Terms and conditions

Article 1. Parties to this Act

Between the undersigned:

1) The company Digital R.Y.S.E Consulting FZC registered under licence number 6897 with UMM AL QUWAIN FREE TRADE ZONE AUTHORITY. The office address is located at One UAQ, UAQ Free Trade Zone – Al Barqaa UAQ, Umm Al Quwain, U.A.E. “Digital R.Y.S.E Consulting FZC” maintains the https://findyourgym.ae/ Website (“Site”).

United Arab of Emirates is our country of domicile

Hereinafter referred to as “FYG”,

On the one hand,

And

2) Any non-professional natural person navigating and/or wishing to subscribe to a short or long term subscription to a sports centre or benefit from a discovery offer

Hereinafter referred to as the “Customer”,

On the other hand,

It was outlined and agreed that:

Article 2. Purpose

FYG’s main activity is the online referencing of partner sports centres (hereinafter the «Partners»).

As part of its activity of referencing Partners, FYG offers the Customer to subscribe to subscriptions and/or discovery offers to certain Partners (hereinafter the “Subscriptions”).

To do so, FYG has developed a website accessible at www.findyourgym.ae to find, reference and compare the Partners, but also to subscribe to Subscriptions (hereinafter the “Site”).

The Customer and FYG agree that their relations and access to and use of the Site will be governed exclusively by:

  • These Terms and Conditions, to the exclusion of any conditions and that they will prevail, if any, over any other version or any other document;
  • The privacy policy of the Site;
  • Applicable laws and/or regulations.

The Terms and conditions are made available to the Customer on the Site where they are directly accessible.

Subscription, access and use of the Site imply:

  • The Customer’s full knowledge and acceptance of:
    • All of these Terms and Conditions in effect on the day of subscription, the retention of which is ensured by FYG;
    • Any rules of procedure and all Terms and Conditions of the Partner concerned by the Subscription, in force on the day of subscription, the retention of which is ensured by the Partner;
  • The Customer’s technical competence to use the Site;
  • The Client’s awareness that its commitment does not require a handwritten or electronic signature.

Each Customer undertakes to respect the destination of the Site and not to make any use of it in order to divert it from its purpose of referencing Partners and proposing subscription to Subscriptions.

FYG reserves the right to modify its Terms and Conditions at any time.

In case of modification, the applicable Terms and Conditions are those in force on the date of the order by the Customer, a dated copy of which can be given to him at his request by FYG.

The fact that FYG does not claim the application of any clause of these Terms and Conditions or agrees to its non-performance, either permanently or temporarily, shall not be construed as a waiver by FYG of its rights under this clause.

These Terms and Conditions were updated on June 3, 2020. This edition cancels and replaces previous versions.

Article 3. Definitions

FYG means Digital R.Y.S.E Consulting registered under licence number 6897 with UMM AL QUWAIN FREE TRADE ZONE AUTHORITY. The office address is located at One UAQ, UAQ Free Trade Zone – Al Barqaa UAQ, Umm Al Quwain, U.A.E.

Customer means any non-professional natural person navigating the Site and/or wishing to subscribe to a Subscription.

Subscription means any discovery offer and/or subscription offered by a Partner on the Site.

Subscription confirmation refers to the contractual document identifying in particular the Subscription subscribed by the Customer and sent by e-mail to the Customer once the subscription has been made on the Site.

Partner means the company or companies managing the sports clubs listed and offered for subscription on the Site.

Site means the infrastructure developed by FYG according to the computer formats usable on the Internet including data of different kinds, including texts, sounds, still or animated images, videos, databases, intended to be consulted by the Client, to find out about and subscribe to the Subscriptions offered on the Site and available at https://findyourgym.ae.

The Internet refers to different server networks located in various locations around the world, linked together by means of communication networks, and communicating using a specific protocol known as TCP/IP.

Article 4. Subscription Formulas

FYG offers the Customer three (3) different Subscription Plans on the Site:

  • a) A non-renewable Limited Term Subscription;
  • b) An Annual Subscription with commitment of an initial duration variable according to the Partners concerned, with specific renewal conditions and indicated in the Terms and Conditions of the Partners concerned;
  • c) A Subscription to a Discovery Offer, including a free or discounted trial session.

