CONTRACTUAL TERMS
1 – Object
These Terms govern the ways in which Gymtrainer srl, with registered office in San Martino Buon Albergo, Verona, via XX Settembre 32 / A, P.IVA 04643350236, REA VR-437388, pec: admin@pec.gymtrainer.net, sells the use of the „BookyWay” service, according to the technical and economic characteristics described on the website www.bookyway.com, in the state of fact and law in which it is found on the date of purchase.
2 – Definitions
For these Terms, the following is defined: Purchaser: the person who creates his/her account to manage his/her business through the website www.bookyway.com and who purchases the credits necessary to enter the names of the Users within the system. The Buyer must be at least 16 years old. End-User: the one in favor of which an account is created by the Buyer. Seller: the owner of intellectual property rights on BookyWay, identified in the company Gymtrainer s.r.l.
3 – Conclusion of the contract
3.1 The creation of the account from the website www.bookyway.com and the use of BookyWay implies the complete acceptance by the Purchaser of the content of these terms, making them binding towards the buyers.
3.2 The contract ends on the date of creation of the BookyWay account from the website www.bookyway.com
4 – Subject of the license
4.1 BookyWay is composed of two main functionalities, which are: „My trainings” which manages user training and „Course calendar” which manage courses and classes.
4.2 Access to services takes place through the inclusion in the system of an i.d. (correspond to the email provided by the Purchaser at the time of registration), and a password automatically assigned by the system to the Purchaser and communicated to the same by email. The Purchaser can enter „managers” or „personal trainers” within the system, that is people who can access the system for its management. The Purchaser acknowledges and agrees that the knowledge by third parties of its authentication credentials could allow the latter to unduly use the services in its name. The Purchaser, therefore, undertakes to keep and use these credentials with the utmost confidentiality and diligence. The Purchaser also undertakes to promptly notify the Seller in writing of any unauthorized use of its i.d. and / or password and any other breach of security of which it becomes aware.
4.3 The maximum number of workout cards that can be created by the Purchaser for each user is eight. To make additional new cards for each user, the Purchaser will have to delete old cards or buy the possibility to create new ones at the costs indicated on the website www.bookyway.com.
4.4 The maximum number of personalized exercises for training cards (which can be associated with an image), which can be loaded onto the system by the Buyer, is 200 (two hundred).
5 – Limitations – compatibility – updates
5.1 The Purchaser is aware that the BookyWay app can be downloaded and used only by users who own a smartphone with an IOS or Android operating system and that is accessible via the m.bookyway.com web app from any browser on a smartphone or a computer.
5.2 The Seller ensures the operation of the app on current operating systems and existing hardware and version of current browsers.
5.3 The Purchaser must provide, at his own expense and under his personal responsibility, all the equipment necessary to use BookyWay. All compatibility checks are the sole responsibility of the Purchaser.
5.4 The Seller reserves the right to modify the technical characteristics of BookyWay (and therefore to update it) and to change the conditions of the offer at any time and without notice when this is made necessary by the technological evolution. The Seller will endeavor to adapt the services to the technological evolution, but it is henceforth exempt from any liability if, due to technological evolution, they were no longer compatible with future operating systems and / or hardware and / or browsers. The Purchaser assumes the risk that the technical and IT evolution may make BookyWay and its future updates to its hardware structure incompatible. (The contracts concluded before the inclusion of the variations will still be fully respected under the agreed conditions.)
5.5 The Seller cannot be held responsible for any temporary disruptions due to problems related to infrastructures such as, for example, providers, servers, internet networks, etc. The very nature of internet services, in which many entities are involved, does not allow us to provide any guarantee on the constant usability of the BookyWay functions. The Purchaser acknowledges and accepts that it will not be able to make any request for compensation, reimbursement or compensation to the Seller for the period of time in which it will not be able to use the BookyWay functions. The Seller cannot be held responsible for any problems relating to the registration/unsubscription to the courses made by the customer or by the users in which case for any reason the system should have any of the problems described above and which for any reason could lead to the cancellation or alteration of the data. The Purchaser cannot therefore for any reason, hold the Seller liable for damages relating to the non-participation in the courses/classes by the users or to the eventual loss of the end users themselves.
