Conditions of use
 

INFORMATION ABOUT US

The internet website www.mywellness.com (the "Website") is operated and managed by Technogym S.p.A. We are a company incorporated and located in Italy at the address via G. Perticari n. 20, 47035 Gambettola (FC) ("we", "us" or the "Manager").

We are providing web-services for the purposes of archiving, organising and processing data, including personal data, in a database accessible via the Internet at the Website (the "Database"). Where you have given your consent, we are also providing further services on behalf of your fitness club/s (the "Club") which are based on processing your data. Please refer to the terms of our privacy policy for details of how your data is being used by us and/or your Club http://www.mywellness.com/wellnessportal/mifit/CustomNavigation_Privacy/tabid/3141/Default.aspx?cid=-1.

Data processed on the Website relates to some of your biometric data (such as weight and height), the attendance and work-outs carried out by you at the Club and any other data collected by the mywellness key, which is the Technogym portable device aimed at measuring and archiving data about your movement in general.

IMPORTANT LEGAL WARNING - WEBSITE CONDITIONS OF USE

The terms and conditions set out below apply to the whole Website content and (together with any pages/documents referred to within these terms and conditions) tells you the terms of use on which you may make use of our Website, whether as a guest or a registered user. Please read these terms and conditions carefully before you start to use the Website. By using our Website, you indicate that you accept these terms and conditions of use and that you agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using our Website and cease your use of our Website immediately.

  1. INTRODUCTION.

    1.1 Some sections of this Website can be visited by you as a guest, without logging in or registering. Other sections of this Website require you to log-in or register. By accessing any section of this Website, you implicitly accept and agree to comply with all of the terms and conditions set out herein, as described above.

    1.2 We have the right to change any of the terms and conditions set out herein at any time by simply updating this page. Therefore, you agree to check from time to time these terms and conditions for use of the Website. Please also note that some of these terms and conditions may be expressly varied, cancelled or superseded by special conditions or notices published in other sections of the Website.

  2. INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS.

    2.1 Unless otherwise expressly provided, all copyright and all other intellectual property, property or private rights in the Website and in the material published on the Website (including, by way of example only and not restricted thereto, art-works, photographs, pictures and graphic diagrams) are the property of the Manager or its licensing agents. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Any use of the contents of this Website not permitted under these terms and conditions is strictly forbidden. If you breach any condition herein we can automatically terminate and cancel your authorisation to visit and use the Website and you must, at our sole option, immediately return or destroy any material printed or downloaded from the Website.

    2.2 You are permitted to print or download any extracts from the Website for your personal use only (and for the avoidance of doubt, not any commercial use) on the conditions that:

    • no document or graphic item of the Website is changed in any way;
    • no graphic item of the Website is used separately from the reference text;
    • the copyright declaration and the registered trademark declarations, together with this licensing declaration, are attached to each copy extracted from the Website.

    2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

    2.4 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.

    2.5 Notwithstanding the provisions set out in clause 2.2, no part of the Website may be reproduced or filed in or linked to or from any other website or included in any system of information filing and search or service provision, without prior consent in writing from the Manager and the Club, where appropriate.

    2.6 Any other right or authorisation not expressly mentioned in these terms and conditions is expressly reserved.

  3. SITE ACCESS

    3.1 The Manager shall endeavour as far as reasonably commercially possible to keep the Website accessible. However, the Manager shall not be held liable if, for any reason, the Website cannot be accessed at any given time and for a certain time.

    3.2 Access to the Website may be temporarily suspended, including without prior notice, in the case of system error, need of maintenance or repair, or for any other reason beyond the Manager's reasonable control.

    3.3 You are responsible for making all arrangements necessary for you to have access to our Website.

    3.4 Where you have connected to the Website using your mywellness key, such access will involve the use of our mywellness link software, which you have agreed to use in accordance with our software license http://www.mywellness.com/wellnessportal/mifit/CustomNavigation_Home/tabid/36/Default.aspx?cid=-1. As provided therein, you agree to comply with these terms and conditions at all times when using your mywellness key in connection with the Website.

  4. YOUR SITE USAGE AND BEHAVIOUR AND MATERIAL BELONGING TO YOU

    4.1 The Manager and the Club may control and process information about you in accordance with the privacy policy http://www.mywellness.com/wellnessportal/mifit/CustomNavigation_Privacy/tabid/3141/Default.aspx?cid=-1. By using the Website, you consent to such use and processing and you warrant that all data provided by you is accurate.

    4.2 Except for the personal data that will be processed as described above, any material, content, etc. transmitted from or entered into the Website shall be considered by us to be non-confidential and non-proprietary. Therefore, the Manager shall not undertake any obligation with regard to this material and the Manager (and their appointed persons) shall be free to copy, report, disclose, distribute, include or use these materials for any commercial and non-commercial use.

    4.3 You undertake not to enter into or transmit from the Website any material:

    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or that may in any way cause annoyance or harm; or
    2. for which the necessary licences or approvals have not been obtained; or
    3. that represent or encourage forms of behaviour that may be considered to be offences, that may determine someone's civil liability, that are in any way against the law, public order or good conduct or that harm third-parties' rights anywhere in the world; or
    4. that cause damage (including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupt data or other software with harmful content or capable of causing damage).

    4.4 You may not abuse the Website in any way (including, without limitation and by way of example, hacking).

    4.5 The Manager will co-operate actively with the public authorities in charge of performing investigations and will comply with any court order requiring or ordering the Manager to disclose the identity and to identify the subjects that transmit or enter material not in conformity with what is set out above.

