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USING THE APP

You can create a profile either through our App or Website. In the App, you simply click the “Profile button” or “Sign up” if you use our website. At this point, you can either create a profile from scratch or use your Facebook, or Google plus credentials, and you are ready to go.


In TrainAway we distinguish between Partner Clubs (blue icon) and non-partner clubs (grey icon).


A TrainAway Partner is a fitness club where you can buy a pass, see extensive pictures of the club and get an overview of the club facilities. This gives you an extensive overview so feel free to browse through and get a feeling of the club.


Available information on the Non-partner clubs is limited and TrainAway cannot ensure that these clubs have the option for short time passes. Therefore, the TrainAway Partners are the sure choice if you want to have an easy and hassle free training. Non-partner clubs can be everything from a yoga studio to a CrossFit club.

Choosing a TrainAway Partner Club you will find an overview of the available facilities in the form of icons, such as free weights, cardio equipment etc.

BUYING A PASS

Having chosen your preferred TrainAway Partner Club click “Buy pass” in the club profile and use your preferred credit card to purchase the pass that fits your needs.

Passes are available on your phone, tablet or computer. It can be accessed through your Profile under the Purchase section. Here you can also find previous passes.

As soon as the payment is completed the pass can be activated and used at the specified TrainAway Partner Club.

Pack your bag! You are going to the club for a work out! Through the app, you will get directions leading you directly to the club so you won’t have any problems finding it.

No, it does not. The pass selected and purchased on the profile of a TrainAway Partner Club is solely for the use of the selected club. However, you are always welcome to contact us if you wish to attend another TrainAway Partner Club as long as the pass has not been activated or is expired.

The TrainAway platform shows all fitness clubs near you, but it is only at the Partner Clubs that you can buy a pass. If you would like to recommend a club or maybe you are yourself a club owner, please do not hesitate to contact us on info@trainaway.fit.

Your pass is valid for 30 days, which means that you do not have to use it right away. Still, this means that the pass should be activated within these 30 days. When you want to activate your pass you simply click “Activate” and then, depending on the type of pass, you have a specific time period to walk in and out of the club: One session pass, 2 hours Three-day pass, 72 hours One week pass, 168 hours

Our goal is to make everything as simple as possible. When arriving at the club simply show your pass at the reception and you will be allowed access to the club.

You can store the information of multiple credit cards on your profile in case you do not always use the same card to purchases or if you have a company card which you will like to use.

The passes can only be used during their activated time span. When a pass has expired you will have to buy a new one.

When you activate the pass you will be informed of regulations and what to bring to the club such as indoor shoes, a padlock or a towel. In most cases, a padlock can be rented at the fitness club. We recommend that you always bring an identification card when visiting a club.

A pass can be canceled within 30 days as long as it has not been activated or has expired. Please write info@trainaway.fit and your request will be handled as soon as possible.

In the highly unlikely case that there is a problem entering the club with an active pass please write info@trainaway.fit and we will report back to you as soon as possible.

The prices on the TrainAway platform has been set by both the Partner Club and TrainAway. In case you receive a better offer at the club we would appreciate if you give us a heads up on info@trainaway.fit.

Invite your friends and give them 10% discount on their first purchase. In return, you will earn a discount bonus of 10% of your next purchase after your friend has bought his or her’s first pass. To invite a friend via email or Facebook, click on the ‘Invite Friend’ button in your profile.

Yes. There is a limit of 8 training passes per club each year. Still, feel free to contact us if you would like to buy more passes.

FEEDBACK

When your pass has expired you will be asked to rate the club by written feedback and giving the fitness club a number of stars ranging between 1 to 5.

All ratings are published. Your feedback will benefit other users as well as grant the Partner Clubs an opportunity to improve their services. The review will be visible for other users and the Partner Clubs.

COMPLAINT

Please contact us on info@trainaway.fit if you have had a bad experience or if something was in any way confusing or dissatisfying. Please include details of what happened, who served you and what else comes to mind.

Please write info@trainaway.fit and we will get back to you as soon as possible. Our goal is to make it as easy as possible to train when you are away from your regular club and of course give the user the satisfaction of a hassle-free training. Therefore, we hope that you will let us know if you are dissatisfied.

Just enter your profile and you can see your active and expired passes under the Purchases section.

Write us on info@trainaway.fit and we will get back to you in a hurry.

