By accessing the YFC app, you agree to be bound by the stipulations set forth in the Terms and Conditions of Use, and all applicable laws and regulations. In addition, you are responsible for complying with any applicable local laws. If you do not agree with any of these terms, you may be prohibited from using or accessing partner gyms and/or studios in our app. The materials contained in this application are protected by applicable copyright and trademark laws.
YFC may amend the Terms and Conditions from time to time and from territory to territory as required by law and/or Internal company policy. All amendments will be effective immediately upon posting of such updated Terms and Conditions. Your continued access to or use of the Site or Classes after such posting constitutes your consent to be bound by the Terms, as amended.
In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms and Conditions, provided that in the event of any conflict between such additional terms and the Terms and Conditions, the Terms and Conditions shall control.
We may revise these Terms and Conditions from time to time in order to accommodate new features, services and functionalities of the App, Website and Services as well as to reflect changes in applicable laws. Such revised terms will apply from the date that we publish it. We advise that you visit this page on a regular basis to review these Terms and Conditions. If you continue to use the App, Website or Services after these Terms have been updated, you will be deemed to have accepted the revised Terms and Conditions. If you do not agree with the revised Terms and Conditions, you must stop using the App, Website and Services.
PAYMENTS AND SUBSCRIPTIONS DESCRIPTIONS
Gym Membership Subscription
1.1. Subscription is by default set to auto renew but you have the right to remove auto renewal at any point.
1.2. Subscriptions run for a full calendar month and are not refundable or transferable.
1.3. Subscriptions allow you gym access and access to free class at selected gyms that offer this service. Studio classes are payable separately.
Class Credits
2.1. Class credits are purchased in packs of credits as stated in the application.
2.2. Classes at different brands will have different values and these values are determined by the value each brand put on their classes.
2.3. Class Credits have no cash value outside of the application and is not refundable or transferable.
In App Store
3.1. Items in the store is marked available, out of stock, coming soon, new, sale etc based and determined by the vendor of these items.
3.2. Purchases of these items are final and any actions post the purchase of the items will be directly with the vendor themselves.
3.3. YFC takes no responsibility for the delivery or non-delivery of the items, nor the condition of the items after they have been delivered to you. All queries can be address in writing or communicated through the app to YFC and we will put you in contact with the vendor to resolve between yourselves.
3.4. All refunds and returns will be between you and the vendor of such items you want to return.
GYM MEMBERSHIP
The Membership gives you access to a wide range of facilities, activities and outlets operated by third parties (collectively “Gyms”). YFC does not own, operate or control any of the Services that are offered at or through such Gyms.
Some Gyms may require you to complete a Fitness Readiness Questionnaire on arrival for the first time.
Your Gym Membership subscription provides you with additional exclusive benefits that you will only be entitled to for as long as your subscription is active. These benefits can be changed/updated from time to time at foll discretion of YFC for any reason whatsoever.
Only adults of age 18 or above holding their own Membership can access the fitness facilities in any of the Gyms.
A Membership is valid for a single calendar month, unless your auto renewal is active, which will have your membership be active for as long as your subscription is renewed every month.
You are obliged to conduct yourself in a professional manner as set out by the terms and conditions of the Gyms that are available to you in the Gym Membership subscription.
Gyms have the right to block and/or suspend your access should you fail to stay within the term and conditions of said Gym. In such an event, YFC Is not liable to refund you your subscription for the current or any month’s subscription is which the Block or suspension was active.
SUBSCRIBING TO A GYM MEMBERSHIP
In order to purchase a Membership, you are required to sign up using the YFC app and provide all required information.
You agree that the information you provide at sign up or at any time throughout the period of your Membership is truthful, accurate, current and complete information about yourself.
You must provide a real and valid email and mobile phone number that belongs to you to subscribe to our Gym Membership service.
If you change your mobile phone number, email and/or address, you must update your information using the YFC App.
When subscribing you are required to create a password for your YFC account. You are solely responsible for all activity that occurs on your account, including any and all activity by unauthorized users.
Your Membership will be in effect from the date of receipt of your subscription fee or re-activation of a pre-existing Membership and received payment of the Subscription Fee.
TRANSFERING OR CANCELING OF A GYM MEMBERSHIP
All month-to-month and 3-month upfront YFC subscriptions are non-refundable.
