Welcome to the web site of Phil-Asia Fitness Inc. (“Anytime Fitness” or “we” or “us”). Anytime Fitness is pleased to make the web sites located at https://www.anytimefitness.com/en-ph (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.
Any personal data collected through the Sites shall be processed in accordance with applicable Philippine data privacy laws and the Anytime Fitness Privacy Policy, which sets out the purposes of collection, use, disclosure, retention and protection of personal data.
These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Anytime Fitness, unless otherwise directed by Anytime Fitness. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.
Collection of Visitor Information
Any information collected at the Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with Anytime Fitness through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
Copyright
All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of Anytime Fitness or its content, software, and technology suppliers, and is protected by Philippine and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Anytime Fitness and protected by Philippine and international copyright laws. Anytime Fitness grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited.
Trademarks
The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Anytime Fitness and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.
Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Anytime Fitness. Any use of these rights without the prior written permission of Anytime Fitness is strictly prohibited.
Accuracy
Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Anytime Fitness reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Anytime Fitness discovers price errors, they will be corrected on Anytime Fitness’s systems, and the corrected price will apply to your order.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. ANYTIME FITNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. ANYTIME FITNESS MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. ANYTIME FITNESS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE PHILIPPINES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS ANY RIGHTS, WARRANTIES OR REMEDIES WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE PHILIPPINE LAWS.
Limitation of Liability
IN NO EVENT SHALL EITHER ANYTIME FITNESS OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
To the maximum extent permitted under applicable law, Anytime Fitness’s aggregate liability arising out of or relating to your use of the Sites or services provided through the Sites shall not exceed the amount paid by you (if any) for the relevant services giving rise to the claim.
Prohibited Activities & Visitor Obligations
As a visitor or user of the Site you shall not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
- disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Anytime Fitness’s prior, express, and written permission;
- use the Site for commercial purposes; or
- violate applicable laws, public policy, public order or accepted standards of morality and decency.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Site (“User Content”). In addition to the rights granted to Anytime Fitness elsewhere in these Terms of Use, you grant Anytime Fitness a non-exclusive, worldwide, royalty-free license to use, reproduce, display and process User Content in connection with the operation of the Sites and related services. Although Anytime Fitness has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, Anytime Fitness reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. Your User Content may be available on the Site for a limited period of time, as determined by Anytime Fitness in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
By the Post of User Content to the Site, you represent and warrant that (a) the User Content does not contain confidential information, personal data disclosed without authorization, or information subject to disclosure restrictions under applicable law; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to Anytime Fitness you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.
Indemnification
You agree to indemnify, defend, and hold Anytime Fitness and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that Anytime Fitness incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use except to the extent resulting from Anytime Fitness’s own negligence, willful misconduct or violation of applicable law.
Links to Other Web Sites
The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. Anytime Fitness does not review or monitor the web sites linked to the Site and Anytime Fitness is not responsible for the content or policies of any other web sites. Any link established by Anytime Fitness does not constitute an endorsement of the other web sites or create a relationship between Anytime Fitness and the operators of other web sites. Anytime Fitness disclaims any liability with respect to your use of any other web site, and you release Anytime Fitness from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by Anytime Fitness, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.
Changes to Terms of Use
Anytime Fitness may revise these Terms of Use from time to time by posting updated Terms on the Sites. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that Anytime Fitness shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.
Your Account
If you are a registered user of any of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Anytime Fitness reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
Fitness Club Owners, Employees, Trainers or Other Contractors
THIS SECTION OF THESE TERMS OF USE APPLY ONLY IF YOU ARE AN ANYTIME FITNESS® CLUB OWNER, EMPLOYEE, OUTSIDE TRAINER OR OTHER CONTRACTOR WHO IS ALSO GIVEN ACCESS TO THE DATA OF OTHER USERS. You may use your ability to access data applicable to other persons (“Member Data”), and use the Member Data that is disclosed to you, solely for the purposes of providing assistance to the other person in that person’s use of the Site or ANYTIME FITNESS® Club facilities or services. You must take all reasonable measures to prevent Member Data from being exposed or disclosed to others. You may not disclose any Member Data to any other person without the prior consent of Anytime Fitness. You acknowledge that in the event any Member Data in your possession or control is exposed or disclosed without authority, whether by your fault or not, Anytime Fitness may be required to give notice of such exposure to the affected members and to law enforcement authorities. You will be deemed responsible for any losses suffered by Anytime Fitness or by a member which are caused by your negligent, intentional, or malicious acts regarding violation of your obligations in this paragraph.
General Provisions
English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.
Any failure by Anytime Fitness to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.
If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.
Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.
You are responsible for compliance with applicable laws.
Submissions
Any questions, comments, suggestions or similar materials or information that you submit to Anytime Fitness or a third-party provider on the Sites (“Submissions”) shall remain your property. By submitting any Submissions, you grant Anytime Fitness a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display and distribute such Submissions for lawful business and operational purposes relating to the Sites and Anytime Fitness’s services.
You represent and warrant that you have the necessary rights and authority to submit the Submissions and to grant the rights described above.
Nothing in this section authorizes Anytime Fitness to process personal data contained in any Submissions except in accordance with applicable Philippine data privacy laws and the Privacy Policy.
Governing Law
The laws of the Republic of the Philippines shall govern these Terms of Use and any dispute arising out of or relating to the Sites or these Terms of Use.
The parties shall endeavor in good faith to resolve disputes amicably before commencing court proceedings.
Any court proceedings relating to these Terms of Use shall be brought before the competent courts of the Philippines.
Contact
For questions or comments related to the Site or these Terms of Use, please email us at TechSupport@anytimefitnessasia.com.