Welcome to Esquared. The only app you need to find the gym to suit you at a place and time that suits you. By downloading or using our application (“App”), website, social media pages or other Services provided by us, you are agreeing to these Terms of Service (“Terms” for short) and our Privacy & Cookies Policy. Please read this carefully so that you know what you can expect from us and what your responsibilities are.
Our Terms set out the contract between you and us and include our Privacy and Cookies Policy and any additional terms or policies that we notify you of.
- OUR SERVICES
We enable users, through the Esquared App installed on your GPS-enabled smartphone, to locate Facilities where you can buy a place in a class or a session (such as at a gym, wellness centre or with personal trainer) at the time and place offered (our “Services”). These Services include the use of fitness facilities, fitness classes, personal training sessions, wellness services and more. We are constantly adding a variety of services to improve the experience and variety available to our users.
The time slots and availability of Facility and services will vary depending on how many spaces are available at any one particular time. Even though we are constantly adding to the number of Facilities available on our Service, we cannot guarantee the availability of sessions or Facilities as access is on a space-available basis.
Esquared accepts orders for a place in a class or a session as a disclosed agent for the Facility (as principal). Esquared does not operate a Facility or offer places in classes or sessions to use a Facility. Class places and sessions are purchased by you from the Facility. As Esquared is the agent for the Facility, the contract for the class place or a session is between you and the Facility. Esquared is not a party to that contract and acts only as an intermediary between you and the Facility.
CLASSES AND SESSIONS
You may place an order for a place in a class or a session at an available time slot of your choice. A binding contract is formed between you and the Facility when we accept your order and send to you a unique pass code that will allow you to visit your chosen Facility once at the time that you have chosen. Please note that the pass code will only be valid for the specific Facility at the specific time and for the specific service that you have paid for.
When you purchase a place in a class or a session, you are entering into a contract with the Facility you have chosen and Esquared will collect payment from you on behalf of the Facility. At the point of purchase, you will be charged 100% of the amount shown.
- CANCELLATION AND REFUND POLICY
You may cancel a 2-hour gym session up to the start time. Upon cancellation you will receive a credit in your account for the amount paid, and this credit can be used within 30 days from the date of credit issue at any venue. After 30 days, any unused credit will expire and be removed from your account.
If you do not check-in for your gym session you will still be charged for the session.
All cancellations must be carried out using the Esquared app.
For class places,
- If you cancel more than 12 hours before the start time of the specified class, you will receive a credit in your account for the amount paid. This credit must be used within 30 days from the date of credit. After 30 days, any unused credit will expire and be removed from your account.
- If you cancel between 1 -12 hours before the start time of the specified class, you will receive a credit in your account for the amount paid (“Specific Credit”). This Specific Credit may only be used within 30 days at the site of the original booking only. You are only allowed to receive one Specific Credit per class provider per 30 day period.
- You will not receive a credit or refund for cancellation with less notice than required above.
For personal training or wellness sessions:
- If you cancel more than 24 hours before the start time of the specified session, you will receive a credit in your account for the amount paid. This credit must be used within 30 days from the date of credit. After 30 days, any unused credit will expire and be removed from your account.
- If you cancel less than 24 hours before the start time of the specified session or you do not show up, you will not receive a refund or a credit. You may however contact the Facility to find out if the Facility will allow a rescheduled appointment in the Facility’s sole discretion.
If you are refused entry into a Facility for health reasons, you may contact Esquared to obtain a credit. After a place in a class or a session has been attended / fulfilled, it cannot be refunded.
- MINIMUM AGE
You have to be 16 years of age or above to buy a place in a class or a session. Please note that certain Facilities may require a minimum age of 18 years of age. Please check the Facility’s profile page before you make a purchase.
- YOUR ACCOUNT AND ACCOUNT SECURITY
You may browse through our Services without creating an account. When you want to purchase a place in a class or a session, you will need to create an account by providing information including your email address, a password and contact details.
Here are some commitments you make to us about registering and maintaining the security of your account:
- You will not create an account for anyone other than yourself without permission
- You will not transfer your account to anyone without first getting our written permission
- If we disable your account, you will not create another one without our permission
- You will not share your password or let anyone else access your account, or do anything else that may jeopardize the security of your account
- You will ensure that your account information is accurate, complete and up to date and your email address is valid; and
- We reserve the right to remove or reclaim a username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
If you learn of any unauthorized use of your password or account, please contact us by sending us an email at: email@example.com .