For cancelation of 6-month or 12-month subscriptions only the following will be considered as reason for refund of the remaining period on the subscription:
2.1. All month-to-month and 3-month upfront YFC subscriptions are non-refundable.
2.2. Relocation to where YFC has no presence or access to a gym within its network.
2.3. Due to technical error where a subscription payment was taken in error by the system. This will be confirmed by the development team after a request was raised to ensure that there was indeed a technical fault. If not, you will be liable for the month subscription.
Subscriptions are by default on auto renewal and its your responsibility to deactivate it when you no longer wish to make use of the subscription.
Subscriptions are personal to a single user and cannot be transferred between different users.
If your auto renewal payment for the subscription fails, your account will immediately become a free use account and all additional benefits will cease to be available to you. Whatever benefits you collected during your valid subscription will remain available to you but you will no longer receive any new rewards/benefits that are exclusive to subscriptions of the Gym Membership.
FEES, BILLING AND PAYMENTS
Refund will be issued wherever there had been a double deduction due to system error. Should you claim a refund for double deduction you are required to provide details and proof of the additional deduction in order for the accounts team to accurately trace and confirm this deduction.
Subscriptions are paid month to month in full value upfront before receiving Gym Membership benefits.
Items bought in the store must be paid in full.
All payments are in Arab Emirate Dirham (“AED”) and can be paid by credit card, debit card and Crypto wallet.
Card payments will be made through a Payment portal in a tokenized manner, meaning YFC will not keep any of your card details on file and have no access to your card details.
The owner of the credit or debit card will be liable for any additional fees or charges applicable for any purchase or payment if required.
A record of transactions will be available in the history screen in your profile. In order to provide you access to this, YFC will keep your purchase record on file.
You may edit your payment details via the App.
YFC reserves the right to adjust pricing at any time, for any reason, including introducing new fees should it become a requirement or pre-requisite. Unless otherwise stated, adjustment to pricing of your subscription occurs on your next billing cycle upon notice communicated to you via the Website, App, email, text message, phone, mail or other means. If you do not terminate your subscription, you agree to the adjusted fees.
A subscription to Gym Membership offers you access to the partnering gyms. Should you not make use of this service, you will remain liable for the availability of this access until you cancel your subscription.
Should there be any increase in VAT, other sales or indirect taxes which may be due or introduced as a result of changes to Federal Law that are payable on payments under these Terms and Conditions, YFC reserves the right to collect these taxes from the User.
If we cannot charge your selected payment method for any reason (such as expiration or insufficient funds), your subscription will immediately end and be reverted to free use, removing any exclusive benefits you enjoyed during your subscription.
PERSONAL TRAINERS
All personal trainers listed in YFC are freelance Personal Trainers with no official affiliation to YFC.
All negotiations and conversations are affected between yourself and the Personal Trainer directly without any link to YFC.
YFC accepts not liability or responsibility for any interaction and conduct between the Personal Trainer and yourself. YFC serves purely as a listing platform for Personal Trainers to list their services.
ADDITIONAL TO PREVIOUSLY MENTIONED TERMS AND CONDITIONS
You are not allowed to threaten, harass or verbally abuse any YFC or partnering staff.
You are not allowed to act in a fraudulent manner by accessing a facility using someone else’s subscription, or by creating more than one account.
You are required to always conduct yourself in an appropriate manner and within the terms and conditions of the facility you are using.
You are not to make any unlawful, racist or sexist comments or engage in any distributive or destructive behaviour. Doing so will not only result in the permanent cancellation of your subscription but will also result in a permanent ban from all YFC platforms and activities.
Remove, misplace, or take property from partners, such as towels, robes, or fitness equipment.
In no way are you to behave in any way which brings the YFC name and brand into disrepute, or taints the image or reputation of the brand.
CHALLENGES
CHALLENGE TERMS AND CONDITIONS
Some sponsored challenges might request your contact details to be shared with the Sponsor in order to contact you regarding the prize they sponsored.
By entering a challenge, you consent to YFC providing the sponsors with your contact details. No personal details other than you name and contact number or email will be shared with the sponsor.
YFC retains the right to remove any participant in a challenge for any reason without justification or notification at any time.
Users cannot be eligible for prizes in consecutive challenges over a 30-day period in order to allow all users a fair opportunity to win. This means that if you won a challenge in January, you will not be eligible to win another challenge during the month of February.