5.6 Gymtrainer srl is not responsible for the non-receipt of e-mails to end-users, sent automatically by the system during the registration phase. The non-receipt can be attributed to various factors not dependent on Gymtrainer srl such as (for example only): the placement of the e-mail in the user’s junk mail or a filter (put upstream by a provider or by a company protection system) which prevents its delivery. Gymtrainer srl will, therefore, not be responsible if the buyer should re-enter the user in the registry using a different e-mail address and therefore using an additional credit.
5.7 Gymtrainer s.r.l. It cannot be held responsible in any way for attacks on its platform by hackers who may block the system, tamper with or partially or totally delete the data on BookyWay. Gymtrainer s.r.l. will do everything possible to protect and protect the Buyer and the End Users by adopting every possible adequate measure against the damage to the data present in the system, which, due to the nature of the latter, are unpredictable. The responsibility of Gymtrainer will be limited to communication to the Buyer within 24 hours from the moment in which it becomes aware of this event and in any case, in compliance with the provisions of the GDPR.
6 – Intellectual property rights.
6.1 The structure, organization, and source code of BookyWay constitute the intellectual property of the Seller and are protected by law. Except as expressly provided for in the following point, these terms do not grant the Customer any intellectual property rights on BookyWay and apps; all rights not expressly granted are reserved to the Seller.
6.2 The Seller allows the Purchaser, without any exclusivity, the use of BookyWay services in the manner indicated in the following articles.
6.3 The Purchaser will be able to create accounts, without any quantitative limitation, of accounts in favor of its customers (end users) to allow its customers to exploit the full potential of BookyWay individually.
6.4 The Seller, at the express request of the Purchaser, may himself create accounts in favor of the Purchaser’s customers (end users), subject to the transmission of the data necessary for registration.
6.5 The Purchaser cannot grant or distribute BookyWay to third parties.
6.6 The modification, adaptation, translation, or creation of derivative works based on BookyWay is strictly prohibited. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the BookyWay source code.
7 – Purchase price
7.1 BookyWay is sold to users. This means that it can be used via a browser on your computer, as well as the app. on your smartphone. The creation by the Purchaser of an account (user) in favor of its customers (end users) is instead paid, at a price indicated in the art. 7.2.
7.2 The fee for the creation of an account will be the one stated on the website at the time of purchase of the single user. The Seller, therefore, reserves the unquestionable right (of which the Purchaser takes simultaneous acknowledge) to modify and update the price and the conditions of sale, after the publication of the new fee and terms on the website www.bookyway.com.
7.3 In the event of useless use by the End User (via the smartphone) due to the original or unexpected incompatibility of his device, nothing shall be due to the Purchaser by the Seller. In this case, the Purchaser may continue to use all BookyWay functions for that specific user.
7.4 By the 5th of each month, the Seller will issue an invoice for the accounts created by the Purchaser in the previous month. The invoice will be sent by e-mail.
8 – Duration of the contract
8.1 The contract has a duration of 5 years, starting from the date of activation of the service (i.e. from the creation of your account. The parties agree that, on the date of its natural expiry, the contract will be tacitly renewed for a further year under the established conditions at the time of the conclusion of the contract (ex art. 3) or modified by the Seller pursuant to the previous article 7, and so from year to year, unless terminated by one of the parties communicated to the other by registered letter with acknowledgment of receipt or registered email, shipped at least 30 days before the deadline.
8.2 In addition to the provisions of point 8.1, the contract expires in the event of ascertained failure to use BookyWay for a period exceeding two years. In the case governed by this article 8.2, the Purchaser will receive an email in which he will be informed of the imminent expiration of the contract for non-use, receiving however the possibility of avoiding the deactivation of the account through a positive action.
8.3 At the termination of the contract, due to the cancellation or other cause, the Purchaser will no longer have the right to use BookyWay, the possibility of activating new accounts will be deactivated and any credits purchased will be lost.
