Conditions

TERMS OF USE

The website www.mywellness.com (the “Website”) is run by Technogym S.p.A. (the “Administrator” or “Technogym”). The Administrator is an Italian company with its registered head office at Via Calcinaro No 2861, 47521 Cesena (FC), Tax Code and VAT No 06250230965, listed on the FC Economic Administrative Index under No 315187 and on the Forlì-Cesena Company Register under No 06250230965, with a fully paid-up Share Capital of €10,000,000.00.

Through its Website, Technogym intends to promote a Wellness lifestyle in a digital environment where, thanks to smartphones, tablets and new available technologies, everyone is always connected to their own content.

Technogym has therefore created a platform that lets people who work out access data, content and training programmes whenever and wherever they want, turning the desire to exercise into a personalised, “on-the-go” experience.

To do this in complete safety, it is therefore necessary to monitor physical parameters before, during and after training.

The service organised by Technogym through the www.mywellness.com platform therefore includes (a) the archiving, organisation and processing of data, including, by way of example, identifiable data such as photos, names and surnames, dates of birth, e-mail addresses, weight and height in a database accessible remotely through the Website or via a mobile connection (the “Database”); (b) the organisation of personalised training sessions or sports competitions and the use of multimedia content (hereinafter (a) and (b) are referred to collectively as the “Service”).

If requested by the data subject, the Administrator might also provide additional data processing services online on behalf of the fitness centre used by the data subject (the “Wellness Operator”) to meet this request. The content and terms and conditions for the personal data processing of users of the Service can be found here ‒ Privacy Policy.

Important legal notices – Terms and Conditions of use of the Website and Service

The terms and conditions set out below apply to the content of the Website and to the provision of the Service. Together with any pages or documents governed by these terms and conditions, they constitute the terms and conditions adopted by the Administrator for use of the Website and Service by the end User (as defined later on). To use the Website and Service, you must have carefully read and accept these Terms and Conditions of use of the Website and Service (the “Terms and Conditions”). By using the Service and/or visiting the Website, you fully accept the Terms and Conditions.

Foreword

These Terms and Conditions apply to any access and use of the Website at the address www.mywellness.com and to any mobile apps integrated with the Service for any permitted platforms. These Terms and Conditions do not amend, but rather supplement, any other existing legal terms and conditions between us and the User. If you are using the Service on behalf of another legal entity, we shall assume that when accessing the Website and/or Service you are authorised and entitled to accept these Terms and Conditions on behalf of the entity you represent.

People under the age of 18 (“Minors”) may only use the Service under the supervision of the person holding parental authority over them (parents or guardians). Minors may only register to the Service with consent from their parent(s) or guardian(s) (“Parental Consent”). Minors may register to the Service by providing the e-mail address of one of their parents or guardians. Technogym shall send an e-mail to this address asking the parent or guardian to authorise the Minor’s registration. Only once this consent has been granted may the Minor’s registration to the Service be completed.

Technogym does not knowingly collect any information or data on Minors and does not allow them to register without Parental Consent. If Technogym discovers that any data collected in the Database relates to a Minor which was collected without valid Parental Consent, Technogym shall delete this data at the earliest opportunity possible.

The Administrator reserves the right to amend the terms and conditions of use set out below at any time by simply updating this page of legal notices. Data subjects should therefore check the latest version of these Terms and Conditions each time they access the Service. Moreover, it should be stressed that certain terms or conditions set out below might be waived and superseded by specific provisions relating to certain features or content of the Service, for which a fee might also be charged.

  1. AMENDMENTS OR INTERRUPTIONS TO THE WEBSITE OR SERVICE

The Service and/or Website are constantly changing and the format and nature of the Service and/or Website may change from time to time without prior warning. The Service (or certain features) may also be suspended (permanently or temporarily) for individuals or all Users without prior warning. We also reserve the right to restrict the use and archiving of material owned by the User (as defined below) or of any data, at our discretion and without prior warning.

We shall make reasonable efforts to ensure that the information published on the Website and/or provided as part of the Service is correct; although we cannot make any guarantees that this information is accurate and complete. The Administrator may change the content or the descriptions of products and/or the Services and/or the features available and any other aspect of the Website and/or Service at any time, including without prior warning. The Administrator shall not accept any obligations or commitments to update the content and material published on the Website or provided as part of the Service.

