OF THE WEBSITE www.virginactive.it AND OF THE “MyVirginActive” APP
Access to and use of the website www.virginactive.it (“Site”) and of the “MyVirginActive” application for mobile devices (the “App”) presuppose that the terms and conditions set out below have been read and understood; together with any other page or document referred to therein, they constitute the terms and conditions (jointly, the “Conditions”) under which Virgin Active Italia S.p.A. (“Virgin Active”) allows use of the Site and the App.
These Conditions, within the limits of use of the relevant services, apply to any user using the Site and the App (“User” in the singular and “Users” in the plural) and do not amend, but rather supplement, any other conditions or legal terms in force between Users and Virgin Active. The User may access the Site and the App free of charge.
Use of the Site and installation and use of the App imply full acceptance of the Conditions by the Users. Users are therefore invited not to use the Site and/or download the App and not to use the related services if they do not intend to accept the Conditions.
The App can be downloaded through the available Stores (e.g. Apple Store and Android) to be installed and used on mobile devices such as smartphones and tablets.
•••
Virgin Active Italia S.p.A., with registered office in Corsico (MI), Via Privata Archimede no. 2, tax code and VAT number 03641880962, active in the management in Italy of fitness and wellness infrastructures distinguished by the “Virgin Active” trademark, is the owner or in any case the lawful licensee of the Site and the App.
By using the App, the User may benefit from personalized services through the use of the sections identified within the App itself (“App Services”).
Specifically, by accessing the sections, the User may use various functionalities, including by way of example:
• view the timetables and details of lessons held in all Virgin Active clubs to which the User has access, manage bookings for them and create a personal calendar. In this regard, the User may activate various filters, e.g. by “club”, “class type”, “instructor”, “studio”, “day of the week”, etc.;
• use the services that make it possible to identify the Virgin Active clubs nearest to the User and the Club of which the User is a client, by enabling location on the device;
• have visibility of and a record of outdoor training routes by enabling GPS on the device;
• have virtual tours of Virgin Active facilities available;
• receive Virgin Active news in the dedicated section of the App;
• train according to a personalized program, measure and track training activities through personal records and workout summaries, challenge other Users;
• check the daily training program;
• if the User has purchased the Gym Training service, allow the User to use it through the App.
• access the e-commerce section to purchase memberships.
The User may access the Site and its various sections to obtain information on fitness classes, equipped spaces/areas owned by Virgin clubs, wellness centers and “junior” classes.
As regards the section dedicated to memberships, only after registration and creation of an Account may the User purchase products and services in the e-commerce section (“Site Services”).
The User may access the Site and use the related services both as a registered User and as a non-registered User, except for those services for which registration is required.
The User may register on the Site and create a personal account by accessing the “Register” section and completing the relevant registration fields with the required data and choosing a password (“Account”).
With regard to the use of the App Services, the User may benefit from them only after registration and creation of a personal Account. The User already in possession of the Membership CardVirginActive may access and register on the App by clicking the “Scan barcode” button, which appears on the first screen after installation of the App, and scanning the barcode present on his/her Membership CardVirginActive.
Otherwise, the User may register on the App by clicking the “Create Account” button and create his/her Account by choosing a username and a confidential password, and by providing the required data.
The User, for creation of his/her Account both via the Site and via the App, undertakes to provide accurate, true and complete information and, where necessary, to keep the data provided updated, being solely responsible for the truthfulness and accuracy thereof, as well as for any damage caused by failure to comply with suchand undertaking.
The User is responsible for ensuring the confidentiality of his/her access credentials and for controlling all activities carried out through use of the Site and the App, unless the User notifies Virgin Active, providing evidence thereof, that his/her Account is and/or has been used by third parties without his/her consent. In such case, the User undertakes to inform Virgin Active immediately in writing, at the contacts indicated in the section “Reporting violations” of these Conditions, if the User suspects or becomes aware of improper use or improper disclosure of the access credentials of his/her Account.
Virgin Active shall not be liable towards the User and/or his/her successors and assigns and towards third parties for direct, indirect or consequential damages, including losses and costs incurred as a consequence of suspensions or interruptions of the Services relating to the Site and the App. In any event, the User undertakes to indemnify and hold Virgin Active harmless from any claim and demand whatsoever, including those advanced by third parties, in relation to use of the Site and the App.
