Please read the following notification properly before using the Website, True Gym App (as both defined in the Purchase Agreement) and / or entering into Purchase Agreement (hereinafter referred to as the “PA”). This notice applies to all persons who are using the Website, True Gym App and / or are entering into the PA. Please note this document may be changed or updated.
The Website is carried out by TG IT s.r.o., with registered seat: Nové sady 988/2, Staré Brno, 602 00 Brno, ID No.: 07035802, a company incorporated and existing under the laws of Czech Republic (hereinafter referred to as the “Company”). The Company also draws your attention, that the document named “True Gym Whitepaper” (hereinafter referred to as the “Whitepaper”) accessible through the website www.truegym.io (website www.truegym.io as well as other websites related to and/or derived from this domain or domain truegym.cz hereinafter collectively referred to as the “Website”) does not constitute any relations between you (hereinafter referred to as “you”, the “User” or the “Contributor”) and the Company. In case that you do not understand or disagree with any part of this Disclaimer, Whitepaper or PA, please stop using the Website and do not enter into any relationship with the Company.
Before using the Website, True Gym App and / or entering into PA read carefully all the information set out in this Disclaimer, Whitepaper or PA and ensure that you are aware of all potential risks and carefully consider and evaluate all risks associated with the legal framework as described in the PA, as well as with the respective business activities of the Company.
You acknowledge and are fully aware that the Website as well as the True Gym App are under continuous modifications and may go through certain changes perpetually. It is your responsibility to follow the Website and check on updates unless otherwise agreed.
While using the Website and True Gym App you acknowledge that you have read all conditions of use, understand them, and fully agree to be unconditionally bound by them.
You acknowledge that Company will strive to ensure the accuracy of the information listed on the Website and Whitepaper although it will not hold any responsibility for any missing or wrong information. The Company provides all information as is. You understand that you are using any and all information available here at your own risk.
The Company shall take no responsibility for any errors that may appear in PA, Whitepaper, Website and any other Company‘s related documents. In no event shall Company be liable for incidental or consequential damages arising from the use of PA, Whitepaper, Website and any other Company‘s related documents.
All information provided by the Company nor the Company Representatives nor any other person regarding the Company and/or ICO project and all related information have the nature of forward-looking statements. Neither the Company nor the Company Representatives nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of the Company will be as provided in any forward-looking statements. The actual results, performance or achievements of the Company may differ materially from those anticipated in the forward-looking statements. Any kind of negative publicity may materially and adversely affect the business results of the Company.
You acknowledge and are fully aware of the fact that your participation in the “ICO project”, which means entering into an PA with the Company as described in the PA may lead to full loss of your contribution under the circumstances predicted by the relevant laws or by the PA. Furthermore, you are fully aware of the fact and accept, that any results reached in the past do not guarantee future profits.
We strongly recommend you to seek out an independent financial, tax and legal advice before engaging in any sort of business endeavour with the Company.
The Company does not accept any responsibility for any damage or loss resulting from any use of the Website, True Gym App or True Gym Coins (as defined in the PA). You assume all liability and risk for such activities.
You shall not have any claim of any nature whatsoever against the Company for any damage or loss ensuing from any of your activity activity associated with the use of the Website, True Gym App or True Gym Coins. The Company is not obliged to compensate any damage or loss ensuing from any your activity associated with the use of the Website, True Gym App or True Gym Coins.
The Company’s aggregate liability arising out of or related to the PA, whether arising out of or related to breach of contract, tort or otherwise, shall not exceed the total of the amounts paid by you to the Company pursuant to the PA or any other accompanying documents. Neither the Company nor its representatives shall be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of the PA or any other accompanying documents.
Only the Company is bound by all juridical acts towards third persons. You are neither entitled, nor obliged to act in representation of the Company, or even perform any activity beyond the fulfilment of the obligations ensuing from the PA or any accompanying documents.
PA, Whitepaper, Website and any other related documents, and parts thereof must not be reproduced or copied without Company’s written permission nor be used for any unauthorized purpose. Contravention will be prosecuted.
