Please read these Terms and Conditions before downloading & using the GymNadz mobile application (“Application”) provided by Gym Nadz limited (“Developer”). The Terms & conditions set forth the legally binding terms and conditions for your use of the Application.
Acceptance of Terms & Conditions
By downloading or using the Application, you agree to these Terms and Conditions and all other rules, policies and procedures that may be published from time to time on www.GymNadz.com (“Site”) or the Application.
These Terms and Conditions are void where prohibited by law. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules and regulations applicable to you and the right to use the Application is revoked where these Terms and Conditions is prohibited or to the extent offering, sale or provision of the Application conflicts with any applicable law, rule or regulation. Further, the Application is offered only for your use, and not for the use or benefit of any third party.
- While registering in the Application to create an Account, you must provide accurate and complete information and keep your Account information updated.
- You shall not: (i) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (ii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
- You should never share your account information with anyone else.
- You should never publish, distribute or post login information for your Account. The Developer reserves the right to cancel an Account in case of finding any misuse of the Application.
Use of the Application
- Although the Application has English & Arabic language interface options, all the instructions are currently provided only in Arabic.
- The Application provides users with general guidance and information on how to improve their fitness, health and nutrition. YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS OR NUTRITIONAL PROGRAM. Our recommended workout plans and exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnoses or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.
- Users new to exercising should start with our ‘Get Ready Program’ for beginners and complete it before using any other exercise provided by the Application.
- You are encouraged to seek multiple sources of information regarding how to perform each exercise correctly, especially if you are new to any of the forms of training or activity you seek to perform.
- The Application is only intended for use by individuals healthy enough to perform strenuous exercises. In becoming a user of the Application, you affirm that a physician has specifically approved your use of the Application.
- In cases where you experience pain or severe discomfort while performing any exercise provided by the Application, you should immediately discontinue and consult with a medical expert. In such cases, you should not return to exercising without consulting with a medical expert.
- If applicable, you further affirm that (A) you are not pregnant, breastfeeding or lactating, or (B) your physician has specifically approved your use of the Application.
- You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing and using the Application, you acknowledge and agree that your performance of any and all exercises or activities recommended by the Application is wholly at YOUR OWN RISK. Neither the Developer nor the training Coach will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While the Application may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form.
- The Application also provides recommendations on food and food supplements. It is your responsibility to make sure that you are not allergic to any ingredient in our recipe or any supplement that we recommend.
Apple Device and Application Terms
If you are accessing the Application on a device provided by Apple, Inc. (“Apple”), the following shall apply:
- You acknowledge that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be accessed for your private, personal, non-commercial use, subject to all these terms and conditions;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Apple is not responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Developer, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- When you purchase membership subscription using “In App Purchase” through the Application, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes Terms and Conditions;
You have option to subscribe to our auto-renewing subscription (“GymNadz Premium”) to access all content and features of the Application.
- Monthly subscription fee: USD $19.99
- Annually $159.99/year (Save 33%! Only $13.33)/month
- The initial subscription price and renewal price are the same for GymNadz Membership.
- No cancellation of the current subscription is allowed during active subscription period.
- Any subscription fee paid is non-refundable.
- Refunds will not be provided for any unused portion of the subscription period.
- The Application does not offer any free trials.
- Canceling a subscription will not retroactively refund subscription payments, and previously charged subscription fees cannot be pro-rated based on cancellation date.
- Uninstalling the Application will not automatically stop your subscription. You must cancel your subscription to end your subscription. If you uninstall the Application without canceling your subscription, you will still be charged.
- If you cancel a subscription and decide to subscribe again later, you will be charged the current price.
The following applies to GymNadz Membership subscription bought in the Application on any iOS device using the In App Purchase.
- Payment will be charged to your iTunes Account at confirmation of purchase.
- The monthly subscription automatically renews unless auto-renewal is turned off at least 24-hours before the end of the current period.
- You can manage your subscription to GymNadz Membership and auto-renewal may be turned off by going to your iTunes Account Settings after purchase.
- Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current subscription period.
The following applies to GymNadz Membership subscription bought in the Application on any Android device using the In App Purchase.
- Unlike one-time Google Play purchases, there is no two-hour refund window for subscriptions.
- On your subscription renewal date, Google Play will charge the same payment method you used to purchase the subscription. If the card is declined, your subscription will be canceled and you will be notified by email.
- If the subscription price increases, Google will notify you. If you don’t want to pay the increased price, you can cancel your subscription before the end of the subscription term.
- Any subscriptions that aren’t available anymore won’t be auto-renewed.
- To view your subscription renewal date, please go to payments.google.com and sign in to the account you use on Google Play. Along the left side of your screen, please select Bills and accounts.
You shall defend, indemnify, and hold harmless the Developer, his affiliates and each of his and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Application, Content, or otherwise from your User Content, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Application, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Developer in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL THE DEVELOPER, NOR HIS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, VENDORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Developer reserve the right, in his sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Application (including without limitation, the availability of any feature, database, or content) at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Application following notification of any changes to these Terms and Conditions constitutes acceptance of those changes.