9 – Appointment as responsible for processing personal data
9.1 The Purchaser is the sole owner of the processing of personal data of end Users, to which the Purchaser offers, in addition to its services, also the functions of BookyWay. The Purchaser, in his capacity as owner of the processing of personal data of end users, assumes all responsibility for the acquisition of consent to the processing of personal data of its customers, also with reference to any minor customers under 16 years, and therefore assumes all responsibility for the use and storage of personal data of end users as well as the confidentiality of their authentication credentials whose transfer to third parties could allow unauthorized access to the personal data of end users.
9.2 The Purchaser, in his capacity as owner of the processing of personal data of end Users, expressly appoints Gymtrainer srl as the data controller for the data mentioned above. The personal data of end users are transmitted to gymtrainer srl with the sole purpose of allowing the execution of this contract and, therefore, to provide the Purchaser and end users with all the services and functions of BookyWay, with the express exclusion of their use for marketing or profiling purposes. More in detail Gymtrainer srl will use the personal data received to create the account of the End User and send him the related credentials via email.
9.3 The personal data of end users processed by Gymtrainer srl are exclusively the data required for the creation of the end user account: name, surname, email, date of birth.
9.4 The data processed by Gymtrainer s.r.l. are currently stored:
– on the server of the Microsoft company, through their „Azure” cloud computing platform and services, currently located in the West Europe data center in Amsterdam, duly appointed as Data Processor.
– On Sendgrid, a mailing service for the sole purpose of sending notifications related to the activities of the buyer towards the end users (e.g. confirmation of enrollment in the courses) and therefore exclusively associated with the regular use of the BookyWay services.
Gymtrainer srl securely stores the personal data it comes into possession of, taking all appropriate measures against the loss, destruction, or damage of the same. The data will be kept until the purposes for which they are processed are achieved and, therefore, until the contract expires according to the preceding article 8 when the data will be deleted, and the owner will be informed by email.
9.5 Gymtrainer srl guarantees the data controller that he has taken all necessary measures to ensure the exercise of the rights of the data subject: the data controller has the right to access the personal data of end users treated by Gymtrainer srl, as he is entitled to their cancellation, correction and return if requested by the interested party. These data will be viewed by accessing the personal account from the BookyWay platform. The processed data may be canceled or rectified promptly through the dedicated functionality on the platform. In particular, data such as name, surname, and email address, for security reasons cannot be modified but only deleted.
9.6 The data controller explicitly authorizes Gymtrainer srl to appoint the persons responsible for the processing of personal data of the end users, people and companies that perform services connected and instrumental to the execution of the purposes indicated in number 9.2 on behalf of the owner and therefore with the exclusive purpose of allowing the execution of this contract with the express exclusion of their use for marketing or profiling purposes. The Data Processors appointed by Gymtrainer srl is committed to confidentiality and have assumed the same obligations that Gymtrainer srl has assumed towards the data controller. Gymtrainer srl retains any responsibility towards the data controller for the fulfillment of the requirements of the managers appointed by it. The updated list of those responsible is kept at the Gymtrainer srl headquarters and can be viewed on request by sending a registered letter to Gymtrainer s.r.l. or by sending an email to the addresses indicated in the art. 1.
10 – Images
10.1 Within the function for the creation of classes and courses, there are personalized images that can be associated with classes and courses. These images will be visible on the smartphone of all end users when they enter the classes and courses section to make the reservation. Gymtrainer s .r.l. has acquired the rights to images with full rights from image banks and cannot be disseminated by the customer other than the BookyWay system.
10.2 In the „Special Gallery” section, you will find images relating to companies that sell equipment or create models of copyrighted courses that are sold by these companies to sports companies, customers of BookyWay.These companies have contracted with Gymtrainer s.r.l. the use of their images within the BookyWay-from-gymtrainer system and can be used by the client solely and exclusively if the latter has, in turn, bought the rights for the course associated with the image from the company or use the equipment that he purchased from them. The data relative to the registration by the users of this last type of courses linked to special images, intended as number, date of registration and other non-sensitive information on those classes/courses, can be communicated in confidence by Gymtrainer s.r.l. to the company that owns those courses/classes.
