Conditions Of Use | Gyma Kids

Gyma Kids Platform - Conditions Of Use

Welcome to the Gyma Kids Platform by Gyma.fit! By using our platform, you agree to comply with the following Conditions Of Use.

Please read these Conditions Of Use (collectively with Gyma Ltd, Privacy Policy , Community Guidelines and Copyright Dispute Policy, the “Conditions Of Use”) fully and carefully before using kids.gyma.fit (the “Site”) features, content or applications (together with the Site, the “Services”) offered by Gyma Kids by Gyma Ltd. (“GymaKids”, “we”, “us” or “our”). By using the Gyma Kids App, you acknowledge that you have read, understood, and agreed to be bound by these Conditions Of Use. If you do not agree with any part of these conditions, please refrain from using the Platform.

Acceptance of Conditions Of Use.
1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Conditions Of Use and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional Conditions Of Use specified by us from time to time; your use of such Services is subject to those additional Conditions Of Use, which are incorporated into these Conditions Of Use by this reference.
3. These Conditions Of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2. Eligibility. You represent and warrant that you are at least 18 years of age and above. If you are under age 18, you may not, under any circumstances or for any reason, use the Gyma Kids and its Services. We may, in our sole discretion, refuse to offer Membership Plans and the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Conditions Of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Conditions Of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

3. The Services.

Overview. The Services allow you to reserve, purchase, access and attend a wide range of recreational activities and sport providers that Gyma Kids does not own, operate or control any of the activities or services that are offered at or through such facilities, or guarantee the availability of particular activities or services. The type, quantity and availability of activities and services offered are determined by Gyma Kids in its sole discretion.
Options. Gyma Kids has various monthly subscription plans as well as non-subscription purchases so called monthly subscriptions for each partner individually. These options may be subject to additional Conditions Of Use. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. Gyma kids makes no representations or warranties on the quantity, availability, type or frequency at which any activities or other offerings will be available to you.
Plans. You will need to register for an Account (as further described below) before you sign up for a subscription or use any of our Services. A subscription starts on the date you as a member decide to begin the subscription and submit payment via a valid Payment Method (defined below). Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, each billing cycle is one month in length (a “Subscription Cycle”). When you sign up and purchase your Gyma kids subscription, your first Subscription Cycle will be billed immediately and it will start counting the date you chose. Your Gyma kids subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method on the same date each month, until your subscription is cancelled or terminated. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. If you add a subscription or if you pause, hold, resume, restart, postpone, cancel, upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Conditions Of Use. Subscriptions will continue indefinitely until canceled or terminated.
Credits. If you have a membership, you will be allotted credits to be used to book activities during a Subscription Cycle. If you don’t use all of your credits before your Subscription Cycle ends, your credits will be lost. You may also happen to receive credits through purchasing credits individually, through other plans, refunds, credit-backs, or through other means and they will also expire with these same terms applied. If your subscription is canceled or terminated your unused credits will expire immediately. We will not refund your payment for any unused amount, and credits have no cash value outside of our Services. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits.
Activity Availability. The prices and number of credits needed to book a specific activity is based on a number of factors, including facilities, location, pricing, popularity, and other characteristics. Gyma Kids does not guarantee the availability of particular activities, and availability may change at any time. Gyma Kids determines the type, quantity, prices, discounts, credits, allocation and availability of activities in its sole discretion.
Reservations and Cancellations. As a Gyma Kids user, you must reserve and cancel your activities through the Site.

4. Gyma Kids

Services Description

Gyma Kids is an online marketplace and platform (including content, commerce, directories, services, communication tools, news, guides, offline and online activities, business software, and other tools and services) designed for Parents to find and book Classes, Activities, Services, and Products (“Classes”) for the benefit of their child or children and for businesses, class providers, and instructors (“Providers”) to market, sell and conduct their Classes. These Classes include both in-person and live online Classes that can be delivered through the Gyma Kids Digital Platform, other platforms, and other means.
As the provider of an online marketplace, tools, and platforms, Gyma Kids does not own, create, sell, resell, control, or manage any Classes. Gyma Kids responsibilities are limited to: (i) providing the Site as an online marketplace and platform (including, but not limited to the Partner Dashboard, Partner Site, and Gyma Kids Digital Platform) to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Provider for the purpose of accepting payments from a Parent on behalf of the Provider.
There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Gyma Kids strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not Gyma Kids. Gyma Kids does not control the behavior of Users or the quality of the Classes. As a result, Gyma Kids cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.

5. Registration. To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user Account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

6. Termination. We may terminate your access to all or any part of the Services at any time including Gyma Subscriptions, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to Gyma Kids in future months or to restrict your access in future months. If you cancel your subscription or it is terminated for any reason, you will lose access to all activities, content, credits or features available through the subscription. All provisions of these Conditions Of Use which by their nature shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Governing Law and Jurisdiction. These Conditions Of Use shall be governed by and construed in accordance with the laws of the Republic of Cyprus. You agree that any dispute arising from or relating to the subject matter of these Conditions of Use shall be governed by the exclusive jurisdiction and venue of the Republic Of Cyprus.

8. Modification. We reserve the right, in our sole discretion, to modify or replace any of these Conditions Of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Conditions Of Use periodically for changes. Your continued use of the Services following notification of any changes to these Conditions Of Use constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Conditions Of Use in effect at the time of such use.

9. Indemnification. You shall defend, indemnify, and hold harmless us, our partners and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Conditions Of Use, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

If you have any questions or concerns, please contact our support team at info@gyma.fit

Effective Date of Conditions Of Use: 2 January, 2024