Countries

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Ireland

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Norway

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Acceptance

By creating a user profile or use of the website www.TrainAway.fit ("Website"), the application TrainAway for iPhone and Android (“Applications”) and services associated therewith (the "Services") (Website, Applications and Services all referred to as “TrainAway” in the following) you agree to this policy for the processing of your personal data on TrainAway ("Privacy Policy"). If you do not accept the content of this Privacy Policy, you should immediately leave TrainAway and stop using TrainAway.

Service Provider

Service provider is: TrainAway ApS VAT No. 38201824 Fiolstræde 30, 2. DK-1171 København Denmark (hereinafter referred to as ”Service Provider”)

Collected Personal data

We collect personal data from you, when you activate the service we provide, and when you use TrainAway. We collect Personally Identifiable Information from you when you register for TrainAway, including the following: name and email address. To participate in certain activities and to obtain certain services or documents offered on TrainAway, you may be asked to provide additional Personally Identifiable Information such as phone number, and credit card information. We endeavour to limit our requests for Personally Identifiable Information to information we believe is reasonably necessary to achieve our purposes as described in the “Purpose” section below. When you visit TrainAway we also collect non-personally identifiable information, which is information that by itself cannot be used to identify or contact you, such as demographic information (such as age or gender) or usage information (such as the browser you are using, the URL that referred you to TrainAway and the areas of TrainAway you visit). We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Platform and offerings. Any personal data we collect from you is collected, used, processed and stored only in accordance with the applicable national requirements and regulations on personal data.

Purpose

TrainAway uses Personally Identifiable Information for several general purposes: to provide you with TrainAway service information, and news, to support TrainAway and services offered on or through TrainAway, to contact you for feedback about our services, to conduct research about TrainAway’s customer base or services, to fulfil your reservation and purchase requests, to process your payments including credit checks and collection, to notify you of technical updates or changes in policy, or to contact you for our own marketing and promotional purposes, or to process contests, sweepstakes, or other promotions and fulfil any related awards or discounts. TrainAway uses Personally Identifiable Information for several general purposes:

Third Parties

We may disclose your Personally Identifiable Information to other companies or people under any of the following circumstances: to any applicable venue, studio, instructor, or other service provider for each class or activity that you sign up for on TrainAway, so it can contact you regarding the activity you reserved and send you other communication that may be of interest say as special offers (you may opt-out of marketing communications directly with the applicable venue). if sharing the information is reasonably necessary to provide or otherwise make available TrainAway and any feature of TrainAway or a service that you have requested. to keep you up to date on the latest product announcements, software updates, special offers, or other information we think you would like to hear about either from us or from our business partners (unless you have opted out of these types of communications). (Note that you will not be able to opt-out of service announcements that contain important information relevant to your use of TrainAway and are not promotional in nature.) if we believe in good faith that we are required to do so by law, in connection with litigation, to prevent a crime, or to protect personal property, the public, or TrainAway. in connection with a sale or merger with another entity, consolidation, restructuring, sale of company assets, financing or other corporate change, including during the course of any due diligence process or if TrainAway should ever file for bankruptcy or related proceeding. to your employer (or similar entity), if you participate in any of enterprise solutions or corporate programs. when we otherwise have your consent to share the information. TrainAway may also share non-Personally Identifiable Information with third parties (e.g. aggregate or demographic data).

Secure Information

It is important for us that your personal information is kept secure. We have strict security procedures for the collection, storage and transfer of personal data to prevent unauthorized access and to comply with applicable law. Our security is checked regularly. The information and data you provide to us is stored on our own or one of our business partners' secure servers within the EU. Your device encrypts your personal data you input before sending them on to us. We have taken necessary technical and organizational security measures to protect your Personal Identifiable Information against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law. We store and process your Personal Identifiable Information on IT systems with controlled and limited access. The systems are located on servers in secured premises. We uses industry standards such as firewalls and authentication protection to safeguard your Personal Identifiable Information. If you send Personal Identifiable Information by e-mail to us, you should be aware that sending is not sure if your email is not encrypted.

Correctness of data

The processing of your personal data will be organized so that the information can be updated when needed. Information that proves inaccurate or misleading will be promptly rectified or erased. You are responsible for providing us with information to help ensuring the correctness of your personal data.

Right of Access

Upon your written request, we will provide you with information on whether or not we process personal data concerning you. We will also provide you with information on 1) what information is processed, 2) the purposes, 3) the categories of recipients of the personal data and 4) available information about the source of the personal data. We will provide such information to you within 4 weeks from the date of receipt of your request. If we can not provide such information to you within the stated 4 weeks after the date of receipt of your request, we will provide you with information of the reason here for, and the time when the information is likely to be available.

