TERMS OF USE | HandyGym

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY HANDY GYM PRODUCT AND/OR SERVICE.

Welcome to HANDY GYM GLOBAL!

We would like to inform you that all websites, applications, products, services and trainings related to Handy Gym (hereinafter “Website“) and what is being used, accessed or purchased on this Website are the property of Global Traktus S.L. (hereinafter “Handy Gym”). References to “we”, “us”, “us” and “our” as used in these Terms of Use refer to Handy Gym.

By accessing or using our website, you agree to be bound by these Terms of Use. In addition, some of the content and/or products you may access through our website may require you to engage in physical activity or participate in exercise programs. Consult with a physician before beginning such physical activities or exercise programs. Remember that participation in such activities or programs is at your own risk.

If you do not agree with any of the provisions contained in these Terms of Use, you should not use or access the Website.

1. INTELLECTUAL PROPERTY

All intellectual property or other content, products on www.handygymglobal.com is owned, controlled or licensed by Global Traktus S.L., located at Calle Oporto nº 19 (offices), 36201, Vigo, Spain, unless otherwise expressly stated. All rights are reserved by Global Traktus S.L. to such intellectual property or content.

Handy Gym has a patent pending in Spain and internationally. All content included on the Website, such as products, training courses, exercise programs, blogs or videos, are the copyrighted property of Handy Gym, or have been licensed for use under a limited license to Handy Gym. All content is protected by Spanish and international copyright laws, including the Berne Convention. The compilation of all content accessible through the Website is the exclusive property of Handy Gym and is protected by copyright laws.

The images and content on our Website and social media platforms are professional photographs or user-generated content. Handy Gym assumes no legal responsibility for such materials. In case you suspect an infringement of copyright, or any other rights, or for any other reason are offended by content posted on the Website, please contact our customer service.

All trademarks and copyrights on the Website and the material posted on the Website are the property of Handy Gym or whoever granted us permission to use them. Any use of the site or its content, other than for your personal, non-commercial use, is prohibited without our permission.

We reserve the right for any errors that may appear on the Website and cannot guarantee that all images accurately reflect the actual appearance of our products. Images may differ depending on your computer’s color settings. All images should be viewed as illustrations only and do not guarantee correct appearance and features.

You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property appearing on the Website.

If you believe that any content or material contained on the Website infringes your copyright, you should send a notice to Global Traktus S.L. by contacting us at info@traktus.com. We will investigate your submission and may request additional information or statements necessary to verify your claim and/or remove the relevant material.

2. DISCLAIMER OF WARRANTIES AND LIABILITIES

Handy Gym makes no express or implied warranties with respect to the Website, and hereby disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights with regard to the Website. Further, Handy Gym does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials accessed through the Website, or otherwise relating to such materials or on any sites which may be linked to the Website.

By agreeing to these Terms of Use, you agree that the use of Handy Gym products, training programs or services alone or in conjunction obtained on the Website, even if used as instructed, are offered only in a suggestive manner and may not, to the fullest extent permitted by applicable law, result in any liability for Handy Gym. For example, users who receive instructions or suggestions on the use of a Handy Gym product or the performance of a set of exercises remain liable for any damage or injury to themselves, others or the exercise environment.

3. LIMITATIONS OF DAMAGES

In no event shall Handy Gym, its partners, suppliers, licensors, advertisers or vendors be liable for any loss or damage (including, without limitation, physical damage) that you may incur as a result of your use of, or inability to use, the materials or content provided through the Website, or any reliance placed by you on the integrity, accuracy or existence of any advertising provided through the Web Site, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Web Site, any permanent or temporary inaccessibility of the Web Site, (or any feature thereof), deletion or corruption of, or failure to store or display, any content maintained or transmitted through the Web Site.

These limitations on Handy Gym’s liability to you shall apply regardless of whether Handy Gym has been informed or should have known of the possibility of such losses. In the event that you live in a jurisdiction that does not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, Handy Gym may only be liable for an amount equal to the fees paid by you for any Handy Gym products or services, training programs or other content you may have purchased through our Website.

4. MEDICAL DISCLAIMER NOTICE

THE PRODUCTS ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASE OR CONDITIONS, AND ARE IN NO WAY CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTIONS FOR A CURE, TREAT OR PREVENT DISEASE OF ANY NATURE.