The Company shall not be held liable to and shall not accept any liability particularly for:
- any unauthorized or illegal use of the Website, True Gym App or True Gym Coins,
- any hacker attacks to the Website, True Gym App or any resources which are related to the Website, True Gym App or True Gym Coins,
- any act of any state or government, especially for any regulatory action imposed,
- any delay in securing any permit, consent or approval required by the Company,
- any information on the Website or in the True Gym App in case such information is not free of errors or is inaccurate,
- the Website or True Gym App in case that the server or service is not free of viruses or other detrimental elements,
- any possible interruption of functionality or traffic of the Website or True Gym App;
- any loss or damage of any kind whatsoever arising from reliance on any information contained in the PA or any accompanying documents or from any misunderstanding, mistake or inaccuracy in information contained in such documents.
To the extent allowable under the applicable laws, you and/or any User shall indemnify, defend, and hold the Company and / or its subsidiaries, affiliated parties, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and / or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed / incurred by any third party against the Company arising out of a breach of any warranty, representation, or obligation hereunder.
You and/or any User shall not have any claim of any nature whatsoever against the Company for any failure by the Company to carry out any of obligations of the Company as a result of causes beyond control of the Company, including but not limited to any strike, lockout, shortage of labour or materials, delays in transport, hacker attacks on the website or any resources which have any relation to the ICO project as described in the PA or to the PA itself, accidents of any kind, any default or delay by any sub-contractor or supplier of the Company, riot, political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by the Company, for the supply of products under any authority or any other cause whatsoever beyond absolute and direct control of the Company.
You acknowledge that Company is not obliged to provide a refund or other compensation for any reason, especially for any True Gym Coins which remains unused for any reason. The holder of True Gym Coins is not entitled to any form of dividend. True Gym Coins are in its nature “vouchers” which only entitle their holders to certain rights under the PA. True Gym Coins as well as the PA are not intended to constitute securities in any jurisdiction, yet you acknowledge and undertake to consider before entering into the PA whether or not it may constitute security pursuant to the security laws in your jurisdiction and/or any jurisdiction which you are subject to (e.g. citizens or tax residents of the United States of America, etc.).
The Company makes no warranty whatsoever with respect to the True Gym Coins, including any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (c) warranty of title; or (iii) warranty against infringement of intellectual property rights of a third party; whether arising by law, course of dealing, course of performance, usage of trade, or otherwise.
In no way shall the PA or any accompanying documents entitle any you and/or any User to use of any intellectual property accessible via the Website or provided to you in connection to the use of the Website and or to the ICO project (especially related to the Website, True Gym App or True Gym Coins) other than basic use of such IP rights to the extent for the purposes predicted by the Website, PA or other relevant documents.
You understand that the Company does not act as a tax agent of User; you and any User shall carry their tax obligations solely under the applicable laws of the country and location they reside in.
Under no circumstance has the Company a duty to enter into PA or any other contractual relationship with any subject. The Company has the right to refuse any payment.
This Disclaimer was created and last updated on 29th July 2018.
PERSONAL DATA AND CONTRIBUTOR IDENTIFICATION
- Contributor acknowledges that he / she / it is obliged to provide the Company with his / her / its Personal data (in Agreement, etc.) accurately and truthfully. Contributor is further obliged to inform the Company on any change regarding the previously provided Personal data.
- Personal data shall be processed for a limited period of time, in particular for the duration of the Agreement. Some of the Personal data may be processed for longer period of time due to the legitimate interest (statutory limitation period) of the Company or due to the applicable laws (law on VAT, accounting etc.) Personal data will be processed electronically in an automated method or in a printed form in a non- automated method.
- All information provided by the Parties in connection with the negotiation of the conclusion of the Agreement and upon the conclusion of the Agreement and all information provided in the performance of the Agreement shall be treated as confidential unless it is agreed otherwise in writing.
- In accordance with the applicable law the Contributor may require an access to his / her / its Personal data, which the Company, as a controller of personal data, processes, the right for rectification, erasure or transferability, right to lodge a complaint and right to require the restriction of the processing.