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NearYou Public Website Terms

Last Updated: April 2017

 

Please read these terms and conditions (Terms) carefully before using the website operated by Beechwood Communications Limited (Company Number: 02990440) whose registered office is at 15 Mary Seacole Rd, The Millfields, Plymouth, Pl1 3JY (NearYou).

They contain important information about your rights and obligations in relation to:

a) the NearYou Services (defined below) accessible at the NearYou Website (defined below) and

b) the applications for mobile, tablet and other smart devices and application program interfaces (collectively, the NearYou Application (defined below).

You can print out these Terms by clicking on the print icon on your browser.

1. Introduction

1.1 NearYou provides an online platform that connects health and fitness providers including instructors, teachers, studios, gyms and clubs who have classes, workshops, events training courses, bootcamps and retreats, to list and book with members of the public seeking to book such activities, which services are accessible both at a) www.MyNearYou.com and any other NearYou websites and NearYou Services Providers websites through which NearYou makes such services available, and b) as an application for mobile, tablet and other smart devices and application program interfaces.

1.2 These Terms govern your access to and use of the NearYou Website, NearYou Services and the NearYou Application binding legal agreement between you and NearYou.

1.3 By clicking on the ‘I Accept’ box you agree to be legally bound by these Terms as they may be modified and posted on the NearYou Website or the NearYou Application from time to time. If NearYou modify these Terms, NearYou will provide you notice of the modification by email. Changes to the Terms will be effective at the time of posting. Your continued access or use of the NearYou Website, NearYou Application or NearYou Services will constitute acceptance of the modified Terms.

1.4 If you do not wish to be bound by these Terms then you may not engage with the NearYou Application or NearYou Services.

1.5 Please also read carefully our Privacy Policy at www.mynearyou.com/terms/privacy_policy.

2. Terms of Service

The NearYou Services are intended solely for persons who are 18 or older. Any access to or use of the NearYou Services by anyone under 18 is expressly prohibited. By accessing or using the NearYou Services you represent and warrant that you are 18 or older.

3. Accessing Near You

The NearYou Services are made available free of charge.

We do not guarantee that NearYou, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Near You Services without notice. We will not be liable to you if for any reason the Near You Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the NearYou Services.

You are also responsible for ensuring that all persons who access the NearYou Services through your internet connection are aware of these Terms and that they comply with them.

4. Service Providers Terms

4.1 By using the NearYou Services, you acknowledge and agree that any contract entered into by you with NearYou Services Providers and third parties shall be subject to the terms and conditions of such NearYou Services Providers and third parties. We are not responsible for and shall not intervene in relation to disputes you may have in relation to charges, prices, special offers, no show, quality of teaching and any other aspect of the relationship between you and NearYou Services Providers or third parties and you are required to contact those parties directly.

4.2 We accept no liability for any injury you suffer during an activity advertised on the Near You Website or made available via the NearYou Services and delivered by NearYou Services Providers, nor shall we accept any liability for any resulting compensation and shall not be under any obligation to give evidence in any legal proceedings between you and NearYou Services Providers or third parties.

4.3 Whilst we advise NearYou Services Providers as to their obligations in relation to insurance you acknowledge and agree that we have no means to monitor and enforce this or suspend NearYou Services Providers if they do not comply. All insurance obligations are a matter solely for the NearYou Services Providers.

5. How the NearYou Website, NearYou Application and NearYou Services work

5.1 You may view Listings as a Guest (defined below) and you can make a Booking (defined below) after you have been invited to activate MyNearYou.com.

5.2 We are not an owner or operator of properties used by NearYou Services Providers, including, but not limited to, gyms, studios, clubs, spas, or other venues where the NearYou Services Providers services are performed.

5.3 We are not responsible for the venues where the services provided by the NearYou Services Providers, are held.

5.4 Our responsibilities are limited to facilitating the availability of the NearYou Services.

6. Mynearyou.com account registration

6.1 In order to access the NearYou Services you must register to create a MyNearYou.com account.

6.2 You can also become a Member by logging into Third-Party Account (defined below). As part of the functionality of the NearYou Services, you may link your MyNearYou.com account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to us through the NearYou Services; or (ii) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

6.3 You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of such Third-Party Account.

6.4 By granting us access to any Third-Party Accounts, you understand that NearYou will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the NearYou Services via your MyNearYou.com account and profile page.

6.5 Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through MyNearYou.com.

6.6 Please note that if a Third-Party Account or associated NearYou Services becomes unavailable or our access to such Third-Party Account is terminated by the NearYou Services Provider, then SNS Content will no longer be available on and through the NearYou Services. You have the ability to disable the connection between MyNearYou.com and your Third-Party Accounts, at any time, by accessing the “Settings” section of the NearYou Website and NearYou Application.