10.3 The Purchaser assumes full responsibility for all material, be it text or images, which he will insert into the BookyWay system and visible to its end Users. It will assume, in particular, the full responsibility in case of publication of data that go to damage the sensitivity of the end Users or in the case were reserved data or images without the right of publication owned by third parties.
11 – Changes to the agreements.
The Seller may make changes to the agreements occasionally and at his discretion. In the event of material changes to the agreements, the Seller will inform the Purchaser as appropriate based on the circumstances, for example, by displaying important announcements within the service or by sending an e-mail. In some cases, the Seller will inform the users in advance, and the continued use of the service after the execution of the modifications will constitute the acceptance of the changes by the Purchasers in question. Please read carefully any communications of this type. If you do not wish to continue using the service following the new version of the agreements, you can terminate the agreements by sending an e-mail to support.en@bookyway.com.
12 – Express termination clause
This contract terminates by law according to art. 1456 of the Civil Code if the Purchaser:
a) assigns all or part of the agreement to third parties;
b) is in default in any way against the Seller;
c) use BookyWay differently than what was agreed upon. In the hypotheses indicated above, the termination occurs by means of a unilateral declaration by the Seller, to be executed by registered letter or certified e-mail. The Purchaser acknowledges that the sums paid by the same will be retained by the Seller as a penalty, except in any case the compensation for more significant damage, without the Purchaser being able to make any request for reimbursement, compensation, and losses for the period of time when he did not use BookyWay.
13 – Unlawful use and suspension of the service.
In the event of unlawful use, the Seller will suspend the service to the Purchaser, rendering any BookyWay function unusable. With the acceptance of these legal notes, the Purchaser cannot under any circumstances and for no reason hold the Seller liable for any economic damage caused by such termination of the service and the credits paid up until the moment of suspension for unlawful use will not be refunded. Any action carried out by the Purchaser, clearly fraudulent, designed to prevent the purchase of the necessary credits to carry out the normal functions correctly, is considered as illegal use. This category includes, by way of example: the insertion of end users by fake or generic names (not directly attributable to a person by name and surname) during the free trial period in order to associate an address thereafter and e-mail, the association of an e-mail address with the name of an End User different from the e-mail holder or the creation of workout cards by inserting the name of an End User instead of the name of the card, all actions to prevent the purchase of credits for the management of those End Users. The Seller may, at its discretion, provide via e-mail the reporting of such unlawful uses to the Purchaser (reported by its automatic computer control systems), before permanently suspending the service. In this case, the Purchaser will have five days to eliminate all end Users or improperly created forms from their cloud, after which the subsequent reporting by our systems will result in the automatic blocking of the service.
14 – Withdrawal
The Seller reserves the right to withdraw from the contract at any time and without giving reasons, giving written notice to the Purchaser, with at least 30 days’ notice, by registered letter a.r. or PEC. After the deadline indicated above, the Seller may at any time deactivate, disable the service offered and, therefore, disable the activation of new accounts. Any reimbursement or compensation or indemnity or liability of the Seller for the exercise of the right of withdrawal is explicitly excluded.
15 – Jurisdiction, Jurisdiction and applicable law
This contract is governed by Italian law. Any dispute concerning the interpretation, execution, and termination of the contract will be subject exclusively to the Italian jurisdiction, and the competent Jurisdiction will be that of Verona, made in any case without prejudice to the legislation protecting the consumer.
16 – Unfair terms
According to and for art. 1341 and 1342 c.c., the Purchaser, after having taken careful and specific knowledge of it, approves and expressly accepts the following clauses:
Art. 4.4 – Cancellation of courses and classes
Art. 5.4 e 5.5 – Limitations-compatibility-Updates
Art. 7.2 – Modifications of the Purchase Price
Art. 8 – Duration of the contract
Art. 9 – Confidentiality
Art. 11 – Variation of the agreements
Art. 12 – Express termination clause
Art. 13 – Unlawful use and suspension of the service.
Art. 14 – Withdrawal
Art. 15 – Jurisdiction – Forum – Applicable law.
