PLEASE NOTE THAT WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REVISE THESE TERMS, AT ANY TIME WITHOUT PRIOR NOTICE.
- THE SERVICES
- The Services enable you to view a verity of fitness studios, gyms, fitness centers, trainers and other providers of fitness and wellness services (each a “Supplier” and collectively, the “Suppliers”), and to reserve and purchase certain services made available by the Suppliers through the Application on a dynamic basis. For sake of clarity, the fitness and wellness services themselves are offered, operated and fulfilled directly by the Suppliers. Each class or entrance scheduled with a Supplier through the Application shall be referred to in these terms as a “Session”.
- We reserve the right to modify, terminate or otherwise amend, discontinue, remove or suspend access to the Services at any time in our discretion, including without limitation as to the type of Suppliers and the type of Sessions that may be scheduled and purchased through the Services.
- As provided above, the Sessions and other goods and services offered by the Suppliers are rendered and fulfilled by the Suppliers themselves. GUDU does not make any warranty or representation, nor assumes any liability or commitment for, the availability, experience, content, fulfillment, quality, suitability or any other issue relating to the performance or non-performance of the Sessions (nor for any other goods and services sold or rendered by the Supplier), and any issue with respect thereto should be raised and resolved directly between you and the Supplier.
If you encounter any unresolved issue with a Supplier with respect to the Sessions, you may contact us at Support@Gudu.life, and we will try to assist you on a non-binding basis and in the manner we deem fit, to resolve the issue.
For avoidance of doubt, GUDU is a platform enabling you to view and to purchase certain services made available by the Suppliers themselves. Gudu is not a provider of any fitness or wellness services and does not own, operate or control any of the Sessions and other goods and services that are offered at or through such facilities.
- ACCESS AND REGISTRATION
- The Services may only be used by you if you are of 18 years or older. By accessing the Services you represent that you are at least 18 years of age, and agree to provide accurate, current and complete information about yourself as required and to maintain it accurate, current and complete.
- We reserve the right to decline to provide the Services to any person or entity for any or no reason.
- You are solely responsible for your account activity. We urge you to always log-off from the Application when leaving your device unattended.
- PAYMENT METHOD AND PAYMENT INFORMATION
- The Price for each Session is set by the Suppliers and may be updated and revised from time to time, as displayed in the Application.
- CANCELLATION POLICY
Following your purchase of a Session and up to 2 hours prior to the Session, a “Cancellation Button” shall appear next to the details of such Session and enable you to cancel your purchased Session subject to the following terms:
- If you cancel the purchased Session at least 2 hours prior to the Session, you will not be charged for the Session and no cancellation fee will be payable.
- If you cancel the purchased Session less than 2 hours prior to the Session (including if you have purchased a Session within the time frame of less than 2 hours prior to the scheduled Session and decided to cancel it), you will be charged a full cancellation fee of 100% of the purchased Session.
- Additional cancellation terms may apply to certain Sessions as shall be presented in the Application upon the purchase of the Session. In case of contradiction between such additional cancellation terms and the terms of this Section 4 the cancellation terms presented through the Application upon purchase of the Session shall prevail.
- The Site, Application and Services, including without limitation the compilations (meaning the collection, arrangement and assembly) and method of presentation of the information and data provided through the Services, as well as the underlying technology and platforms of the Site, Application and Services, are proprietary property of GUDU. All trademarks, trade names and logos appearing on the Site, Application and Services, whether registered or not, are propriety of their respective owners. GUDU’s trademarks, slogans, service marks, trade names, and trade dress which appear via the Site, Application and Services are property of GUDU.
- Subject to your full compliance with the Terms and valid registration for the Services, GUDU grants you a personal, revocable, non-assignable, non-transferable and non-exclusive right to access and use the Application and the Services.
- RESTRICTIONS AND UNDERTAKINGS
- You shall be solely responsible for the content you transmit or submit or upload through the Services, which may include: (i) personal identity details such as full name, ID number, address etc.; (ii) Contact details; (iii) the approval of certain declarations and documents required by us including Health Statement; (v) answers to our End-User questionnaires and other feedback provided by you; and (vi) any other information provided by you (“User Content”). You expressly agree that your User Content will: (1) be true, complete and accurate, and (2) will not be inappropriate or unlawful and will not infringe upon any third-party rights.
- You may not rent, lease, lend, sell, redistribute or sublicense the Services or any part thereof. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of the underlying software and platforms of the Site, Application and Services, or attempt to discover the source code for the Services (including without limitation to any algorithm) and may not allow any third party such actions. You may not remove, alter or obscure any copyright, trademark or other proprietary rights notice. You may not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services.
