Terms and conditions

APPLICATION OF THE TERMS OF USE

These terms of use (“Terms of use”) of FitCard Oy apply to any agreement between FitCard Oy (“FitCard”) and a user registered to the service (“User”) with relation to the service (“Service”) provided by FitCard whereby a User may book sports and other services offered by sports service providers and other service providers (“Service Provider”). FitCard and User are hereafter referred to collectively as “Parties” and separately as “Party”.

DEFINITIONS

“Intellectual Property Rights” means copyrights and other corresponding rights (such as rights to databases and catalogue), patents, utility models, trademarks, trade secrets, know-how and all other rights protected by law as well as applications for above-mentioned rights, all over the world regardless of whether or not they can be registered. “Single Visit” means a one-time visit to the services of Service Provider which a User has booked in the Service or used via the Service and that a User has not cancelled 24 hours before the beginning of that service in question. “Service” means a web-based service provided by FitCard and its partners in which Service Providers may present their sports and other services for Users to book. “Service Provider” means any service provider, such as gyms, who have concluded a service agreement with FitCard and provide their services for Users to book in the FitCard Service. “Agreement” means an agreement between the Parties which concludes when a User registers as a user to the Service and to which these Terms of use are applied.

SERVICES

The Service provided by FitCard is an electronic booking service through which a User may book sports and other services of Service Providers in return a monthly payment to FitCard. FitCard provides the Service together with its subcontractors and partners. FitCard operates as a service broker for the services of Service Provider between a User and a Service Provider. When a User books a Single Visit to the service of a Service Provider through the Service, a contractual relationship concerning the booking and the use of the service of a Service Provider arises between a Service Provider and a User. FitCard is under no circumstances a party to such contractual relationship and a Service Provider is in all respects responsible for providing and carrying out its service in relation to a User. The obligations of FitCard are limited to maintaining, according to this Agreement, the Service through which a Single Visit for the service of a Service Provider may be booked. FitCard aims actively at developing the Service and has the right to make changes to the Service from time to time. FitCard and its subcontractors are entitled to make changes to the Service in accordance with Section 13 of these Terms of use.

THE RIGHT TO USE AND RIGHTS TO THE SERVICE

FitCard grants User a non-transferable and non-exclusive right to use the Service according to these Terms of use in order to book services of Service Providers and to administer his or her service bookings. A User shall use the Service according to any applicable legislation. Intellectual Property Rights to the Service and the content of it belong exclusively to FitCard or third parties.

USER NAME, PASSWORD AND USER ACCOUNT

Use of the Service requires registration to the Service. A User may register and log in to the Service on the web page of FitCard or through an application provided by FitCard or through a service provided by a third party, such as Facebook or Google. A user account granted to a User in order to use the Service is personal. A User commits to store the password needed to use the Service in a safe place beyond the reach of third parties. A User commits to notify FitCard immediately of any loss of his or her password or suspected misuse of his or her user account. FitCard suspends a User’s user account upon a request of a User, unless there is a justified reason for retention of the user account. FitCard has the right to suspend a user account it suspects of being a target of misuse or via which the Agreement is being violated or otherwise has been acted inappropriately or which has been inactive for one (1) year.

THE SERVICES OF SERVICE PROVIDERS PROVIDED IN THE SERVICE AND INFORMATION CONCERNING THEM

Descriptions of services prepared by the Service Providers of their own services, are kept on display in the Service. The amount, quality and availability of the services of Service Providers at a given time bookable in the Service always depend on the service supply of Service Providers. FitCard may evaluate the legality of the services of Service Providers or their suitability for the Service and based on its evaluation, remove from the Service such services of Service Providers that are unlawful or otherwise unsuitable for the Service. However, FitCard is under no circumstances responsible for the suitability of a service of a Service Provider to the intended purpose of use, for the safety of a service of a Service Provider nor that some specific service of a Service Provider is available or bookable through the Service nor that services of Service Providers correspond to the descriptions prepared by the Service Providers.