Article 5. Pricing

The prices of the Subscriptions offered on the Site are indicated in dirham all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated.

Upon confirmation of the subscription of the Customer’s Subscription, the total amount of the order will be indicated in dirham all taxes included (VAT and other taxes applicable on the day of the order).

All orders are payable in dirham (AED).

Any change in the applicable VAT rate or the exchange rate may be reflected in the prices of the Subscriptions.

Similarly, if one or more taxes or contributions were to be created or modified, either up or down, this change may be passed on to the selling price of the Subscriptions offered on the Site.

FYG reserves the right to modify at any time the prices of the Subscriptions offered for subscription on the Site.

The Subscription subscribed by the Customer will be invoiced by FYG or by the Partner to the Customer on the basis of the tariff in force at the time of validation of the subscription of the Subscription.

The new tarif in effect will apply to Subscription subscriptions validated after the rate change.

FYG undertakes to check regularly that all prices indicated on the Site are correct, without however being able to guarantee the absolute absence of errors.

If an error in the price of a Subscription should occur, FYG will give the Customer the option to reconfirm the purchase of the Subscription at the correct price or to cancel the subscription.

In the event that FYG and/or the Partner concerned by the Subscription are unable to contact the Customer, the subscription to the Subscription will be considered as cancelled.

Section 6. Promotional Code

Any Customer may obtain, as part of a marketing operation organized on the Site by FYG and/or a Partner, or through a gift card, a promotional code usable by the Customer at once, within the limits of its validity period.

The promotional code can be used exclusively on the Site and cannot be combined with other promotional codes.

Article 7. Subscription

Subscriptions to the Subscriptions mentioned in Article 4 are made exclusively on the Site.

When subscribing to a Subscription, the Customer must fill out a form on the Website containing a number of mandatory personal data strictly necessary for the processing of his subscription to the Subscription of his choice by FYG and by the Partner concerned, in accordance with Article 14 of these Terms and Conditions

The Customer acknowledges having read the nature, destination and terms of subscription to the Subscriptions on the Site and having requested and obtained the necessary and/or additional information from FYG or the Partner concerned by the Subscription, to subscribe to the Subscription of his choice with full knowledge of the facts.

The request for a Subscription implies acceptance of these Terms and Conditions, the price and the description of the Subscriptions available on the Site.

FYG undertakes to honour subscription requests received on the Site only within the limits of the Subscriptions available and subject to acceptance of the subscription by the Partner concerned by the Subscription.

If a Subscribed Subscription is not available and/or the Partner concerned refuses to subscribe, FYG undertakes to inform the Customer as soon as possible.

FYG will communicate by email to the address indicated by the Customer when subscribing to a Subscription, the confirmation of the subscription to a Subscription, including:

  • a) Information on the essential characteristics of the subscription,
  • b) The transaction/subscription number,
  • c) The subscription price is subscribed,
  • d) The date and time of the subscription request,
  • e) The method of payment and execution of the contract chosen by the Customer,
  • f) Reminder of the conditions for securing payment,
  • g) Possible limitations of liability.

The Customer must check the contents of the communication as soon as possible and immediately report any errors or omissions to FYG.

These Terms and Conditions are available on the Internet at www.findyourgym.ae.

Article 8. Validity of the subscription

In accordance with Article 7 of these Terms and Conditions, the Customer must fill out a form allowing him to subscribe to a Subscription on the Site.

The online supply of the credit card number and/or the validation of the subscription to a Subscription and its payment are proof of the entire subscription to the Subscription on the Site in accordance with the adaptation of the law of proof to the technologies of electronic signature information, and shall be deemed due for the sums committed by the subscription.

Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment. 

This validation constitutes signature and express acceptance of all operations carried out on the Site.

However, in case of fraudulent use of its credit card, the Customer is invited, as soon as the use is confirmed, to contact FYG’s customer service department by e-mail at the following email address: contact@findyourgym.ae

It is expressly agreed that, unless there is a manifest error on the part of FYG, the data stored in the IT systems of FYG and/or the Partner, under reasonable security conditions, have probative force as to the subscriptions made to the Client.

