In these App Terms, unless the context requires otherwise:
References to laws, regulations or regulatory guidance are references to them as amended, replaced or re-enacted from time to time. References to the singular include the plural and vice versa.
These App Terms apply whenever you access or use the App, whether as a Member, Non-Member User, guest, prospective member or other user.
By creating an account, logging in, using the App, booking a class or service, making a purchase, accepting an offer, participating in a challenge or otherwise using an App feature, you agree to these App Terms.
If you do not agree to these App Terms, you must not use the App.
Your contract for use of the App is with the Local Virgin Active Entity identified in the Country Schedule that applies to you. If you have a Home Club, the applicable Country Schedule will usually be the schedule for the country of your Home Club.
If you do not have a Home Club, or if you use the App in connection with a specific country, offer, club, event, product or service, the applicable Country Schedule will be the schedule for the country most closely connected with that use, offer, club, event, product or service.
If there is a conflict between these global App Terms and a Country Schedule, the Country Schedule applies to the extent of the conflict. If there is a conflict between these App Terms and mandatory law that applies to you, the mandatory law will prevail.
These App Terms govern your use of the App only. They do not replace your membership agreement, local membership terms, club rules, product terms, promotion terms, payment terms, personal training terms, guest pass terms, event terms or any other terms that apply to specific Virgin Active products or services.
Use of the App does not itself give you a right to access any Virgin Active club, class, facility, product or service. Club access remains subject to your membership agreement, local membership terms, club rules, opening hours, capacity, availability, age restrictions, health and safety requirements, payment status and any local terms shown in the App.
If there is a conflict between these App Terms and your membership agreement or local membership terms, your membership agreement or local membership terms will apply in relation to membership fees, club access, freezes, cancellations, suspensions, club rules and membership-specific rights and obligations.
You may need to create or link an account to access some App features. You must provide accurate, current and complete information and keep your information up to date.
You are responsible for keeping your login credentials, PINs, digital access passes, QR codes and device credentials secure. You must not share them with anyone else or allow another person to use your account or digital access credential.
We may refuse, suspend, restrict or disable access to your account or any App feature where we reasonably believe this is necessary to protect security, prevent misuse, comply with law, protect Virgin Active, protect other users, protect club operations, or enforce these App Terms or other applicable terms.
You must notify us promptly if you believe your account, login credentials or device have been compromised.
The App may allow you to book, join waitlists for, cancel or manage classes, appointments, facilities, events, guest passes or other services. All bookings are subject to availability, eligibility, capacity, local rules, operational requirements and any terms shown at the time of booking.
We may change timetables, instructors, trainers, class formats, facilities, venues, operating hours and available services at any time where reasonably necessary for operational, safety, staffing, maintenance, regulatory, commercial or other legitimate reasons.
Booking through the App does not guarantee access if you are not eligible to attend, your membership is suspended, frozen, unpaid, cancelled or otherwise restricted, you arrive late, the class or service is cancelled, you fail to comply with club rules, or access would create a health, safety, security or capacity issue.
Late cancellation, no-show, waitlist and booking limit rules are set out in your local membership terms, club rules or in-App notices. Where the App shows local booking rules, you must comply with those rules.
Digital check-ins, QR codes, access passes and other digital access credentials are personal to you. We may refuse access or require additional verification where we reasonably consider this necessary to prevent misuse, protect safety or comply with local rules.
Where the App allows you to purchase or subscribe to a product or service, the relevant merchant, product description, price, taxes, payment method, renewal terms, cancellation terms, refund terms and any minimum term will be shown to you before you complete the purchase, or will be set out in the applicable local membership terms, product terms or Country Schedule.
Some payments may be processed by a third-party payment provider, app store, web checkout provider or other payment intermediary. Your use of those payment services may be subject to separate terms and privacy notices.
Where a purchase is made through an app store, the app store provider may be the merchant or payment processor for that transaction and the app store terms may apply in addition to these App Terms. To the extent of any conflict about app store billing, refunds or subscription management, the applicable app store rules may take priority.
You must ensure that your payment information is accurate and that you are authorised to use the payment method provided. We may suspend or restrict access to paid features if payment fails, is reversed, is suspected to be fraudulent, or is otherwise not received.
Nothing in these App Terms limits any mandatory refund, cancellation, consumer guarantee or statutory rights that apply to you under local law.
The App may include offers, rewards, challenges, goals, streaks, badges, promotional benefits or similar features. These features are subject to the specific terms shown in the App or otherwise communicated to you.
We may change, suspend, withdraw or correct offers, rewards or challenge mechanics where reasonably necessary to address errors, fraud, misuse, technical issues, regulatory requirements, operational requirements, fairness concerns or changes to the relevant promotion.