- YOUR PERSONAL INFORMATION
In order to optimise and customise your use of our Services, we collect certain information about you. Where we collect information that can be used to identify you, we call this “Personal Information”. We are very careful about guarding the security of your Personal Information. To find out more about how we use and share your Personal Information and how you can control it, please read our Privacy and Cookies Policy.
- RULES FOR USE OF OUR SERVICES
You must follow these Terms when you use our Services:
- You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory
- You will only download our app or use our Services for your sole, personal use and will not sell on or pass our Services to a third party
- You will not impersonate or falsely state your affiliation with any person or organisation
- You will not send or otherwise post unauthorised commercial communications (such as spam) on or through our Services
- You will not collect users’ content or information, solicit login information or access an account belonging to someone else
- Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission
- You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack
- You will not upload viruses or other malicious code
- You will not post content that is hateful, threatening, defamatory, pornographic, obscene, incites violence, contains graphic or gratuitous violence, infringes another party’s intellectual property or other rights or is otherwise objectionable
- You will not facilitate or encourage any violations of these Terms
We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct. We may refuse use of our Services or App without providing reasons.
- MOBILE NETWORK CHARGES
Our Services may require the use of data access and text messaging and may incur charges from your mobile network provider. You are responsible for all charges that your mobile network provider may apply.
Once you have activated your place in a class or a session by visiting your chosen Facility at the allocated time slot, you will be prompted to leave feedback about your experience at the Facility. You understand that any feedback that you provide will be shared with the Facilities and publicly displayed on our Services (including our App) so that it is viewable by the general public. You grant to Esquared a non- exclusive, worldwide, royalty-free, perpetual, irrevocable right to use, copy, translate, distribute and disclose to third parties any feedback or user content you submit or post for any purpose, in any medium.
You are solely responsible for any personal data or information that you choose to disclose and make publicly accessible by posting it on our Services. We are not responsible for the disclosure and public accessibility of such personal data or information. Any personal data or information or any other content you post to publicly accessible areas may remain publicly accessible indefinitely.
The Facility will also be able to provide star rating feedback for each Facility user. However, your star rating will only be shared with Esquared. The default star rating for a new user is 5 stars. A user’s star rating may be affected by different factors, including, for instance automatic deductions if the user does not check out before the end of the purchased 2 hour time slot. Deductions increase in proportion to the lateness of the check out by the user. If a user’s or Facility’s star rating falls below 2 stars, we reserve the right to refuse use of our App or Services.
Whilst Esquared does not monitor any feedback or content posted by users, Facilities or any third parties, when it comes to our notice, we reserve the right to remove or refuse to display any content that breaches our Terms or is otherwise unfair or objectionable. If you see anything that you are concerned about and want to notify us, please do so by pressing the “Report this post” button.
- CREDITS AND REWARDS
From time to time, Esquared may run promotions where the user can earn credit points or rewards for sharing their Esquared booking on social media or for recommending a friend. These credit points are not exchangeable or redeemable for cash and may expire within a set period of time if not used. Credit points may be redeemed in accordance with the credit redemption policy of Esquared. Please see the promotion rules for more information.
- Esquared REFER A FRIEND TERMS & CONDITIONS
Refer-A-Friend Program: Existing, paying Esquared registered user (“Referrers”) can refer friends to subscribe to the Esquared service in return for credit in the App. This can be achieved by Referrer logging into his/her account on the Esquared App and copying his/her unique referral code provided by Esquared (“Referral Code”) and sending it to his/her friend(s) (“Referred Friend”) by another method, such as SMS, social media or from a personal email account.
For each Referred Friend that activates the Referrer’s Referral Code, the Referrer will receive a one-time amount of credit and the Referred Friend will receive a one-time amount of credit (“Referral Credit”). Referrers and their Referred Friends will receive the Referral Credit amount advertised in the Esquared App. The Referrer will receive the one-time amount of credit when the Referred Friend completes their first booking. Confirmation of the credit will be received in the form of an email. Referral Credit amounts may vary by geographical area and are subject to change at any time without notice.
Referrers: To qualify, a Referrer must be a registered Esquared user. When using their Referral Code, Referrers must make sure they clearly explain that they will receive a Referral Credit for each Referred Friend.