  1. INTELLECTUAL PROPERTY RIGHTS AND LICENSING CONDITIONS

Technogym’s property rights

Unless specified otherwise under these Terms and Conditions or under certain conditions of the specific Service accessed by the User, all copyrights and any other intellectual property or industrial rights or any other rights in any of the content or aspects of the Website and/or Service belong to the Administrator or to its licensors. These works are protected by copyright law and by existing international treaties in Italy and around the world. All rights over these works are expressly reserved. Any use is prohibited of the content of the Website and/or Service which has not been expressly granted by these Terms and Conditions or by a specific purchase order of the Service. If any of these Terms and Conditions are breached, the Administrator reserves the right to ban the use of the Website and Service and to request the immediate return or destruction of any material printed or downloaded from the Website or Database.

Limited licence rights

Subject to compliance with these Terms and Conditions and with any conditions for the provision of the Service, Users may print or download certain extracts from the Website and/or Database strictly for personal use, provided that:

  • no documents or graphics are altered in any way;
  • no illustrations, photographs, videos, audio clips or any other graphics are used separately from the reference text;
  • the copyright declaration (copyright© Technogym) and the trademark declarations (® or ™) are attached to every copy made.

Notwithstanding the above, no part of the contents of the Website or Service may be reproduced or archived at any other website or included in any other information archiving and search system or service system, without prior written consent from the Administrator or the Wellness Operator, where appropriate.

Trademarks

Technogym®, the Technogym logo, Mywellness® and any other Technogym logo and product or service name are or might be trademarks owned by Technogym (“Technogym Trademarks”) or by third parties. Using or displaying Technogym Trademarks without Technogym’s prior written consent is prohibited.

No property rights or any other owned or licensed rights are granted over extracts or any other material taken from the Website or Service. With the sole exception of the above, all rights are reserved.

Unauthorised use

Any use of the Service or Website other than that permitted under these Terms and Conditions or the relative conditions for the provision of the Service, without prior written authorisation, is expressly prohibited and shall result in the withdrawal of any licences granted according to these Terms and Conditions. This unauthorised use could also breach any applicable laws including, by way of example, copyright laws, trademark protection laws and other legislation on the communication or protection of personal data. We reserve the right to suspend the accounts of Users who we believe have breached applicable laws or regulations. Without prejudice to the express provisions of these Terms and Conditions or the conditions for the provision of the Service, under no circumstances should it be understood that licences for intellectual property rights have been implicitly or conclusively granted. All licences may be withdrawn at any time and on any grounds.

  1. ACCESS TO THE WEBSITE AND SERVICE

The Administrator shall make all reasonable efforts (according to the market standards applied for similar services) to ensure that the Website and/or Service are always accessible. However, the Administrator shall not be held liable if, for any reason, the Website and/or Service are temporarily or permanently unavailable. In any event, any service levels that may be agreed upon from time to time based on the specific Service agreement shall continue to apply.

Suspension/Interruption

Access to the Website and/or Service may be temporarily suspended, including without prior warning, if any system errors are detected, urgent assistance or maintenance work is required or for any other reasons beyond the Administrator’s reasonable control. We also reserve the right to interrupt access to the Website or Service at any time, including without prior warning, if these Terms and Conditions and/or the conditions for the provision of the Service are breached. Nevertheless, Technogym shall be released from all liability for any damage or loss, including loss of data, resulting from this suspension or interruption of Service or access to the Website.

User liability

Users are responsible for launching and maintaining all the agreements and services that enable access to the Website and/or Service and for managing their own log-in and authentication credentials to the Website and Service.

Use of the MyWellness®Key

When Users access the Service by using the Mywellness®key, it may require the use of the Mywellness®key Link software.

  1. CODE OF CONDUCT AND MATERIAL OWNED BY THE USER

Privacy Policy

The Personal Data Processing Policy drafted by the Administrator is available here ‒ Privacy Policy. Please note that Wellness Operators should provide their own Personal Data Processing Policy as they are independent data controllers.

