Last updated: 03.04.2024
These terms and conditions of sale (hereinafter referred to as the "TCS") constitute a contract between the customer (hereinafter referred to as the "Customer" or "You") and Gymlib SAS, a simplified joint-stock company with a capital of €55,125, headquartered at 156 rue de la Roquette - 75011 Paris, identified by SIREN under number 794 597 864 RCS Paris, and any entity owned, controlled, or affiliated with Gymlib SAS ("Gymlib") (individually referred to as a "Party" and collectively as the "Parties").
Gymlib is dedicated to the well-being and cohesion of company employees. In this regard, it aims to promote access to physical activity for company employees. To achieve this, Gymlib offers the following services (the "Services"):
The Services are accessible on Gymlib Tools, which are understood to be:
(i) the platform accessible at www.gymlib.com;
(ii) the "Gymlib" mobile application.
The Gymlib app is available on Android and Apple app stores.
The terms beginning with a capital letter, whether used in singular or plural, have the following definition:
1.1 Article refers to any article of the TCU.
1.2 Personal Data Protection Charter refers to the document accessible annexed to these terms detailing the methods of processing personal data carried out by Gymlib within the scope of providing the Gymlib Tools.
1.3 Customer refers to any natural person who has created an Account and subscribed to the Gymlib Plan in accordance with the Gymlib Conditions. It is specified that the User does not necessarily have the status of Customer if they have not subscribed to a Gymlib Plan.
1.4 Account refers to the individual and personal account of each User, created during registration on Gymlib Tools.
1.5 Gymlib Conditions refers to, together, (i) the terms and conditions of sale, (ii) the Personal Data Protection Charter, and (iii) the TCU.
1.6 TCU refers to these terms and conditions of use within the scope of providing the Gymlib Tools.
1.7 Client Company refers to any company that has entered into a contract with Gymlib to allow its employees and their Relatives to benefit from the Services.
1.8 Gymlib Plan refers to the monthly subscription plans offered by Gymlib within the scope of the Services, allowing the User with Customer status to have (i) a limited number of Credits per month and/or (ii) unlimited access to certain Facilities.
1.9 Gymlib refers to the Gymlib Group, namely Gymlib SAS with a capital of €55,125, headquartered at 156 rue de la Roquette 75011 Paris, France, identified under number 794 597 864 RCS Paris, and any entity owned, controlled, or affiliated with Gymlib SAS.
1.10 Infrastructure(s) refers to all clubs, gyms, and other sports facilities partnering with Gymlib, listed on Gymlib Tools and accessible within the scope of a subscription to the Gymlib Plan.
1.11 Gymlib Tools have the meaning given in the Preamble.
1.12 Relative(s) refers to the User who is not an employee of a Client Company and is sponsored by a Customer.
1.13 Sports Session refers to the physical or digital (online session) access right, personal and non-transferable, to a Facility, subject to the usage conditions defined by the concerned Facility and the Gymlib Conditions.
1.14 Service(s) refers to the access services to the Facilities provided by Gymlib from the Gymlib Tools, including physical (the Gymlib Plan) and digital access as well as social features dedicated to team life.
2.1 Acceptance of the TCU
By using the Gymlib Tools, You agree to be bound by the TCU, which You acknowledge having read, understood, and accepted without reservation in their entirety. Your acceptance is manifested by the act of checking the corresponding box during your first login to Your Account.
If You refuse any or all of the TCU, You must not check the acceptance box provided for this purpose, and You are not authorized to use any or all of the Gymlib Tools.
The TCU and the Personal Data Protection Charter are made available to the User on the Gymlib Tools, in a downloadable format, and accessible at the following links:
The TCU apply to the exclusion of any other document from the User or the Client Company.
2.2 Modification of the TCU
The Gymlib Tools are constantly evolving, and Gymlib reserves the right to adapt, revise, or modify, at any time and without notice, any or all of the TCU and the Personal Data Protection Charter. In the event of substantial modifications, You will be informed of these modifications by Gymlib.
In any case, we invite you to regularly review the TCU to be informed of any changes. The most recent version of the TCU is available at any time on https://legals.gymlib.com/cgu.
In case of refusal of any or all of these modifications, the User must cease the use of the Gymlib Tools and delete their Account without being entitled to any compensation.
The Gymlib Tools are published by Gymlib SAS with a capital of €55,125, headquartered at 156 rue de la Roquette 75011 Paris, France, identified under number 794 597 864 RCS Paris.
The Publication Director of the Gymlib Tools is: Sébastien BEQUART.
Email : legal@gymlib.com
The Gymlib Tools are hosted by Amazon Web Services, headquartered at 410 Terry Avenue North P.O. Box 81226 Seattle, WA 98108-1226, USA, http://aws.amazon.com/; Phone: +1 206 266 4064.