- You acknowledge that the Site, Application and Services may contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials of GUDU or other third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. Such content, and any other content available for you through the Site, Application and Services, except User Content provided by you, may not be copied, modified, published, transmitted, or distributed, by you in any way, including without limitation through use on any other website or network.
- You may not use the Site, Application and Services for any illegal purpose, or in violation of any applicable law, including without limitation laws governing intellectual property and other proprietary rights, data protection, privacy and labor laws, nor in any unauthorized way.
- You may not attempt to gain unauthorized access to the Site, Application and Services, or any part of them, other accounts, computer systems or networks connected to the Site, Application and Services, through hacking or any other means or interfere, or attempt to interfere with the proper working order of the Site, Application and Services or any activities conducted through the Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code.
- You may not use the Services in a way that unreasonably overburdens our servers, network or systems nor access or use the Services through automatic means (such as robots, or software that is intended to automatically run the Services). We reserve the right to apply additional limits on your use of our Site, Application and Services. We further reserve the right to publish such limitations, have them differ from user to user, or change such limitations at will.
- We reserve the right to monitor some, all, or no areas of the Site, Application and Services for adherence to proper use of the Site, Application and Services or for any other purpose.
- USER CONTENT AND FEEDBACK
- You shall be solely responsible for any content you transmit or submit through the Services (“User Content”). You expressly agree that your use of the Services and any of your User Content will not: (1) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use; or (3) be otherwise inappropriate or unlawful. You also warrant that, you are the exclusive holder of all rights in the User Content provided by you and you acknowledge and agree that any User Content provided by you is non-confidential and non-proprietary.
- By posting or otherwise transmitting User Content through the Services or through any of our social media pages, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, transferable and fully sub licensable, non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, license, derive revenue or other remuneration from, communicate to the public, perform and display such content, in whole or in part, worldwide and/or to incorporate the content in other works in any form, media, or technology now known or later developed, with or without any attribution to you, as we deem fit in our sole discretion. For avoidance of doubt any derivatives made by us to the User Content (the “Derivatives”) shall be GUDU intellectual property.
- You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Derivatives for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. You also permit any user to access, display, view, store and reproduce any User Content that you have made available in the public areas of the Services for personal or commercial use. None of the User Content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Content.
- Accordingly, you forever waive, and agree not to claim or assert, any entitlement to any and all moral rights of an author in any of the User Content; and you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights or due to the publication of User Content.
- We reserve the right to monitor some, all, or no areas of the Services for adherence to proper use of the Services or for any other purpose. You acknowledge that by providing our users with the ability to distribute their User Content in public areas of the Services, we are acting as a passive channel for such distribution and we are not undertaking any obligation or liability relating to any postings or activities in the public areas of the Services, nor do we endorse any such content. Although we reserve the right to remove, without notice, any User Content (submitted by you or by other users) for any reason, we have no obligation to review such User Content prior to its posting or to delete content that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Services, and we are not liable for any loss you incur in the event that User Content you post or transmit through our Services is been removed.
- In addition to the above, we also welcome any feedback or comments from you. However, please note in this regard that any unsolicited ideas, feedback or suggestions pertaining to our business and services, such as ideas for new or improved products, technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of GUDU, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, GUDU may use or redistribute any such submission and its contents for any purpose and in any way it deems.
- THIRD PARTY LINKS AND INFORMATION PROVIDED
- We reserve the right to reject, refuse or later delete or remove any content available through the Services for any reason, and we do not guarantee that all such content will be preserved. We further do not guarantee that content that may be shared with you by other users will not be offensive, defamatory or objectionable, or will not relate to links, website or other content that may be in violation of applicable laws or regulations. Although we reserve the right to remove without notice any content for any reason, we have no obligation to delete content which may be shared with you that you personally may find objectionable or offensive. In addition to other disclaimers found in these Terms, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any content accessible via our Services.
- The Services contain information in the form of, but not limited to, links to third party websites, articles, advertisements, endorsements, third-party opinions, applications, or other third party materials (collectively, “Third Party Material”). We do not endorse any such Third Party Material and such information is solely provided as a convenience to our users. We do not assume any responsibility for the content, privacy policies, or practices of any third party providing Third Party Materials. By accessing our Services, you expressly relieve us from any liability arising from your use of any Third Party Material.
- INFRINGEMENT CLAIMS
- If you believe that your copyrights or other intellectual property rights have been violated, please notify us immediately at: Support@Gudu.life
- You must include in your notice a: (1) description of the copyrighted work that is the subject of claimed infringement, (2) description of the infringing material and information sufficient to allow us to locate the alleged material, (3) contact information for you, including your address, telephone number and email address, (4) statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (5) statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (6) physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
- We will process notices of alleged copyright infringement and will take appropriate actions.
- RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
- We reserve the right to suspend or terminate the account or access of any user at any time to the Services, in its sole discretion.