Retention

We will retain your personal data for as long as we need it to provide you with TrainAway. If you delete your account with us or do not use your account with us during a period of one (1) year, we will automatically delete your personal data. Please note that: (1) there might be some latency in deleting this personal data from our servers and back-up storage; and (2) we may retain this personal data if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Deletion of Information

Your information (including Your Basic Information) may at any time be edited by you via the functionality created here fore on TrainAway. Your information will automatically be deleted three (3) years after you delete your account at TrainAway. Your account will automatically be deleted, if your account is inactive during a period of one (1) year.

Disclosure for legal reasons

We disclose personal data to companies, organizations or individuals outside of our group of companies if we believe in good faith that access, use, preservation or disclosure is necessary to: (1) comply with applicable law, regulation, legal process or enforceable governmental request, (2) enforce applicable use terms, including investigation of potential violations, (3) register, prevent or otherwise protect against address fraud, security or technical issues, or (4) indemnifying us, our users or the public's rights, property or safety, as required.

Public Posts

TrainAway may allow you to post or share content to a public area of TrainAway such as a public profile, group, community or other public area. You should be aware that any content or information you choose to disclose in these areas can be read, collected and used by other users, the general public and other Platforms (including search engines). We are not responsible for, and this Privacy Policy does not apply to, information you may choose to post in these areas.

Third Party Platforms

TrainAway may contain links to other platforms. We are not responsible for the privacy practices of such other platforms. We encourage our users to be aware when leaving TrainAway to read the privacy statements of each platform that collects Personally Identifiable Information.

Data Processor

We use third parties to perform the technical operation of TrainAway. Such third parties act as a data processor in relation to personal data and TrainAway is the data controller. Data processing is carried out within the European Union. Data processor act solely on our instructions. The data processor has taken the necessary technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against the unauthorized disclosure, abuse or other processing in violation of applicable law.

Cookies

We collect variously information about you in connection with the operation of TrainAway. We collect information about you and your use of TrainAway in two ways: Through the so-called 'cookies' and through registration and use of TrainAway. Cookies are small bits of information that TrainAway place on your computer's hard drive, on your tablet or on your smart phone. Cookies contain information that TrainAway use to streamline communication between you and your web browser. The cookie does not identify you as an individual user but identifies your computer. There are two types of cookies - session cookies and persistent cookies. Session cookies are bits of information that are deleted when you close your web browser. Persistent cookies are bits of information that are stored on your computer until they are deleted. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit TrainAway. TrainAway uses both temporary and persistent cookies. We use similar technologies that store and read information on the browser or device, which utilizes local units and local storage, such as HTML 5 cookies, Flash and other technologies. These technologies can work across your browsers. In some cases, the use of these technologies is not controlled by the browser but require special tools. We use these technologies to store information that is used to ensure the quality of reviews and to pick up irregularities in your use of TrainAway. A cookie can contain text, numbers, or example, a date, but there is no personal information contained in a cookie. It is not a program and can not contain viruses. When visiting TrainAway the first time, you will automatically receive a cookie. We use cookies to customize and create content and services that match your interests and desires. We also use cookies to demographic and user-related statistics, and thus determine who is visiting TrainAway. We record only anonymous information such as IP numbers, number of bytes sent and received, internet host time, browser type, version, and language, etc. We use cookies to statistics, ie: measuring traffic on TrainAway, including the number of visits to TrainAway, which domains visitors come from, which pages they look at on TrainAway and what general geographic area the user is in. To enhance the functionalities functionality: improve the functionality and optimize your experience of TrainAway and help you remember your username and password so you do not have to log in again when you return to TrainAway. Integratede with social media, i.e.: allow you to integrate with social media such as Facebook. Quality assurance: to ensure the quality of reviews and preventing fraud and irregularities in connection with writing reviews and apply TrainAway. Targeted marketing, i.e.: display specific marketing at TrainAway as we think you will find interesting. TrainAway provide access for its third party’s suppliers to inspect the contents of the cookies that are set by TrainAway. This information shall be used exclusively on behalf of TrainAway and must not be used for third party's own purposes. Our Website uses cookies from the following third parties: Google Analytics: for statistical purposes. You can refuse cookies set by Google Analytics by clicking here: http://tools.google.com/dlpage/gaoptout Facebook: made by Facebook. Twitter: set by Twitter if you interact with Twitter plugin or are already logged on to Twitter from another source for the purpose of interacting with them. Most browsers allow you to erase cookies from your hard drive, block all cookies or receive a warning before a cookie is stored. You must be aware that in such case services and features can not be used by you because they require cookies to remember choices you make. We hope that you will allow the cookies we set, as they help us improve TrainAway. You always have the option to delete cookies stored on your computer. How to delete cookies in Microsoft Internet Explorer https://support.microsoft.com/en-ae/help/278835/how-to-delete-cookie-files-in-internet-explorer How to delete cookies in Mozilla Firefox browser https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored How to delete cookies in Google Chrome browser https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en-GB How to delete cookies in Opera browser http://www.opera.com/help/tutorials/security/privacy/ How to delete flash cookies - applies to all browsers http://www.wikihow.com/Delete-Flash-Cookies TrainAway use Google Analytics to analyse how users use TrainAway. The information generated by the cookie about your use (traffic data, including your IP address) is transmitted to and stored on Google's servers in the United States. Google uses this information to evaluate your use of TrainAway, compiling reports on the activity of TrainAway and providing other services relating to the operation of TrainAway and internet use. Google may also transfer this information to third parties if required by law or if third parties process the information on Google's behalf. Google Analytics sets two types of cookies: (a) persistent cookie providing information on if the user is recurrent, where the user is coming from, which search engine is used, keywords, etc., and (b) session cookies that are used to show when and how long a user uses TrainAway. Session cookies expire after each session, that is, when you close your tab or browser. Google together is not processing your IP address with other data, Google holds. Most browsers allow you to erase cookies from Google Analytics. Read more about Google Analytics cookies. By using TrainAway you provide your consent to our use of cookies as described. If you no longer wish to consent to the use of cookies, deselect the cookies by modifying the settings in your browser.

