Inggez, Inc.

Terms of Service

 

BY ACCESSING, VIEWING, CREATING AN ACCOUNT OR MAKING A PURCHASE THROUGH INGGEZ APPLICATIONS, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS OF USE”). INGGEZ RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME AND WITHOUT PRIOR NOTICE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THESE TERMS OF USE PRIOR TO ACCESSING THE APPLICATION. YOUR CONTINUED USE OF THIS APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE, UPDATES AND MODIFICATIONS THEREOF. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, UPDATES AND MODIFICATIONS THEREOF, YOU MUST IMMEDIATELY CEASE USE OF INGGEZ APPLICATION.

 

Use of Inggez Services to enter or use a gym facility or attend a virtual or physical fitness class may be subject to additional terms and conditions of the person, persons, trainer, trainers, gym, health club, fitness center, sports center, athletic club or other athletic-related facility (collectively “Gym”). You specifically consent to be bound by the Gym’s terms of use. You are solely responsible for inquiring about and reviewing the Gym’s terms of use prior to entering or using a gym facility or attending a class.

 

If there is a conflict between the Terms of Use and Gym’s terms of use, these Terms of Use shall control.

 

Inggez’s Services

 

Inggez is providing you access to a marketplace of Gyms and Virtual Workouts. These Gyms offer access and use to their facilities or classes or both for a fee. Inggez’s mobile applications, website and related services (collectively “Services”) enable users to locate and access Gyms on demand or subscribe to online At-Home fitness workouts.

Inggez does not own or operate any Gym. Access to a Gym are offered by the Gym and are subject to the terms and condition of the Gym. Inggez does not guarantee any access, availability or use of any facility or class.

 

User Behaviour & Conduct

 

To use Inggez’s Services, you must register for and maintain an active personal user account and must be at least 18 years of age. Account registration requires you to submit to Inggez certain personal information, such as your name, gender, address, mobile phone number, weight, height and age, as well as valid payment method supported by Inggez when purchasing services online. You agree to maintain accurate, complete, and up-to-date information in your user account. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access or use Inggez’s Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times.

 

Only you are authorized to use your account and may not authorize another person or any entity to use your account. You cannot assign or otherwise transfer your account to any other person or entity. You will comply with all applicable laws when accessing or using Inggez’s Services.

 

While using Services and Gym accessed through Services, you will abide by all code of conduct imposed by the Gym and not cause any nuisance, annoyance, inconvenience, harm, threat, deception, harassment, discrimination, violation of anyone’s right of privacy, publicity or violate other right of the Gym or any other party. Accessing a Gym without validating access through the Application may be considered trespass of the Gym and may be subject to removal from the premises and lead to possible legal consequences at the discretion of the Gym. You may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. If a Gym representative questions whether you are utilizing the Gym’s facilities as an Inggez user and whether you may be violating the Gym’s code of conduct and terms of use, you agree to be truthful in your responses. If asked to leave the Gym facilities by a Gym representative, you agree to immediately leave the facilities or be considered a trespasser.

 

Inggez Credit Purchase & Payments

 

You need to purchase prepaid Inggez credit in order to access Inggez gyms and services. Credit will be vaild for one year from the day of purchase as indicated in your profile.

 

Upon Inggez credit expiry, credit points will be zeroed out where you can no longer use them to access Inggez services and new credit needs to be purchased to re-enable your access to Inggez services.

 

Inggez will receive and/or enable your payment of the purchased credit (“Charges”). Charges will be inclusive of applicable taxes where required by law.

All Charges and payments will be enabled by Inggez using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Inggez may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Inggez.

 

Accessing Gym through Inggez’s Services will result in charges to your credit for admission to the Gym, use of facilities, attendance of classes or other services and products used by you. As between you and Gym and between you and Inggez, Inggez reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Inggez’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Inggez will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Inggez may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on Gym’s behalf. Inggez may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Gyms or other third parties.

 

In certain cases, with respect to Gyms, Charges you incur will be owed directly to Gyms, and Inggez will collect payment of those charges from you, on the Gym’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Gym. Inggez will respond accordingly to any request from a Gym to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Gym, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Inggez or its affiliates, where Inggez is solely liable for any obligations to Gyms.

 

Inggez’s Gyms Network Access

 

Access to the Services are done through your mobile phone or device. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Inggez does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

Inggez’s Subscriptions & Payments

 

Inggez offers certain enhanced features of the Services which you can purchase as a monthly, quarterly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Inggez may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

 

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Inggez. Inggez reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Inggez deems appropriate in its sole discretion. Inggez also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Inggez will either not charge you or refund the charges for orders that we do not process or cancel.

 

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription: All amounts are payable and charged for monthly, quarterly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via our website, you can cancel the renewal of your subscription at any time from the same website or by contacting us by email at support@inggez.com.

 

If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

 

Changes to Price Terms for Subscriptions: Inggez reserves the right to change its pricing terms for Subscriptions at any time and Inggez will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Inggez’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

 

Future Functionality: You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Inggez regarding future functionality or features.

 

Privacy

 

Inggez collects and uses personal information in connection with Services as described in its Privacy Policy. You agree you have reviewed and specifically consented to Inggez’s Privacy Policy and any changes thereof as detailed within Inggez’s app or on Inggez’s website.

 

Communication From Inggez

 

You agree Inggez may contact you by telephone, email or text messages (including by an automatic system) at any of the email addresses and phone numbers provided by you. Although the main purpose of these communications is for customer service reasons, it may be for marketing purposes. Inggez users may opt-out of communications by emailing support@inggez.com.

 

Indemnification

 

You agree to indemnify and hold Inggez and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Inggez’s use of your User Content; or (iv) your violation of the rights of any third party, including Gyms.

 

Disclaimer

 

  • You acknowledge and agree that by clicking on any button within Inggez’s Services labeled as an action to purchase, confirm, order, agree or similar label with legal consequences constitutes your acceptance of these Terms by electronic signature and are entering into a legally binding contract.
  • You agree that your use to Inggez’s services (Gym Visits, Classes, activities, and any other services offered via Inggez’s site or app) is solely at your own risk.
  • In no event shall Inggez be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind.
  • In addition, all users specifically understand and agree that any third party directing users to Inggez’s site or app by referral, link or any other means is not liable to you for any reason whatsoever, including but not limited to damages or loss associated with the use of the services.
  • Inggez disclaims all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, related to any classes, activities, or other services offered via Inggez’s Services.

 

Violation of Terms of Service

 

Violation of these Terms is grounds to account termination, refuse your access to Inggez’s Services, and other punishment deemed appropriate by Inggez. Violation of these Terms is determined solely at the discretion of Inggez.

 

Governing Law and Venue

 

This agreement shall be interpreted, construed and governed by the laws of the State of Delaware. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in State of Delaware.

 

Terms of Service Changes

 

Inggez reserves the right to make changes to these Terms from time to time without prior notice. Your continued use of Inggez’s Services constitutes your consent to any changes. However, you acknowledge and agree you are solely responsible to review these Terms before accessing Inggez’s Services.

 

 

Last updated: August 16th, 2020