Virgin Active may delete or suspend the User’s Account and terminate his/her access to the Site as a registered User and to the App, as well as take any other action it deems appropriate and advisable from time to time, at any time and without notice where:
(i) it reasonably believes that the User is using the App and the Site in breach of these Conditions;
(ii) it reasonably believes that a third party is using the User’s Account without his/her consent;
(iii) it reasonably deems it necessary to delete or suspend the User’s Account and/or terminate his/her access to the Site and the App for security or maintenance purposes;
(iv) the Account relating to the Site and the App has not been used for a consecutive period of 2 (two) years.
The User may at any time request deletion of his/her account through the website www.virginactive.it, by entering the email address with which he/she registered on the Site and the App or with which, if he/she registered on the App using the “Scan barcode” function, he/she obtained issuance of the Membership CardVirginActive, and in such cases any liability of Virgin Active towards Users and third parties is excluded.
After the request, the User will receive an email “Account Deletion Confirmation” through which he/she may confirm closure of his/her account by clicking “Confirm deletion”.
Use of the Site and the App is free of charge and is permitted solely for the User’s personal and non-commercial purposes.
The App may not be used by persons under 18 years of age.
To the extent permitted by applicable law, Virgin Active provides no warranty, express or implied, in relation to the Site and the App, which are offered “as is” and “as available”.
With a view to improving the experience relating to use of the Site and the App and of the Site Services and App Services offered, the functions of the Site and the App may from time to time be subject to changes, without Virgin Active being able to notify the User in advance of such changes.
In this context, and in any event whenever adaptation to current regulatory provisions becomes necessary, the content of these Conditions may also be subject to changes, in whole or in part; therefore, the User is invited to access this section of the Site and the App regularly in order to verify from time to time the most up-to-date version of the Conditions. Subsequent use of the Site and the App and of the Site Services and App Services by the User after the changes made by Virgin Active shall be deemed acceptance of the amendments to the Conditions and/or to the Site Services and App Services.
Virgin Active is the owner or, in any event, the lawful licensee of any copyright and related right and/or any other intellectual or industrial property right in any way connected with the Site and the App and the Site Services and App Services, including, by way of example only, the structure and organization of the software and any other right in the Site and in the App, any update, modification or integration of the Site and the App, any work and/or audio-video document in general contained in the Site and in the App, as well as all information and/or content relating to the Site and the App (collectively, the “Material”), as well as any trademark, logo, domain name or other distinctive sign, whether registered or unregistered, referring to the Virgin Active Group and/or in any case attributable thereto (the “Trademarks”).
Both the Material and the Trademarks are protected by copyright laws, by the provisions of Legislative Decree 30/2005, as well as by applicable international treaties and, therefore, any exploitation thereof not expressly authorized by these Conditions and/or by applicable laws or regulations is expressly prohibited.
In particular, but not only, the following shall be deemed prohibited for the User, unless expressly permitted under these Conditions or otherwise permitted by applicable laws:
• reproducing in any form, in whole or in part, directly or indirectly, temporarily or permanently, the Material and/or the Trademarks;
• carrying out any reverse-engineering or decompilation activity of the App, attempting to access the related source code in order to create derivative products or for other purposes;
• selling, assigning, sub-licensing, transferring or distributing the Site and the App;
• using the Site and the App and the Site Services and App Services for any unlawful, obscene, defamatory, offensive, harassing or improper purpose or to sell or offer goods or services to third parties;
• altering or making changes of any kind to all or part of the Material and/or the Trademarks, or attempting to interfere with the Site and the
App and their operation.
Any use of the Material, the Trademarks and/or, in any event, of the Site and the App in breach of these Conditions shall result in suspension of the Account, with the consequent termination of the registered User’s access to and use of the Site and the App, and the User may be required, at Virgin Active’s sole discretion, to return or destroy any Material unlawfully used and/or reproduced.
In accordance with the Conditions, Virgin Active grants the User the non-exclusive, personal and non-transferable, non-sublicensable, free right to use the Site as a registered User and to use and install the App for the purpose of accessing the Site Services and the App Services.
7. Site and App Content and Disclaimer of Liability
Virgin Active assumes no liability with regard to the content and information on the Site and the App posted by third parties or by the User, nor with regard to the User’s use of the Site Services and App Services.
Virgin Active may therefore not be held liable for any damage or loss related or connected to the use of the Site and the App or otherwise arising from information provided by Users through the Site and the App or their Services.
Use of the Services is entirely at the User’s own risk.