Questions

If you have questions about this privacy policy or our treatment of Personal Identifiable Information, rectification or your relationship with us in general, please feel free to contact us at the following address: TrainAway ApS, VAT No. 38201824, Fiolstræde 30, 2., DK-1171 København, Denmark.

Changes

We may change our Privacy Policy at any given time. As an TrainAway account holder you should review our Privacy Policy regularly. Such changes shall come into force immediately. If you do not agree to the modified Privacy Policy, please stop using TrainAway. In the event of a conflict between these Privacy Policy and the modified terms, the modified terms shall apply. Your continued use of the Services provided by us after the date the modified terms are posted will constitute your acceptance of the modified Privacy Policy. If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the device id associated with your account) of any such deal and outline your choices in that event.

Supervision

The Danish Data Protection Agency, inter alia, supervises that the applicable national regulation on personal data are satisfied. The contact information for the Danish Data Protection Agency is: Datatilsynet Borgergade 28, 5 DK- 1300 København K T: 3319 3200 F: 3319 3218 E-mail: dt@datatilsynet.dk

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Terms of Use

Your use of the website www.TrainAway.fit ("Website"), the application TrainAway for Iphone and Android (“Applications”) and services associated therewith (the "Services") is subject to these Terms of Use. By entering the Website or using the Services, you agree to these Terms of Use. These Terms of Use also apply to updates, supplements, and any other services for the Website, Application and/or Services carried out by or on behalf of Provider, unless otherwise agreed in writing or unless other terms accompany such items. If so, those other terms apply. These Terms of Use also includes all regulations, policies and guidelines referenced in this document, or as we otherwise publish on the Website or on the Application, including: our Privacy Policy ("Privacy Policy"), which can be found on www.TrainAway.fit/privacy-policy or within the Applications. In case of discrepancies between the Privacy Policy and these Terms of Use, these Terms of Use shall prevail. If you do not want to be bound by these Terms of Use, you must immediately leave the Website and/or delete the Applications and cease using the Services.

Service Provider

Service provider is: TrainAway ApS VAT No. 38201824 Fiolstræde 30, 2. DK-1171 København Denmark (hereinafter referred to as ”Service Provider”)

Definitions

"Activation Period" shall mean 2 hours, 72 hours or 168 hours depending on the type of Pass you have acquired. "Contributions" shall mean any material, information, reviews or other communication you publish or make available to others on TrainAway. "Venues" shall mean fitness studios, gyms, trainers, venues or other third parties that partner with TrainAway. "Pass" shall mean your “ticket” to a specific Venue and can be in 3 forms “Valid”, “Active” and “Expired”. A Pass can be provided as a 1 Session Pass, 3 Days Pass or Week Pass. "1 Session Pass" shall mean access to a specific Venue and valid up to 2 hours after activation. "3 days Pass" shall mean access to a specific Venue for a period of 3 days and valid up to 72 hours after activation. "Week Pass" shall mean access to a specific Venue for a period of 1 (one) week and valid up to 168 hours after activation. "TrainAway" shall mean the Website, the Application and the Services.