Unless expressly stated otherwise, rewards and offers have no cash value, are personal to you, are non-transferable and may only be redeemed in accordance with the applicable offer terms.
If a reward, challenge or offer involves a prize draw, competition or game of chance, separate promotion terms will apply and may vary by country.
Where the App personalises goals, offers or content, that personalisation will be explained in the Privacy Notice or in-App notices where required by applicable data protection law.
The App may include fitness, wellbeing, nutrition, recovery, lifestyle, goal-setting, progress, assessment, score-based or similar content. This content is provided for general wellbeing and information purposes only. It is not medical advice and is not designed to diagnose, treat, monitor, cure or prevent any disease, injury or medical condition.
You are responsible for exercising safely and within your own capability. You should not start, change or continue any exercise, nutrition, recovery or wellbeing programme through the App if you have a medical condition, injury, pain, are pregnant, have recently given birth, are taking medication, have dietary restrictions, have allergies, or have any concern about your health, unless you have first obtained appropriate advice from a qualified healthcare professional.
You must stop exercising or using any wellbeing activity immediately if you feel pain, dizziness, faintness, shortness of breath, chest pain or any other unusual or concerning symptoms, and seek medical advice where appropriate.
Nutrition content is general information only. You are responsible for checking ingredients, allergens, dietary suitability and whether any nutrition content is appropriate for your health, medical needs and personal circumstances.
Any scores, recommendations, insights, goals or progress indicators in the App are estimates and may be affected by data quality, device accuracy, user input, algorithmic assumptions and third-party integrations. They should not be treated as clinical measurements or guarantees of health outcomes.
The App may link to, integrate with or display content from third-party websites, platforms, devices, wearables, payment providers, health or fitness services, analytics providers, content providers or other third-party services.
Third-party services are not controlled by Virgin Active unless expressly stated. Their use may be subject to separate terms, privacy notices, settings, fees and technical requirements.
We are not responsible for third-party services, third-party content, third-party availability, device accuracy, data transmitted from third-party integrations, or any loss arising from your use of third-party services, except to the extent required by applicable law.
You may disconnect supported third-party integrations where the App or third-party service allows. Some App features may not work properly if a required integration is disabled or unavailable.
You must use the App lawfully, responsibly and only for personal, non-commercial purposes, unless we have agreed otherwise in writing.
You must not:
We may investigate suspected misuse and may remove content, restrict features, suspend accounts, cancel bookings, withdraw rewards, report conduct to law enforcement or regulators, and take any other action reasonably necessary to protect Virgin Active, users, staff, clubs, systems and the public.
If the App allows you to upload, submit, post, send or otherwise make available content, you are responsible for that content and must ensure you have all rights and permissions needed to share it.
You retain ownership of your content. You grant Virgin Active and its service providers a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, adapt, transmit, moderate, process and use your content solely as reasonably necessary to operate, provide, secure, support, moderate and improve the App and related Virgin Active services, and as otherwise described in the Privacy Notice or applicable in-App notices.
We may monitor, moderate, remove, restrict or refuse to display user content where we reasonably believe this is necessary to enforce these App Terms, protect users, protect staff, protect Virgin Active, comply with law, respond to legal process, address infringement complaints, prevent misuse or maintain the quality and safety of the App.
If the App includes community or social features, additional community standards may apply.
The App, including its software, design, text, images, graphics, logos, trade marks, content, data compilations, features, user interface, databases and other materials, is owned by or licensed to Virgin Active or its licensors and is protected by intellectual property laws.
We grant you a limited, personal, revocable, non-exclusive, non-transferable licence to access and use the App for your own personal, non-commercial use in accordance with these App Terms.
You must not copy, reproduce, modify, distribute, sell, licence, publish, display, perform, create derivative works from, exploit or otherwise use the App or its content except as expressly permitted by these App Terms or applicable law.
We aim to make the App available, secure and useful, but we do not guarantee that the App or any App feature will always be available, uninterrupted, secure, error-free or compatible with every device, operating system, browser or third-party service.
We may update, change, suspend, withdraw, replace or discontinue the App or any App feature at any time where reasonably necessary for operational, technical, security, legal, regulatory, commercial, product development or safety reasons.
We may release updates that you need to install to continue using the App or certain features. If you do not install updates, some features may not work properly or may no longer be available.
We are not responsible for failures caused by your device, internet connection, app store, third-party services, software settings, unsupported operating systems, security restrictions or events outside our reasonable control.