4.1 Provision of Gymlib Tools
Gymlib provides the Gymlib Tools to the User to enable them to obtain information about the Services, the Facilities, and to consult this set as a User. If the User wishes to subscribe to the Gymlib Plan, they will be subject to the terms and conditions of sale accessible here https://legals.gymlib.com/cgv.
The Gymlib Tools are provided by Gymlib "as is," without any guarantee, notably of availability and/or functionality. In this sense, Gymlib (i) is free to delete any or all of the functionalities of the Gymlib Tools at any time, (ii) may suspend access to the Gymlib Tools at its discretion, particularly for scheduled maintenance, in case of emergency (security breach, etc.), and/or in case of force majeure, and (iii) shall not be held liable for any breakdowns or access disruptions for any reason.
4.2 Creating an Account
The User must create an Account subject to compliance with the following cumulative conditions:
During the creation of the Account, the User must provide several pieces of information, including:
This information is strictly personal and confidential. Some of this information may constitute personal data. For more information on the processing of this personal data, we invite you to review the Personal Data Protection Charter annexed to these terms.
Once the Account is completed and created, the User is invited to activate it by clicking on the link sent to the email address provided for the creation of the Account. A User can only have one unique Account. Gymlib reserves the right to close any additional accounts so that each User has only one Account.
The personal information provided by the User must be accurate, valid, complete, and up to date; it must be regularly updated by the User. Consequently, the User is responsible for the information they provide on the Account and guarantees Gymlib against any action that may be brought against it regarding this data.
4.3 Account Security
The User is the guardian of their password and must take all necessary precautions to ensure its confidentiality and security.
To guarantee the security of their Account and avoid theft (hacking) of the Account, the Customer undertakes, in particular, to:
The User undertakes to notify Gymlib by any means and without delay of any theft or breach of confidentiality and/or security of their password and to inform Gymlib immediately of any suspected or actual use of their Account by a third party.
The User is solely responsible for the activity on the Account and the consequences that may result from fraudulent use of their password/their Account.
In case of loss or forgetting of the password, the User can recover access to their Account by providing the email address used during the creation of the Account, on which a link to generate a new password, valid for seven (7) days, will be sent by Gymlib.
4.4 Closing an Account
4.4.1. At the User's Initiative
The User can request the closure of their Account at any time directly from the Gymlib Tools. The effective closure of the Account will occur within a maximum of thirty (30) working days following receipt by Gymlib of the Account closure request.
4.4.2. At Gymlib's Initiative
Gymlib may close access to an Account in the following cases:
In such cases, Gymlib will inform the User of the Account closure as soon as possible.
4.4.3. Deletion of Data
Upon closing the Account, the User agrees that the data they provided and/or generated through the use of the Gymlib Tools will be immediately deleted by Gymlib, subject to its archiving obligations.
If the User wishes, they must request by email the return of the data, in whole or in part, and specify the format of the return to Gymlib. This return request must be made no later than one (1) week from the User's knowledge of the Account closure.
To provide the Gymlib Tools, Gymlib processes personal data as the data controller.
These processing operations are carried out in accordance with the applicable regulations, notably Regulation EU 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR").
For more information on these personal data processing operations, we invite you to review the Personal Data Protection Charter annexed to these terms.
All elements constituting the Gymlib Tools, whether figurative or non-figurative (notably domain names, general structure, tree structure, texts, trademarks, graphics, graphic charter, software developments, logos, sounds, photographs, animations, databases) are the exclusive property of Gymlib, except for elements owned by the Facilities and/or content posted by the User, which are validly licensed to Gymlib for this use.
The User only benefits from a right of access to the Gymlib tools, and no other rights shall be granted to the User over these elements without the prior written authorization of Gymlib.
Consequently, and subject to legal exceptions, any use, including but not limited to reproduction or representation, total or partial, of any element of the Gymlib Tools, on any medium and by any means, is prohibited and would constitute counterfeiting punishable by articles L.335-2 and following of the Intellectual Property Code, a civil fault, and/or an infringement of image rights and personal rights sanctioned by articles 9 and 1240 of the Civil Code, potentially engaging the civil and criminal liability of its author. Gymlib reserves the right to initiate civil and criminal legal proceedings, in France and abroad, notably for counterfeiting or unfair competition, against anyone who, directly or indirectly, infringes its rights.
Any hypertext link pointing to the Gymlib Tools is prohibited, except with Gymlib's prior express agreement.
The User undertakes to use the Gymlib Tools in compliance with the TCU.
In this regard, the User is notably responsible for:
The User is aware of the risks of diversion and contamination by potential viruses circulating on the Internet or interruptions in internet communications.
The User is reminded that (i) accessing or fraudulently maintaining themselves in a computer system, (ii) obstructing or distorting the operation of such a system, or (iii) fraudulently introducing or modifying data in a computer system constitute offenses punishable by criminal sanctions.