Services

TrainAway is a pay as you go service that enables TrainAway members to access a wide range of Venues. TrainAway provides access to third party products and services only. TrainAway itself is not a gym, fitness studio or service provider and does not own, operate or control any of the classes, services or facilities at the gym, fitness studio, etc. We do not guarantee the availability of particular Venues, locations, classes or other inventory, and availability may change over time. The type, quantity, allocation and availability of Venues, classes, and other inventory offered are determined by a third party gym at its sole discretion. As such, we take no steps to release, promote and otherwise make available inventory at varying times and in an ongoing and evolving manner. The User undertakes to adhere at all times to the user rules for each Venue in which you may train. We undertake no responsibility for the User’s use of a Venue. Accordingly, we undertake no responsibility in respect of damage to or injuries on a User or its belongings or any damage to any Venue, irrespective of the cause of such damage.

Access

In order to access and make full use of TrainAway, you must create a profile and register as a user (hereinafter "Registered User"). You are only permitted to create one profile. The profile is personal and non- transferable to others. TrainAway may not be used for commercial purposes. To use your TrainAway pay as you go services you must have access to the Internet. We continually update and test various aspects of the TrainAway platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. To become a Registered User you must enter: A password. You must choose your password to be used with your user name when you log on to TrainAway. Alternatively, we will send the password to you. The password is personal and may not be transferred or otherwise made available to others. If you become aware that the password is or may be compromised, you are required to inform us immediately. We can and will change the password, if there is a risk that it is compromised or used in violation of these Terms of Use. During registration, you must enter a valid email. The user name can be displayed on TrainAway when you post or create Contribution to TrainAway. You represent that the email does not violate the rights (including intellectual property rights) of third parties and/or these Terms of Use. We may, at any time, without notice and without liability, delete, suspend or modify your profile if you are in breach of these Terms of Use or applicable law. It is not permitted to obtain or attempt to obtain access to parts of TrainAway which require user registration, if you are not a Registered User. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms of Use on behalf of such Subscribing Organization. Members taking classes or attending a gym are subject to the terms and conditions of individual Venues. Your participation in any activity, class or service is subject to the terms, policies, rules and conditions of the applicable Venue and you understand and agree that you may not be permitted to reserve or attend classes or services if you do not comply with such terms, policies, rules and conditions of the Venues. If you have questions about a Venue’s waiver or other terms, please see the applicable Venue’s website or contact the Venue directly.

Access to using TrainAway

As long as you are validly registered as a Registered User and have paid any applicable fees, we give you a limited, worldwide, non-exclusive license to use TrainAway from your own use. We reserve the right to discontinue TrainAway without notice. From time to time, we may restrict access to certain parts of TrainAway for users who are registered with us. You should treat your profile name, identification code, password or other information confidential and not disclose these to any third party. We have the right to disable any profile, identification code or password, without notice if you, in our view, do not comply with these Terms of Use. You are responsible for ensuring that all persons who access TrainAway through your account with us, are made aware of - and have accepted - the use of these Terms of Use, and that they comply with them. By giving your login information to others, you hereby warrant that such persons have the right to place orders and consent on your behalf and that you are responsible for any such orders and consent. You are responsible for ensuring that the username and password remains confidential and for any activity using your username and password. TrainAway shall not be liable if your profile is used by others. You can always change your username, password and preferences, and delete your profile. TrainAway can display content that does not belong to us. Responsibility for such content rests solely with the person who made it available to us. We always have the right to review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content if we reasonably believe that the content is illegal or violates our policies. This does not necessarily mean that we review content displayed on TrainAway. When you use TrainAway, you agree that we may send your service announcements, administrative messages and other information. You can opt out of some of these messages. TrainAway will periodically send out newsletters to users of TrainAway, who have created a profile and agreed to receive such news. You can unsubscribe these newsletters at any time by changing your profile or contacting us. Some of our Services are available on mobile devices. You may not use these services in a way that distracts you and prevents you from obeying traffic or safety laws. TrainAway is licensed, not sold. This means that these Terms of Use do not give you any ownership of TrainAway. You must at all times comply with any technical limitations in TrainAway, if they only allow you to use TrainAway in certain ways. You may not: break the technical limitations of TrainAway, improperly delete, de-compile, reverse engineer, reverse compile, modify, translate, or make any similar changes (except and only to the extent mandatory Danish law expressly allows this), sell, rent, lease, distribute, sublicense, transfer or lend TrainAway to third parties, remove, modify or add information of TrainAway 'copyright, trademarks and/or property rights (including information on physical media), or in any way for commercial purposes or in a un loyal way link (actively or passively) to TrainAway. Any rights not expressly granted are reserved.

