceable, the rest remain in full force. If we delay in enforcing any part of these Terms, we can still enforce it later. These Terms are between you and us – no one else has any rights to enforce any of them, and the Contracts (Rights of Third Parties) Act 1999 does not apply. These Terms, together with the policies they refer to, are the entire agreement between you and us about the use of our site.

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

© Free Gym Ltd