TERMS AND CONDITIONS OF USE
Who are we?www.push30.az and Push30 Mobile Application are managed by PUSH30 LLC (Push30, us, our and we), registered in Azerbaijan with the TIN of 1306296231, having its registered address at AZ1141 Baku, Yasamal Region, Mehdi Mammadov apt. 19.
By using our Mobile Application and/or Website, the User confirms the fact of his familiarization with the “Terms and Conditions of Use” (Agreement) and his/ her full and unconditional consent to it.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
Corporate Subscriber – a legal entity/a person engaged in entrepreneurial activity without creating a legal entity who has signed an agreement to enable its employees to use the services of Push30;
User – An employee or a first-degree family member of an employee of the Corporate Subscriber who uses our Services and whose name is communicated to the Push30 by the Corporate Subscriber in accordance with the terms of this Agreement, and adult students (18 years old) studying in institutions of higher education.
Session – Sports activities performed by the User in the relevant Sports Club selected by the User during one calendar day;
QR-Code – A special graphic code used by the User to obtain access to the Session;
Personal Account (Account) – A section in the Application that contains information about the registration of the User and provides an opportunity to use a Session at the Sports Clubs;
Mobile Application – A mobile programme on the iOS and Android platforms which is a set of functionalities allowing the Users to select and access Sports Clubs to use the Sports Services;
Scheduled Event – A class or an activity organized and offered by the Sports Club that requires booking (such as, for example, a yoga class, a pilates class, a running session, a football match, tournaments, etc.);
Sports Clubs – Sports and recreational facilities provided by legal entities and/ or individual entrepreneurs that carry out entrepreneurial activities and provide Sports Services to the Users;
Sports Services – Services in the field of sports, fitness, or any other type of activity directly related to sports or a healthy lifestyle provided by the Sports Clubs which do not require additional payment apart from payment for an ordinary membership;
Standard Subscription – Subscription to the Sports Clubs included to Standard Subscription Packages and Student Subscription Packages in the Mobile Application
Plus Subscription – Subscription to the Sports Clubs included to Plus Subscription Packages, Standard Subscription Packages and Student Subscription Packages in the Mobile Application;
Premium Subscription – Subscription to the Sports Clubs included to Premium Subscription Packages, Plus Subscription Packages, Standard Subscription Packages and Student Subscription Packages in the Mobile Application;
Student Subscription -Subscription to the Sports Clubs included Student Subscription Packages in the Mobile Application ;
Student ID – a document issued to the User by the educational institution and proving that the User is a student.
Qualified email address – Related to the Corporate Subscriber’s domain address, the email address specified by the list provided by the Corporate Subscriber.
Booking – The system of booking the desired time through User Accounts to use the Sports Services of the Sports Clubs belonging to the Plus and Premium Subscription Packages.
What Services do we provide?
Push30 is a sports services aggregator that undertakes to provide Services to Users, defined below.
1. Provision of access to Sports Clubs which shall be specified in the list that can be checked through Mobile Application.
2. The list of Sport Clubs also specifies what activities, facilities and other services are provided to the Users with eligible Subscription packages. To learn more about the subscription packages, please refer to the link provided;
3. Provision of access to fitness-related content available on Mobile applications on IOS and Android which may include, inter alia, description of exercises, workout plans, meal plans, and fitness advice.
To enjoy subscription benefits, the employee of the User (hereinafter “Corporate Subscriber”) must have a separate agreement with Push30 concerning the partnership or the user must study at higher education institutions.
Please, contact our customer service ([email protected]) for further details.
Push30 is only an aggregator helping User(s) to access Sports Clubs’ services through one membership only and shall not be liable for Sports Services provided by the Sport Clubs.
If the Corporate Subscriber signs an agreement with the Company regarding the provision of Sports Services as a Sports Club, the Users cannot use the Sports Services based on that agreement.
Users must notify Push30in writing upon leaving their official workplace.
