Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Update: 26th November 2018: New Customer Loyalty Discount
Welcome to GO Retrieve booking, payment and client management software for fitness professionals. By using any of our GO Retrieve products and/or packages, you are agreeing to our terms of service, which pertain to your legal rights and obligations. These terms are listed below for your convenience, and where applicable definitions are listed in Section 11 (Terms).
GO Retrieve provides a range of online management software designed to enhance the business of fitness professionals. Clients can access our software though the login link on our website or via one of our GO Retrieve mobile App’s.
These Terms of Service (“Agreement”) are effective (“Effective Date”) on either the date an individual or single legal entity (“you”) accepted this Agreement, by clicking an “I Agree” button, or through the submission of an order form, or the date that you started to use the software, whichever came first.
This Agreement applies to any use or access to GO Retrieve software packages, mobile applications, collectively referred to as “Services”, by either “you”, your employees, associates, or person/s acting on your behalf (collectively referred to as “Affiliates”) or any of your customers or clients (collectively referred to as “End Users”). By accessing or using any GO Retrieve service, or providing access to an affiliate, you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with the terms of this Agreement, you may not use or access any of the GO Retrieve Services.
The terms of this Agreement shall govern your use of any GO Retrieve Services, when using any of the GO Retrieve Services you are entering into a legal agreement confirming that you agree to all of these terms.
These terms of service (“Terms”) are a legal agreement (“Agreement”) between you, either as an individual or as a single legal entity (“You” or “you”), any of your Affiliates and GO Retrieve Ltd, which operates the GO Retrieve (“GO Retrieve”) online services available at www.goretrieve.com. (You and GO Retrieve each a “Party” and collectively the “Parties”).
These Terms govern your use of any GO Retrieve online services (“Services”), the GO Retrieve website and any subpages (“Site”), the client software distributed with this Agreement and any other software provided by GO Retrieve, including any updates and any accompanying written documentation (collectively the “Software”). The Software, the Site and the Services may be referred to as the “Products”. By clicking the “I AGREE” or similar button, or using any Products and or Services, you signify that you have read, understand, acknowledge, and agree to be bound by the Terms. If you do not agree to these Terms, then do not indicate acceptance and do not use the Products.
If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind that legal entity to these Terms. If, after your electronic acceptance of this Agreement, GO Retrieve finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. GO Retrieve shall not be liable for any loss or damage resulting from GO Retrieve’s reliance on any instruction, notice, document or communication reasonably believed by GO Retrieve to be genuine and originating from an authorised representative of your corporate entity.
If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, GO Retrieve reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorised by you.
Agreement. This Agreement is a biding legal agreement between you and the applicable GO Retrieve Service, as indicated in Section 10 (Miscellaneous).
1. Fees, refunds and Automatic Renewal Terms
1.1. You must register with GO Retrieve to use any of the Services supplied, you agree to keep your registration information complete, accurate and up-to-date for the duration of the time that you are using GO Retrieve. If GO Retrieve believe that the registration information is untrue, inaccurate, out-of-date, or incomplete, GO Retrieve reserves the right, in its sole and absolute discretion, to suspend or terminate your account.
1.2 By registering with GO Retrieve you agree to pay the fixed subscription and variable usage-based fees, if any, for the account type that you have selected and agree to all applicable restrictions. If you use a credit card for payment, you authorise GO Retrieve to automatically renew your subscription and charge the then-current renewal fees to the credit card associated with your account unless you notify GO Retrieve in advance of thirty (30) days that you do not want your subscription renewed. You may cancel your subscription at anytime and agree to a thirty (30) days notice period in which time you agree to continue to pay for your current service rate.
1.3 Discounts. Any discounts that are supplied to you for the use of any GO Retrieve Services will be honoured throughout the period specified upon entering into your discount period. Any discount supplied will be applicable to a continuation of use; any break in your subscription will terminate any agreed discount period.
1.4 Renewal. In order to ensure continuous Service GO Retrieve will automatically renew the applicable Service on a monthly basis, and will take payment from the payment method you have on file with GO Retrieve at GO Retrieve’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original Service period. If you do not wish for any services to automatically renew, you may elect to cancel renewal, in which case, your Service will continue for a period of thirty (30) days before being terminated. You agree to continue to pay for the thirty (30) day cancellation period at the rate of your subscription at the time of cancellation.