To the extent permitted by applicable law, Virgin Active shall not be liable for any direct, indirect or consequential damage (including damages for loss of profit, business interruption, loss of business information, or any other pecuniary loss) or loss arising from the use (or improper use) of the Site and the App and the Site Services and App Services. Virgin Active’s liability for losses and/or damages suffered due to the content of the Site and the App or the Site Services and App Services shall be limited to removal therefrom of the content or material that caused them within a reasonable time. Virgin Active shall in no event be liable for damages and losses of any nature caused by the lack of continuity, availability, reliability, usability of the Site and the App and the Site Services and App Services and, in particular, by way of example and without limitation, for errors in accessing them. Virgin Active shall not be liable for losses or any other circumstance arising from the misappropriation, theft or use of any of the User’s identifying data (username and password) relating to the Site Services and App Services, attributable to the User.
If the applicable law does not allow exclusions or limitations of warranties and liability towards the User, the above limitations shall apply to the extent permitted by such laws.
8. Information on the use of the User’s personal dataPersonal data are processed and managed by Virgin Active in accordance with the relevant Privacy Policy. To consult it, click here
.
9. User-owned Material - Non-confidential informationWhere permitted by the Site and the App, for better use of the Site Services and App Services, the User has the possibility to upload and share information and content with other Users, provided that they are lawful, not contrary to laws or standards of decency and do not, in any event, infringe privacy or the rights of third parties in general (“Shared Material”)
. The User may not post any Shared Material that is unlawful, obscene, defamatory, libellous or otherwise in breach of applicable laws or that may generally be considered offensive.The User declares that he/she uses the Shared Material
at his/her own risk, without prejudice to his/her sole liability with regard to the use thereof (in relation to which the User declares and warrants that he/she has full legal availability), and Virgin Active may in no way be held liable for the content of the Shared Material, since it is not required to verify such content.In any event, the User assumes all responsibility and burden with regard to the content of the Shared Material
transmitted to other Users through the Site and the App and undertakes to indemnify Virgin Active against any claim or action by third parties arising as a consequence of disclosure of the Shared Material.
The Shared Material, as well as any further information uploaded and/or otherwise shared by the User, for example in using the “Challenge” functionality of the App or otherwise connected with the use of the Site and other App functionalities (with the exception of personal data, which shall be processed in accordance with the provisions set out above), shall be deemed “non-confidential” and “non-proprietary”.
Virgin Active reserves the right to refuse to publish or to delete any Shared Material that contains:
• offensive, harmful and/or insulting language;
• references to illegal and/or unlawful activities;
• content that Virgin Active considers to be unlawful, or in breach of any Community, national or international law or regulation, or of any other natural or legal person;
• encrypted content or content containing viruses, Trojans, worms, time bombs, robots or other computer routines intended to damage, interfere with, intercept or appropriate any system, data or personal information.
In such cases, Virgin Active reserves the right to terminate the registered User’s access to the Site and to the App, the Site Services and App Services and the Account without prior notice, and to delete the Shared Material.
10. Viruses, electronic piracy and other prohibited activities
The User undertakes and expressly agrees not to transmit through the Site and the App any type of information that may cause damage to Virgin Active, its customers, other Users and/or third parties in general.
There is a possibility that hackers may gain access to the Site and the App, altering their content and introducing harmful material into them (for example, viruses, worms, corrupted files). In such cases Virgin Active shall in no way be liable for any damage, loss or alteration thereby caused to the User or to third parties.
11. Links to the Site and the App
The User may create a link to the Site and the App only subject to prior written authorization from Virgin Active, and only on condition that this does not infringe any intellectual property right or any other right of Virgin Active and/or of third parties or, in any event, does not violate laws, regulations, public order or public decency, without however creating in the public the mistaken belief that there is any relationship of collaboration, dependence or other relationship between the User and Virgin Active.
It is understood that activation of the link may not be carried out from a site that is not administered by the User (or in relation to which the User does not exercise any ownership right).
Virgin Active in any case reserves the right to oppose the activation of links to the Site and the App, as well as to revoke at any time and without notice the User’s right to create the link to the Site and the App, as well as the right to take any other type of measure necessary (or in any event appropriate according to the specific circumstances), where even only part of this provision is violated.
12. Applicable law and dispute resolution
These Conditions are governed by Italian law. Without prejudice to the jurisdiction of the consumer’s natural forum, where the User may be qualified as such under the applicable legislation, and without prejudice to any other mandatory legal limits, for any dispute connected to these Conditions the Court of Milan shall have exclusive jurisdiction.