SERVICE MEMBERSHIP, PAYMENTS AND CONDITIONS OF PAYMENT

User registered to the Service may acquire in the Service memberships defined on the web page of FitCard. A service membership is in force at the time for thirty (30) days from the date of purchase (“Membership period”) after which the Single Visits including in the membership selected by a User will reset. In case a User desires to continue using the Service, he or she shall acquire a new Membership period. A User shall use the Single Visits included in the selected membership during the then current Membership period. Single Visits included in the selected membership that have not been used within each Membership period will not be compensated to the User, and the Single Visits of a previous Membership period may be used after a new Membership period has started even though a User has acquired a new Membership period. Membership payments are defined on the web page of FitCard and in the Service. A User has the right to attend a service of a Service Provider booked through the Service without surcharge. FitCard offers two kinds of membership types from which you may choose an option that best suits you. You may check the information of your own membership from your user account in the Service. Changes to the membership, such as the change of membership type, shall be made in the Service. Changes to the membership may not, however, be made in the middle of an ongoing Membership period, but the changes to the membership and the related changes to membership payments will enter into force only at the beginning of a new Membership period. Thus, in case a User desires to promote his or her membership type in the middle of an ongoing Membership period, a User shall acquire a new, advanced membership and is not entitled to any compensations based on changes made during the ongoing Membership period. Membership payment is charged from the payment card defined by a User in the Service at the time of purchase. Charged membership payments will not be refunded if a User terminates the Service during an ongoing Membership period. In case a membership payment cannot be charged in due course for a reason attributable to a User, FitCard has the right to charge interest on late membership payments according to Interest Act (633/1982). In addition, FitCard may charge a User the expenses arising from collection of overdue payments. Use of the Service requires a network connection and a suitable data device. FitCard is not responsible to a User for the expenses arising from the use or obtaining of such.

BOOKING AND USING THE SERVICE OF A SERVICE PROVIDER

Users registered to the Service who have unused and valid Single Visits may book services of a Service Provider added to the Service in accordance with these terms of use. A Single Visit will be deducted from the User’s user account when a User books a service of a Service Provider in the Service. If a User cancels the service booking no later than twenty-four (24) hours before the beginning of the service of a Service Provider in question, a Single Visit will be returned at the User’s disposal. Due to competitive pricing, some services of Service Providers are subject to Membership period specific attendance limitations. A User is informed in the Service if he or she has used the maximum amount of Single Visits to service of a Service Provider in question during the ongoing Membership period. Restrictions of use will be removed at the beginning of a new Membership period. A User is obligated to check that the Service Provider has not cancelled an already booked service of Service Provider. FitCard operates as a service broker for services of Service Providers. When a User books a service through the Service, a contractual relationship concerning the provision of a service of a Service Provider concludes between a User and a Service Provider. All claims and disagreements concerning the booking and using a service of a Service Provider and not purely relating to the Service or its technical features only, are handled between a User and a Service Provider. If a User directs his or her claim concerning booking or using of a service of a Service Provider at FitCard and the claim does not concern FitCard’s responsibilities, FitCard has the right to pass the claim to a relevant Service Provider to handle.

PROCESSING OF PERSONAL DATA

FitCard processes User’s personal data in connection with the Service according to the privacy policy relating to the Service in order to provide and develop the Service, prevent and settle Service misuse, provide customer service and for purposes of customer communication and marketing. FitCard discloses User’s personal data to Service Providers in order for Service Providers to provide the services and to administer service bookings already made, and for no other purpose. Within the limits allowed by the Service, Service Providers have access to such personal data of the User that a Service Provider needs to meet the purposes mentioned above. A Service Provider is independently responsible for the processing of such information in the Service as a controller. FitCard is not responsible for the processing of personal data by a Service Provider as a controller. FitCard undertakes that it and its partners or subcontractors will attempt to process Customer's personal data only in such a way and to the extent necessary to provide and develop the Services, prevent and settle Service misuse, provide customer service and for purposes of customer communication and marketing, according to the privacy policy. For the purposes listed above, FitCard, as well as its partners or subcontractors, may also process personal data outside the European Union, in accordance with the applicable data protection legislation. FitCard has the right to use and utilize any statistical or other anonymized data that it may have collected as part of its Service in order to develop the Service and its operations. This right shall remain in force also after the conclusion of the Agreement.

