MYFLEXITY LTD. TERMS OF USE

These Terms of Use (the "Terms", in short) govern your access to and use of the MyFlexity Ltd. Site (as defined below) and our mobile app (the "App"), including any content, functionality and services offered on or through the Site (as defined below) and/or the App (together, the "Services"). The Terms are a legally binding contract between you and MyFlexity Ltd. Registration number 515811347 ("Flexity", "we", "us" or "our"). In order to use and participate in the Services you must read these Terms and our Privacy Policy and indicate that you understand and accept all of the terms and conditions herein. If you do not agree to the Privacy Policy or the Terms discussed herein, or if you feel you are unable to comply with your obligations under these Terms as well as your legal obligations, you may not use the Services.

THROUGH OUR ONLINE SERVICES, WE ENABLE TRAINERS (DEFINED BELOW) TO CREATE LISTINGS (DEFINED BELOW) FOR TRAINING SERVICES (DEFINED BELOW) AND TRAINEES (DEFINED BELOW) MAY BOOK SUCH TRAINING SERVICES. YOU UNDERSTAND AND AGREE THAT FLEXITY IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN TRAINERS AND TRAINEES, NOR IS FLEXITY AN AGENT OR INSURER. FLEXITY HAS NO CONTROL OVER THE CONDUCT OF TRAINERS, TRAINEES AND OTHER USERS OF THE SERVICES OR ANY TRAINING SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD. FLEXITY CANNOT AND DOES NOT CONTROL THE ACTUAL TRAINING SERVICES PROVIDED AND THE QUALITY, CONDITION, LEGALITY, FAILURE TO PROVIDE, SAFETY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY TRAINING SERVICES. FLEXITY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TRAINING SERVICES. ACCORDINGLY, ANY USE OF TRAINING SERVICES WILL BE MADE AT THE TRAINEE'S OWN RISK.

 

DEFINITIONS:

"Listing" means such specific Training Services that are listed by a Trainer as available for booking via the Services.

 “Site” means the Flexity website, accessible at www.flexity.io.

Trainee” means you or any other end user who requests a booking of Training Services via the Services.

"Trainer" means a third-party provider of Training Services who creates a Listing via the Services.

Training Services” means any workout, exercise or training services, including but not limited to private or group training, whether they are outdoors or indoors, at a studio, gym or park.

  1. THE SERVICES

In order to sign up to the Services, you need to create an account with Flexity. Here are a few rules about accounts with Flexity:

  1. You must be 18 or older to use our Services and book Training Services.

  2. When registering on our Services, please provide accurate information about yourself. You may not use false information or impersonate another person or company through your account. You may not transfer your account to anyone else. It is your sole responsibility to ensure that the contact and licensure information in your account is current and accurate. Changes to your contact information can be made through the Services.

  3. If you are using the Services on behalf of another person (including any corporation or legal entity other than using it personally), you represent that you are authorized to act on behalf of that person or corporation, and are nevertheless individually bound by these Terms even if We have a separate agreement with such corporation. You will inform such other persons or entities about the Terms that apply to the services purchased on their behalf, including all rules and restrictions applicable thereto.

  4. You'll be asked to choose a username for your profile. Do not choose a username that is offensive, vulgar, or infringes someone’s intellectual property rights.

  5. We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the posting of the modification to our Services, and will apply to causes of action arising after the effective date of the change. You should continue to check the Services for changes. Your continued use of our Services following the posting of changes to these Terms will mean that you accept those changes.

  6. We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause.

  7. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity.

  8. Flexity is not an operator of any Training Services, and we do not furnish, provide, manage and/or control any Training Services. Our responsibilities are limited to: (i) facilitating the availability of the Services and (ii) accepting payments from Trainees on behalf of the Trainer.

  2. Booking of Training Services

Flexity partners with Isracard Global to facilitate credit card payments and other payments and the disbursement of funds. Isracard Global is a third-party service provided by Isracard Ltd. and is subject to the Isracard Global User Agreement.

When paying for the Training Services in cash, you must submit your credit card details as a guarantee for payment. Your credit card will be charged immediately without notice if you do not pay for the Training Services at the start of the Training Services.

It is hereby clarified that the Training Services do not include any additional services besides those explicitly stated in the Services (such as parking, food and drinks etc.).

  3. Your Use of our Services

The Services as well as the content on the Services, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and all associated intellectual property rights, and any other content on the Services ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to us.

Content in the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.

This section shall survive any termination of these Terms.

