Terms of Use
Dear User!
These terms of use (“Terms of Use”) set forth the terms and conditions of SMARTASS (“us”, “our”, and “SMARTASS”) applicable to your (“you”, “your” and “yourself”) use of the SMARTASS website located at https://smartass.club/, and any related software, applications (including the SMARTASS Application), services and/or products (collectively the “Online Services”).
Thanks to Online Services, you will be able to find out the location of the nearest or most convenient SMARTASS sports club (hereinafter referred to as the Club), get acquainted with its coaches and a list of their training sessions, and sign up for training at the appropriate Club, leave feedback and evaluation of the training you have attended.
And even more, in case you use the Online Services via the SMARTASS Application you’ll be able to find out which of your friends (whose numbers are in your address book on your mobile device) is visiting one of the Clubs and when they intend to attend the next training session. Please note that in the latter case after your registration in the Online Services via the SMARTASS Application, similar actions - that is, to find out which training sessions in the Club you attend and when the next one is - will be discovered for those people who have the SMARTASS Application installed and have your number in their contact list on the mobile device unless you used appropriate Application feature to hid your profile.
1. Your use of the Online Services constitutes your agreement to all of the terms and conditions in the Terms of Use, and SMARTASS encourages you to read the Terms of Use carefully. In the event of a conflict between these Terms of Use and any other agreement, whether written or oral, between SMARTASS and you, whether in your individual capacity or as the representative of any entity, these Terms of Use shall supersede and control. IF YOU OBJECT TO ANYTHING IN THE TERMS OF USE, INCLUDING THE JURY WAIVER IN SECTION 23, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE ONLINE SERVICES AND EXIT IMMEDIATELY, AS YOU ARE NOT AUTHORIZED TO USE THE ONLINE SERVICES.
2. License. Subject to the terms and conditions set forth in the Terms of Use, SMARTASS grants you a personal, nonexclusive, nontransferable, revocable license to access and use the Online Services solely for your personal, noncommercial use. Rights not expressly granted to you in the Terms of Use are reserved by SMARTASS.
3. To be eligible to use the Online Services, you represent, warrant, and undertake that you: (A) are at least eighteen (18) years of age or older; (B) have the full legal capacity and authority to agree to these Terms of Use and agree to be bound by these Terms of Use; (C) will not breach any other agreement to which you are a party by agreeing to these Terms of Use; (D) you will not be restricted from using the Online Services in any way or for any reason; (E) you will not use the Online Services for reasons that are competitive or unfavourable to SMARTASS; and (F) you will have only one account on the Online Services and any of its component (website, any related software, applications, services and/or products) at any given time.
4. Since the purpose of using the Online Services is to participate in the training process at the Club (registration and information purpose), the SMARTASS Sports Club attendance rules are also an integral part of these Terms of Use, which apply to visits to any of the Clubs, but the administration of any individual Club has the right to clarify or supplement such attendance rules, which, however, may not contradict these Terms of Use. In no case may the Online Services be construed as giving you any professional sport advice, pushing you to do sports, or informing you in any manner on the state of your health as well as making any other activity for any other purpose not expressly indicated within these Terms of Use.
5. In some cases coaches, massage therapists, nutritionists and other professionals working with you in our Clubs are not employees of ours being independent contractors providing their individual professional services to our guests. We know them, respect their work and are sure of their highest skill and professionalism allowing them to use our premises but in no case we bear any responsibility for their advices, programs, given to you or any aspect of their behaviour on personal level.
6. No control. SMARTASS does not have control over any aspect of any training process in the Club including, without limitation, the timing, quality, performance or non-performance thereof, results of your training sessions etc. Further, SMARTASS does not supervise or control any aspect of the training process performed by its clients, and you as the client of the Club are responsible for supervising and controlling the training process of yours as well as the state of your health and time of your attendance. As such, SMARTASS makes no representations, warranties or covenants about any aspect of any sport massage services performed.
7. Fees. The Online Services are provided for free. Once you choose your training plan you shall pay for, according to our price proposal, set for appropriate Club or Clubs, chosen by you for attendance. Any late or non-payment as well as any price deductions may be applied in case of appropriate discount program or direct negotiations with club manager, resulted in written form – in all other cases we remain in our right to limit or deny you Club attendance in case of late or non-payment.
You can make payments for your training plan by credit/debit card through VPOS terminal / or Pay by Link.Types of accepted cards: Visa and Mastercard debit, credit and business cards. Transactions are made through Mastercard IdentityCheck and VISA Secure security programs. In terms of security, the maximum amount you can pay with your card for your training plan hereunder is set by the bank or the owner of the card. Any refunds are possible in case of erroneous or fraudulent payment as well as due to a legally mandated medical condition that prohibits you from exercising for the entire term of the training plan you have selected and paid for. Refunds of the amount paid by card are made to the same card.