6.7 We make no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and we are not responsible for any SNS Content.

6.8 Your MyNearYou.com account and your MyNearYou.com account profile page will be created for your use of the NearYou Services based upon the personal information you provide to us or that we obtain via an social network service as described above.

6.9 You may not have more than one (1) active MyNearYou.com account.

6.10 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your MyNearYou.com account and your access to the NearYou Services if you create more than one (1) MyNearYou.com account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.

6.11 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

6.12 Unless expressly authorised by a specific feature on NearYou, you are not permitted to share your MyNearYou.com account with anyone or allow others to access or use your MyNearYou.com account. We may enable features, in our discretion. You agree that you will take sole responsibility for any activities or actions under your MyNearYou.com account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your MyNearYou.com account.

7. Bookings payments and modifications

7.1 The NearYou Services Providers are solely responsible for honouring any Bookings and making available any services reserved through the NearYou Services. If you, as a Guest or Member, choose to enter into a transaction with NearYou Services Providers, you agree and understand that you will be entering into an agreement with the NearYou Services Providers and you agree to accept any terms, conditions, rules and restrictions associated with services provided by the NearYou Services Providers. You acknowledge and agree that the NearYou Services Providers, are solely responsible for performing the obligations of any such agreements, that NearYou is not a party to such agreements, and disclaims all liability arising from or related to any such agreements.

7.2 When Guests and Members make a Booking and pay the Total Price (including the NearYou Services fee) the payment for the services will be paid direct to the NearYou Services Provider. Any changes or issues should be directed to the NearYou Services Provider. Contact details of the NearYou Services Providers can be found on your booking confirmation, in the Me section of applications or by login into MyNearYou.com.

7.3 The booking fee visible on the final payment checkout page prior to placing the Booking is collected by us and is non-refundable.

7.4 Once your confirmed Booking transaction is complete you will receive a confirmation communication summarising your confirmed Booking.

8. Nearyou services fees and other fees

In consideration for the use of the NearYou Services, we charge the NearYou Services Fees. Payments for NearYou Services are remitted direct to the NearYou Services Providers less applicable NearYou Services fees.

9. Bookings outside nearyou

If you make a Booking and payments for NearYou Services to NearYou Services Providers outside the NearYou Website you acknowledge and agree that you: accept all risks and responsibility for such payment, and (iii) indemnify us from any liability for such payment.

10. Booking modifications and cancellations

If, as a Member, if you wish to cancel a Booking, the cancellation policy of the NearYou Services Providers will apply to such cancellation. Booking modifications can only be made via NearYou Services Providers and with their agreement and subject to their terms. You agree to pay any fees charged by the NearYou Services Providers and NearYou Services Fees associated with such. You accept that Near You accepts no liability for any such changes to a Booking.

11. No reliance on information

The content on the NearYou Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on the NearYou Website, we make no representations, warranties or guarantees, whether express or implied, that the content on NearYou Website is accurate, complete or up-to-date.

12. User conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the NearYou Services. You may not and you agree that you will not:

12.1 use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages in the NearYou Website;

12.2 access or use the NearYou Services to use, expose, or allow to be used or exposed, any content: (i) that is not publicly displayed by us in our search results pages or Listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the NearYou Privacy Policy or these Terms; or (iii) in any way that otherwise infringes the privacy rights or any other rights of NearYou users or any other third party;

12.3 use the NearYou Services for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;

12.4 use the NearYou Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

12.5 register for more than one MyNearYou.com account or register for a MyNearYou.com account on behalf of an individual other than yourself;

12.6 contact a NearYou Services Provider for any purpose other than asking a question related to a Booking;

12.7 recruit or otherwise solicit any other Member to join third-party services or websites that are competitive to the NearYou Services;

12.8 recruit or otherwise solicit any Member to join third-party NearYou Servicess, applications or websites, without our prior written approval;

12.9 impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

12.10 use automated scripts to collect information from or otherwise interact with the NearYou Services;

12.11 use, display, mirror or frame the NearYou Website, or any individual element, or the layout and design of any page or form contained on a page in the NearYou Website, NearYou's name, any NearYou trademark, logo or other proprietary information, without our express written consent;

12.12 we have the right to investigate and prosecute infringements of any of the above to the fullest extent of the law. In addition, and as set in these Terms, we may take a range of actions against you, including but not limited to removing or disabling access to your MyNearYou.com account.

13. Claims

Guests, Members and NearYou Services Providers agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us, in connection with any damage claims or other complaints or claims made by Guests and Members relating to the NearYou Services, NearYou Services Providers or with respect to any investigation undertaken by us or a representative of ours regarding use or abuse of the NearYou Services.

