TERMS FOR USERS
TERMS OF SERVICE
(Last updated June, 2021)
The Terms and Conditions set below apply to:
By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.
The Terms and Conditions set below apply to:
We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.
Using our Application as well as various Services provided by us through our website does not grant you any Intellectual property rights in the website and Services except your personal data or information uploaded on our Application.
The Services enable Users to (i) identify nearby gyms, athletic or fitness facilities and health clubs (collectively, “Gyms”) (ii) check-in to and check-out of the selected Gyms on demand, (iii) to purchase access to Gyms and the Gym’s amenities, services, classes, facilities and equipment (“Gym Benefits”), (iv) to participate in Workout Activities on the Gym Premises, (iv) to schedule virtual personal training sessions (“VTS”) with Gym fitness instructors (“Personal Trainers”); and (v) to view and purchase fitness, health or athletic-related products or services offered by the Gyms and/or promotion partners through the Services (collectively, “Products”).
We are not responsible for any injury, illness, loss of property or life arising from or related to your use of a Gym or Gym Benefits, your participation in VTS with Personal Trainers, or your purchase of and/or use of the Products.
Allup App does not guarantee availability of the Gyms, Gym Benefits, VTS, Personal Trainer’s availability or performance, Products, and their availability will vary. The type, quantity, and availability of Gyms, Gym Benefits, VTS, Personal Trainers, and Products are determined by the Gyms, not by Allup App. Access to and use of the Gyms, Gym Benefits, VTS, Personal Trainers and Products are subject to the Gym’s applicable terms and conditions, privacy policies and any other agreements you may have with the Gym.
In using the Services and the Gyms, Gym Benefits, VTS, and Products available to you through the Services, you agree that you will not:
We reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) revoke the applicable user's right to use the Services; and/or (b) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration in case of breach of these obligations.
You understand that accessing a Gym, Gym Benefits, purchasing and using Products, and/or using the Services will result in charges to you that will be paid by you to Allup App using the payment method connected to your account. Those charges will be disclosed by Allup App to you, and we reserve the right to change, establish, or remove charges in our sole discretion. In certain cases, including without limitation for VTS, you may incur charges that will be owed directly to Gyms, and we will collect payment of those charges from you, on the Gymʼs behalf, and payment of those charges shall be considered the same as if you made payment directly to the Gym.
We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service. You acknowledge that we may change the third-party payment processors and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Allup App shall refund any amount paid by mistake or due to technical errors to the same payment method used by you. Allup App reserved the right to review case by case any given claims received by the customer care support.
In addition to the Wavier included in Section 10 of these Terms and Conditions, by attending a Gym or using a Gym Benefit that is offered through the Services, you are deemed to have agreed to the liability waivers or releases of the individual Gyms. Additionally, your activity at the Gyms and use of any Gym Benefits and VTS may be subject to additional policies, rules or conditions of the applicable Gym and you acknowledge that you may not be permitted to use, reserve or attend Gyms or use or access Gym Benefits or participate in VTS if you do not comply with the policies of the Gyms. If you have questions about a particular Gymʼs waiver of liability and release agreement or any other policies, procedures or terms of a particular Gym, please visit the applicable Gymʼs website or contact the Gym directly.
From time to time, Gyms or our other affiliates or partners may offer promotions to eligible users of the Services. Such promotions must be redeemed and used in accordance with the specific terms of the applicable promotion and may be subject to additional or different terms from those set forth in these Terms and Conditions. Unless otherwise expressly communicated to you in connection with a promotion, promotions are not transferable, can only be used once, cannot be redeemed for cash, may not be combined with other offers and are void where prohibited.
You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, “Feedback”) disclosed, submitted or offered to Allup App, shall remain the exclusive property of Allup App and may be used by Company in any medium and for any purpose without obtaining your specific consent. Allup App is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.
In order to offer increased value to our Users, Allup App may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
You understand and acknowledge Allup App has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising which may or may not be provided by or through sites. In this respect, you also acknowledge and agree that Allup App is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
You further acknowledge and agree that Allup App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.
These Services are made available by Allup APP “as is,” without any representations or warranties whatsoever, express or implied. all warranties, including but not limited to any warranties of merchantability, fitness for any particular purpose, uninterrupted use, accuracy or reliability, are specifically excluded and expressly disclaimed. Allup APP makes no warranty that the services will meet your requirements and as such, Users assume all risk as to the quality, suitability, accuracy, availability and performance of the Services. Allup APP does not represent or warrant that the Services will be error-free, or that any defects will be corrected, or that these services or any website referred or linked to herein is free of viruses or other harmful components.