Outcomes of challenges are final and not up for discussion or negotiation.
The leaderboards are updated on the last day at midnight, and if you open your app after the expiration of the time allocated to the challenge, any data that was not updated prior to the completion of the challenge will not be considered for the challenge. This means that if a challenge finished on 31 January 2023, and the last time you opened the app was 28 January 2023, and you open the app again on 2 February 2023, the data from 28-31 January 2023, will not be counted towards the challenge.
IN APP STORE
FITNESS EQUIPMENT DELIVERY GUIDELINES
Delivery appointment will be scheduled with the customer.
If the customer fails to notify delivery cancelation (24 hrs. prior to delivery schedule) & requests new delivery appointment then, the customer has to pay 10% of product value or AED 100 (For delivery within Dubai) & AED 200 (for Norther emirates & Abu Dhabi) as transportation/labor cost.
SHIPPING POLICY FOR FREE SHIPPING
Shipping is currently free. YFC retains the right to amend this should it become required to do so.
OUR SHIPPING PARTNERS IN UAE
ARAMEX, EMPOST, IMILE, CAREEM & our own in-house delivery service.
THIRD PARTY CONTENT
The YFC app uses both self-created content as well as content from Third Party providers. YFC accepts no responsibility for the legality, distribution or use rights of any content provided or utilized by third parties.
The In App store holds content that is pulled directly from third party vendors and as such YFC is not liable or responsible for any inaccurate images, descriptions or availability of items and/or services.
CONTENT OWNERSHIP
The App is owned and operated by YFC. All content, text, information, graphics, visual interfaces, design, images, audio, video, software, data compilations, page layout, underlying code and software and all other material, elements and data (“Content”) available through the App are provided by YFC are protected by intellectual property rights.
None of our, or any of our Partners, images, designs, logos and/or content may be used by you for any reason whatsoever. All of the above is subject to copyrights and are the intellectual property of its owner.
The names, images and logos identifying YFC or third parties, including our partners, and their products and services are subject to copyright, design rights and trademarks of YFC and/or the relevant third parties. Nothing contained in these Terms shall be construed as conferring any license or right to use any trade mark, design right, name or copyright of YFC or any other third party.
Without prejudice to any rights granted herein, YFC reserves the right to amend, edit or abbreviate or take down any content in the App or on the Website at our discretion.
LIMITATION OF LIABILITY
YFC will not be liable to you in respect to any injuries, damages and/or losses arising out of events beyond YFC’s reasonable control.
As a result of the use by you of our App and/or Services, YFC accepts no liability for any of the following:
2.1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
2.2. loss or corruption of any data, database or software.
2.3. any special, indirect or consequential loss or damage to real or tangible personal property.
2.4. losses suffered by third parties.
2.5. bodily injury or death of any person.
GOVERNING LAW AND JURISTICTION
These Terms, any non-contractual obligations arising out of or in connection with them and the arbitration agreement set forth in this Clause, are governed by and construed in accordance with DIFC law.
Any dispute (including non-contractual obligations) arising out of or in connection with these Terms including, without limitation, any dispute regarding the existence, formation, performance, interpretation, nullification, termination or invalidation of these Terms, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the DIFC-LCIA from time to time in force (the "Rules"), which Rules are deemed to be incorporated by reference into this Clause.For the purposes of any arbitration proceedings commenced pursuant to this Clause.
the arbitration shall be conducted by a sole arbitrator to be agreed between you and YFC or, in default of agreement, appointed by the President of the DIFC-LCIA Arbitration Centre or any person to whom the said President has from time to time delegated his power to make such appointments.
Article 6 of the Rules shall not apply and accordingly, the appointed sole arbitrator may be of the same nationality as you or a representative of YFC.
4.1. The seat (or legal place) of arbitration shall be the DIFC in the UAE.
4.2. The place at which the arbitration takes place shall be Dubai, UAE.
4.3. The language to be used in the arbitral proceedings shall be English.
4.4. You and YFC:
4.4.1 Will submit to the jurisdiction of any court of the DIFC for the ratification of any award made pursuant to this Clause.
4.4.2 Will not challenge any arbitral award made pursuant to arbitration proceedings conducted in accordance with this Clause.
4.4.3 Will not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings conducted in accordance with this Clause in any court and it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.