Data on computer or electronic media shall constitute valid evidence and, as such, shall be admissible under the same conditions and with the same probative force as any document which is drawn up, received or retained in writing.

FYG and the Partners reserve the right to refuse any subscription if the Subscriptions subscribed are abnormally high.

Article 9. Terms of payment

Article 9.1. Terms of payment for the Variable Time Limited Subscription that cannot be renewed

The Customer must pay his subscription to the Variable Time Limited Subscription that cannot be renewed by credit card (Visa, Eurocard, Mastercard) on the Site via the secure platform Telr. Visa or MasterCard debit and credit cards in AED will be accepted for payment.

The price of the non-renewable Limited Term Subscription is debited upon final validation of the subscription.

  1. We will not trade with or provide any services to OFAC and sanctioned countries.
  2. Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
  3. Cardholder must retain a copy of transaction records and Merchant policies and rules.
  4. User is responsible for maintaining the confidentiality of his account.

Article 9.2. Terms of payment for the Discovery Offer Subscription

Subscription to a Discovery Offer does not require payment by the Customer to FYG.

Any subscription to a Paid Subscription to a discovery offer is sent directly to the Partner concerned.

The Partner concerned will then be responsible for the payment of the Subscription to an offer discovered by the Customer.

Article 10. Security of payments

FYG has entrusted its payment system for non-renewable Variable Duration Subscriptions provided for in Article 9.1 of these Terms and Conditions to Telr, a service provider specialized in securing online payments that guarantees the confidentiality of banking information.

The Client may then be required to provide the following information in order to regularize its situation:

  • A proof of domicile
  • A copy of an ID
  • A copy of the payment card in the same name as the card used to order.

 

Article 11. Resolution of the Subscription

The subscription has a non-renewable Limited Term Subscription or a Discovery Offer Subscription cannot be resolved.

FYG will not be able to respond to a request for termination made by the Client.

Article 12. Right of withdrawal

The Customer benefits from a withdrawal period of seven (7) days from the subscription to a Subscription to withdraw from the contract and obtain the refund without penalty of the Subscription.

To exercise its right of withdrawal, the Customer must inform the Partner concerned or FYG by mail (Digital R.Y.S.E Consulting – One UAQ, UAQ Free Trade Zone – Al Barqaa UAQ, Umm Al Quwain, U.A.E) or by email (contact@findyourgym.ae).

A standard withdrawal form is proposed in the appendix to these Terms and Conditions.

Its use by the Customer is not mandatory.

The refund is made using the same means of payment used by the Customer during the initial transaction, unless the Customer expressly agrees to use another means of payment and in so far as the refund does not incur any costs for the Customer and for FYG.

By making use of its Subscription within seven (7) days of its subscription, the Customer expressly waives its right of withdrawal.

Article 13. Access to the Site

Access to the Site is free of charge to any Customer with Internet access.

The costs relating to access to the Site, including access to the Internet, shall be borne exclusively by the Customer.

The Site is permanently accessible.

However, FYG reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more services offered on the Site, in particular to perform updates, maintenance operations, changes or changes in operational methods, servers and hours of accessibility.

Article 14. Personal data

In accordance with the Data Protection, FYG may collect and process a number of personal data relating to the Customer.

This data shall be communicated to the Partners, in particular in order to enable the Customer to subscribe to the Subscription of his choice from the Partners concerned.

The processing of personal data carried out by FYG is detailed in FYG’s Privacy Policy, which is an integral part of these Terms and Conditions.

Article 15. Liability

FYG, throughout the process of subscribing to an Online Subscription on the Site, is only bound by a medium obligation.

FYG cannot be held responsible for photographs and/or texts that do not allow the Customer to view the sports activities included in the Subscription completely and completely faithfully.

The responsibility of FYG could not therefore be engaged in case of error in one of these photographs or one of these texts.

However, FYG undertakes to describe with the greatest accuracy or to present a photograph of the sports activities included in the Subscriptions offered on the Site.

In all cases, FYG cannot be held liable in the event that the breach of its obligations is attributable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure.

FYG shall not be held liable by the Customer for all inconveniences or damages inherent to the use of the Internet network, including a breakdown of service, an external intrusion or the presence of computer viruses.