14. Reporting misconduct

If you book services with a NearYou Services Provider who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

You can report misconduct here.

15. Intellectual property rights

15.1 Near You ® is a UK registered trademark of Beechwood Communications Limited.

15.2 We are the owner or the licensee of all intellectual property rights in NearYou Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

15.3 You may print off one copy, and may download extracts, of any page(s) from the NearYou Website for your personal use and you may draw the attention of others within your organisation to content posted on the NearYou Website.

15.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

15.5 Our status (and that of any identified contributors such as NearYou Services Providers featured on the Near You Website) as the authors of content on the Near You Website must always be acknowledged.

15.6 You must not use any part of the content on the NearYou Website for commercial purposes without obtaining a licence to do so from us or our licensors.

15.7 If you print off, copy or download any part of the NearYou Website in breach of these terms of use, your right to use the NearYou Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

16. Nearyou application licence

Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install a copy of the NearYou Application on each mobile device or computer that you own or control and run such copy of the NearYou Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of NearYou Services. We reserve all rights in the NearYou Application not expressly granted to you by these Terms.

17. Nearyou website content and member content licence

17.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license, to (i) access and view any NearYou Services Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

17.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the NearYou Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

18. Linking to Near You Website

18.1 You must not establish a link with the NearYou Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

18.2 The NearYou Website must not be framed on any other site.

18.3 We reserve the right to withdraw linking permission without notice.

19. Third party links and resources in Near You®

19.1 Where the NearYou Website contains links to other sites and resources provided by third parties including those of NearYou Services Providers, these links are provided for your information only. We have no control over the contents of those sites or resources.

19.2 The NearYou Services implement Google Maps mapping API services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

20. Feedback and reviews

20.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the NearYou Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the NearYou Website and NearYou Application, or by other means of communication.

Contact us here

20.2 We operate a Review NearYou Services through FeeFo an independent third party supplier. This service is licensed to us and is not transferable. The NearYou Services and API(s) are subject to FeeFo licences and their terms of use. REVIEWS appear on NearYou applications,

20.3 Reviews are only available to Guests and Members who have used NearYou Services and attended services with a NearYou Services Provider. Reviews appear on the NearYou Website(s) and NearYou Application automatically.

20.4 You have the option to leave a review. Your name will appear unless you use the ‘Trusted Customer’ option on the NearYou Website or NearYou Application.

20.5 We may reply to reviews and they will appear alongside any review you have submitted. We have the right to remove reviews if they are deemed to be inaccurate, offensive, declamatory or are contain offensive content without notification.

20.6 Any reviews submitted become our intellectual property. You agree that we may use your review by making available on or through the NearYou Services, or through our promotional campaigns. You hereby grant to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such reviews on, through, by means of or to promote or market the NearYou Services.

21. Termination, suspension and other measures

21.1 You may terminate these Terms and your MyNearYou.com at any time via the “CANCEL ACCOUNT” feature on the NearYou Website. If you cancel your MyNearYou.com you will no longer be able to access your account details and NearYou Services or NearYou Services Providers via the NearYou Services. You should download or print any Bookings you have made and record your NearYou Services Providers name, contact information and any confirmed Bookings.

21.2 Members can cancel this agreement and account by login into MyMyNearYou.com account here.

21.3 NearYou Services Providers may cancel an account and subject to the NearYou Services Providers agreement. You can view the NearYou Services Providers agreement here.

21.4 We may suspend or terminate your MyNearYou.com or cease providing you with all or part of the NearYou Services at any time for any reason, including, but not limited to, if we reasonably believe you have infringed these Terms.

21.5 On termination of these Terms for any reason:

  • all licences granted under these Terms shall immediately terminate;
  • we may destroy, otherwise dispose or use as it sees fit of any of your Data in its possession unless we receive, no later than ten days after the effective date of the termination of these Terms, a written request for the delivery to you of the then most recent back-up of your Data. We shall use reasonable commercial endeavours to deliver the back-up to you within 30 days of its receipt of such a written request. You shall pay all reasonable expenses incurred by us in returning or disposing of your Data; and
  • you may not register a new MyNearYou.com account or attempt to access and use the NearYou Website, NearYou Application and NearYou Services through other MyNearYou.com accounts.
  • the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced.

22 Force majeure

We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Near You or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of ours or sub-contractors, provided that you are notified of such an event and its expected duration.

23 Waiver

A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

24 SEVERENCE

24.1 If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

24.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

25 YOUR DATA

25.1 We shall have the right to use your Data only in accordance with the Near You Privacy Policy (add URL link) or such other website address as may be notified to you from time to time.