WARRANTY TERMS FOR THE SERVICE

FitCard seeks to ensure that the Service operates essentially as described in the Agreement during the term of the Agreement. To the extent permitted by applicable law, the Service is provided "as is" and "as available", and FitCard does not warrant that the content of the Service will be error-free or that the use of the Service is uninterrupted or error-free or the Errors in the Service are corrected or that the Service does not infringe the rights of third parties, including Intellectual Property Rights. FitCard will attempt to correct, without undue delay, the Service errors that have occurred during the term of the Agreement. Correcting an error in the Service may be done, for example, by a Service update. Minor errors that do not prevent the use of the Service for the defined purpose, FitCard will attempt to correct in the next normal Service update. Matters that are due to a User's use of the Service in violation of the orders or instructions given by FitCard or which are otherwise caused by a User or arising from the User's network connections or devices are not considered as an error.

LIMITATIONS OF LIABILITY AND DAMAGES

To the extent permitted by the applicable law, a Party shall not be liable for any indirect damage to the other Party even if it was informed on the possibility of emergence of such. The User carries the responsibility for all interaction through the Service with other users, such as Service Providers. When using the Service the User agrees that FitCard is not responsible for operations of other users of the Service, such as Service Providers. For the sake of clarity, it is stated that if a User has not been able to make use of a service of a Service Provider as described in the Service for reasons attributable to the Service Provider, the Service Provider shall be liable for any possible damage caused by this. In such a situation, FitCard will not charge a Single Visit from the User’s user account but FitCard will not otherwise be liable for any errors in a service of a Service Provider due to a reason attributable to a Service Provider. To the extent permitted by applicable law, FitCard's liability for compensation under the Agreement is limited in all cases to the total amount of membership payments paid by a User for the use FitCard's Service. For the sake of clarity, FitCard is under no circumstances liable for any interruption or damage caused by FitCard, a User him/herself or a third party, including a payment service provider, information system or telecommunication errors and/or failures or technical faults. FitCard is not liable to a User for third-party software or devices. FitCard is also not responsible for any interruption or damage caused by a User, a Service Provider or a third party acting contrary to the Agreement or instructions given by FitCard. These Terms of use do not limit the rights that belong to a User according to applicable and compelling legislation.

VALIDITY AND TERMINATION

The agreement will enter into force as of the earliest of the following: i) when a User has accepted these Terms of use in the Service; or ii) when a User has started to use the Service. The Agreement is valid until further notice and may be terminated in the Service as stated in Section 7 of these Terms of use. Regardless of the termination of the Agreement, all terms of this Agreement which, by their nature, shall remain in force after the termination of the Agreement, will remain in force.

CHANGES

FitCard has the right to change these Terms of use due to changes made in the Service, service production or regulatory requirements. Changes to the Service and to these Terms of use will be notified to a User in the Service or by email at least one month before the changes come into effect. In case a User does not accept the changes, a User has the right to terminate the Agreement in the Service as stated in Section 7 of these Terms of use. The parties are not entitled to transfer the Agreement or any rights or obligations arising from it to a third party. However, FitCard may transfer the Agreement to a third party in connection with the sale or other arrangement of the business or a substantial part thereof.

FORCE MAJEURE

FitCard is not responsible for any delays or damages that verifiably arise from an impediment beyond its control (i.a. fires, industrial actions, military actions, disruption of electricity distribution, or other problem related to infrastructure or information systems) and which FitCard cannot be required to have taken into consideration at the time the Agreement was concluded and the consequences of which it could not have avoided or overcome without unreasonable financial investments and/or loss of time.

OTHER TERMS OF USE

Settlement of disagreements and applicable law: Disagreements and disputes shall primarily be resolved through negotiations. Unless otherwise provided in applicable compulsory legislation, disputes arising from this Agreement shall be settled in the District Court of Helsinki. A User also has the right to take the matter to a national consumer dispute resolution body. Check for your local dispute resolution body at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show. A User may also use the Online Dispute Resolution platform available at http://ec.europa.eu/odr. This Agreement is subject to Finnish law, without regard to its provisions on conflict of laws. Partial invalidity: If any provision of the Agreement is or later becomes unlawful, invalid or unenforceable, it will not affect the lawfulness, validity or enforceability of other provisions of the Agreement. An invalid provision shall be replaced by a valid and lawful provision that fulfills, as far as possible, the purpose and the business objective of the invalid provision and shall enter into force as stated in Section 13 of these Terms of use.