Our website address is: www.gymconnex.com.
These Terms of Service (“Terms”) are a binding legal agreement between you and Gym Connex that govern your use of the websites, applications, and other offerings from Gym Connex (collectively, the “Gym Connex Platform”). When used in these Terms, “Gym Connex,” “we,” “us,” or “our” refers to the Gym Connex entity set out on Schedule 1 with whom you are contracting.
The Gym Connex Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer Fitness Accommodations (“Fitness Accommodations”), activities, and a variety of other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Gym Connex Platform, and must keep your account information accurate. As the provider of the Gym Connex Platform, Gym Connex does not own, control, offer or manage any Listings or Host Services. Gym Connex is not a party to the contracts concluded directly between Hosts and Guests, nor is Gym Connex a real estate broker or insurer. Gym Connex is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Gym Connex’s role see Section 16.
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
- Our Mission.
Our mission is to create a world where you can belong anywhere. From fitness studios to boxing gyms to yoga classes, browse through Listings to find the ones that fit the way you like to exercise. Learn more about a Listing by reviewing the description and photos, the Host profile, and Guest reviews. If you have questions, just message the Host.
- Searching and Booking on Gym Connex.
2.1 Searching. You can search for Host Services by using criteria like the type of Host facility, location, dates, and number of guests. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous trips and saved Listings, Host requirements (e.g. minimum or maximum reservations), and more. Contact us for assistance at customer service.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Gym Connex’s service fee and taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Gym Connex Payments may charge and collect any security deposit identified during checkout. When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Fitness Accommodation Reservations. A Fitness Accommodation reservation is a limited licence to enter, occupy, and use the Fitness Accommodation. The Host retains the right to re-enter the Fitness Accommodation during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past checkout, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
2.4 Reservations for Host Services. Reserved for future use.
- Cancellations, Refunds and Booking Modifications.
3.1 Cancellations, and Refunds. In general, if as a Guest you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a reservation, please contact us for assistance. If the Host cancels, you may be eligible for rebooking assistance or a partial or full refund under the Guest Refund Policy. Different policies apply to certain categories of Listings.
3.2 Booking Modifications. Guests and Hosts are responsible for any booking modifications they agree to make via the Gym Connex Platform or direct Gym Connex customer service to make on their behalf (“Booking Modifications“), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
- Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Fitness Accommodation. For example, this means: (i) you are responsible for leaving a Fitness Accommodation (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Gym Connex Platform and any Content (as defined in Section 10), including your stay at any Fitness Accommodation, use of any other Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.
- Hosting on Gym Connex.
5.1 Host. As a Host, Gym Connex offers you the opportunity to share your Fitness Accommodation with our vibrant community of Guests—and earn money doing it. It’s easy to create a Listing and you are in control of how you host—set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Gym Connex Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Gym Connex’s service fee (and applicable taxes) for each booking. Gym Connex Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Gym Connex is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Gym Connex, except that Gym Connex Payments acts as a payment collection agent as described in the Payments Terms. Gym Connex does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.
- Managing Your Listing.
6.1 Creating and Managing Your Listing. The Gym Connex Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like cleaning fees, security deposits and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up to date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions including coverage details and exclusions.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, and/or short-term rentals. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals). In some places, the Host Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws. If you have questions about how local laws apply, you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Gym Connex Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. number of Guests, time and duration of the reservation, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Fitness Accommodation, Host status, average Guest popularity),
- Host requirements (e.g. minimum or maximum reservations, booking cut-off time), and
- Guest preferences (e.g. reservations, saved Listings, location from where the Guest is searching).
6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Gym Connex Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Gym Connex Platform.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Gym Connex to transfer a portion of your payout to a co-host or other Hosts, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.6 Your Assumption of Risk.
You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Gym Connex Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Gym Connex Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by Gym Connex.
- Cancellations and Booking Modifications.
7.1 Cancellations. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason. Contact us for assistance. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Travel Issue (Contact us for assistance) (ii) an Extenuating Circumstance arises, or (iii) a reservation is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Gym Connex exceeds your payout, Gym Connex (via Gym Connex Payments) may recover that amount from you, including by offsetting the refund against your future payouts.
7.2 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Gym Connex Platform or direct Gym Connex customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“).
8.2 Collection and Remittance by Gym Connex. In jurisdictions where Gym Connex facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Gym Connex to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Gym Connex are identified to Members on their transaction records, as applicable. Gym Connex may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Gym Connex is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Gym Connex may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.
8.4 Quebec Sales Tax. With respect to taxes applicable to services provided to Hosts or to Guests under the Act respecting Quebec sales tax, unless (i) the consideration paid or payable for the services provided to you, and (ii) the amount of Quebec sales tax payable (if any) in respect of such services, is clearly displayed and presented to you, the service fees are deemed to include any Quebec sales tax payable in respect of such services. A VAT invoice may not be issued with respect to taxes applicable to services provided to Hosts or to Guests under the Act respecting Quebec sales tax.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy (please link to Content Policy for Gym Connex) or Review, Extortion and Moderation Policy. Reviews are not verified by Gym Connex for accuracy and may be incorrect or misleading.
Gym Connex may charge fees (and applicable Taxes) to Hosts and Guests for use of the Gym Connex Platform. More information about when service fees apply and how they are calculated can be found on our Payments Terms of Service and Service Fees page. Except as otherwise provided on the Gym Connex Platform, service fees are non-refundable. Gym Connex reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
- Gym Connex Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policyand do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Gym Connex Platform
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Gym Connex Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Gym Connex Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Gym Connex Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Gym Connex Platform.
