Text Messaging Terms
Please read these Text Messaging Terms (“Terms”) carefully. By submitting your telephone number or otherwise agreeing to receive text messages from Phil-Asia Fitness inc. (“Anytime Fitness,” “we” or “us”), you agree to be bound by these Terms, Anytime Fitness's websites' Terms of Use, Anytime Fitness's Privacy Notice, and any other applicable terms and conditions related to your participation in Anytime Fitness's text messaging service ("SMS Service").
By opting in to receive text messages, you consent to the collection, use, processing and disclosure of your personal data for purposes relating to the SMS Service, in accordance with applicable Philippine data privacy laws and the Privacy Policy.
If you do not agree with these Terms, you must immediately cease using the SMS Service and opt out, as described below.
We may update or amend these Terms, at any time, and such amendments will be effective upon posting of the updated Terms on the Anytime Fitness website
WE DO NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT ANY SERVICES, INCLUDING ANY TEXT MESSAGING SERVICES, THAT MAY BE OFFERED BY THIRD PARTIES AND/OR INDEPENDENTLY OWNED AND OPERATED FRANCHISEES.
Nothing in these Terms shall exclude or limit any rights or remedies which cannot lawfully be excluded or limited under applicable Philippine laws.
When You Opt In
By opting in, you confirm that you are the subscriber to the relevant phone number or the customary user of that number on a family or business plan, that you are at least eighteen (18) years old or otherwise have the legal capacity or required authorization under applicable law and that you are authorized to opt in to our SMS Service.
You agree that the SMS Service may use automated technologies or systems to send text messages to the telephone number associated with your mobile device, where permitted under applicable law.
Upon opting in you may receive one or more welcome messages or administrative messages, including confirmation of your desire to opt into receiving text messages from Anytime Fitness and its franchisees.
Types of Messages
Once you have opted into receiving text messages from us, we (and/or our franchisees) may send you messages concerning appointment confirmations and reminders, important club updates, exclusive offers and promotions, customer support and related communications. You acknowledge and agree that these text messages may contain personal information about you and that whoever has access to your mobile device or carrier will be able to see this information. While Anytime Fitness implements reasonable security measures, text messaging may not always be secure or encrypted and may involve certain security and privacy risks.
Opting Out
You can stop receiving text messages from Anytime Fitness at any point, and your consent to receive text messages from Anytime Fitness is not required and is not a condition to purchase any goods or services. If you wish to opt out of receiving text messages, or no longer agree to these Terms, directly reply to any text message received under these Terms with “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, and/or “QUIT.” You may receive an additional text message confirming your decision to opt-out. You understand that the text message SMS Service may not recognize and respond to unsubscribe requests that contain words or phrases other than “STOP,” “END”, “CANCEL”, and/or “QUIT”, as described above and, agree that Anytime Fitness and its service providers will have no liability for failing to honor such requests. You may also withdraw your consent to receive marketing communications at any time through the methods described in the Privacy Policy.
If you subsequently wish to resume receiving text messages, you just need to opt in again through the process described above.
Message Frequency
The number of messages you receive per month will depend on your preferences and the nature of our communication. Anytime Fitness reserves the right to increase or decrease this frequency at any point. We also reserve the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Costs
Anytime Fitness does not charge for the SMS Service; however, your mobile carrier’s message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages.
Supported Carriers
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Anytime Fitness, its service providers and the mobile carriers supported by the SMS Service are not liable for delayed or undelivered messages.
Privacy
We value your privacy. Please review our Privacy Policy, which explains how Anytime Fitness collects, uses, discloses, stores, transfers and otherwise processes personal data in accordance with applicable Philippine data privacy laws.
Disclaimer of Warranties
THE SMS SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ANYTIME FITNESS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ANYTIME FITNESS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SMS SERVICE. WITHOUT LIMITING THE FOREGOING, ANYTIME FITNESS WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY TEXT MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY, RIGHT OR REMEDY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE PHILIPPINE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANYTIME FITNESS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SMS SERVICE OR ANY TEXT MESSAGE CONTENT, NOR FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), EVEN IF ANYTIME FITNESS KNOWS OR HAS BEEN ADVISED THAT THERE IS A POSSIBILITY OF SUCH DAMAGE. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SMS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF (INCLUDING any OF OUR FRANCHISEES). YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SMS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SMS SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY, RIGHT OR REMEDY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE PHILIPPINE LAW.
Governing Law
These Terms are governed by the laws of the Republic of the Philippines. Any dispute arising out of or relating to these Terms shall be subject to the jurisdiction of the competent courts of the Philippines.