Non-confidential information

Except for personal data which shall be processed according to the provisions above, any material, content, etc., sent or entered into the Database shall be considered non-confidential and non-proprietary. The Administrator therefore assumes no obligations regarding this information and material, and shall be authorised to make copies, send, disclose and use these materials for commercial and any other purposes.

Material owned by the User

The Website and the Service let people create, upload and share information on the Service. The Website and the Service let the User and all other users of the Service send, link, store or provide other users of the Service with a wide variety of information, texts and/or material owned by the User (“Material Owned by the User”). The User is the sole person responsible for the use of Material Owned by the User, which is done so at the User’s own risk. When sending any Material Owned by the User, the User declares and guarantees to have full legal access to this material. With regard to Material Owned by the User, the User agrees not to enter or send to or from the Website or Database any material:

  1. that is intimidating, defamatory, obscene, indecent, inflammatory, offensive, pornographic, abusive, incites racial hatred, discriminatory, threatening, scandalous, provocative, blasphemous, detrimental to obligations of secrecy or privacy, or which may in any way be a nuisance or cause any damage; or
  2. for which the necessary licences or authorisation have not been acquired or which may, in any case, breach third-party rights or any national or supranational laws or regulations; or which may infringe upon any patents, trademarks, trade secrets or any other intellectual property rights or any other third-party rights; or
  3. which represents or encourages behaviour that might be considered a form of crime, which may give rise to any form of liability against anyone else, which is in any way illegal, against public order or morality, or which infringes upon third-party rights in any part of the world; or
  4. which causes damage (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, faulty parts, corrupt data or other software with detrimental or damaging content);
  5. which may breach rights in the name or personal identity of natural or legal persons, or which falsely declares an affiliation with any natural or legal entity; or which supplies private information on third parties, such as addresses, telephone numbers, e-mail addresses, tax information and such;
  6. which, at our sole discretion, is offensive or disgusting, or which restricts or influences the usability of the Website or Service for other users;
  7. which may be considered spam or is generated randomly or automatically or contains commercial or ethically unacceptable material or content, or which encourages unlawful behaviour (including, for example, phishing activities), or which deceives recipients regarding the source of this material (for example, spoofing);
  8. which breaches contracts with suppliers of data networks or other terms of supply for mobile devices;
  9. which attacks the continuity of the Website or Service; or which
  10. abuses the Website or Service in any way (including, by way of example and without limitation, hacking).

We do not hold any ownership over Material Owned by the User but, by sending or uploading Material Owned by the User to the Website or Database, the User implicitly grants us an irrevocable, transferable, non-exclusive, royalty-free, sub-licensable licence without any territorial restrictions to use, reproduce, change, adapt, publish, translate, create derivative works, distribute, carry out or represent this Material Owned by the User for or as part of any other tool (whether known or subsequently released onto the market). Moreover, the User grants other users of the Website and Service a non-exclusive licence to access Material Owned by the User through use of the Website and/or Service, and to use, reproduce, distribute, prepare derivative works or publish this Material Owned by the User as permitted by the Website and/or Service in accordance with these Terms and Conditions.

Removal of Material Owned by the User

As suppliers of interactive services, we cannot be held liable for any declarations, statements or any other Material Owned by the User or material posted on the Website by third parties, including owners of any advertisements. Even though we have no obligation whatsoever to check the material published on the Website by the User or by third parties, we still reserve the right, at our sole discretion, to examine, edit or remove any material published or archived on the Website or in the Database at any time and on any grounds, including without prior warning. The User is solely responsible for creating back-up copies or re-publishing Material Owned by the User, at the User’s own expense.

Indemnity

The User agrees to hold the Administrator and its subsidiaries, affiliates, employees, agents, partners and licensors harmless and to indemnify them from any demand or claim, including for reasonable legal costs, brought forward by any third party resulting from Material Owned by the User which is published or made accessible from/on the Website and/or as part of the Service, involving the connection to the Service or a breach of these Terms and Conditions or other parties’ rights.