Furthermore, Gymlib's liability cannot be engaged, notably concerning:
The Gymlib Tools may contain hypertext links to websites or third-party services. Gymlib shall not be responsible for the content and accuracy of the information contained therein or the operation of these third-party sites.
Consequently, Gymlib shall not incur any liability for any damage suffered by the User during their navigation on a third-party site linked from the Gymlib Tools.
Browsing the Gymlib Tools results in the installation of cookies on the User's browser. These cookies are used by Gymlib for functional and non-functional purposes (e.g., audience measurement, statistics).
Upon connecting to the Gymlib Tools, the User is informed of the presence of these cookies via the "cookie banner," which allows them to oppose/adjust the use of non-functional cookies.
For more information on the management of cookies by Gymlib, we invite you to review the Personal Data Protection Charter annexed to these terms.
The User can publish reviews related to Sessions, Facilities, and generally, the Services on the Gymlib Tools (the "Content").
Before publishing the Content, the User undertakes to verify that their Content (i) does not infringe the rights of third parties (respect for copyright, reputation, privacy, image rights, etc.) and (ii) does not contain any offensive, pornographic, racist, or human dignity-attacking remarks, and generally does not contravene public order and regulations (fight against discrimination and defamation, etc.). When the Content concerns a Sports Session and/or a Facility, the User must have participated in the Session or visited the Facility.
Gymlib has the right to review the Content published by the User on the Gymlib Tools. In this regard, Gymlib may delete certain Content if it does not comply with the TCU, public order, and/or regulations. In such cases, Gymlib will inform the User of the reasons for rejecting the Content.
All Content is published by Gymlib with the publication date and possibly the update dates.
In accordance with Article 7, the User remains solely responsible for the Content. Consequently, the User only authorizes Gymlib, free of charge, to reproduce, represent, and distribute the Content on the Gymlib Tools for a period of three (3) years from the publication of each Content.
Invalidity of a Provision. If any provision of the TCU is declared null or unenforceable under a law, regulation, or final court decision from a competent jurisdiction, it will be modified to obtain its validity or will be deemed unwritten without nullifying or voiding other provisions of the TCU, which will remain in full force.
Non-Waiver. The fact that a Party does not invoke its rights concerning any provision of the TCU does not affect its right to invoke them later, at any time, and does not constitute a waiver of the provision itself.
Applicable Law and Competent Jurisdictions. The TCU are governed by French law.
For any complaint, you can contact Gymlib at the following address: care@gymlib.com.
As a consumer, the User can resort to mediation services for consumer disputes. Any action must first be addressed in writing to Gymlib at the above address.
If this approach is unsuccessful, the User can freely contact the consumer mediator to whom Gymlib adheres, whose contact details are [to be completed].
The User can also contact the online dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable resolution, any dispute relating to the conclusion, execution, termination, or interpretation of the TCU is subject to the competent courts.
PERSONAL DATA PROTECTION CHARTER
1.What is the purpose of this charter?
Terms beginning with a capital letter have the meaning given to them in the Personal Data Protection Charter; if not defined in the Personal Data Protection Charter, these terms have the meaning given to them in the TCU or Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR").
The Personal Data Protection Charter aims to inform the User ("You," "Your," or "Yours") about the processing of their Personal Data (hereinafter defined) by Gymlib within the scope of Your use of the Gymlib Tools (the "Processing"). The Personal Data Protection Charter does not concern the processing carried out by Gymlib for providing the Gymlib Plans.
For the purposes of this charter, the term "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is deemed to be a natural person who can be identified, directly or indirectly, notably by reference to an identifier, such as a name, identification number, location data, online identifier, or one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
We invite you to read the Personal Data Protection Charter carefully before continuing to use the Gymlib Tools.
2. Role of Gymlib
Gymlib acts as the Data Controller when it carries out the Processing.
Gymlib refers to Gymlib SAS with a capital of €55,125, headquartered at 156 rue de la Roquette 75011 Paris, France, identified under number 794 597 864 RCS Paris.
Gymlib carries out the Processing in accordance with the "Regulation," namely all legal provisions applicable to the protection of personal data, notably (i) the GDPR, (ii) Directive 2002/58/EC of July 12, 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector, and (iii) French legal and regulatory provisions, including Law No. 78-17 of January 6, 1978, as amended.
3. How are Personal Data collected by Gymlib?
Gymlib collects Your Personal Data directly when (i) You use the Gymlib Tools, including when creating an Account, when You contact us via the Gymlib Tools, notably via the "Contact" form, and/or by email, mail, phone, "Chatbot," and/or (iii) when You interact with other Users via the Gymlib Tools.