Pass

The Pass is valid from the time it is issued by us and until 30 days from the date of issue. This means that the pass must be “Activated” and used before expiry. Following 30 days from the date of issue, the Pass will expire and shall no longer be valid. No refund will be issued. You can change Venue for a specific Pass by sending us an email to info@trainaway.fit specifying your name, email and your unique code to the Pass. You can only change the Venue for a specific Pass for as long as the Pass is valid, has not been activated and has not expired. When you want to use the Pass for a specific Venue, you need to activate the Pass. After activation, the Pass is valid during the applicable Activation Period. You must arrive at the venue and show the Pass during the applicable Activation Period. The active Pass can be shown using the functionality hereof in the Application. The Pass contain a unique code which allows us to identify the transaction as well as your name, the name of the Venue and the count-down of applicable Activation Period. You can only use TrainAway for the same Venue 8 times during a calendar year, unless otherwise specified by the Venue or TrainAway.

Regulatory Compliance

You shall, at your own expense, comply with all rules, regulations, regulatory decisions and orders of a public authority which apply to these Terms of Use. You must immediately report any suspected or actual problems, mistakes, inappropriateness’s etc. in writing to us. You are responsible for the content of Contributions and represent and warrant that the content of the Contributions, you publish on TrainAway is correct (where specified facts) and sincere (in case of attitudes). You must not post Contributions to TrainAway, which have marketing characteristics, or which are misleading, offensive, harmful, violates the rights of others, including intellectual property rights, are obscene, or illegal, or otherwise violate any applicable local, national or international law contrary to these Terms of Use, have a disloyal purposes and/or content or which cause injury (including computer viruses, Trojan horses, worms or other harmful software, data or action). If we receive notification or otherwise determine that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use, we can delete such Contributions without warning and we may - depending on the seriousness of the infringement character - inform any wronged party and/or authorities hereof. Our right to delete content is not subject to any justifications, although we will endeavour to inform the Registered User of the deletion and its rationale. You hereby grant us the right to initiate and perform any legal actions that we consider necessary in the event that a Contribution violates applicable laws, rights of third parties and/or these Terms of Use. You agree to indemnify us for any claims that may be asserted against us as a result of your violation of these Terms of Use or applicable law and for any claims or losses arising from third party claims against us. We may at any time request from you information about the Contribution, including documentation of the data included in the Contribution.

Abuse

You will not: introduce commercial communications (including spam) on TrainAway, collect users' content or information, or otherwise access TrainAway using automation, upload viruses or other malicious code, ask for someone else's login information or access someone else's account, bully, intimidate or harass other users, beat up content that: is hateful, threatening, or incite violence or contains gratuitous violence, use TrainAway to do anything unlawful, misleading, malicious, or discriminatory, publish, sell, rent, lease, distribute, sublicense, transmit, print or borrow information or data published on TrainAway, unless such data belongs to and concerns you, facilitate or encourage the violation of these Terms of Use or our policies. Contact info@trainaway.fit if you suspect misuse of your account or bank details via TrainAway. We do not cover losses on your account in excess of losses recoverable under mandatory applicable law.

Deactivating

You may at any time and without notice delete your account using the functionality here fore on TrainAway. If you choose to delete your account, you may at any time create a new account. We reserve the right to close your account if it has not been reactivated for a period of one year from the time it was de-activated. If you choose to delete your account, your account will be deleted as soon as possible thereafter. Any balance on your account with us will be non-refundable when the time for withdrawal (see below) has expired.