25.2 We process your personal data purely for the purpose of providing the NearYou Services. We shall be a data processor and we will process your personal data only in accordance with these Terms and any lawful instructions reasonably given by you from time to time; and we will take appropriate technical and organisational measures against unauthorised or unlawful processing of your personal data or its accidental loss, destruction or damage.

26. Limitation of our liability

26.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

26.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to us or any content on the NearYou Website, whether express or implied.

26.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the NearYou Services; or
  • use of or reliance on any content displayed on the NearYou Website.
  • If you are a business user, please note that in particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

26.4 Please note that we only provide the Near You Services for domestic and private use. You agree not to use the Near You Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

26.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Near You Website or to your downloading of any content on it, or on any website linked to it.

27. Uploading content to Near You Website

27.1 Whenever you make use of a feature that allows you to upload content to the NearYou Website, or to make contact with other users of the NearYou Services, You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

27.2 Any content you upload to the NearYou Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the NearYou Services a limited licence to use, store and copy that content and to distribute and make it available to third parties.

27.3 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the NearYou Services.

27.4 The views expressed by other users of the Near You Services do not represent our views or values.

28. Accessing and downloading the nearyou application from Itunes

Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

29. Entire agreement

29.1 These Terms, and any documents referred to in them, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us relating to the subject matter they cover.

29.2 You acknowledge and agree that in entering into these Terms you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) other than as expressly set out in these Terms.

30. Assignment

30.1 You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms.

30.2 Near You may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

31. Notices

31.1 Any notice required to be given under these Terms shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in these Terms, or such other address as may have been notified by that party for such purposes.

31.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first Business Day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.

32. Controlling law and jurisdiction

32.1 These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.

32.2 The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

33. Dispute resolution

33.1 If you reside in the United States, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the NearYou Services (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or infringement of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

34 Interpretation

The definitions and rules of interpretation in this clause apply in these Terms.

Booking: a pre-paid purchase of a class, event, workshop, or bootcamp or any NearYou Services or services provided by NearYou Services Providers after you have chosen to activate a MyNearYou.com account.

Business Day: any day which is not a Saturday, Sunday or public holiday in the UK.

Content: text, graphics, images, music, software (excluding the NearYou Application), audio, video, information or other materials.

Data: the data in whatever form (including personal data) inputted by you, or us on your behalf for the purpose of using the NearYou Services.

Effective Date: the date you click to accept these Terms.

Guests: unregistered visitors to the NearYou Website, or request NearYou Services from a NearYou Services Providers or make a Booking and who have not activated a MyNearYou.com account.

Listing: classes, workshops, events, training courses, bootcamps and retreats that is listed by a NearYou Services Provider as available for Booking via the NearYou Services.

Member: a person who completes a MyNearYou.com account registration process.

MyNearYou.com: the account where you become a Member and can view your activities within the NearYou Services and see NearYou Services Providers.

NearYou Application: the NearYou proprietary application for mobile, tablet and other smart devices and application program interfaces, through which the NearYou Services may also be accessed.

NearYou Content: all Content that NearYou makes available through the NearYou Website, NearYou Application, NearYou Services, or our related promotional campaigns and official social media channels, including any Content licensed from a third party.

Normal Business Hours: 8.00 am to 6.00 pm GMT, each Business Day.

NearYou Services Fees: means the fee that NearYou charges a Guest or Member for the use of the NearYou Services, which is calculated as a percentage of the price of the NearYou Services Providers. The NearYou Services Fees are displayed when making a Booking and on your order confirmation.

NearYou Services Provider(s): a business who provides services via the NearYou Website or NearYou Application.

NearYou Services: the online platform which connects health and fitness providers including instructors, teachers, studios, gyms and clubs who have classes, workshops, events training courses, bootcamps and retreats, to list and book with members of the public seeking to book such activities, and provided by us to you under these Terms via the NearYou Website and the NearYou Application, or any other website notified to you by us from time to time, and including the Software, SMS, APIs, applications, buttons, and software, email notifications, customer enquiries, and any information, text, graphics, photos, videos or other materials uploaded, downloaded, transmitted or appearing.

NearYou Website: the website at www.MyNearYou.com and such other websites as may be notified by us.

Software: the online software applications developed and owned by us and provided by us to enable access to the NearYou Services.

Third Party Account: your account with certain third-party social networking sites including, but not limited to, Facebook; Twitter, Google+ where you can also become a Member via the NearYou Services.

Viruses: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications NearYou Services, equipment or network or any other NearYou Services or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

© Beechwood Communications Ltd 2017