8. The administration of the Club collects and processes your personal data, acting as a processor of personal data on behalf of SMARTASS as the data controller.
9. We do not store credit or debit card information. In addition, the administration of the Club will use your personal data we received from you - to contact you, including for the purpose of sending you marketing materials regarding the activities of the Club or advantageous offers, as well as for the purpose of sending notifications of changes in these Rules.
10. For more details on how we collect and process your personal data during your use of the Application on the terms set out in our privacy policy. You can find it here (CLICK HERE).
11. During your first visit to the Club, you, in case of necessity may be required to personally fill out a separate document - consent to the processing of your personal data, but usually we do not seek it.
12. You represent and warrant and at all times you will: (A) Maintain the security and confidentiality of your Online Services account information, including, without limitation, your username and password; (B) Be responsible for all activity that occurs under your account, whether by you or by others; (C) Notify us immediately of any unauthorized use of your account in Online Services; (D) Be liable for all charges, damages and losses incurred or suffered by you and/or by SMARTASS as a result of activity under your account in the Online Services; and (E) Ensure that you log out of your account at the end of each session.
13. SMARTASS has exclusive rights to photos, video and printed materials made to its order within the framework of the Club's activities, as well as to the franchise and SMARTASS trademark.
14. We have to admit that there are some types of the prohibited use of the Online Services, including that at all times you will not:
14.1. Act dishonestly or unprofessionally by engaging in unprofessional behaviour or by posting inappropriate, inaccurate, or objectionable information and/or content in the Online Services;
14.2. Duplicate, licence, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Online Services;
14.3. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Online Services;
14.4. Create a user profile for anyone other than yourself or otherwise use or attempt to use another’s account without our authorization;
14.5. Utilise information and/or content you view on and/or obtain from the Online Services to provide any service that is competitive with the Online Services or our SMARTASS business;
14.6. Imply or state, directly or indirectly, that you are affiliated with or endorsed by SMARTASS;
14.7. Adapt, modify or create derivative works based on the Online Services or the technology underlying the Online Services or any of their components;
14.8. Rent, lease, loan, trade or sell/resell access to the Online Services or any information therein.
15. In case of any disputes regarding the interpretation of the text of these Terms of Use, the interpretation of the Club administration shall be considered official.
16. These Terms of Use may be changed from time to time by us at our sole discretion. And we will notify you about it using your contact information provided by you directly or through the Online Services. You shall be asked to give your strict and direct consent with such updated version of these Terms of Use for the further use of the Online Services. Without such a consent obtained the Online Services shall be inaccessible for you.
17. Note, please, that some components of the Online Services may include some other provisions in their respective rules or terms of use or other similar document, that may in some reading or consideration contradict some languages or provisions of these Terms of Use, but nevertheless it may occur exclusively if it is demanded by technical requirements or applicable legislation. As general rule it must be understood that all other rules, terms and other documentation of the Online Services’ components are integral part hereof and obey these Terms of Use.
18. The Online Services may from time to time link to websites and/or applications operated by third parties, including, without limitation, licensors or advertisers (“Third-Party Website”). SMARTASS does not control Third-Party Websites and is not responsible for them, their availability, their information and/or content or any viruses that may be accessed through them. The inclusion of hyperlinks or other connections to Third-Party Websites does not imply any endorsement of them or any association with their owners or operators. You are solely responsible for reviewing and evaluating whether you want to access or use such Third-Party Websites, including any applicable terms and/or privacy practices, if any.
19. Intellectual Property. All of the design, text, and graphics of the Online Services, as well as the selection and arrangement thereof, are proprietary and copyrighted works of SMARTASS, with all rights reserved. SMARTASS is the registered trademarks of SMARTASS. The Online Services images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Online Services, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Online Services are the property of their respective owners.
20. If you believe, in good faith, that any materials on the Online Services infringe upon your copyrights, please send the following information to us at [email protected]:
20.1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Online Services where the material you claim is infringed is located;
20.2. Include enough information to allow us to locate the material, and explain why you think an infringement has taken place;
20.3. Your name, address, telephone number, and e-mail address;
20.4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
20.5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
20.6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
21. If any provision of these Terms of Use or any future changes become unacceptable to you, you may cancel your registration in the Online Services and / or deleting components of the Online Services from your device.