The Customer is responsible for the proper functioning of his computer equipment as well as his Internet access.

The same applies to potential hypertext links on the Site.

FYG cannot be held liable for any fault of a Partner, in particular if this fault relates directly or indirectly to a Subscription offered on the Site.

Article 16. Force majeure

The responsibility of FYG or the Client cannot be sought if the performance of the contract is delayed or prevented due to a case of force majeure or accidental events, due to the other party or a third party or external causes such as social conflicts, civil or military intervention, natural disasters, fire, water damage, disruption of the telecommunications network or power grid or pandemic.

Article 17. Intellectual property

All elements of the Site, whether visual or audio, including software, all intellectual property rights such as trademarks, service marks, form marks and copyrights are the exclusive property of FYG.

Unless otherwise stated, the intellectual property rights in the documents contained on the Site and each of the elements created for this Site are the exclusive property of FYG, which does not grant any license or any other right than that of consulting the Site.

The reproduction of any page or content of this Site by the Customer or by any third party is subject to prior written authorization by FYG.

The reproduction of all documents published on the Site is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.

It is forbidden to use trademarks, images or any other element on which FYG holds intellectual property rights.

It is also prohibited to copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (with the exception of cases provided by law), sell, assign, sub-license or transfer in any way any right relating to the software and the Site.

It is also forbidden to modify the Site or to use modified versions of the Site and in particular (without this enumeration being limiting) in order to obtain unauthorized access to the Site and to access the Site by another means than through the interface provided by FYG for this purpose.

The Site and any software necessarily used in connection with it may contain confidential information protected by the intellectual property right in force or any other law.

The Customer who has a website on a personal basis and who wishes to place, for personal use, a simple link directly to the FYG website on his website must ask for the prior written authorization of FYG.

In any case, any unauthorised link must be removed at the request of FYG.

Article 18. Archiving and Proof

The double click performed during the validation of the subscription to a Subscription constitutes an electronic signature which has, between the Client and FYG, the same value as a handwritten signature.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy.

FYG’s computerized records shall be considered as proof of communications, subscriptions, payments and transactions between FYG and the Customer.

Article 19. Dispute

In the event of a dispute relating to a Subscription, the Customer must contact the Partner concerned by the Subscription.

In the event of a dispute with FYG, the Customer must first contact FYG’s customer service department by e-mail contact@findyourgym.ae or postal (Digital R.Y.S.E Consulting – One UAQ, UAQ Free Trade Zone – Al Barqaa UAQ, Umm Al Quwain, U.A.E).
In the event of failure of the complaint request to FYG’s Customer Service Department or in the absence of a response within two months, the Customer may submit the dispute to FYG with a mediator who will try, independently and impartially, to bring the parties together for a solution.

The Client and FYG remain free to accept or refuse the recourse to the settlement of a dispute through mediation as well as to accept or refuse the solution proposed by the mediator.

In the absence of an amicable agreement, the court competent to resolve the dispute shall be that of the place of the defendant’s domicile or that of the place of performance of the Subscription.

These Terms and Conditions are subject to UAE law.

In case of difficulty in interpretation resulting from a contradiction between the English version and any possible version in another language, only the English version will be taken into account.

Article 20. Duration

These Terms and Conditions apply for the entire duration of the Subscriptions offered for subscription by FYG.

Article 21. General provisions

Article 21.1. Full Terms and Conditions

FYG and the Customer acknowledge that these Terms and Conditions constitute the entire agreement between them and supersede any prior offer, provision or agreement, written or oral.

Article 21.2. Amendments

FYG reserves the power to amend these Terms and Conditions at any time.

In this case, the applicable conditions will be those in force on the date of subscription to the Subscription by the Customer.

Article 21.3. Good faith

FYG and the Customer agree to perform their obligations in full good faith.

Article 21.5. Invalidity

If any of the provisions of these Terms and Conditions are found to be void under any applicable law or court decision that has become final, it shall be deemed to be unwritten, without, however, invalidating all the Terms and Conditions or altering the validity of its other provisions.

Article 21.6. Domiciliation

FYG and the Customer elect domicile at the addresses indicated on the subscription form for the Customer and at the address indicated in Article 1 of these Terms and Conditions for FYG.