14-day withdrawal period

When you trade with TrainAway as a private client, you can cancel your purchase of a Pass until 14 days after the day your Pass is issued by TrainAway. However, once you have activated a Pass, such purchase becomes non-refundable as the purchase is considered consumed. If you withdraw from your purchase of a Pass, we will refund your balance within 14 days from the date we received your cancellation. However, you may be charged an administrative fee and subscription for the days it has been active. To exercise the right of withdrawal you must notify us of your decision to withdraw by an unequivocal statement, e.g. letter sent by email to info@trainaway.fit specifying your name, email and the unique code to the Pass that you wish to return. The deadline for withdrawal is met if you send your notice of withdrawal before the withdrawal period has expired. You will bear all costs of returning and you bear the risk of the product during the actual return. If you want a refund, the amount will generally be returned automatically to the payment card you originally used to pay the order. Alternatively we will contact you and ask for your bank information. We will then need the following information: (i) name of the bank, (ii) registration number (4 digits), (iii) account number (10 digits). Exception to the right of withdrawal: You cannot cancel an order which includes content if the delivery of this content is initiated by your request, e.g. by you activating a Pass, and you have acknowledged that you lose your right of withdrawal through delivery.

Age Restriction

To be eligible to register as a user of TrainAway, you must be at least 15 years old. You represent and warrant that you may enter into an agreement with us when you open an account with us.

Payment

If you create an account, and we require you to pay for the use of TrainAway, you agree to pay the appropriate fee ("Fee") for this. The fee includes all applicable taxes, unless otherwise indicated. Your TrainAway fee covers your access to eligible activities, classes or services as explained above. We reserve the right to change our policy for charging fees, to introduce additional fees (such as a sign up fee) and to change the amount of any such fees at any time. In addition to fees charged by us, some of the Venues may also charge equipment or other amenity fees that you will be responsible for paying in addition to the fees paid to us . Further, TrainAway only gives you access to the Venue you signed up on the TrainAway Website and Application (and at the specified time and location). The Venue may have additional fees for use of classes or spaces. You are also responsible for all third party charges and fees associated with connecting and using TrainAway, including fees such as internet service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access TrainAway. You will be required to use a specific payment method by use of credit card, debit card, PayPal or other payment methods stated by us. We can withdraw payment from your credit card, debit card, PayPal or other payment mechanism through a third party provider, subject to that party's terms of use, which shall be accepted separately by you. Once you have provided your credit card information to us we will charge you for any additional purchases using the same card or other payment method you have used, unless otherwise provided to us. Your obligation to pay for TrainAway will not be affected by any disruption, cessation or suspension of for any reason whatsoever. If we cancel your account as a result of violation of these Terms of Use, the fees that you have already paid for periods after the cancellation date will be forfeited and will not be refunded. From time to time we may make available gift cards for TrainAway, other types of promotions or promotional plans (including through the use of promotional codes or those provided as part of a third party promotions). Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, promotions and promotional plans are only available to new customers that have never had a TrainAway account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. In order to be eligible for certain promotions, you must be signed up to use TrainAway

Duration and Termination

We may cancel or deactivate your account or otherwise terminate or restrict your access to TrainAway immediately and without notice, and remove and discard any Contributions or content if you commit a material breach of these Terms of Use. We may at any time terminate your right to access and use TrainAway for any reason and without liability. If we do so, your right to access your account immediately ceases. This can happen despite ongoing subscriptions. These Terms of Use may, with prior written notice, be terminated by both parties in the event of a material breach by the other party, provided that in each case of an alleged violation the non-breaching party (a) notifies the other Party in writing of the breach, and (b) the defaulting party does not stop the breach within a period of thirty (30) days (or such other period as mutually agreed between the parties) of the receipt of such notice, or (c) in case of the other party's insolvency, bankruptcy or similar. Upon termination, you shall cease all use of TrainAway and destroy all copies, full or partial, of TrainAway. In the event of termination you must immediately cease using TrainAway, delete TrainAway, and stop using the Services. On the effective date of termination of any termination all of your rights under these Terms of Use shall cease. Upon termination all amounts you have committed yourself to paying to us become due and payable, whether the amounts fall due before or after the date of termination. All fees are non-cancellable and non-refundable. In the event of termination of these Terms of Use, you are not entitled to any compensation from us.

Changes to these Terms of Use

We may amend the Terms of Use from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms of Use. Your continued access to or use of TrainAway after such posting constitutes your consent to be bound by the Terms of Use, as amended. When using particular plans, offers, products, services or features, you will - in addition to these Terms of Use - also be subject to any additional posted guidelines or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into these Terms of Use, provided that in the event of any conflict between such additional terms and the Terms of Use, the Terms of Use shall prevail.

No warranty

You expressly acknowledge and agree that any use of TrainAway is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort lies with you. To the maximum extent permitted by applicable law, TrainAway and any Services performed or provided by TrainAway are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to TrainAway and any services, either express, implied or statutory. No oral or written information or advice given by us or our authorized representative shall constitute a warranty. We do not warrant that TrainAway will: achieve specific results; operate without interruption; display correct information about the User’s location and/or organization (since some information is received from third parties); be error free; be absolutely impenetrable for hackers willfully trying to gain access to your computer system; or fit a particular purpose.