  5. SITE LOG-INS

    5.1 Your Website log-in is valid for you only. Any identification code, username, password or any other piece of information provided to you by the Manager as part of their security procedure must be treated by you as strictly confidential, and you must not disclose it to any third party (even within a network). We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.

    5.2 You shall be solely responsible for ensuring the confidentiality and use of the password and personally assume all risks and liability relating thereto.

    5.3 Your personal data will be processed in accordance with the Privacy Policy http://www.mywellness.com/wellnessportal/mifit/CustomNavigation_Privacy/tabid/3141/Default.aspx?cid=-1.

  6. PRECAUTIONS

    6.1 SITE SECTIONS RELATING TO YOUR BIOMETRIC DATA ASSESSMENT. In an appropriate section of the Website, you may freely enter your own biometric data, structured per category. Formulae for preparing these data, obtained from the most highly-credited scientific literature, will also be placed at your disposal for information only with the sole purpose of providing you with general directions. You acknowledge and agree that the processing performed automatically by the system does not provide medical diagnoses or opinions and that you may not rely on them either, and the Manager does not provide any guarantee or declaration of reliability in this respect and do not intend to provide services reserved by law for health professionals. As a result, you are asked to have your state of health constantly checked by your own doctor or GP, who you agree and acknowledge as having the sole right to diagnose, cure and assess your state of health.

    6.2 WEBSITE SECTIONS WHERE PERSONAL ACTIVITIES AND NOTES CAN BE ENTERED. The Website also places at your disposal a section in which you can organise your own diary and record your own daily activities. You are aware of the fact that, by entering information in this Website section, the Manager and the Club may have free access to it. You therefore hereby waive all right to confidentiality over the information entered, and in recording it all stipulations set out in these terms and conditions shall be observed, without prejudice to any obligatory legal limits.

    6.3 The Manager shall use reasonable endeavours to ensure that the information published on the Website is correct, although in no way give any guarantee with respect to the accuracy and completeness of any information displayed on the Website. The Manager may at any time change the contents, description of the productions and/or services and any other aspect of the Website, which may be done without prior notice. It is understood that the Manager undertakes no commitment or obligation to update the material published on the Website.

    6.4 Notwithstanding any laws or regulations that are mandatory under any applicable law, the Manager allows you to visit the Website on the express condition that they thereby give absolutely no declaration, guarantee, condition or other limit (including, without any restriction whatsoever, the implicit guarantees of good quality, suitability for the use proposed and observance of ordinary due diligence or that displayed by the professional that, without prejudice to what is excluded in these conditions, could have an effect with regard to the contents of the Website).

    6.5 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed.  We shall not be in any other way liable or held responsible in relation to any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

  7. LIABILITY

    7.1 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

    • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
    • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it (including without limitation, the loss or damage due to the spread of viruses that may effect your electronic equipment (computer or otherwise), software, data or other property used for access, use or browsing on the Website by you or used to download material from the Website or from other websites linked to the Website), including, without limitation any liability for:
      • loss of data;
      • loss of income or revenue;
      • loss of business;
      • loss of profits or contracts;
      • loss of anticipated savings;
      • loss of goodwill;
      • wasted management or office time; and

    for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    7.2 Nothing in these terms and conditions is intended to or shall be construed to limit or exclude the liability of any party for death or personal injury arising from our negligence, liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable laws.

  8. LINKS TO AND FROM THE WEBSITE

    8.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not performed any check on websites that are linked by the Website and neither checks nor is responsible for how the said websites are managed, their content and their availability to use. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access them by a link from the Website, you do so at exclusively your own responsibility and risk.

    8.2 If you wish to create your own link to the Website, you may do so solely on the following conditions:

    1. an effective link is created to the Website homepage only;
    2. the Website content is not replicated in any way;
    3. the size or features of any of our trade marks and its logo are not removed, deformed or altered in any other way;
    4. no frame is created and/or no other browser or environment is entered around the Website;
    5. the link does not mean, directly or indirectly, that we are promoting the products or services of any third party;
    6. no form of relationship is created, attempted to be created or is in any way represented (expressly or impliedly) between the Manager and the User and no false or incorrect or inaccurate information about the Manager is conveyed;
    7. no attempt is made to use any trade mark, logo, image or artwork reproduced on the Website without prior express consent in writing from the Manager;
    8. no rights are thereby granted to you in any way whatsoever to use our trade mark or other intellectual property rights associated with such use and all goodwill shall vest in us from such use;
    9. the link is not enabled from any third party website that is not managed by you;
    10. your website does not display contents that are disgusting, offensive or polemic, prejudicial to any intellectual property right or any other right of third parties or that in any other way violates legal provisions, regulations, public order or good conduct

    8.3 We reserve the right at all times to immediately cancel or suspend your right to create a link to the Website and reserve our rights to take any other step if any of the terms of this clause are breached.

    8.4 You agree to indemnify and hold us harmless from any loss, claim, expense (including legal expenses) or other liability that may arise from any breach by you of any of the conditions set out in this clause 8.

  9. APPLICABLE LAW. DISPUTES.

    These conditions are subject to Italian law. The parties irrevocably agree that all disputes will be settled exclusively by reference to the judge of the Court based in Bologna, Italy save that the parties hereby agree that (a) we shall have the right to sue to recover any amounts due under these terms and conditions in any jurisdiction in which you are operating or have assets and (b) we may commence legal proceedings in any jurisdiction in connection with the enforcement or protection of our intellectual property rights in the Website or otherwise owned by us.

    If you have any concerns or questions about material which appears on the Website, please contact: legal[at]mywellness.com