Gymlib also collects Your Personal Data indirectly from third parties, notably Your employer (Client Company) and/or Your Sponsor, the Facilities, Your social networks if You opt for their synchronization with the Gymlib Tools, and public databases.
4. What categories of Personal Data are processed by Gymlib?
5. Purposes, legal bases, and retention periods of Personal Data
Gymlib processes Your Personal Data only to the extent necessary to achieve the pursued purposes, based on the legal grounds and for the retention periods detailed below:
| Purposes | Legal Grounds | Retention Period |
|---|---|---|
| Creation of Your Account | Contract (TCU) | Until the deletion of Your Account |
| Communication to Users (notably concerning challenges) | Gymlib's legitimate interest in developing and improving the Services | Until the deletion of Your Account |
| Sharing of Your Content | Your consent | Until the deletion of Your Content |
| Monitoring sports activity related to participation in challenges | Contract (TCU) | Duration of the challenge |
Gymlib will only use Your Personal Data for the aforementioned purposes.
The provision of Your Personal Data is mandatory and necessary to allow Gymlib to achieve the aforementioned purposes. Without this, You will not be able to access the Services and use the Gymlib Tools under normal conditions.
6.Who are the recipients of Your Personal Data?
Gymlib only shares Your Personal Data with the following persons who need to access them to carry out the aforementioned purposes and tasks assigned to them. Thus, the recipients of Your Personal Data are:
Gymlib ensures that these recipients are required to implement appropriate security measures to comply with the GDPR and are not authorized to process Your Personal Data for purposes other than those for which the subcontracting was authorized.
7. Are there any transfers of Your Personal Data outside the European Union?
Certain Personal Data are transferred to countries outside the European Union. These transfers are governed by the standard contractual clauses adopted on June 4, 2021, by the European Commission.
8. What security measures are implemented by Gymlib?
Gymlib implements technical and organizational measures to protect Your Personal Data against their accidental or unauthorized destruction, alteration, loss, disclosure.
9. What are Your rights and how to exercise them?
As a person concerned by the Processing, You have the following rights:
i. To be informed: You have the right to be informed of the Personal Data that Gymlib holds about You, as well as the Processing. This is precisely the purpose of the Personal Data Protection Charter;
ii. To access: You have the right to access all the Personal Data concerning You that Gymlib holds. You can exercise it by sending Gymlib a simple request to the address provided below;
iii. To rectify: If You consider these Personal Data incomplete or erroneous, You can ask Gymlib to rectify them, which Gymlib will do as soon as possible, under certain conditions;
iv. To limit: In certain cases listed in Article 18 of the GDPR, You can ask Gymlib to limit the Processing of Your Personal Data;
v. To transfer: You have the right to data portability of Your Personal Data, and You can request their transfer to the recipient of Your choice;
vi. To erase: You can request from Gymlib the deletion of Your Personal Data ("right to be forgotten");
vii. To lodge a complaint: You always have the right to lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL);
viii. To object: You sometimes have the possibility to object to the Processing: Gymlib will cease the Processing unless it is legally required to continue or in case of legitimate and compelling reasons justifying the Processing;
ix. To define directives after Your death: These directives, revocable at any time, may concern the conservation, deletion, communication of Your Personal Data by designating a person responsible for their execution:
If You wish to exercise any or all of Your rights or obtain additional information, You can send a request to Gymlib at any time, accompanied by a copy of proof of Your identity, which will allow us to verify Your identity:
10. Modification of the Personal Data Protection Charter
The Personal Data Protection Charter may be modified and updated at any time, which will be sent to You by Gymlib by any means it deems appropriate.
We recommend that you always review the most recent version of the Personal Data Protection Charter before using the Gymlib Tools.
Last updated: 03.04.2024
These terms and conditions of sale (hereinafter referred to as the "TCS") constitute a contract between the customer (hereinafter referred to as the "Customer" or "You") and Gymlib SAS, a simplified joint-stock company with a capital of €55,337, headquartered at 156 rue de la Roquette - 75011 Paris, identified by SIREN under number 794 597 864 RCS Paris, and any entity owned, controlled, or affiliated with Gymlib SAS ("Gymlib") (individually referred to as a "Party" and collectively as the "Parties").
Gymlib is dedicated to the well-being and cohesion of company employees. In this regard, it aims to promote access to physical activity for company employees. To achieve this, Gymlib offers the following services (the "Services"):
The Services are accessible on Gymlib Tools, which are understood to be:
(i) the platform accessible at www.gymlib.com;
(ii) the "Gymlib" mobile application.
The Gymlib app is available on Android and Apple app stores.
These terms and conditions define the rights and obligations of Gymlib and the Customers in the context of the paid Services offered by Gymlib.
