Terms of Service

Please read these terms carefully before using our services

Last Updated: 1 April, 2023

These Terms of Service ("Terms") govern your access to and use of the BestGymsGuide website (bestgymsguide.com), services, and applications (collectively, the "Services") provided by BestGymsGuide ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Using Our Services

1.1 Eligibility

To use our Services, you must be at least 16 years old and capable of forming a binding contract with us. If you are accessing or using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.2 Acceptable Use

When using our Services, you agree to:

  • Comply with all applicable laws and regulations
  • Respect the rights of others, including their intellectual property rights
  • Provide accurate and complete information when submitting gym information
  • Use the Services only for lawful purposes and in accordance with these Terms

1.3 Prohibited Activities

You must not:

  • Use our Services in any way that could disable, overburden, damage, or impair the Services
  • Access or attempt to access any part of the Services by any means other than through the interface that we provide
  • Attempt to gain unauthorized access to any part of the Services or any systems or networks connected to the Services
  • Use automated means or processes to access or use the Services without our express written permission
  • Use the Services to transmit any malware, spyware, or other malicious code
  • Engage in any activity that interferes with or disrupts the Services
  • Submit false, misleading, or inaccurate information about gyms
  • Impersonate or attempt to impersonate another person or entity
  • Collect or store personal data about other users without their consent

2. User Content

2.1 Gym Submissions

When you submit information about a gym, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display that information in connection with providing our Services.

You represent and warrant that:

  • You own or have the necessary rights to submit the information
  • The submission of the information does not violate the rights of any third party
  • The information you submit is accurate and complete to the best of your knowledge

2.2 Content Moderation

We reserve the right to review, edit, or remove any content submitted to our Services for any reason. We have no obligation to monitor user content, but we may do so to ensure compliance with these Terms, applicable laws, or our policies.

3. Intellectual Property Rights

3.1 Our Intellectual Property

The Services and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, and software, are owned by us, our licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

3.3 Restrictions

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as expressly permitted
  • Use any illustrations, photographs, or graphics separately from the accompanying text
  • Delete or alter any copyright, trademark, or other proprietary notices
  • Access or use the Services for purposes of competitive analysis, creating similar services, or for any other purpose not expressly permitted by these Terms

4. Privacy

Our Privacy Policy, available at bestgymsguide.com/privacy-policy, explains how we collect, use, and share information about you when you use our Services. By using our Services, you agree to our collection, use, and sharing of information as described in the Privacy Policy.

5. Third-Party Content and Links

The Services may contain links to third-party websites, resources, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party content, websites, products, or services. Your use of third-party websites or services is at your own risk and subject to the terms and privacy policies of those websites or services.

6. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

9. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website and, where appropriate, by email. Your continued use of the Services after the changes take effect constitutes your acceptance of the revised Terms.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in the United Kingdom, and you consent to the personal jurisdiction of such courts.

12. General Provisions

12.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.

12.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative.

12.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms. Any such modification or severance shall not affect the validity and enforceability of the remaining provisions.

12.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

13. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Email: legal@bestgymsguide.com
Address: 123 Fitness Street, Belfast BT1 1AA, United Kingdom

By using BestGymsGuide, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.