- We reserve the right to remove any user content, which is abusive, illegal, disruptive, inappropriate or that otherwise fails to conform to our standards, and to limit or revoke user’s access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
- NO WARRANTIES; DISCLAIMER
- You represent, warrant and covenant that: (a) you have the full right, power and authority to enter into and perform your obligations under these Terms, and such execution and performance does not and will not violate any other agreement to which you are a party, and (b) these Terms constitute your legal, valid and binding obligation.
- YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING WITHOUT LIMITAITON THE SITE AND THE APPLICATION AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT, ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICES AND RELIANCE ON THE CONTENT AVAILBLE THROUGH THE SERVICES IS DONE SOLELY AT YOUR OWN RISK. GUDU DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THE APPLICATION, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE WILL GENERATE ANY RESULTS OR CONSEQUENCES; (III) WHETHER YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION; (IV) THE ACCURACY AND/OR COMPLETENESS OF THE SERVICES AND INFORMATION APPEARING THEREIN, WHICH WE CANNOT GUARANTEE. (V) THE SERVICES WILL BE OR WILL REMAIN AVAILABLE, IN GENERAL OR WITH RESPECT TO A CERTAIN LANGUAGE OR DEVICE.
- GUDU MAKES NO SPECIFIC PROMISES, EXPRESS OR IMPLIED, ABOUT THE SERVICES, THEIR RESULTS, INCLUDING THE FUNCTIONALITY AND THE RELIABILITY OF THE SERVICES, THIRD PARTIES’ SERVICES INCLUDING THE SUPPLIERS’.
- WAIVER AND RELEASE
- YOU UNDERSTAND THAT GUDU IS NOT A GYMNASIUM, PLACE OF AMUSEMENT OR RECREATION, HEALTH CLUB, FACILITY, FITNESS STUDIO OR SIMILAR ESTABLISHMENT AND THE CLASSES THEY PROVIDE ARE OPERATED AND DELIVERED BY THE APPLICABLE SUPPLIER AND NOT BY GUDU. GUDU IS NOT RESPONSIBLE FOR THE QUALITY, PREFORMANCE ANF SUITABILITY OF ANY SESSIONS AND OTHER SERVICES PROVIDED BY A SUPPLIER. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SESSIONS AVAILABLE ON OR THROUGH THE SERVICES ARE RIGHT FOR YOU.
- YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE SESSIONS YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH.
- YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AS BETWEEN GUDU AND YOU, YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM. YOU ARE ADVISED TO MAKE SURE THAT THE SUPPLIER HOLDS VALID INSURANCE POLICY COVERING YOUR PARTICIPATION IN THE SESSION PRIOR TO PARTICIPATING IN ANY SESSION.
- YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING THE SERVICES TO ATTEND AND PARTICIPATE IN ANY SESSION) AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. DO NOT USE CLASSES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.
- NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE PLATFORM AND/OR A SESSION IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY OF THE CONTENT, RECOMMENDATIONS AND INFORMATION PROVIDED ON OR THROUGH GUDU IS SOLELY AT YOUR OWN RISK.
- THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND GUDU MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS AVAILABILITY, ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
- According to privacy laws which may be applicable to you, as may be amended from time to time, you hereby acknowledge that you are not legally required to provide us with any personal information, and the provision of personal information is solely based on your free will. However you acknowledge that provisioning of such information is required for use of the Services.
- LIABILITIES AND INDEMNITIES
- You shall indemnify and save harmless GUDU and its directors, officers, employees, representatives and agents ("Related Parties") against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys' fees) (“Damages“) asserted against, imposed upon or incurred by GUDU or any of its Related Parties resulting from or arising out of any breach of these Terms by you or arising and related to your use of the Site, Application or Services.
- IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THESE TERMS EXCEED THE AMOUNT OF $ 50. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR (A) DEATH OR PERSONAL INJURY ARISING OUT OF OUR NEGLIGENCE, (B) LOSSES SUFFERED BY YOU ARISING OUT OF OUR FRAUD OR (C) ANY LOSS WHICH CANNOT, BY LAW, BE EXCLUDED OR LIMITED.
(i) The laws of the State of Israel, excluding its conflicts of law rules, govern these Terms and your use of the Services; any controversy, claim, or dispute in connection with, arising under, or related to these Terms shall be settled exclusively in the courts of Tel Aviv, Israel. Your use of the Services may also be subject to other local, state, national, or international laws. (ii) If any provision of these Terms is held to be invalid or contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions will remain in full force and effect. (iii) A party’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. (iv) The section titles in these Terms are solely used for the convenience of reference and have no legal or contractual effect. (vi) We may assign these Terms to any third party at any time.