1.5 Refund. All payment obligations under this Agreement are non-cancellable and all fees paid are non-refundable. Unless otherwise stated on an Order form, fees must be paid in advance of each billing period.
1.6 Charges. Any amounts not received by the applicable due date may accrue late interest at 1.8% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by GO Retrieve within three (7) days after the applicable due date will be deemed a material default under this Agreement, and GO Retrieve will be entitled to either suspend the Services or terminate the Agreement.
1.7 Fees. Upon notice to you, GO Retrieve may increase any fees specified in an Order Form, provided the increase will not become effective until the expiration of the current Subscription Term. GO Retrieve may increase any fees that are not specified in an Order Form at any time, with or without notice to you.
1.8 Payment Errors. If you believe a payment has been processed in error, you must immediately contact GO Retrieve to avoid any future errors. All communication in relation to such errors must also be submitted in writing via electronic communication to email@example.com, or recorded delivery to GO Retrieve ltd, Accounts Dept. 3-4 Vaughan Parade, Torquay, Devon TQ2 5EG, within seven (7) days of your initial contact.
1.9 Taxes. Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all Taxes associated with purchases and transactions under this Agreement. If GO Retrieve is legally required to pay or collect any Taxes on your behalf, GO Retrieve will invoice you and you will pay the invoiced amount. For clarity, GO Retrieve will be solely responsible for taxes assessed on GO Retrieve based on its income.
2. Term & Termination
2.1 These terms, and any posted revisions, remain in effect as long as you continue to maintain a GO Retrieve account or use the Services. You may terminate your account at any time, for any reason, by following the instructions on the Site and discontinuing use of the Products. You agree to provide a thirty (30) day cancellation notice period and agree to continue to pay for the thirty (30) day cancellation period at the rate of your subscription at the time of cancellation.
2.2 GO Retrieve may terminate your account and these Terms immediately and without notice if you fail to renew your subscription, fail to pay any fees or invoices after ten (10) days when due, fail to use GO Retrieve to complete full payment against 80% of all bookings, or otherwise fail to comply with these Terms. On termination or expiration of your account or these Terms, you will no longer have the right to continue to use the Products, Software or Services. Also, you specifically agree that GO Retrieve has no obligation to provide you or anyone else with a copy of your data and may automatically purge your data from the GO Retrieve system/s.
3 Your Responsibilities
You are responsible for ensuring that you, your Affiliates and your End Users comply with the terms of this agreement and applicable laws.
3.1 Liability. You are responsible for all activity occurring under your account. You will ensure that your Affiliates and End Users comply with all of the provisions of this Agreement and any applicable laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use by Affiliates and End Users, and any act or omission of an Affiliate or End User that does not comply with this Agreement will be deemed a breach of this Agreement by you.
3.2 Data. You have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, is maintained and up-to-date, including those related to data privacy and transmission of personal data.
3.3 Unauthorised Access. You will prevent unauthorized access to, or use of, any of the Services that you are subscribed to. In the event of unauthorised access you will immediately notify GO Retrieve.
3.4 Network. You have the sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use any of the GO Retrieve Services.
3.5 Restrictions. You, your Affiliates and your End Users will not submit any infringing, obscene, defamatory, threatening, or otherwise tortious material to the Service. You, your Affiliates and your End Users will also not submit any malicious software, which includes, but is not limited to, the use of Virus, Worm, Trojan horse, Spyware or any other harmful computer code, files, script of other programs in an attempt to gain access to the Services or related systems in a manner not permitted by this agreement. You, your Affiliates and your End Users will not attempt to extract data from the system through the unlawful use of data mining, or any other means other than that specified in this agreement. You, your Affiliates and your End Users will not copy or use any part, or parts, of GO Retrieve Services or Products within any third party application or for development purposes.
4. Passwords & Security
You and your Affiliates are responsible for keeping your passwords secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You must notify GO Retrieve immediately of any unauthorised use of your accounts or any other security breach related to the Service. If GO Retrieve determines that a security breach has occurred or is likely to occur, GO Retrieve may suspend your accounts and require you to change your user names and passwords. GO Retrieve will not be liable for any loss you incur due to any unauthorised use of your account. However, you may be liable for any loss to GO Retrieve, or others, caused by your account, whether caused by you, or by an authorised person, or by an unauthorised person/s.