- Only use the Gym Connex Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Gym Connex Platform as authorized by these Terms.
- Do not use the Gym Connex Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- You may use Content made available through the Gym Connex Platform solely as necessary to enable your use of the Gym Connex Platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make, or accept a booking or any payment outside of the Gym Connex Platform to avoid paying fees, taxes or for any other reason.
- Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Gym Connex.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the Gym Connex Platform, any Content, any Gym Connex branding, or any page layout or design without our consent.
- Honour your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms, Policies and Standards.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our Party and Events Policy, as incorporated by reference herein.
- Do not use the name, logo, branding, or trademarks of Gym Connex or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Gym Connex branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Gym Connex. In addition, if you believe that a Member, Listing or Content has violated our Terms, you should report your concerns to Gym Connex. If you reported an issue to local authorities, Gym Connex may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Gym Connex Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
- Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Gym Connex reflected by these Terms is effective when you access the Gym Connex Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Gym Connex may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Gym Connex may also terminate this agreement immediately and without notice and stop providing access to the Gym Connex Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Gym Connex, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, or our Policies or Standards (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Gym Connex believes it is reasonably necessary to protect Gym Connex, its Members, or third parties; Gym Connex may, with or without prior notice:
- suspend or limit your access to or use of the Gym Connex Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Gym Connex determines in its sole discretion, you will be given notice of any intended measure by Gym Connex and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. Gym Connex may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Gym Connex account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Gym Connex Platform has been limited, or your Gym Connex account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Gym Connex Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
Gym Connex may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Gym Connex Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Gym Connex Platform will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation by contacting us. If the complaining Member escalates a Damage Claim to Gym Connex, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Gym Connex determines in its sole discretion that they are responsible for the Damage Claim, Gym Connex via Gym Connex Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. You agree that Gym Connex may seek to recover from you under any insurance policies you maintain and that Gym Connex may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Gym Connex requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
- Gym Connex’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using Gym Connex, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that Gym Connex has the right, but does not have any obligation, to monitor the use of the Gym Connex Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Gym Connex Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that Gym Connex administers its Policies (such as our Extenuating Circumstances Policy) and Community Standards (such as Host Requirements), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Gym Connex in good faith, and to provide Gym Connex with such information and take such actions as may be reasonably requested by Gym Connex with respect to any investigation undertaken by Gym Connex regarding the use or abuse of the Gym Connex Platform. Gym Connex is not acting as an agent for any Member except for where Gym Connex Payments acts as a collection agent as provided in the Payments Terms.
- Member Accounts.
You must register an account to access and use many features of the Gym Connex Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Gym Connex Platform under the laws of Canada, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Gym Connex if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
- Disclaimer of Warranties.
We provide the Gym Connex Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Gym Connex Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Gym Connex has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
- Limitations on Liability.
Neither Gym Connex (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Gym Connex Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Gym Connex Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Gym Connex Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gym Connex has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the Gym Connex Host Guarantee, in no event will Gym Connex’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Gym Connex Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Canadian dollars (CAD$100).
These limitations of liability and damages are fundamental elements of the agreement between you and Gym Connex. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Gym Connex’s option), indemnify, and hold Gym Connex (including Gym Connex Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Gym Connex Platform, (iii) your interaction with any Member, stay at an Fitness Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
- Contracting Entities.
Based on your country of residence or establishment and what you are doing on the Gym Connex Platform, Schedule 1 below sets out the Gym Connex entity with whom you are contracting. If we identify through the Gym Connex Platform, a Gym Connex entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Gym Connex entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the Gym Connex company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
- Canadian Governing Law and Venue.
If you reside or have your place of establishment in Canada, these Terms will be interpreted in accordance with the laws of the province of Ontario and Canada, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in provincial or federal court in Toronto, Ontario, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Toronto, Ontario.
23.1 Other Terms Incorporated by Reference. Our Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Gym Connex Platform, are incorporated by reference, and form part of your agreement with Gym Connex.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Gym Connex and you pertaining to your access to or use of the Gym Connex Platform and supersede any and all prior oral or written understandings or agreements between Gym Connex and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Gym Connex. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
23.3 No Waiver. Gym Connex’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Gym Connex’s prior written consent. Gym Connex may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Gym Connex via email, Gym Connex Platform notification, messaging service (including SMS), or any other contact method we enable and you provide.
23.6 Third-Party Services. The Gym Connex Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Gym Connex is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some translations on the Gym Connex Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Gym Connex Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. This space left blank for future use.
23.9 Gym Connex Platform Content. Content made available through the Gym Connex Platform may be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Gym Connex and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Gym Connex Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Gym Connex grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Gym Connex Platform and accessible to you, solely for your personal and non-commercial use.
23.10 This space left blank for future use.
23.11 Force Majeure. Gym Connex shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
23.12 Emails and SMS. This space left blank for future use.
26.13 Contact Us. If you have any questions about these Terms and Conditions, please email us.
Schedule 1 – Contracting Entities
YOUR PLACE OF RESIDENCE OR ESTABLISHMENT:
YOUR ACTIVITY ON THE GYM CONNEX PLATFORM:
GYM CONNEX CONTRACTING ENTITY:
Booking or offering traditional fitness Fitness Accommodations, where Gym Connex Travel, LLC is identified in the checkout or listing process.
Gym Connex, Inc.
119 Glenabbey Drive, Courtice ON, Canada
All other activities.
Gym Connex, Inc.
119 Glenabbey Drive, Courtice ON, Canada