Changes in our Terms
1. Users agree that we can unilaterally make changes to these Terms and Conditions and/or related content in the Application. We shall notify the User of such changes 5 days in advance. User`(s) continued use of the Application and/or Website shall be considered his/her acceptance of the amended Agreement
2. Users understand and agree that the Sports Services may exclude the following and require payment of additional fees by the User as offered by the Sport Clubs:
a. Personal training services offered by trainers, Sports Clubs etc.
b. Excluded paid classes (e.g. boxing, swimming, etc.)
c. Food products sold in the Sports Clubs including, but not limited to meals, drinks, and fitness supplements (e.g. protein shakes, gainers, etc.) offered within the Sports Club(s);
How to Use Our Services?
3. Users employed by Corporate Subscriber(s) can only register and use our Services by registering through Qualified Email Addresses confirmed by the Corporate Subscriber.
4. Users can register and use our Services after receiving confirmation by providing Student ID information during registration.
5. For the registration in the Application, the User shall provide the following data: (i) surname, (ii) first name,- , (iii) e-mail address, (iv) phone number, , and (v) Student ID details. The User shall be responsible for the accuracy and correctness of the presented data.
7. After signing up in our Mobile Application and Website with the Qualified Email Address, you shall receive a unique activation code to the mobile number provided. The User shall enter the activation code into the required section to access his/ her Account in the Application where the User can use our Services according to their choice of a subscription package and/or sign up for the Scheduled Events.
8. To participate in the session, Users who are subscribers of the User Student package will scan the QR code with the QR code reader of Sports Clubs using their Personal Account in the Mobile Application by presenting their ID cards and a document confirming their studentship. Other Users will be able to participate in the Sessions by presenting their ID cards, using their Personal Account in the Mobile Application, scanning the QR-code with the QR-code reader of Sports Clubs.
9. The User shall be entitled to access the Sports Club following their Subscription Package 2 (two) times per day during the opening hours, provided that the time interval between the entries cannot be less than 5 hours.
10. If the user attempts to access the Sports Club for the third time during the day or there is another circumstance that excludes the possibility of providing the Sports Services, services provided by the Sports Club to the User shall not be subject to this Agreement. In this case, payment for the services shall be made by the User directly to the Sports Club without the involvement of the Push30.
11. In case the Sports Club or any of the facilities in the Sports Club is temporarily unavailable for any reason (e.g. public holidays, public events, maintenance), such information will be provided in the Application in the shortest possible time before the closure. It is the responsibility of the Users to check the availability of the Sports Club or any of the facilities in the Sports Club.
12. The User shall be responsible for the accuracy and correctness of the information provided for the registration procedure with the Application.
13. The User is responsible for any actions performed in the Application in his/ her Account. The use of the Sports Services is personal to the User and transfer/ disclosure/ assignment of login details to third parties is strictly prohibited. Users must not provide any access to their Account to any unrelated third parties. The User must independently exercise due care and discretion to protect the privacy of his/ her Account. Push30 has the right to take any preventive and responsive measures for such actions of the User.
14. If the User has doubts regarding the security of his Account or the possibility of its unauthorized use by third parties, the User undertakes to immediately notify Push30 by phone number(s) and/or email address
Telephone number: +994 50 555 3030; *3033
Email: [email protected]
15. Push30 assumes no responsibility or liability for any loss, damage, death, personal injury or property damage, illness, or theft of any property suffered by the User as a result of the use of Sports Services. It is the User's responsibility to consult a physician or healthcare professional before performing any exercise or using any sporting facilities and evaluate his/ her own medical and physical condition and independently determine whether to perform, use or adapt to any of the exercises or facilities.
16. Users who have purchased annual or monthly Plus subscriptions until 07.02.2023 will be able to use the Sports Clubs that belong to the Premium Subscription Package shown in the Mobile Application at the time of purchase, until the expiry of such Plus subscriptions. This does not apply to Sports Clubs added to the Premium Subscription Packages after the date of the User’s purchase.
17. Only Users who subscribe to the Annual Premium package will have the right to access the following Sports Clubs:
Hamambath, Medcenter, Omar Atçılıq Mərkəzi, Cıdır Atçılıq Mərkəzi, World Class, Ritz-Carlton.