The terms beginning with a capital letter, whether used in singular or plural, have the following definition:
1.1 Article refers to any article of the Terms and Conditions of Sale.
1.2 Personal Data Protection Charter refers to the document annexed to the TCS outlining the methods of processing personal data carried out by Gymlib within the scope of paid Services, in addition to the personal data protection charter annexed to the TCU.
1.3 Customer refers to any natural person who has created an Account and subscribed to the Gymlib Plan in accordance with the Gymlib Conditions.
1.4 Account refers to the individual and personal account of each Customer, created during registration on Gymlib Tools and subject to the TCU.
1.5 Gymlib Conditions refers to, together, (i) the Terms and Conditions of Sale, (ii) the Personal Data Protection Charter, and (iii) the Terms and Conditions of Use (TCU).
1.6 Terms and Conditions of Sale or TCS refers to these terms and conditions applicable to the subscription of a Gymlib Plan by the Customer.
1.7 Client Company refers to any company that has entered into a contract with Gymlib to allow its employees and their Relatives to benefit from the Services.
1.8 Gymlib Plan refers to the monthly subscription plans offered by Gymlib within the scope of the Services, allowing the Customer to have (i) a limited number of Credits per month and/or (ii) unlimited access to certain Facilities.
1.9 Gymlib refers to the Gymlib Group, namely GYMLIB SAS with a capital of €55,377, headquartered at 156 rue de la Roquette 75011 Paris, France, registered with the RCS of Paris under number 794 597 864, as well as any entity owned, controlled, or affiliated with Gymlib SAS.
1.10 Infrastructure(s) refers to all clubs, gyms, and other sports facilities partnering with Gymlib, listed on Gymlib Tools.
1.11 Gymlib Tools have the meaning given in the Preamble.
1.12 Relative(s) refers to the Customer who is not an employee of a Client Company and is sponsored by a Customer who is an employee of a Client Company.
1.13 Credits refer to the virtual and personal credits allocated monthly to the Customer within the scope of their subscription to certain Gymlib Plans, allowing them to access the Facilities to perform Sports Sessions.
1.14 Sports Session refers to the physical or digital (online session) access right, personal and non-transferable, to a Facility, subject to prior booking and subject to the usage conditions defined by the concerned Facility and the Gymlib Conditions.
1.15 Service(s) refers to the access services to the Facilities provided by Gymlib from the Gymlib Tools, including physical and digital access as well as social features dedicated to team life.
2.1 Acceptance of the Gymlib Conditions
By subscribing to the Gymlib Plans, You agree to be bound by the Gymlib Conditions, which You acknowledge having read, understood, and accepted without reservation in their entirety. Your acceptance is manifested by the act of checking the corresponding box during your first login to Your Account.
If You refuse any or all of the Gymlib Conditions, You must not check the acceptance boxes provided for this purpose, and You are not authorized to use the selected Gymlib Plan.
The Gymlib Conditions are made available to the Customer on the Gymlib Tools, in a downloadable format, and accessible at the following links:
The Gymlib Conditions apply to the exclusion of any other document from the Customer or the Client Company, subject to the provisions of the internal regulations and other general conditions of the Facilities which are automatically applicable to You upon your booking of a Sports Session or Your entry into the Facility to perform the Sports Session.
2.2 Modification of the Gymlib Conditions
The Services are constantly evolving, and Gymlib reserves the right to adapt, revise, or modify, at any time and without notice, any or all of the Gymlib Conditions. In the event of substantial modification of the Gymlib Conditions, express notification will be sent to the Customer.
The new Gymlib Conditions will automatically take effect upon the renewal of Your subscription to the Gymlib Plans. Ongoing Sports Sessions remain subject to the Gymlib Conditions applicable at the time of their purchase. Therefore, we invite you to regularly review the Gymlib Conditions to be informed of any changes. The most recent version of the Gymlib Conditions is available at any time on https://legals.gymlib.com/cgv.
In case of refusal of any or all of these modifications, the Customer must cease the use of the Gymlib Plan, without being entitled to any compensation.
The Terms and Conditions of Sale detail the rights and obligations of Gymlib and the Customers in the context of paid Services i.e., subscription to the Gymlib Plans.
In addition to the Gymlib Conditions, the Customer acknowledges and agrees that any booking/access to a Sports Session is also subject to the documentation issued by the Facility (e.g., internal regulations, general conditions). Gymlib therefore invites the Customer to review the applicable documentation prior to any booking of a Sports Session.
Gymlib is only responsible for connecting the Customer and the Facility. The Customer is and remains solely responsible to the Facility for any act or action related to their Sports Session.
4.1 Characteristics of the Gymlib Plans
Subscription to the Gymlib Plans is reserved for persons:
The Customer can choose between several plans allowing them to have (i) a limited monthly number of Credits and/or (ii) unlimited access to certain facilities, information of which is accessible on the Gymlib Tools. It is understood that Gymlib is free to update this information and particularly to add or remove Facilities at its discretion.