Please seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Handy Gym does not recommend or endorse any specific physicians, procedures, products (including our Products), opinions or other information that may be included on the Site; they are for informational purposes only. Reliance on any information appearing on the Site, whether provided by Handy Gym, its content providers, visitors to the Site or others, is solely at your own risk.

5. REVISIONS AND MISPRINT

Handy Gym does not warrant that the materials or content of the Website are accurate, complete or current. Handy Gym may make changes to the materials or content of the Website at any time without notice.

We reserve the right for any errors that may appear on the Website and cannot guarantee that all images accurately reflect the actual appearance of our products. Images may differ depending on your computer’s color settings. All images should be viewed as illustrations only and do not guarantee correct appearance and features.

6. LINKS; USER-GENERATED CONTENT; INDEMNIFICATION

A. Handy Gym has not reviewed all of the sites that may be linked to the Website and is not responsible for the content or any goods or services that may be accessed, shared, or offered through any such linked sites. The inclusion of any link does not imply any endorsement by Handy Gym of the site. Your use of any linked website is at your own risk and you understand and agree that Handy Gym is not responsible for the terms of use, privacy policies or security practices of linked sites or third party services, including, without limitation, the accuracy of the content or the availability of any goods or services on linked sites or third party services.

B. The areas in which the Website may allow you to post comments, likes, photos, videos or other content (“User Generated Content”). Handy Gym is not responsible for User Generated Content that individuals may post or display on or through the Website. However, once you post or submit your User Generated Content through or on our Website, you represent that you have all necessary right, interest and title in and to such User Generated Content and you grant Handy Gym a non-exclusive, worldwide, perpetual, irrevocable, unrestricted; with a transferable, fully paid-up, royalty-free license, with the right to sublicense, use, copy, reproduce, adapt, modify, translate, publish, publicly perform, display or distribute, transmit, store or digitally perform , such User Generated Content, and to sell, modify, create derivative works of or incorporate such Content into other works in any form, media or technology, whether now known or hereafter developed, in each case, for any commercial purpose or otherwise, without compensation to you.

C. You agree to indemnify, defend and hold harmless Handy Gym, its shareholders, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ ‘fees, arising out of or relating in any way to: (i) your User Generated Content; (ii) your use of the Website; (iii) any violation of these Terms of Use; and/or (iv) any law or the rights of any third party.

7. MODIFICATIONS TO THE TERMS OF USE

Handy Gym may revise and update these Terms of Use at any time without notice. By using our Website and continuing to access the Website, you agree to be bound by the current version of these Terms of Use.

8. MOBILE SERVICES

You agree to make personal use only of any of the Website which may consist of Handy Gym applications or mobile versions of Handy Gym websites that you may load and install on any computer, tablet, portable or mobile device or phone. These mobile Services may contain certain features that are available for certain cell phones. Your telecommunications provider’s normal rates and fees apply. If Handy Gym charges for a particular mobile service offering, you will first be notified and asked to accept the charges. Not all mobile services will work with all carriers and devices. By using the Handy Gym applications or mobile websites, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us in accordance with our Privacy Policy. If you change or deactivate your cell phone number, you should immediately update your account information with us to ensure that we do not send your messages (if applicable) to a different person.

9. INTEGRATION

These Terms of Use together with the Privacy Policy constitute the entire understanding and agreement between you as a user of our Website and Handy Gym.

10. SEVERABILITY

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and shall not invalidate the remaining provisions of the Terms of Use or our Privacy Policy, which shall remain in full force and effect.

11. PRIVACY POLICY

Handy Gym respects your privacy and is committed to taking appropriate technical and organizational measures to safeguard the Personal Data you may share with us. We urge you to read our Privacy Policy to review and understand how we may process Personal Data and the rights you have with respect to the Personal Data you may provide to us.

12. TERMINATION

Handy Gym reserves the right, in its sole discretion, to terminate your account and restrict your use of all or part of the Website as permitted by applicable law. Handy Gym also reserves the right to block users from certain IP addresses and prevent access to the Website. The provisions of these Terms of Use relating to intellectual property, User Generated Content, indemnification, limitation of liability, severability and other provisions that by their nature may survive termination shall survive any termination.

Any claim arising under these Terms of Use shall be governed by the laws of Spain without regard to choice of law or conflict of law provisions. You agree that any court of competent jurisdiction shall have sole and exclusive jurisdiction over any claim or dispute arising out of these Terms of Use or our Privacy Policy, and venue shall be proper in such court.