22. We promote sports and fitness in all countries. And therefore, in order to maximize their popularization, we want to meet all the applicable requirements that are in force in the territory of each of our Clubs. That's why we have developed these Terms of Use as universally as possible, taking into account the rules and regulations of different states, but of course the main applicable law will be the law of the country in which the respective SMARTASS Club is located. Any dispute, demand, claim, controversy, cause of action, lawsuit or proceeding (collectively, “Dispute”) arising out of or in any way related to the Online Services and/or the Terms of Use shall be governed by and construed in accordance with the laws of the same country, without regard to its provisions regarding conflicts of law. You submit to the exclusive jurisdiction of the same country and in case of necessity should address the court or relevant jurisdiction thereof.
23. You hereby irrevocably waive your right to trial by jury (if applicable by law) in any dispute involving SMARTASS. You further agree to waive any right to resolve any dispute involving SMARTASS as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or court of law to proceed with a class or representative action, you agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action; and (ii) you will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
24. Disclaimer of Warranties. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. FURTHER, SMARTASS DOES NOT REPRESENT OR WARRANT THAT THE ONLINE SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK.
25. Release. To the extent permitted by law, SMARTASS hereby expressly disclaims, and you hereby expressly release SMARTASS from, any and all disputes for damages, injuries, losses and liabilities associated with the following: (a) SMARTASS’ own negligence; (b) that use of the Online Services will be uninterrupted or error-free; (c) that any services will be reliable, accurate, safe, timely or complete; (d) the inaccuracy, untimeliness or incompleteness of any information and/or content including, without limitation, any reliance upon such information and/or content; (e) any misstatements or misrepresentations made by any user; (f) third-party websites including, without limitation, related to availability, terms of use, privacy practices, information, content, materials, advertising, charges, payment, products and/or services; (g) the conduct of any user online or Club visitor offline including, without limitation, harassment, abuse, defamation, injury, and damage to or destruction of property; (g) the conduct of third parties including, without limitation, hackers or others who engage in the unauthorized access, use or misappropriation of any information and/or content; and (h) any information and/or content that may be misappropriated, intercepted, deleted, destroyed or used by others as well as held as inappropriate content by the Online Services user.
26. Limitation of Liability. To the extent permitted by law, under no circumstances will SMARTASS be liable to any user or any third party for direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from, in connection with or in any way related to the services or the Online Services, even if advised of the possibility of the same. Notwithstanding anything in the terms of use to the contrary, if it is determined that SMARTASS is liable to you, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed five-hundred Euros (EUR 500).
27. You agree to defend, indemnify and hold SMARTASS harmless from and against any and all Disputes, including without limitation for damages, injuries, losses, liabilities and reasonable legal and accounting fees (collectively, “Indemnified Claims”), resulting from, or alleged to result from: (A) Your breach of the Terms of Use; (B) Any information and/or content you submit to or transmit through the Online Services, (C) Your or misuse of the Online Services including, without limitation, your unauthorized or unlawful use of the Online Services; (D) Your violation of any applicable law, rule or regulation pertaining to your use of the Online Services; (E) The use of the Online Services by any other person using your account. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
28. Waiver; Severability. Failure by SMARTASS to enforce any provision(s) of the Terms of Use will not be construed as a waiver of any provision or right. The Terms of Use constitute the entire agreement between you and SMARTASS. If any provision of the Terms of Use is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. The Terms of Use will inure to the benefit of SMARTASS, its successors and assigns.
29. We may change, suspend or terminate your access to the Online Services at any time, including the availability of any information, technical feature, database or content on the Online Services – for any or no reason at all, and suspension or removal will be effective immediately upon delivery of such notice. We may also impose restrictions on certain features or access to part or all of the Online Services. After all, we determine the rules of conduct on them and reserve the right to demand their implementation from all and any of the users of the Online Services.
30. In case of violation of these Terms of Use, we reserve the right, at our sole discretion, to deny you access to the Online Services in whole or in part, including deleting your registration data in the Online Services, with or without notice.
31. This text of the Terms of Use was published on March 15, 2023, which is also the date of their entry into force. The date of entry into force of subsequent versions of the Terms of Use will also be reflected in their text.
SMARTASS SPORTS CLUB ATTENDANCE RULES
1. Note that you can get the right to visit our sports club by purchasing a subscription both through the Application and through our website https://smartass.club/, paying for training at our cash desk or simply getting the right to a free trial training - it depends on the situation. But regardless of how you got the right to such visits, you must determine and comply with the provisions of these attendance rules our SMARTASS sports club.
2. Unconditional understanding, acceptance and implementation of these attendance rules of the Club is a prerequisite for visiting the Club. If you do not agree with the text of these rules of visiting or certain of their provisions, then we, as the administration of the Club, urge you not to purchase season tickets or one-time training at the Club.