Referred Friends: To be eligible to participate in the Refer-a-Friend Program, Referred Friends must be new to Esquared (can’t already have an active or inactive Esquared account), must be at least 16 years old and otherwise qualify to be a Esquared user.
Conditions: Esquared will only honour the first Referral Code through which a Referred Friend redeems the Refer-a-Friend offer.
No combination or cash value: Referral Credits may not be: (i) sold or transferred; or (ii) redeemed for cash.
Expiry: Unless otherwise stated, all unused Referral Credits expire after six (6) months.
- LICENCE TO USE OUR APP AND SERVICES
Our Services, including the Esquared App, contain software, technology and proprietary and confidential information that is protected by intellectual property and other laws. Content on our Services may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorised by Esquared or the applicable licensor (such as a Facility), you will not use, distribute, reproduce, adapt, publish, translate, create derivative works from, rent, sell, publicly perform or publicly display any part of our App or Services.
In order to allow you to use our Services in accordance with our Terms, we grant to you a personal, revocable, non-transferable and non-exclusive licence to use our Services on your device. However, you must not (and must not allow any other person to) copy, adapt, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in our Services, including our software. This will not apply where you are expressly permitted to do so by law or the relevant licensor.
- LINKS TO OTHER SITES OR APPS
Our Services may include links to websites or apps provided by another entity. These links are provided for your convenience only. We do not endorse and are not responsible for such third party websites or apps.
- OTHER PEOPLE’S RIGHTS, INFORMATION AND CONTENT
We respect other people’s rights, and expect you to do the same. You will not post content or take any action on our Services that infringes or violates someone else’s rights or otherwise violates the law.
You may not use content from our Services unless you obtain permission from us or its owner or are otherwise permitted by law. Our Services display some content that is not owned by Esquared. This content is the sole responsibility of the entity that makes it available. Branding, trademarks, service marks and logos used in our Services may belong to Esquared or other persons. These Terms do not grant you the right to use them. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access.
- CHANGES TO OUR SERVICE
We are constantly changing and improving our Services. We may change, add or remove functionalities or features and we may suspend or stop a Service altogether.
Occasionally, we may have to:
- interrupt the Service. If we do so, we will restore it as quickly as we can; or
- make changes to certain technical specifications and product features.
We may not tell you beforehand about changes or interruptions that do not materially disadvantage you. Where any changes to our Services will materially disadvantage our users, we will tell you a reasonable amount of time in advance of those changes. For changes we need to make to meet security, legal and regulatory requirements, we may need to make those changes immediately. In this case, we will let you know about these changes as soon as we can. When any of our Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available.
- OUR OBLIGATIONS
Where applicable laws require, we will respond to legitimate requests by authorities or court orders to disclose information. In serious instances of abuse we may also notify the police or relevant law enforcement agency.
- CHANGING OUR TERMS
We may update our Terms for various reasons, for example, to take into account changes in our Services, the law or to deal with gaps in our Terms.
If we need to update our Terms, we will give you notice either by posting the change on our App, website or contacting you by email. You should look at these Terms regularly. Where we believe that a change is likely to cause you material disadvantage, we will let you know about the change before it happens. However, changes in our Terms relating to new functions for a Service or changes made for legal reasons will be effective immediately. If you continue to access or use our Services after we post any changes to these Terms, we will consider that you have accepted the changes. If you do not agree to any changes, you should discontinue your use of our Services. Refer to Ending the Service below for more information about how to delete your account.
- IF YOU BREAK THESE TERMS
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Services to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account and content. In all such cases, our agreement will come to an end.
Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
- ENDING THE SERVICE
You can stop using our Services at any time. You just have to tell us to delete your account by sending an email to this address firstname.lastname@example.org . Please see our Privacy and Cookies Policy to find out more about deleting your account.
In addition to our other rights, we may also stop providing our Services to you or add or create new limits to our Services. We may do this for these reasons:
- Your account is inactive for an extended period of time
- We discontinue our Services or part of it
- You break our Terms or are in breach of an obligation to us
- Unexpected technical or security problems.
Where we can, we will provide advance notice to you.
- WHAT WE ARE RESPONSIBLE FOR AND NOT RESPONSIBLE FOR
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. Whilst we make every effort to ensure that the information displayed on our Services is accurate and up to date, we do not guarantee the accuracy of all the information we provide. If you inform us of any inaccuracies on our Services, we will attempt to correct them as soon as we reasonably can.
