Introduction
Please read this carefully. It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability clause.
1
About GoodGym
1.1 GoodGym is a not for profit organisation combining exercise with social benefit. GoodGym collects information about tasks which need to be carried out and which benefit the community and/or older people. GoodGym offers the performance of each task to one or more volunteers who are members of a GoodGym group. These volunteers then combine the performance of the task into a scheduled run.
1.2 References to “GoodGym”, “we” and “us” are references to The Good Gym Limited. References to “you” are to the person accessing the Website, taking part in any GoodGym activity and/or performing any GoodGym task.
1.3 Please review these Terms of Service carefully and make sure that you understand them before using the Website and/or taking part in any GoodGym activity or task. If you do not agree to these Terms of Service, you must cease use of the Website immediately and must not take part in any GoodGym activity or task.
1.4 By accessing the Website, taking part in any GoodGym activity and/or performing any GoodGym task, you accept and agree to be bound by these Terms of Service.
1.5 GoodGym may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service by posting a notice on our website at www.goodgym.org (the “Website”). By continuing to access the Website, take part in any GoodGym activity and/or perform any GoodGym task, you agree to be bound by such changes. You can review the most current version of our Terms of Service at any time by clicking on the "Terms of Service" link located at the bottom of the GoodGym website at www.goodgym.org. The most current version displayed on that page will supersede all previous versions.
2
Your conduct
2.1 You agree to abide by our behaviour expectations on all GoodGym activities as set out in our Code of Conduct
2.2 Whilst GoodGym takes reasonable steps to check tasks that are submitted to us, we cannot check in detail all tasks and shall not be responsible for any loss or harm that may occur to you in performing any task.
2.3 You are under no obligation to undertake any task offered to you by GoodGym.
2.4 You undertake each task of your own free will and are responsible for ensuring that the task is carried out safely and that you do not put yourself or your colleagues at risk. In particular, you are not permitted to carry out any task without first notifying GoodGym. You must ensure that GoodGym are aware of the time and location of every task you undertake. You must ensure that a risk assessment form has been completed and provided to you prior to you accepting or commencing any task. You must comply with any instructions in the risk assessment form.
2.5 You are advised to always carry a mobile phone on your person whilst commencing a task. If you have any doubts or concerns at any time prior to, during or after a task, you must immediately contact a GoodGym representative, or in an emergency call 999. If you are hurt or injured or feel unwell during the performance of a task, you must immediately notify any GoodGym representative or volunteer with you, or call a GoodGym representative. In an emergency you must call 999.
2.6 In respect of any new contact in relation to whom GoodGym have been asked to perform a task, GoodGym rules state that no volunteer may attend the home or business address of such contact unless accompanied. You undertake and agree not to breach this rule.
2.7 In the event that you are asked to attend a contact’s address alone, you must ensure that the contact is not a new contact. You may refuse such task at any time (even if you attended the address previously).
2.8 You acknowledge and agree that working with vulnerable people is a regulated activity in the UK. You understand that if we become aware of any breach of any of the undertakings in clause 2.8 or of any warranty set out in 2.9 becoming untrue, or if we reasonably believe that any such undertaking may have been breached or that any warranty may have become or be about to become untrue, we shall be permitted to cancel your GoodGym membership and notify any law enforcement agency without informing you of such notification.
2.9 Prior to commencing any GoodGym task or activity, you undertake and agree to:
- provide to GoodGym all necessary information to enable GoodGym to apply for a current, original and valid enhanced CRB check showing that you have no criminal record;
- only perform tasks with vulnerable persons where such task has been offered to you by GoodGym;
- immediately inform GoodGym of the occurrence of any matter set out in paragraph 2.9 above;
- not take any money or other non-pecuniary form of remuneration from any person to whom any GoodGym task or activity, other than in the case in which repayment for a delivery is explicitly defined in the description of the task on the website or instructions from GoodGym staff;
- keep GoodGym informed of your contact with any person to whom you have been introduced by GoodGym;
- never introduce any person to a person to whom you have been introduced by GoodGym without the prior written consent of GoodGym; and
- in performing any task or activity always comply with Health and Safety requirements and any specific instructions or recommendations of GoodGym.
