Gymshark Guest WIFI Terms and Conditions (the “Terms”)

Before connecting to Gymshark Guest Wi-Fi (“GS WIFI”), please read these Terms carefully. By clicking “Connect” and using GS WIFI you acknowledge that you have read, understood and agree to all the Terms. We may make changes to these Terms from time to time, so we recommend that you review these each time you use GS WIFI. If you do not agree to these Terms, you must not use GS WIFI.

If you are under 18 years old, you need your parent’s / guardian’s consent before using GS WIFI. Where you are a parent / guardian consenting to the use of GS WIFI by a person under 18, you agree to assume all associated risks and liabilities arising from their use of it.

If anything is unclear in our Terms, please contact us at gymshark.com/contact or via the support section on the Gymshark app before accepting these Terms.

1. Using GS WIFI

1.1 How do I get it? GS WIFI is a free service, which you can connect to when on our premises, using a compatible phone or computer device with wireless LAN. We do not guarantee that GS WIFI is compatible with all devices, nor do we guarantee device connectivity, or uninterrupted access. We may suspend GS WIFI at any time, for any reason, in our sole discretion.

1.2 What can I use it for? GS WIFI is for consumer and private use only and should be used fairly for activities such as browsing the internet, instant messaging and using apps. You must not use GS WIFI for commercial purposes. Transferring large amounts of data (i.e. by downloading or sharing large files or streaming) uses up bandwidth and may reduce the speed at which other users can access it. If you do not use GS WIFI fairly, we reserve the right to restrict, suspend or withdraw your use of it. We may also restrict the amount of bandwidth available to users during busy periods to maintain good access for everyone.

1.3 Be Careful! Gymshark is not responsible for the content of websites you visit while using GS WIFI. We are also not responsible for the accuracy of any information or data obtained from the internet via GS WIFI. We may at our sole discretion restrict access to certain features and websites.

1.4 Be Secure. GS WIFI is not a secure network, and we are not responsible for the security of the information and data which you receive or transmit using GS WIFI. Do not use GS WIFI to transmit or receive any confidential information or data (such as bank details, passwords etc). Should you choose to do so you, this is entirely at your own risk. Gymshark is not responsible for any viruses, and you should use your own anti-virus software

1.5 If you purchase goods from Gymshark’s website, Gymshark’s Terms and Conditions of Sale will apply to the sales.

2. How we use your information

2.1 You will not need to provide any personal information to connect to GS WIFI; however details from the device you are using to connect to it will be recorded. Any activity you undertake on GS WIFI will be logged against your device details.

2.2 We use that data to monitor compliance with these Terms, to prevent and detect crime and to monitor usage of GS WIFI. We reserve the right to report on any activity undertaken on GS WIFI to relevant authorities and where necessary restrict or block access to a person, account, website or device.

2.3 This information will only be used in accordance with our Privacy Policy. By using GS WIFI you agree to Gymshark obtaining this information from you and using it in accordance with the Privacy Policy.

3. Our responsibility to you for loss or damage suffered by you

3.1 We are not responsible to you for foreseeable or unforeseeable loss and damage caused by us. We are not responsible for any loss or damage arising out of your use of GS WIFI whether if it was foreseeable or not. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

3.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the GS WIFI.

3.3 We are not liable for business losses. We only supply GS WIFI for private use. If you use it for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will also have no liability in relation to the accuracy, content, quality, completeness, fitness for purpose or legality of any information or services you get access to using the GS WIFI. We will also have no liability for material that you transmit or receive, or any failure to transmit or receive any material.

4. What are you not permitted to do on GS WIFI?

4.1 You agree not to use GS WIFI:

4.1.1 to carry out unlawful, illegal, fraudulent activity (or activity which has any unlawful or fraudulent purpose or effect) or is otherwise prohibited under any applicable law;

4.1.2 for any commercial purposes;

4.1.3 to send or post any computer viruses or any other harmful code or knowingly transmit any data, send or upload any material that contains viruses, worms, time-bombs, keystroke loggers, spyware, adware, trojan horses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

4.1.4 in a way which infringes the rights of any person (whether in breach of contract or confidentiality or intellectual property rights or otherwise);

4.1.5 in a way which causes the whole or part of GS WIFI to be interrupted, damaged, made less efficient, or impair the effectiveness or functionality of GS WIFI in anyway; or to post or transmit any content or material, which interferes with other users of GS WIFI;

4.1.6 for storing, sending, distributing, uploading or downloading any content or material which is defamatory, offensive or obscene, including material and/or content which harasses, threatens, abuses, menaces, offends, violates the privacy of, or incites violence or hatred against, any person or class of persons, or which could give rise to civil or criminal proceedings (or encourages conduct that would be a criminal offence or give rise to civil liability);

to or attempt to access, monitor or use any data, systems or networks, including another person's private data; or

to assist, encourage or permit any persons in engaging in any of the activities described in this section.

If you become aware of any such activities, you must immediately notify Gymshark (please contact us at gymshark.com/contact or via the support section on the app) and take all other reasonable actions to cause such activities to cease.

We reserve the right to terminate or restrict your access to GS WIFI, without advance notice, if we reasonably believe that you are misusing GS WIFI or are otherwise in breach of these Terms.

5. Other Important Terms

5.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

5.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

5.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

5.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason. The most up-to-date version of our terms will always be displayed on our website and/or our app so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website or our app.

5.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

5.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

5.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed and construed in accordance with the laws of the State of New York. State courts located in New York have exclusive jurisdiction to settle any disputes or claims arising out of or in connection to these Terms.

5.8 Gymshark USA Inc: A company incorporated in Delaware under company number 7520461 and whose registered office is at 38 Greene St, Floor 4, New York, NY, 10013.