There are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty. Other than as expressly set out in these Terms, we do not make any promises, representations, warranties or other commitments about our Services. For example, we do not make any commitments about the content within our Services, the specific functions of the Services or their accuracy, reliability, availability, completeness or ability to meet your needs. We provide our Services “as is”.
As Esquared does not operate Facilities, we are not responsible in any way in contract, tort or otherwise for your use of any Facility or your health and safety at any time. We are also not responsible in any way for content posted by a user, a Facility or any third party. Content posted by third parties is the responsibility of that party.
Some jurisdictions provide for certain warranties, like the implied warranty of satisfactory quality / merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.Where permitted by law, we will not be responsible for any of the following events (including our own negligence) even if we have been advised of the possibility of such losses:
- economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data or software.
To the extent permitted by law, the total liability of Esquared for any liability of any kind, including for breach of contract, tort (including negligence) or otherwise with respect to our Services, is limited to the amount that you paid us for the transaction that gave rise to the liability.
We recognise that in some countries, you may have legal rights as a consumer. Nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.
Nothing in this Agreement will prevent or limit either of our liability for:
- death or personal injury arising out of our negligence;
- any legally binding promise which is implied by law that we can provide the Service to you or that you can use the Service without interference; or
- any other liability which cannot be excluded or limited under applicable law.
This section (and any other clause excluding or restricting our liability) applies to our subsidiaries, affiliates, licensors and each of its officers, directors, employees and agents as well as to us.
In Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.
To the fullest extent permitted by applicable laws, you will keep harmless, defend and indemnify Esquared, its subsidiaries, affiliates, licensors and each of its officers, directors, employees and agents against any claims, losses, costs, damages, liabilities and expenses (including reasonable legal fees) arising from any claims by any third party, in connection with your use or misuse of our Services.
- MATTERS BEYOND OUR REASONABLE CONTROL
Sometimes we may not be able to do what we have agreed because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by Government or other competent authority, or industrial disputes. There may be other reasons too. In these cases, we do not accept responsibility for not providing you with our Services.
- SORTING OUT COMPLAINTS AND CONTACTING EACH OTHER
If you have a problem or complaint about our Services, please contact us at email@example.com . When we need to contact you with service announcements and other important information, we may post this on our Service or use the email address or other contact information you provided. As these are not marketing messages, you may not opt out of receiving them (unless you stop using our Services and delete your account).
- UNSOLICITED INFORMATION
If you submit any ideas, suggestions, proposals, or documents to Esquared (collectively, “Contributions” for short), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Esquared is not under any obligation of confidentiality regarding these Contributions; (iii) Esquared may have something similar to the Contributions already in development or under consideration; (iv) Esquared may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of Esquared without any obligation of Esquared to you; and (vi) you are not entitled to any payment, compensation or reimbursement of any kind from Esquared under any circumstances.
- OTHER THINGS WE NEED TO TELL YOU
These Terms make up the entire agreement between us regarding our Services, and supersedes any prior agreements. These Terms, our relationship and any non-contractual obligations arising out of or in connection with these Terms are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction to settle any dispute arising out of or in connection with these Terms, or any non-contractual obligation arising out of or in connection with these Terms.
You accept that this agreement for our Services is personal to you and agree not to transfer it to anyone else, or to try to do so. We can transfer this agreement for our Services to another company provided this does not adversely affect your rights under the agreement.
After these Terms come to an end, the provisions of this agreement, which by their nature extend beyond the termination, will survive termination of the agreement or termination of your use or access to all or any portion of our site.
No third party is entitled to enforce any term under this agreement under the Contracts (Rights of Third Parties) Act 1999.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- WHAT IT MEANS
“Personal Information” means anything that can be used to identify you, including information you give to us when you join and anything that we collect as you use our Services.
“Facility” means a fitness or other facility such as a gym, wellness centre, class provider, personal training studio or similar.
“Service” or “Services” means the services provided by Esquared, including our Apps, websites and any other online, offline and mobile services on or via any platform or technology.
The words “include” or “including” shall be construed without limitation to the words following.
Esquared Technologies Limited is a company registered in England.
Company number: 09624032
Registered Office: Suite 540, 5th Floor, 162-168 Regent Street, London, United Kingdom, W1B 5TF
Date of Last Revision: 16th July 2018