Suggestions

The Website also offers a feature that lets people send suggestions and feedback on the Service and the Website. When submitting any ideas, suggestions, documents and/or proposals (“Contributions”) to our attention through the web pages for suggestions and feedback, Users agree that: (a) their Contributions do not contain confidential or proprietary information; (b) we are not subject to express or implicit obligations of confidentiality with regard to their Contributions; (c) we are authorised to use and disclose (or may choose not to use or divulge) their Contributions for any purposes, in any way and through any means anywhere in the world; (d) we may have similar material to the subject of the Contribution already in the design or development phase; (e) their Contributions automatically become our property without any obligations to the User; and (f) Users are not entitled to any sort of fee, indemnity or reimbursement under any circumstances.

  1. MATERIAL OWNED BY THIRD PARTIES

We allow our commercial partners to publish certain content on the Website or as part of the Service. We also allow or provide links to other websites or third-party content (collectively “Materials Owned by Third Parties”) in relation to the provision of services agreed with anyone who might be interested in this information. The Administrator does not control, sponsor or endorse any Material Owned by Third Parties and does not issue any declarations or guarantees for Material Owned by Third Parties. The Administrator does not accept any liability for Material Owned by Third Parties. The type and content of the messages made available by Technogym on the Website or as part of the Service may be amended at the Administrator’s discretion.

  1. REGISTRATION TO THE WEBSITE AND SERVICE

Users declare and accept that they shall: (i) provide accurate, up-to-date and complete information when registering, logging in and/or subscribing to the Website and Service (“Registration Data”); (ii) keep their password and identification code secret; (iii) keep their Registration Data and any other information provided constantly updated, complete and accurate.

Each registration to the Website and Service is only valid for one User. Any identification code, password, username or other information form part of the security systems and procedures launched by the Administrator to protect the system and the data stored in the Database. They may not therefore be disclosed to anyone or within a group, even a closed group. The Administrator reserves the right to disable the identification code, password and/or username of any user of the Service if, at the Administrator’s sole discretion, a breach is discovered of any of these Terms and Conditions.

Users are solely responsible for keeping their password secret and for its use and shall assume all risks regarding their password.

Users’ personal data shall be processed according to the policy available here ‒ Privacy Policy.

  1. WARNINGS

Accuracy of information

By using the Service, Users are obliged to regularly check the accuracy of their information in the Database and shall assume all risks for any potential errors. If Users have any doubts or requests regarding their information stored in the Database, they may contact Technogym using the e-mail address indicated below.

Formulas

Users shall be provided with information processing formulas acquired by the Service and based on the most widely accredited scientific literature, with the sole purpose of providing a purely general guideline for the User’s convenience. Users therefore recognise and accept that any automatic processing performed by the system does not provide medical diagnoses or judgements and that Users may not rely on this information, partly because the Administrator does not issue any guarantee or declaration of its reliability, nor does it intend to provide services that are by law reserved for healthcare professions. Users should therefore have regular health check-ups with their GP given that their doctor is solely responsible for providing diagnoses, treatment and health assessments for Users.

Personal activities and notes

The Service also provides Users with a diary feature that lets them organise and make notes on their own daily activities. Users should be aware that by entering information into this section of the Database, the Administrator shall have free access to this information. Users therefore waive any right to confidentiality over the information entered and when making notes on these activities they shall comply with all the provisions of these terms and conditions. This does not affect any legally binding limitations and provisions, including personal data processing legislation.

Liability waiver

Everything published as part of the Service is issued without any guarantees, conditions or other terms. Similarly, without prejudice to any legally binding limitations, the Administrator allows Users to use the Service on the express condition that no declarations, guarantees, conditions or other limitations come into effect (including, without restriction, implicit guarantees of good quality, suitability for the proposed use and compliance with reasonable care and due diligence or with professional due diligence which, except for the exclusions of these terms and conditions, could have an effect on the content of the Service).

Exclusion of consultancy services

Papers, studies and other material on the Website or as part of the Service are not intended as professional consultation or recommendations to be relied on. Users recognise and accept that the Website and/or Service does not provide medical or healthcare services and that any material published does not replace professional medical consultation. Users recognise and accept that the Administrator is not responsible for any issues resulting from the confidence entrusted by the User, or by any other subject notified of this content, regarding the reliability of the data or content on the Website and/or Service.