3. The fact of recognition of these attendance rules and the moment of agreement with their text and provisions is the moment of payment for training (training cycle, etc.) at a paid visit to the Club or filling out a visitor's questionnaire at a free visit.
4. By visiting the Club, you acknowledge and confirm that you are in sufficient physical condition to attend sports clubs and participate in training sessions of varying intensity. You also acknowledge that you have sufficient skills, abilities and health necessary to participate in the training sessions or training cycles you have chosen.
5. You also confirm that you have no contraindications against intense physical activity, as well as no allergic reactions that make it impossible for you to participate in the chosen training.
6. Please note that our trainings are carried out according to our unique approach, which, among other things, provides that most of the trainings are held in a darkened room, accompanied by loud music and associated with the simultaneous participation of many athletes of different ages and genders.
7. You personally choose the workouts or training cycles you are going to participate in. We can recommend you something from the list of workouts, training cycles or training programs we offer, but the final choice is always yours.
8. You may not be admitted to the relevant training session, with or without a refund, if you are late for such training session or do not have proper sportswear for participation in such training session. Such non-admission is not a violation of these attendance rules by the Club or the Club administration.
9. If you do not show up for training, according to your schedule or appointment, or leave the training room during the training, such missed or incomplete training may be returned or reimbursed to you only at the discretion of the Club administration. By default, such reimbursement is not made, which cannot be considered a violation of these attendance rules by the Club or the Club administration.
10. We reserve the right to refuse you to choose certain trainings or to visit the Club as a whole - without explanation, because we care about our own positive image and reputation, and even more we care about the health, safety and good mood of the Club visitors, including you personally.
11. During the training:
11.1. All training participants are in training in sportswear suitable for participation in such training, and the suitability of clothing is determined by the coach conducting such training;
11.2. All participants of the training shall follow the instructions of the coach, including those concerning the volume of loads, content and duration of training exercises, common for all or separate for any participant;
11.3. All training participants shall continuously monitor their own health and immediately signal its deterioration to the coach conducting the relevant training;
11.4. We strongly ask you not to obstruct and not to interfere with other participants to participate in the training, and the coach – to conduct it;
11.5. Only the coach determines the start and end of the training.
12. Participation in training does not involve additional costs on the part of training participants, and the costs incurred by them on their own initiative are not reimbursed by the Club administration. At the same time, we reserve the right to recommend you individual nutrition programs, products or food additives.
13. If you intend to continue visiting our Club, we would not recommend
13.1. Consume alcohol in the Club outside the Club restaurant;
13.2. Use drugs, smoke, be in a state of drug or alcohol intoxication on the territory of the Club;
13.3. Call for or use violence;
13.4. engage in behaviour that affects the rights and legitimate interests of other visitors or employees of the Club, harms their reputation and positive image, as well as the reputation and positive image of the Club;
13.5. To start or enter into discussions on political, religious, racial, ethnic and other topics that affect the rights and interests of other people, encroach on the sovereignty and territorial integrity of Ukraine, incite hostility or hatred in any form, but at the same time we insist on the fact that "Russia is an aggressor state. Ukraine is a victim of aggression and unjust war, and Crimea is the part of Ukraine."
13.6. To break and damage the inventory and equipment of the Club;
13.7. Bring and leave unattended small and underage children, as well as animals without prior approval of the Club administration, provided that you remain responsible for their behaviour and the consequences of such behaviour at all times.
14. Please note that on the territory of the Club, in places of public access, as well as in places to which access is allowed only to employees, coaches and staff of the Club, there is constant video surveillance and sound recording. We do this to maintain order, search for missing items and facilitate ways out of disputable situations if they arise.
15. Photos and video images of group trainings at the Club may be used by the Club administration as or as part of its own marketing materials, without indicating the name and surname of the persons depicted on such materials. Your consent to such use is deemed to be given by agreeing to these attendance rules in their latest version.
16. To avoid misunderstandings: there is no video surveillance inside the locker rooms and showers.
17. The Club and the administration of the Club are not responsible for any deterioration in the health or well-being of visitors to the Club.
18. The Club and the administration of the Club are not responsible for personal staff of the Club visitors left unattended, including valuables.
19. When registering for training or purchasing a training subscription at the Club, you will be required to provide your name, surname, date of birth, personal phone number and e-mail. You are personally responsible for the completeness, relevance and appropriateness of the information provided.
20. In addition, during your visit to the Club, we use our own technical means to receive and process the schedule of my visits to the Club and the records of coaches (instructors) regarding the results of such visits.