We process personal information in accordance with the Privacy Notice and any in-App privacy notices presented to you when you use particular App features. These notices explain what personal information we collect, how we use it, our lawful bases where required, how we share it, international transfers, retention, your rights and how to contact us.
The App may use cookies, SDKs, pixels, device identifiers, analytics technologies and similar technologies where permitted by applicable law and as explained in the Privacy Notice or in-App notices.
You can manage some communications, push notifications and marketing preferences in the App, through your device settings, through preference centre settings where available, or by using unsubscribe and opt-out options in communications. Some service, security, transactional or account communications are necessary for us to provide the App or related services.
We may monitor, retain, remove or disclose communications or content submitted through the App where reasonably necessary to operate the App, enforce these App Terms, protect users, investigate misuse, comply with law, respond to legal process, or protect the rights, safety and security of Virgin Active, our members, staff or others.
We take reasonable steps to protect the App and the information processed through it. However, no app, website, network, device or transmission is completely secure.
You are responsible for keeping your device, operating system, app version, login credentials and security settings secure and up to date.
You must not attempt to test, bypass, disable, attack, overload or interfere with the security or proper functioning of the App or any Virgin Active system, except under a written vulnerability disclosure or security testing arrangement approved by Virgin Active.
Nothing in these App Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, wilful misconduct, gross negligence where applicable, or any liability that cannot be excluded or limited under applicable law.
Nothing in these App Terms limits any mandatory consumer rights, consumer guarantees, statutory warranties, refund rights, cancellation rights, privacy rights or other legal rights that apply to you under local law.
Subject to the above, the App is provided for personal consumer use. We are not liable for business losses, lost profits, lost revenue, lost business opportunity, loss of goodwill, loss of anticipated savings, loss or corruption of data, or indirect or consequential loss arising from your use of the App.
We are not liable for loss or damage caused by your breach of these App Terms, your failure to follow safety instructions, your misuse of the App, your device or connectivity issues, third-party services, or events outside our reasonable control, except to the extent required by applicable law.
Where local law allows us to limit liability, our aggregate liability arising out of or in connection with the App will be limited to the greater of: (a) the amount you paid directly to the relevant Local Virgin Active Entity for the App feature giving rise to the claim in the 12 months before the claim arose; and (b) the minimum amount required by applicable law. This limitation does not apply to liability that cannot lawfully be limited.
You may stop using the App at any time. Deleting the App or closing your App account does not automatically cancel your membership, subscriptions, bookings, payment obligations or other Virgin Active services unless the relevant terms expressly say so.
We may suspend, restrict or terminate your access to the App or any App feature if you materially breach these App Terms or any other applicable terms, if your membership is suspended or terminated, if required by law, if we reasonably suspect fraud or misuse, or if necessary to protect the App, users, staff, clubs, systems or Virgin Active.
Clauses that by their nature should continue after termination will continue, including clauses relating to intellectual property, user content licences, liability, governing law, privacy, security and enforcement.
We may update these App Terms from time to time to reflect changes to the App, our services, our business, applicable law, regulatory guidance, security requirements or operational needs.
Where required by applicable law, or where a change is material and adverse to you, we will give you reasonable notice through the App, by email or by another appropriate method.
If you continue to use the App after updated App Terms take effect, you will be treated as accepting the updated App Terms. If you do not accept the updated App Terms, you must stop using the App.
If you have questions or complaints about the App, please contact us using the details shown in the App, the relevant Country Schedule, your local Virgin Active website or your membership materials.
If your complaint relates to privacy or data protection, please use the contact details in the Privacy Notice. If your complaint relates to a purchase, membership, class, club or local service, please use the local customer support details for the relevant country.
The governing law and courts that apply to these App Terms are set out in the relevant Country Schedule.
Nothing in these App Terms limits your right to bring a claim or complaint in a country where mandatory consumer law gives you that right.
We may bring proceedings against you in your country of residence, the country of your Home Club, the country where the relevant service was provided, or any other country where we are permitted to do so by applicable law.
We may transfer our rights and obligations under these App Terms to another Virgin Active group company or to a third party in connection with a reorganisation, transfer of business, outsourcing, merger, acquisition or sale, provided this does not materially reduce your rights under these App Terms or applicable law.
You may not transfer your rights or obligations under these App Terms without our prior written consent.
If any provision of these App Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary to make it valid, lawful and enforceable. If modification is not possible, the provision will be severed and the remaining provisions will continue in force.
If we do not enforce a provision of these App Terms immediately, that does not mean we have waived our right to enforce it later.
These App Terms are between you and the relevant Local Virgin Active Entity. No other person has rights to enforce them except another Virgin Active group company or licensor where the relevant provision is intended to benefit that person.