18. From 17.01.2024, the monthly subscription of the Premium package is cancelled. However, if the User renews his/her active package in the following months and does not choose to cancel the package, he/she can purchase the Premium monthly package and use the services in the following months. Once the Premium monthly package is canceled by the User or the subscription is not renewed in a certain month, the User will not be able to get the Premium monthly package again.
Grant of rights
19. All materials, Services etc. including but not limited to text, graphics, data, articles, photos, images, illustrations and submissions by you and so forth (hereinafter “Content”) are under the sole ownership of Push30 and protected by applicable laws and regulations.
Termination policy of the User’s Account
20. Users agree and warrant that they will not act in a manner that:
a. Violates these Terms and Conditions.
b. Violates Sports Club’(s) internal rules and User Guidelines.
c. Jeopardizes the security of Personal Accounts of any User(s) (such as allowing someone else to use User’s log-in credentials to access the Services), violates the security of any computer network or cracks any password or security encryption code.
d. Runs Mail-list, Listserv, any form of an autoresponder or “spam” on the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Service infrastructure).
e. “Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion of the Services or Content (whether through manual or automated means).
f. Copies and/or stores any portion of the Content.
g. Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or data of or relating to Push30.
21. Push 30 may unilaterally terminate the User’s account permanently or temporarily if
* Discovers any violation of this Agreement.
* Receipt of 3 (three) valid complaints from the Sports Clubs or other persons about the User’s use of the Sports Services.
* If it is discovered that the user did not use his first and last name when registering in the mobile application.
* The user is no longer employed by the Corporate Subscriber.
* The termination of the Agreement between Corporate Subscriber and Push30.
* If the User does not notify the Company in writing when leaving the official workplace;
* If the User registered as a student is expelled from the Institution or graduates.
* And other instances stipulated in this Agreement.
22. In Article 19 of the Terms and Conditions, a valid complaint means the following:
* Physical violence or attempted physical by User against other Users in the Sports Clubs and other members of the Sports Club.
* Violating the rules of discipline and ethical behavior within the Sports Club.
* Harassment of users and members of the Sports Club.
* Entering the Sports Club knowing that the user is infected with acute infectious diseases.
* Violation of sanitation and hygiene rules at a level that may exclude or deter other Users and members of the Sports Club from using the equipment.
* Continuous improper use of equipment.
* Disregarding safety rules within the Sports Club.
* Committing criminal and administrative offences stipulated in the legislation of the Republic of Azerbaijan, regardless of the degree of severity, while using the services of the Sports Club.
23. If the Account is unilaterally closed by Push30 in case the Users violate the requirements of Article 22 of these Terms and Conditions, refunds are made as follows. Payments for a subscription plan with a validity period of less than 6 (six) months are non-refundable:
a. The User's payment is divided into 12 months to calculate the monthly payment price according to the User. The unused period (months) of the Annual Subscription plan is multiplied by the monthly payment price.
b. A penalty of 50% and a breach penalty of 20% apply to the calculated amount.
24. Users bear full financial responsibility to Push30 if the business reputation of Push30 is damaged in cases of violation of the requirements of Article 19 of these Terms and Conditions by Users.
25. Users agree that Push30 solely owns the Services and everything related (such as Application, Content etc.) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. Push30 hereby grants you a personal, limited, revocable, non-transferable license to access. You must use the Services solely for your personal, non-commercial use. Push30 reserves all rights not expressly granted to you.
26. For the Content displayed or performed or available on or through the Services, you promise to abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any Content you access through the Services, and you agree not to use, copy, reproduce, record, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Push30) rights.
27. You may use the Services only for personal, non-commercial purposes. Failure to do so shall result in termination of the Account.
28. Services provided to you, by third-party apps, Sports Clubs, Sports Club personnel and personnel trainers shall be regarded as third-party provider services, and Push30 is not responsible for any third-party providers’ services for its quality, quantity, safety, legality etc.
