Terms & Conditions
- Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and GRAFTISM INVEST LTD (we, us), concerning your access to and use of the GRAFTISM INVEST LTD (https://graftisminvest.com) website as well as any related applications (the Site). If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
GRAFTISM INVEST LTD is a franchise operated business. Franchiseesare responsible for the management and operation of each gym franchise partnership. By using the Service offered through this Website, you are bound by the terms and conditions as set out below.
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes. We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.1. Definitions
“Applicants” means any person who submits his/her/its details on the Website with a view to negotiating the terms of a new Franchise.
“Franchise” means an agreement to operate a franchise in respect of services, the proprietary rights to which are owned or otherwise controlled by the Franchise Owners.
“Franchisee” means an individual or company that holds a franchise with GRAFTISM INVEST LTD for the operation of a gym franchise services.
“GRAFTISM INVEST LTD Franchise”, (“us”, “we”, “our” and “ours”) means GRAFTISM INVEST LTD, registered in England and Wales.
“Registration” means the details that you provide when you register for the Service;
“Service” means any procedure or service that is provided by GRAFTISM INVEST LTD to Franchisee, which includes, but is not limited to the gym franchise business, information, services and products provided through the Website, or by telephone or email.
“Website” means the website https://graftisminvest.com and all the pages, content and sub-domains contained therein.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2 a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
1.4 Words signifying the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender
2.Acceptance of Franchise membership
The decision to accept the application of a potential member shall be at the sole discretion of GRAFTISM INVEST LTD. GRAFTISM INVEST LTD reserves the right to verify, or require proof of all information given in order to obtain Franchise membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the repayment of all monies due to GRAFTISM INVEST LTD. If the membership application is accepted by GRAFTISM INVEST LTD, membership of GRAFTISM INVEST LTDby the applicant shall commence as stated in the agreement.
The acceptance of an application for membership of GRAFTISM INVEST LTD gym franchise business shall constitute a legally binding agreement between the Franchisee and GRAFTISM INVEST LTD. The Franchisee hereby agrees also to be bound by theGRAFTISM INVEST LTD Rules, a copy of which can be provided by contacting customer service via own@graftism.com
3.Franchisee Membership
Franchisee Membership Terms are covered in Membership Charges and Payment Options. All franchisees are liable to pay all upfront or monthly membership fees. Note that continuance of payments made to GRAFTISM INVEST LTD at the end of the franchise period, and any fixed periods thereafter, shall be deemed to constitute a renewal of this Membership Agreement for a further fixed period at the prevailing rate until written notice is received by GRAFTISM INVEST LTD at least 1 calendar month prior to the proposed termination date.
GRAFTISM INVEST LTDreserves the right to increase membership fees on a yearly basis.
- Accuracy of Information
The content of the pages of this website is for your general information and use only. All content is subject to change without notice. Although we attempt to ensure that all the information on our website is correct and accurate, GRAFTISM INVEST LTDcannot guarantee the accuracy of the information on the Service that has been entered by Franchise Owners or Applicants and is not liable for any losses arising from errors in the content.
Your use of any information or materials on this website is entirely at your own risk, for which GRAFTISM INVEST LTD shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
- Franchise Fees and Subscription Terms
You agree to pay all franchise fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide GRAFTISM INVEST LTD with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not to this Agreement to determine your rights and liabilities. By providing GRAFTISM INVEST LTD with your credit card number and associated payment information, you agree that GRAFTISM INVEST LTD is authorised to immediately invoice your Account for all fees and charges due and payable to GRAFTISM INVEST LTD hereunder and that no additional notice or consent is required. You agree to immediately notify GRAFTISM INVEST LTD of any change in your billing address or the credit card or PayPal account used for payment hereunder. GRAFTISM INVEST LTD reserves the right at any time to change its prices and billing methods, either immediately upon posting on Services or by e-mail delivery to you.
Except as set forth in this Agreement, all fees for the Franchise Services are non-refundable.
- Intellectual Property
The website is subject to copyright under England Wales law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright-protected works, which is owned by GRAFTISM INVEST LTD and third parties. Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws. Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additionsor enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
We shall (a) prepare the Site and Our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
- Acceptable Use
Our full Acceptable Use Policy https://graftisminvest.com/ sets out all the permitted uses and prohibited uses of this site. You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of this Site, you agree not to:
- Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
- Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
- Use a buying agent or purchasing agent to make purchases on the Site
- Use the Site to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use Engage in unauthorised framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
- Attempt to access any portions of the Site that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site - Use the Site in a manner inconsistent with any applicable laws or regulations
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Misrepresent experience, skills, or information about a User
- Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
- Data Protection
GRAFTISM INVEST LTDshall comply with applicable data protection law from time and will only use your personal data in accordance with the terms of our Privacy Policy and your Registration. Our general policy is not to disclose any personal non-public information of any Franchisee any third party, except under very limited circumstances. We only disclose such information to improve the services or your user experience, or when we are required to disclose. We will disclose only as much information as is needed to provide the enhanced user experience or improved service. We will disclose where strictly required by law – e.g. if we are under a subpoena or court order, and/or if our solicitors advise us to provide the information. While we are very protective of our user’s personal data, you agree that GRAFTISM INVEST LTD or our assignees may disclose your personal information to a third party if we, in our sole discretion, believe that the law or legal process requires it, or to protect the rights, property, or safety of GRAFTISM INVEST LTD or others, or as otherwise described in our posted Privacy Policy.
- Limitation of liability
Franchisee acknowledges that GRAFTISM INVEST LTD’s obligations and liabilities in respect of GRAFTISM INVEST LTD are defined in this agreement and/or within the Regulations Applicable to All Users.
Franchisee is responsible for the consequences of any use of any of the facilities of GRAFTISM INVEST LTD. GRAFTISM INVEST LTD will not be liable for any indirect or consequential loss, damage, costs, expenses, theft or damage to property, whether arising under contract or otherwise.
- Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at own@graftism.com.
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile at any time, without warning, in our sole discretion.
- Changes
GRAFTISM INVEST LTD reserves the right to change or update these terms and conditions from time to time. As a User of the Website, you are responsible for acknowledging any updates of these terms and conditions. Any significant changes in the Terms and Conditions will be followed by notification emails to all active Users.
If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect.
- General
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
- Governing Law
The Terms and Conditions are governed by and to be construed in accordance with the laws of England and Wales. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of the United Kingdom. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. GRAFTISM INVEST LTD makes no representation that the content of the website complies with the laws of any country outside the United Kingdom. All rights not expressly granted herein are reserved.
- Contact Us
You can contact us through our website:https://graftisminvest.com/, or through email:own@graftism.com