5. International Use
GO Retrieve makes no representation that the Content used within our website (www.goretrieve.com), Services is appropriate or available for use in locations outside of the United Kingdom. Access to GO Retrieve’s website, Services from countries or territories where such access is illegal or prohibited. Those who choose to access such services do so on their own initiative and are responsible for compliance with local law.
6. User Indemnity
You agree to defend, indemnify, and hold GO Retrieve, its suppliers, resellers, partners, and their respective affiliates harmless from and against any claims, liabilities, damages, losses and expenses, including legal fees and costs, in connection with:
a) Your, your Affiliates and your End Users use of the Products;
b) Your, your Affiliates and your End Users violation of these Terms;
c) Your, your Affiliates and your End Users violation of any third party right, including any intellectual property right; or
d) any claim that use of your, your Affiliates or your End Users data caused damage to a third party.
This indemnity obligation will survive the termination or expiration of your account and these Terms or your use of the services on your account.
WE PROVIDE THE PLATFORM FOR GO RETRIEVE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GO RETRIEVE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GO RETRIEVE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GO RETRIEVE OR ANYTHING RELATED TO GO RETRIEVE, YOU MAY CLOSE YOUR GO RETRIEVE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. GO RETRIEVE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GO RETRIEVE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON OUR WEBSITES OR THROUGH OUR PACKAGES AND OR MOBILE APPLICATIONS MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GO RETRIEVE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GO RETRIEVE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. GO RETRIEVE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GO RETRIEVE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GO RETRIEVE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF ANY GO RETRIEVE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
8. Limitation of Liability
IN NO EVENT SHALL GO RETRIEVE, ITS DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF ITS SERVICES (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE COMPANY WEBSITE (WWW. GORETRIEVE.COM), (C) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (E) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (F) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (G) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (H) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR OTHER MALICIOUS SOFTWARE/FILE/PROGRAM, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (I) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (J) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or any of the GO Retrieve Services found at this Site must be commenced within six (6) months after the cause of action accrues, otherwise such cause of action shall be permanently barred. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall GO RETRIEVE’S total aggregate liability exceed £1,000.00 GDP. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site,
10.1 Dispute Resolution. This agreement shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
10.2 Governing Law. It is the intention of the Parties to this Agreement that this Agreement and the performance under this agreement, and all suits and special proceedings under this Agreement, be constructed in accordance with and governed, to the exclusion of any other forum, by the laws of England and Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.
10.3 Dispute Resolution. In the event that you have a dispute with GO Retrieve, you agree to notify GO Retrieve in writing, either via your GO Retrieve registered company email or through recorded delivery of a letter, outlining a brief written description of the abuse along with your contact information. GO Retrieve will have (30) thirty days from the date of receipt to attempt to resolve the dispute to your reasonable satisfaction. If the dispute cannot be settled amicably within thirty (30) days from the date on which either Party has received the written notice, either Party may pursue resolution of the dispute in accordance with the arbitrated agreement below. If the dispute is not resolved following the above, then the dispute will be resolved through arbitration and not in court.
10.4 Arbitration Agreement. All deputes arising out of or related to this agreement, or any aspect of the relationship between you, or your affiliates, and GO Retrieve, whether based in contract, fraud, stature, tort, misrepresentation, or any other legal theory that are not resolved through our ‘Dispute Resolution’ process will be resolved through final and binding arbitration before a neutral arbitrator instead of in court, and GO Retrieve and you each hereby waive the right to trial by a jury. You agree that any arbitration under this agreement will take place on an individual basis, class arbitrations and class actions are not permitted and you agree to give up the ability to participate in a class action. The arbitration will be administered within, and governed by the laws of England and Wales. A successful party in an arbitration can bring an ‘action on the award’ at common law. This is an independent action, which is based on breach of the arbitration agreement due to the unsuccessful party being unable to honour the terms of the award. The general principles of contract law apply when using this as a means to enforce an arbitral award. For example, if a term of the arbitration agreement is breached in that the award sum made by the arbitrator has not been paid, the receiving party will be able to claim for breach of contract in respect of the non payment.