ALL SERVICES MADE AVAILABLE ON THE WEBSITE AND Allup APP ARE OFFERED AND PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SERVICES ARE PROVIDED BY SUCH THIRD PARTIES), NOT Allup APP. PERSONAL TRAINERS ARE EMPLOYED BY THE GYMS AND Allup APP HAS NO AUTHORITY OVER THEIR FITNESS INSTRUCTION, ADVICE OR ANY OTHER SERVICES PROVIDED BY THE PERSONAL TRAINERS TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OR ATTENDANCE AT GYMS, YOUR USE OF ANY OF THE SERVICES ARE SOLELY AT YOUR OWN RISK.
To the extent permitted by the applicable laws, Allup App shall not be liable for any act, injury, negligence, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with your use or attendance at Gyms, your use of Gym Benefits, your participation in any VPT, your activities with any Personal Trainer, your purchase or use of a product, or the performance or non-performance of any third-party provider in connection with any of the foregoing.
When using (i) any Gym Benefit and/or (ii) the VTS’s and/or (iii) any and all related activities and events on or off of the Gym Premises available in Allup APP (“Fitness Activities”) and (iii) the Gym's locations, facilities, equipment, and premises any adjacent common areas, staircases, elevators, sidewalks, parking areas or similar areas (“Gym Premises”), you agree to the following:
You understand and agree that you are voluntarily participating in Fitness Activities and assuming any and all risks that may result from participating in Fitness Activities and any related activities including but not limited to death, serious bodily injury, illness (including without limitation illness arising from infectious diseases, such as COVID-19), permanent disability, paralysis, pain, suffering and/or similar or related conditions (collectively, “Injury”). This Waiver and Release of Liability includes, without limitation, all Harm which may occur as a result of:
You acknowledge and understand that if any portion of this Waiver and Release of Liability shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver and Release of Liability shall remain in full force and effect and the offending provision or provisions severed from the valid portions..
YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS OR RIGHTS THAT YOU MAY OTHERWISE HAVE TO SUE Allup App, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, AGENTS, FRANCHISORS, REPRESENTATIVES, STOCKHOLDERS AND/OR AFFILIATES FOR ANY INJURY, OR FOR ANY LOSS OF PROPERTY OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF THIS WAIVER AND RELEASE OF LIABILITY IS BEING PROVIDED BY YOU WITH RESPECT TO A PARTICULAR GYM, IT SHALL APPLY WITH EQUAL FORCE TO SUCH GYM AND ANY OTHER GYM THAT YOU MAY ACCESS USING THE SERVICES.
You understand that Allup App is not a Gym, and any Gyms you visit, or Products you purchase or use are operated and delivered by the applicable third-party provider and not by Allup App. We are committed to offer Services of high quality, however, we are not responsible for the quality of the service provided by the Gym or the Personal Trainers. You understand that there are certain inherent risks and dangers in exercising and that the Gym you may attend, the VTS in which you may participation and the Personal Trainers you may work with, offer a range of activity and intensity levels. You also understand and agree that the Services offer health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided through or by the Services is solely at your own risk.
You have read and fully understand this Waiver and Release of Liability. You understand that you have given up substantial rights by agreeing to it, understand that this release cannot be modified orally, and you are fully aware of this Waiver and Release of Liability's legal consequences as a full release of liability for Injury, loss of property and/or property damage. You hereby agree to the terms of this Waiver and Release of Liability freely and voluntarily without any inducement, assurance, or guarantee being made to you by Allup App and/or any person or entity on its behalf. You intend that your submission of this Waiver and Release of Liability operate as a complete and unconditional release of all liability to the maximum extent allowed by law.
If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, Allup App may communicate with you by providing you with notices regarding updates, changes or additions to the website or Services offered through or in connection with the website.
All copyright in all material contained on, in or available through Application are owned by Allup App or its proprietary holders, and you are required to abide by all copyright notices contained on the Application. There are certain logos of other brands and some photos which are being used in the Application and these might not be owned by Allup App. Still the User is under obligation to abide by the copyrights of other brands and would be liable for any violation and Allup App hereby disclaims any liability in this regard.
We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, is harmful our business interests, or for an inactive account.
If your access to the Services is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
Allup App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that Allup App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.
It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.
You agree that Allup App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website, and/or amendments to the Terms and Conditions. Your continued use of the application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.
Amendments to the Terms and Conditions may be posted by Allup App at any time for all users to access and will be binding on the date of publication.
The failure of Allup App to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing Allup App at support@allup.app
The Terms and Conditions will be legally binding. Any dispute or claim arising will be in accordance to the laws of the United Arab Emirates.
All questions, comments or concerns, regarding our services or terms and conditions can be addressed to support@allup.app or call +971045660449. Please note that all emails and calls may be saved for future reference.
You acknowledge and agree that by clicking on the button labeled “PURCHASE,” “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT” “I AGREE” or such similar links that indicate your assent by consent as may be designated by Allup App to accept these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. In addition, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records..