2.10 You represent and warrant that:
- you have never been convicted in any jurisdiction of any offence of violence, sexual impropriety, or any offence against a child or other vulnerable person; and
- you are not currently under investigation in respect of any matter falling within the offences detailed in (a) and you are not aware of any circumstances that could result in you being investigated, cautioned or arrested in respect of any such matter.
2.11 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
- attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
- attempt to gain access to secured portions of the Website to which you do not possess access rights;
- impersonate any other person while using the Website or taking part in any Good Gym activity and/or performing any GoodGym task;
- conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
- resell or export the software associated with the Website;
- use the Website to generate unsolicited advertisements or spam; or
- use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
3
Our rights
3.1 In providing you with access to the Website and/or allowing you to take part in any GoodGym activity and/or perform any GoodGym task, we reserve the following rights, and in accessing the Website, taking part in any GoodGym activity and/or performing any GoodGym task you grant to GoodGym and agree that we shall have the following rights:
- the right to refuse or withdraw your access to the Website and/or any GoodGym group for any reason at any time (with or without notice) if in GoodGym’s sole and absolute discretion you violate or breach any of these Terms of Service;
- the right without notice to remove or amend the Website and to cease providing our services or any part of them for any reason whatsoever in our sole and absolute discretion; and
- the right to communicate with any person to whom you perform a task and/or any represent of a law enforcement, governmental or regulatory agency at any time for any reason without notifying you.
4
Intellectual Property
4.1 GoodGym and/or its licensor(s) are the sole owners of the Website. The Website is protected by UK and International copyright and other intellectual property laws. We permit you to use the Website and any other documentation with which we provide you for non-commercial use only and we grant you a limited license solely for that purpose. This means that you may not sell, license, modify, copy, distribute or transmit the Website (or any part of it) for any commercial purpose or for any reason other than to take part in any GoodGym activity and/or perform any GoodGym task in accordance with these Terms of Service.
4.2 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. GoodGym reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
5
Electronic Communications
5.1 You consent to receiving electronic communications and notices from GoodGym. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
6
Security
6.1 Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
7
Privacy
7.1 You provide us with information when you register on the Website. We may also collect information both relating to you (for example on your usage history and the activities and tasks that you perform) and to users of the Website and our services in general. Any information that you submit or that we collect when you are using the Website and/or taking part in any GoodGym activity or task is subject to the GoodGym Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.
8
No warranty and liability limit
8.1 GoodGym provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. GoodGym specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. GoodGym assumes no liability or responsibility for any errors or omissions in the Website; any losses or damages arising from the use of the Website or from taking part in any GoodGym activity or task; any harm to your reputation or losses resulting from any disclosure of information about you by us as permitted in these Terms of Service. We reserve the right to deliver the Website and our services in our sole and absolute discretion.
8.2 In no event shall GoodGym, its shareholders, directors, trustees, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website, you taking part in any GoodGym activity or task or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage.
8.3 GoodGym does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
8.4 By permitting you to access the Website or perform any tasks or take part in activities we are not representing or warranting that you are suitable to, or permitted by law to, volunteer to perform such tasks or work with vulnerable persons. It is solely your responsibility to ensure that you are compliant with applicable law.
9
General
9.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), or the Website shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
9.2 GoodGym may change or discontinue provision of the the Website and/or its services at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the terms of Service set forth herein (without prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Website and will cease to contact any person with whom you have been introduced by GoodGym.
9.3 These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
9.4 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
9.5 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
9.6 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
9.7 These Terms of Service set forth the entire understanding and agreement between you and GoodGym with respect to the subject matter hereof.