When a Gymlib Plan involves the use of Credits, the Customer is informed that the Credit/Sports Session ratio, i.e., the number of Credits required to book a Sports Session, is agreed upon between Gymlib and the Facility based on various criteria such as schedule, attendance, the number of available spots for the Session, etc. The Customer acknowledges and accepts that this ratio may evolve during the use of the Services, both upwards and downwards.
The Customer is systematically informed of the new Credit cost of a Sports Session when making a booking on the Gymlib Tools. If the Customer does not accept the new Credit/Session ratio, they are free not to book the Sports Session.
4.2. Creating an Account
To benefit from the Services, the Customer must create an Account on the Gymlib Tools.
The opening and use of an Account are subject to the Terms and Conditions of Use accessible here https://legals.gymlib.com/cgu
4.3 Use and Monthly Carryover of Credits1
Article 4.3 exclusively concerns the subscription to a Gymlib Plan involving the use of Credits, whether this Gymlib Plan is reserved alone or in addition to a Gymlib Plan with unlimited access to the Facilities.
Credits are personal and usable only for the Gymlib Plan. They cannot be sold, exchanged, or given to third parties, including as part of the sponsorship of a Relative.
The Customer can book Sports Sessions within the limit of the number of Credits available on their Account at the time of booking the concerned Sports Session.
Credits not consumed during the month of their acquisition are carried over to the following month within the limit of the number of Credits included in the Gymlib Plan initially chosen by the Customer if the subscription to the Gymlib Plans is not terminated.
In such a case, (i) these carried-over Credits will be added to the new Credits received on the renewal day, and (ii) any excess Credits compared to the number of Credits included in the Gymlib Plan initially chosen by the Customer will be lost on the renewal day of the Gymlib Plan.
4.4 Price of the Gymlib Plans and Payment Methods
4.4.1 Price of the Gymlib Plans
Several Gymlib Plans are offered to Customers, with Credits or unlimited access to the Facilities.
The rates for the different Gymlib Plans are (i) agreed upon between the Client Company and Gymlib, (ii) communicated to the Customer by the Client Company and/or on the Gymlib Tools, and (iii) expressed in euros and calculated inclusive of all taxes.
The Customer accepts and acknowledges that the price of the Gymlib Plans may evolve during their use of the Services.
In case of modification of the pricing conditions of any or all of the Gymlib Plans, the Customer (i) will be informed fifteen (15) days before the implementation of the new pricing conditions by email and/or via their Account and (ii) can terminate their subscription to the Gymlib Plan in case of refusal of the new financial conditions as provided in Article 7. The Customer will not be impacted by the new pricing conditions in this case.
Failing termination of the Gymlib Plan by the Customer, they acknowledge and accept that the price of the Gymlib Plan will (i) be automatically debited each month on the anniversary date of their subscription to the Gymlib Plan and (ii) be due until its effective termination, even if they do not use it, do not access the Gymlib Tools, do not book Sports Sessions, or do not participate in the Sports Sessions.
4.4.2 Payment Methods
The price of the subscription to the Gymlib Plan is debited directly by Gymlib from the bank account for which the Customer has provided the bank details on the Account. No payment can be made otherwise, notably by phone, mail, or email. These bank details may also be used by Gymlib to impose penalties in accordance with Article 4.6.
Any payment made for the Services will only be considered effective when the concerned banking payment centers have given their consent to the debit. Any initial payment from the Customer is confirmed, and a confirmation notification is sent to the Customer on their Account.
In case of refusal from these centers, the order of a Gymlib Plan corresponding to the payment attempt will be automatically canceled, and the Customer will be notified by email and/or on their Account.
All payment receipts are available directly on the Customer's Account. Gymlib keeps an electronic copy of each receipt.
4.4.3 Payment Security
Gymlib implements measures to ensure payment security and fight against fraud, notably data encryption. Thus, during the Customer's initial subscription to a Gymlib Plan, Gymlib may request a copy of their identity card and/or proof of residence and/or a banking document (RIB or canceled check). The absence of response from the Customer within five (5) working days following Gymlib's request will automatically result in the cancellation of the subscription request to the Gymlib Plan.
4.5 Sponsorship
Gymlib offers Customers the possibility to sponsor Relatives. The conditions governing the sponsorship of Relatives are negotiated in advance with the Client Company.
Relatives benefit from the rates negotiated with the Client Company's sponsor and Gymlib. Their subscription to the Gymlib Plan is only valid if the sponsor's Account is active and they have the status of Customer, as provided in Article 1.4 of the Terms and Conditions of Sale. In such a case, the sponsoring Customer vouches for the Relative's compliance with the Gymlib Conditions.