  1. LIABILITY

Without prejudice to any legally binding limitations (such as any restrictions regarding consumer protection or for damage caused intentionally or through gross negligence), the Administrator cannot be held liable nor can any other party acting on its behalf (regardless of whether this party was involved in the creation, production, maintenance or fulfilment of the Service), nor can any other company of the Administrator’s group or any of their administrators, directors, employees, partners or agents, for any sum or for any type of damage incurred by the User or by any third party (including, by way of example and without limitation, any direct or indirect damage, actual damage, loss of profits, damage to goodwill, loss of data, contractual or non-contractual damage, inflation adjustment, interests or other aspects resulting from or in any way connected to the interruption of business, including purely due to omission or negligence, depending on contractual or non-contractual liability) that is in any way dependent on the provision of the Service or in any way connected to the use, inability to use or resultant use of the Service, or dependent on any other websites, applications or other devices connected to the Service or on material found on these websites, applications, etc., including, without limitation, any loss or damage caused by the spread of viruses which could infect the User’s electronic equipment (PC or other devices), software, data or other property used for access, use or browsing by the User or used to download material from the Database or from other websites or applications connected to the Service.

This limitation of liability is not intended to replace legally binding restrictions and does not come into effect in cases of wrongful intent or gross negligence.

  1. LINKS TO or FROM OTHER WEBSITES

Links on the Website to third-party websites are only offered to help users at the Website. By using these links, you leave this Website. The Administrator has not checked the websites which are linked to the Website and has no control over or responsibility for how they are run, including their content or availability of use. The Administrator therefore does not make any guarantees or declarations regarding these websites or the material which can be found there or for any issue resulting from their use. As soon as visitors to the Website decide to access these links, they do so at their own responsibility and risk.

If Users wish to create their own link to the Website, they may do so only on condition that an effective link is created to the Website homepage and the content of the Website is not copied, and that:

  1. the size or features of the Technogym® and Mywellness® trademarks or any other corresponding logo are not removed, distorted or in any other way altered;
  2. no frames are created and/or no other browsers or backdrops are included around the Website;
  3. this link does not imply, including indirectly, that the Administrator is promoting third-party products or services;
  4. it does not attempt to represent, even surreptitiously, any form of relationship between the Administrator and the user of the link, and does not convey false or distorted information on behalf of the Administrator;
  5. it does not attempt to use any trademark or logo from the Website without the Administrator’s prior express written consent;
  6. this link is created by a website not run by the user registered to the Website;
  7. the website of the User of the Website does not display any disgusting, offensive or controversial content or which may be detrimental to any intellectual property rights or any other third-party rights or which in any other way breaches legislation, regulations, public order or morality.

The Administrator is entitled to withdraw the User’s right at any time to create a link to the Website or to take any other measures which it deems necessary or appropriate even if just one of the terms and conditions laid down in this section has been breached.

The User shall keep indemnified the Administrator against any loss or damage incurred due to a breach of any of the terms and conditions established in this section.

  1. TERMS AND CONDITIONS FOR USING THE SERVICE

Users accept all burden and responsibility for any potential adjustment to their hardware, software or other equipment, or for the repair, maintenance or correction of this equipment necessary to use the features of the Service provided by the Administrator.

  1. APPLICABLE LAWS AND DISPUTES

These terms and conditions are subject to Italian law, excluding international conflict-of-law rules and the UN Convention on the International Sale of Goods. The Italian judge at the Court of Bologna, Italy, shall have jurisdiction, within legally binding limitations, over any disputes resulting from these Terms and Conditions of Use of the Service. Nevertheless, it shall be agreed that, notwithstanding the above, the Administrator may bring the User before any competent jurisdiction or judge in the event that (a) payments owed by the User for use of the Service must be recovered; (b) it intends to seek protection for any breach of industrial or intellectual property. This clause is not intended to derogate from any legal provisions which lay down the competence of the consumer’s natural court of law, if the User is classed as a consumer according to applicable law.

For any clarifications on the Terms and Conditions above, or for any complaints or clarifications on material relating to the Service, please contact the Administrator at the following e-mail address: mywellnesscloud@technogym.com.