  4. Notices

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  5.Changes and Cancellations

  1. You may change or cancel your booking through the Services.

  2. The Trainee may cancel a Training Service without a cancellation fee if cancelled through the Service up to 4 hours before the start of the Training Service, unless the Training Service takes place between 5:00 AM and 11:00 AM, in which case the Trainee may cancel the Training Services if cancelled through the Service up to 12 hours before the start of the Training Service (the "Cancellation Time"). In case of cancellation after the Cancellation Time, the Trainee will be charged half of the Training Services price.

  3. The Trainer may cancel the Training Service at any time, in which case the Trainee will receive a full refund for the cost of the Training Service, unless the Trainer cancelled the Training Service for Good Reason (as defined below), in which case the Trainee will not receive any refund.

Flexity accepts no liability if a Trainee is refused access to Training Services, or is requested to leave, due to the Trainer's determination that the Trainee is unsuitable to participate in the Training Services, due to Trainee’s inappropriate or dangerous behavior ("Good Reason").

  6. No Endorsement

Flexity does not endorse or assume responsibility for any Trainers or any Training Service. In addition, although we require Trainers to provide accurate information, we cannot confirm or verify the terms, content, accuracy and quality of each individual Training Service or of the Trainers, and all information is provided "as-is". You should exercise caution and common sense to protect your personal safety and property when determining the identity of Trainers who you contact via the Services and suitability of Training Services that you book via the Services. Flexity will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. Flexity can’t guarantee the identity of any users with whom you interact in using the Services and is not responsible for which users gain access to the Services.

You acknowledge that it is your sole responsibility to consult with your personal health care provider regarding any medical condition that may prevent or limit your participation in the Training Services, and you are solely responsible for abiding by your personal health care provider’s recommendations as to any medical restrictions on your participation in the Training Services. You acknowledge and agree that you are aware of the risks and hazards associated with your participation in the Training Services and you voluntarily assume all risk of loss, damage or injury to person or property that may arise from your participation in the Training Services, whether such risk is known or unknown to you.

In addition, you acknowledge that prior to your participation in each Training Services you will provide the Trainer with a complete, accurate and updated health statement regarding your health condition (the "Health Statement"). The Health Statement does not replace your aforementioned responsibility to consult with your personal health care provider prior to your participation in the Training Services. Flexity is not responsible or liable for any decision made by the Trainer in connection with the Health Statement.

PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TRAINING SERVICES. FLEXITY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING AND THE CONDITION, ACCURACY, LEGALITY OR SUITABILITY OF ANY TRAINING SERVICES. FLEXITY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE DECISIONS AND CONDUCT OF TRAINERS AND TO ANY AND ALL LISTINGS AND TRAINING SERVICES. ACCORDINGLY, ANY BOOKINGS AND PARTICIPATION IN THE TRAINING SERVICES WILL BE MADE AT THE TRAINEE'S OWN RISK.

  7. Third parties' links, websites, and services

The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.

If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services.

  8. Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. satisfy any applicable law, regulation, legal process, subpoena or governmental request;

  2. enforce these Terms, including investigation of potential violations of it;

  3. detect, prevent, or otherwise address fraud, security or technical issues;

  4. cooperate with law enforcement authorities or prevent child exploitation; 

  5. respond to user support requests; or

  6. protect our, our users' or the public's rights, property or safety.

  9. Reporting Misconduct

If you book Training Services with a Trainer who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Flexity by connecting us with the relevant police station and providing us with the report number through the Services; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

  10. Disclaimer

Flexity expressly disclaims any liability that may arise out of the Training Services and any disputes between you and the Trainer. In the event of a dispute with the Trainer, you release Flexity and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Flexity does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services or any hyperlinked website or featured in any banner or other advertising and Flexity will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.

  11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE ACCURACY, USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) THE CANCELLATION OF THE TRAINING SERVICES; (III) ANY CONDUCT OR DECISION OF THE TRAINERS AND ANY THIRD PARTY ON THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND TRAINING SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN CONSIDERATION FOR THE TRAINING SERVICES ASSOCIATED WITH SUCH DAMAGES AND LOSSES, OR (B) NIS 100.

 12. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

 

 13. Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.

This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.

 14. Governing Law and Jurisdiction

These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 15. Survival   

To the extent permitted by applicable law, Sections 8 to ‎16 shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.

 16. General

We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Policy, any specific agreement between the company you are employed at (if applicable and which shall supersede these Terms) and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Maze St 9,
Tel Aviv-Yafo, Israel

+972 50 827 97 27

info@flexity.io

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©2020 by Myflexity Ltd.