During the use of the Services by the Relative, Gymlib reserves the right to modify the sponsorship conditions directly with the Client Company. In such a case, the sponsoring Customer and the Relative will be informed under the conditions of Article 2.2.
In case of termination of the Gymlib Plan of the sponsoring Customer for any reason, the Gymlib Plan of the Relative will automatically be terminated under the conditions provided in Article 7. The Relative will not receive any compensation for this termination, nor any refund for unused Credits.
In case of non-compliance with any or all of the Gymlib Conditions by the Relative, the Relative will be informed directly by Gymlib, and the contractual breach consequences outlined in Articles 7 and 10 will apply to the Relative as a Customer.
4.6 Penalties
The Sports Sessions offered by the Facilities require a reservation. Consequently, the Customer undertakes to (i) validate the Sports Session on the Gymlib Tools and (ii) if necessary, cancel their reservation within the time frame communicated by the Facility in advance.
Failing this, Gymlib reserves the right to apply penalties in the following cases:
The Customer is informed that these penalties will be debited (i) in addition to the price of the Gymlib Plan, (ii) directly via the bank details provided on the Account, and (iii) within forty-eight (48) hours following the Sports Session concerned. To this end, the Customer authorizes Gymlib to debit the penalty amount, if applicable.
The Gymlib Plan (i) is subscribed for one (1) month and (ii) is automatically renewed for successive periods of one (1) month on the anniversary date of the subscription (the date the Customer initially subscribed to the Gymlib Plan).
The subscription to the Gymlib Plan is non-binding; therefore, the Customer can terminate the Gymlib Plan directly on their Account, without justification and without additional fees, under the conditions provided in Article 7.
6.1. Booking Sports Sessions
Sports Sessions can be booked by the Customer on the Gymlib Tools from their Account.
Sports Session bookings are personal and nominative and cannot be transferred to a third party.
To offer an optimal choice of Facilities, Gymlib proposes that the Customer authorize their geolocation when connecting to the Gymlib Tools to find the Facilities closest to their location. For more information on this personal data processing, we invite you to review the Personal Data Protection Charter annexed to the Terms and Conditions of Sale.
The Customer must present themselves at the Facility only during the selected time slot for the Sports Session.
6.2. Access to Sports Sessions
To ensure that the Customer is indeed the beneficiary of the Sports Session, the Facilities verify the Customer's identity upon arrival (i) using a geolocation system or (ii) by asking the Customer to present either their ID or the Customer's photo accessible via their Account or (iii) by checking their booking software.
For more information on these personal data processing activities, we invite You to review the Personal Data Protection Charter annexed to the Terms and Conditions of Sale.
The Customer can, in case of access difficulties to a Sports Session, contact the Facility or Gymlib directly via the "Contact Us" button available on the Gymlib Tools.
7.1. Termination at the Customer's Initiative
Termination of the Gymlib Plan
The Customer can, at any time, terminate the Gymlib Plan directly on their Account.
The effective termination of the Gymlib Plan will then occur on the date of its monthly renewal. The remaining Credits/Sports Sessions can be used by the Customer until the day before (D-1) the effective termination date. After this period, (i) any unused Credits will be permanently lost1, (ii) no new Sports Session bookings can be made, and (iii) any Sports Sessions booked for a date after the effective termination will be automatically canceled.
Example: A Customer whose Gymlib Plan subscription begins on February 22, 2024, requesting termination on May 15, 2024, will see the Gymlib Plan terminated on May 22, 2024, at the renewal time. The Customer can participate in Sports Sessions until May 21, 2024. Conversely, the Customer will not be able to attend any Sports Session starting May 22, 2024.
Deletion of the Account
The Customer can delete their Account, in accordance with the terms provided in the Terms and Conditions of Use or keep it to access Services, other than the Gymlib Plan, offered on the Gymlib Tools.
7.2. Termination at Gymlib's Initiative
Gymlib can terminate a Customer's Gymlib Plan in the following cases:
In the event of termination for violation of the Gymlib Conditions, the effective termination will occur on the date indicated by Gymlib in the termination notice mentioned above unless the Customer complies with the Gymlib Conditions within the given timeframe.
In other cases of termination, the effective termination of the Gymlib Plan will occur on the monthly renewal date of the ongoing Gymlib Plan at the time of the termination notice sent by Gymlib.
As a result, (i) the Customer must use the remaining Credits1 and honor the Sports Sessions until D-1 of the effective termination date, (ii) any Sports Sessions booked for a date after the effective termination will be automatically canceled, and (iii) no new Sports Session bookings can be made.
The termination of the Gymlib Plan by Gymlib automatically leads to the closure of the Account. In case of termination of an Account by Gymlib, the Customer will no longer be able to use the Gymlib Tools or create another Account using the same credentials; Gymlib can freely block any attempt in this regard.