10.5 Entire Agreement. This Agreement, together with any Order Forms and applicable policies that are included within this Agreement by reference, including by reference to a specific URL, constitutes the entire agreement of the parties and replaces any prior agreement between you, or your affiliates, and GO Retrieve with respect to the subject matter addressed in this Agreement. In the event that a conflict should occur between an Order Form and this Agreement, the Order Form will control.
10.6 Waiver. No waiver hereunder may be granted except by written instrument signed by an appointed director of GO Retrieve. No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach, non-observance or by anything done or omitted to be done by another party.
10.7 Assignment of this Agreement. You may not transfer, delegate or assign this Agreement in whole or in part without the written approval of GO Retrieve. GO Retrieve may sublicense, transfer or assign rights or obligations under this Agreement without restriction.
10.8 Force Majeure. Other than for the delay in the payment of money due in association to this Agreement, neither party will be liable for any failure or delay in performance under this Agreement for causes that are beyond that Parties reasonable control and occurring without that Parties fault or negligence, including, but not limited to, acts of God, acts of government, fire, flood, civil unrest, acts of terror, strikes or other labour problems (other than those involving GO Retrieve or your employees, respectively), computer attacks, malicious cyber attacks on or through the Internet, any Internet Service Provider, Telecommunications or Hosting failures. Dates by which obligations are scheduled but not met will be extended to include lost time due to any delay caused.
10.9 Electronic communication. You agree to the use of electronic communication in order to place orders and enter into agreements, and to the electronic delivery of notices, policies, records and invoices initiated or completed through the Services. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or retention of non-electronic records to the extent permitted by the applicable law.
10.10 Relationship of the Parties. This Agreement does not in any way, and will not be constructed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between GO Retrieve and you.
10.11 Notices. GO Retrieve may deliver notices to you under this Agreement through its Services software or to the email address/es that we hold on file for your account. You hereby consent to receive any notice from GO Retrieve through the means as stated, all such notices will be deemed effective on either the business day that they were sent or on the first business day thereafter, whichever comes first. Except as otherwise specified within this Agreement, any notices to GO Retrieve under this Agreement must be delivered by first class recorded delivery to GO Retrieve Ltd, Attn: Customer Support Dept., 3-4 Vaughan Parade, Torquay, Devon, TQ2 5EG, with a copy to GO Retrieve Ltd, Attn: Legal Department, 3-4 Vaughan Parade, Torquay, Devon, TQ2 5EG. GO Retrieve can not be held liable for things that are out of our control, including, but not limited to, acts of God, acts of government, fire, flood, civil unrest, acts of terror, strikes or other labour problems (other than those involving GO Retrieve or your employees, respectively), computer attacks, malicious cyber attacks on or through the Internet, any Internet Service Provider, Telecommunications or Hosting failures.
11. Online Promotions
All promotional offers are subject to availability, can be changed or withdrawn without notice, and will be available for a limited period only. All promotions are subject to availability and based on standard monthly subscription prices. Promotional offers are for new subscriptions only and cannot be combined with other offers.
New Customer Loyalty Discount
Available to all new ‘Team package’ and ‘Pro Package’ subscribers who subscribe on or before 31st March 2019. The ‘New Customer Loyalty Discount’ automatically allocates a 20% discount from the standard subscription price only (excludes transaction rate) on all subscriptions subscribed to on or before 31st March 2019 for the unbroken lifetime duration of the subscription. All standard prices during the ‘New Customer Loyalty Discount’ period will be displayed with a line through on the GO Retrieve pricing page (https://www.goretrieve.com/pricing/), with the 20% discounted price clearly shown.
All standard terms are applicable to this promotion.
Affiliate: A person or persons that directly or indirectly controls, is controlled by, or is under common control with you, and has been designated to receive Services under this Agreement. Affiliates extends to include any of your business locations and/or Franchisees that have been designated to receive Services under this Agreement.
End User: A business or individual that interacts, schedules or purchases products and/or services from you through the use of a GO Retrieve Service.
Franchisee: Any party bound by a franchise agreement with you. Franchisees are bound by the terms of this Agreement as if they registered directly.
Order Form: A separate business document, with unique invoice number, that specifies Services, fee’s, tax, contact details and other terms as agreed to between the Parties.
PCI DSS: Payment Card Industry Data Security Standards, as detailed on https://www.pcisecuritystandards.org/.
Services: All software and mobile apps supplied by GO Retrieve for use by third party users.