Waiver and Release

You understand that TrainAway is not a gym or fitness studio or other service provider and the activities you use, classes you take or services you use are operated and delivered by the applicable Venue and not by us. Although we endeavour to offer inventory that is of high quality, we are not responsible for the quality of any class or service. You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend offer a range of activity and intensity level. You acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any class or service is appropriate for you. You also understand and agree that the Website offers health and fitness information that is designed for informational, educational and entertainment purposes only. The use of any of the information provided on the Website is solely at your own risk. To the fullest extent permitted by law, you release us, indemnify us, and hold us, our parent, subsidiaries or affiliated entities, and each of ourrespective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, harmless from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of TrainAway, including with respect to bodily injury, physical harm, illness, death or property damage.

Indemnification - Hold Harmless

You agree to indemnify and hold us, our affiliated companies, and our suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of TrainAway, violation of these Terms of Use, violation of the rights of any other person or entity, or any breach of your representations, warranties, and covenants set forth in these Terms of Use.

Support

TrainAway does not provide support to you unless otherwise agreed, not even within the normal opening hours.

Third Party Services; Third Party Materials

TrainAway may enable access to our and third party services and web sites (collectively and individually "Third Party Services"). Use of TrainAway may require your acceptance of additional Terms of Use of these Third Party Services. You agree to use TrainAway at your sole risk and we shall not have any liability herefore. TrainAway may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Service Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. You agree that TrainAway contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that TrainAway will not use such proprietary content, information or materials in any way whatsoever except for permitted use of TrainAway. No portion of TrainAway may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on TrainAway, in any manner, and you shall not exploit TrainAway in any unauthorized way. We make no representation that TrainAway is appropriate or available for use in any particular location. To the extent you choose to access TrainAway, you do so at your own initiative. We, and our licensors, reserve the right to change, suspend, remove, or disable access to TrainAway or part hereof at any time without notice. In no event will we be liable for the removal of or disabling of access to TrainAway. We may also impose limits on the use of or access to TrainAway, in any case and without notice or liability.

Limitation of Liability

To the extent not prohibited by law, we shall in no event be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss or reconstruction of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred Danish Kroner (DKK 500). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Ownership

Title to, ownership of, and all rights in the intellectual property in TrainAway, any derivative works thereof, and any goodwill accruing from the use of TrainAway, belong exclusively to and shall remain with Service Provider and/or its licensors. Title to, ownership of, and all rights in the intellectual property in TrainAway, any derivative works thereof, and any goodwill accruing from the use of TrainAway, belong exclusively to and shall remain with Service Provider and/or its licensors.

Consumer Complaints

If you experience errors or defects in TrainAway, please feel free to contact us at info@trainaway.fit so we can find a satisfactory solution. If it is not possible to find a solution, we are subject to the Consumer Complaints Act from 1 October 2015, subject to the following alternative dispute settlement body: Center for Complaint Resolution Competition and Consumer Authority Carl Jacobsen Vej 35 2500 Valby Consumer complaints can be provided to the Center for Complaint Resolution through the Competition and Consumer Authority's website on klagonline.forbrug.dk.

Miscellaneous

Order of Precedence. These Terms of Use for using TrainAway govern your use of TrainAway and supersede all prior agreements. Force majeure. Notwithstanding any contrary provision of these Terms of Use, neither Party will be liable for any action taken, or any failure to take any action required to be taken, in the event and to the extent that the taking of such action or such failure arises out of causes beyond a Party’s control, including, without limitation, war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labour, any law, decree, regulation or order of any government or governmental body (including any court or tribunal). Independent contractors. The Parties expressly agree that the relationship between them is that of you-independent contractor. Your personal data. You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and used applications, and peripherals that is gathered periodically to facilitate the provision of TrainAway, updates, support and other services to you (if any) related to the TrainAway. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. If you transfer any personal data to us, then you represent that (i) you are duly authorized to provide personal data to us and do so lawfully in compliance with relevant legislation, (ii) we can process such data for the purposes of performing our obligations and (iii) we may disclose such data to any cooperating partner for this purpose and may transfer such data to countries outside of the country of origin. Applicable law and choice of venue. These Terms of Use are governed by Danish law, except for Danish international private law. Any dispute arising out of these Terms of Use, including their validity, shall be settled by the Court of Copenhagen. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.

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