For more information on the terms and consequences of Account closure, particularly regarding data handling, we invite You to review the TCU.
The Customer must always comply with the Gymlib Conditions and the internal regulations and any documentation in force in the Facilities.
Gymlib and the Customer are each responsible (i) in case of breaches, faults, errors, or omissions in their contractual obligations (ii) causing immediate, direct, certain, and foreseeable damage to the other Party, excluding indirect damages and loss of profits, data loss, or any other intangible losses, particularly those inherent to the use of the Internet, such as the presence of computer viruses or spyware. Gymlib cannot be held responsible for any malfunction, failure, delay, or interruption of access to the Gymlib Tools or the Internet in general.
The Customer acknowledges:
In case of violation of any or all of the Gymlib Conditions, particularly in case of abusive or illegal use of the Services, the Account, the Sports Sessions, and/or the Gymlib Tools, Gymlib reserves the right, at its sole discretion, to apply the following sanctions to the Customer, depending on the severity of the violation:
| Warning | Its purpose is to warn the Customer that they risk more significant sanctions if they continue to violate the Gymlib Conditions. The warning has no consequence on the Customer's use of the Services. |
| Definitive Termination of the Subscription to the Gymlib Plan and Account Closure | In case of termination, the Customer can no longer access the Services, and (ii) access to the Account is permanently closed. The consequences of termination are detailed in Article 7. This sanction is applied by Gymlib in case of recurrence or serious single breach of the Gymlib Conditions, notably, but not limited to, in case of lending or transferring the Account to a third party and/or non-payment of Services and/or provision of false information (name, first name, etc.) and/or non-compliance with the Facility's usage conditions. |
In addition to the sanctions described above, Gymlib reserves the right to take all necessary measures to protect its rights, including civil and criminal proceedings against any Customer who violates the terms.
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a right of withdrawal that can be freely exercised within fourteen (14) days from the subscription to the Gymlib Plan (the "Right of Withdrawal"). If this period expires on a Saturday, Sunday, or a public holiday, it is extended to the next business day.
The Customer can exercise the Right of Withdrawal (i) by completing the standard form annexed to the TCS or making any other unambiguous declaration expressing their wish to withdraw and (ii) by sending it to Gymlib by registered mail with acknowledgment of receipt to the address mentioned in the header or by email to the following address: care@gymlib.com.
In case of sending the withdrawal notice by email, an acknowledgment of receipt on a durable medium will be communicated by Gymlib to the Customer.
Force Majeure. The obligations of the prevented Party will be suspended in case of force majeure, as defined by Article 1218 of the Civil Code and consistent case law, including but not limited to acts or omissions of the government or higher competent authorities, blocking or failure of internet or telecommunications networks, insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, internal and external strikes, pandemic, flood, storm, act of a third party.
Invalidity of a Provision. If any provision of the Gymlib Conditions is declared null or unenforceable under a law, regulation, or final court decision from a competent jurisdiction, it will be modified to obtain its validity or will be deemed unwritten without nullifying or voiding other provisions of the Gymlib Conditions, which will remain in full force.
Non-Waiver. The fact that a Party does not invoke its rights concerning any provision of the Gymlib Conditions does not affect its right to invoke them later, at any time, and does not constitute a waiver of the provision itself.
By express derogation from the provisions of Article 1222 of the Civil Code, in case of breach by either Party of its obligations, the non-defaulting Party cannot have the obligation performed by a third party at the defaulting Party's expense.
Applicable Law and Competent Jurisdictions. The Gymlib Conditions are governed by French law. For any claim regarding the Services and/or the Gymlib Conditions, you can contact Gymlib at the following address: care@gymlib.com.
As a consumer, the Customer can resort to mediation services for consumer disputes. However, the Customer must have attempted to resolve the dispute by sending a written complaint directly to Gymlib at the above address.
If this approach fails, the Customer can contact the consumer mediator to whom Gymlib is subject.
The Customer can also contact the online dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
In the absence of an amicable resolution, any dispute relating to the conclusion, execution, termination, or interpretation of the Gymlib Conditions is subject to the competent courts.
1 Only when subscribing to a Gymlib Formula with Credits.
Annex 1 Model Withdrawal Form
Sender's Name and Surname Address Postal Code City
Order/Signature Date Order/Contract Number Invoice Number
Recipient's Name and Surname Address Postal Code City
Date, Place
Subject: Cancellation of the reservation
Dear Sir/Madam,
In accordance with Article L 221-18 of the Consumer Code, I wish to exercise my right of withdrawal and cancel the reservation of the Gymlib plan No. [•] made with GYMLIB on [•].
I kindly ask you to refund the amount of ... €, corresponding to the price paid for the reservation [•], no later than fourteen (14) days following the receipt of this letter.
Thank you for your cooperation,
Yours sincerely,
Signature