29. Our delivery of access to Third-party apps (for example payment gateway providers), Scheduled events, Personal Training and any other online content does not transfer any commercial or promotional use rights to you and does not constitute a grant or waiver of any rights of the copyright owners.
30. Push30 shall not be responsible for the quality and safety of Sports Services provided by the Sport Clubs and for their compliance with the requirements of the legislation of the Republic of Azerbaijan. Users shall exercise usage of those services at their own risk.
31. Users agree that they will act in accordance with the relevant agreement (oral and/or written) entered into for all services provided by Third Party Providers. . Push30 only acts as an agent or intermediary for third-party providers. Third-party providers are solely responsible for their content, warranties and any claims related to their performance.
32. Under no circumstances Push30 shall be responsible to the Sports Club, Users or any third party for any consequential or incidental damages in connection with the use of the Services, Sports Club’s services or any third-party provider’s services.
33. You agree that you will treat Sports Clubs for their Sports Services including but not limited to online instructors, personnel, and personal trainers, with respect. You agree not to use our Services and information offered on our website or app to recruit, solicit, or contact in any way the staff of Sports Clubs for employment allowed under applicable law.
34. In exchange for the provision of the Services, the Users shall pay a certain fee following their choice of Subscription Package (Standard or Plus) to the Push30 through their accounts by visiting https://push30.az or Mobile Application. To get more information about Subscription Packages, please check the Mobile Application.
35. All payments are processed through relevant third-party apps (payment gateway providers of Kapital Bank ASC, “Yighim Payment System” and payment terminals such as E-manat, million etc.). Push30 does not save, store or collect any data regarding payments, except a) the date of payment, and b) the first 6 and last 4 digits of the bank card.
36. If the User does not cancel the subscription through the Mobile Application, payments for the User's subscription plans are made by the User through a bank account, the payment is automatically deducted from the User's bank account for the next month or year and the subscription plan is renewed.
37. The terms of automatic deduction of Payment for the next month or year, if payments for subscription plans of users are made by the Corporate Subscriber and renewal of the subscription plan, are governed by the agreement between the Company and the Corporate Subscriber.
Installment Payment Terms
38. Installment payment means paying the subscription fee in possible equal installments. Payment by installments 3 (three) months; 6 (six) months; It is carried out by choosing one of the payment periods for 9 (nine) months. The User is free to choose one of them.
39. When the User pays by installments, the total (entire) value of the package acquired by the User is deducted from his bank card (account), then the total value of the package acquired by the User is divided into the months (depending on the number of installments) for which the User wants to pay by installments and proportionally in those months is paid to the Bank from which the installment card was obtained.
40.Installment payment terms are offered to Users only for Standard and Plus Annual subscription packages.
41. The price of the yearly subscription package is determined based on the public offer shared on the mobile application and/or website (www.push30.az).
42. These Terms do not apply to the payment rules of users (sponsored) whose annual subscription fees are paid by the Corporate subscriber.
43. If the user chooses the functionality of paying in installments during the purchase of yearly subscription packages, the payment conditions are as follows:
* The user chooses one of offered the yearly subscription packages on the mobile application or by logging into his account through the website;
* After selecting one of the annual subscription plans, the user selects "Installment Payment". Then, in the window that opens below, he determines which Bank he will pay with the installment card. Only a 10% (ten percent) discount is applied to the non-discounted price of the annual subscription package. The amount obtained is divided proportionally into 12 (twelve) months, and 1 (one) monthly payment is calculated
* After choosing the appropriate bank, the User pays the calculated amount according to the selected installment payment by means of the Bank card he wants to pay
44. Users can purchase annual subscription packages through Kapital Bank (Birbank), Unibank KB (UCard and Leobank) on installment terms.
Booking System and Rules for Sports Clubs for Plus and Premium Subscription Package
46. To prevent overcrowding at Sports Clubs in the Plus and Premium Subscription Packages, Users with the appropriate package should select and reserve the desired time before going to the Sports Club in the following manner.
47. To make a booking, the User selects the desired time and date by visiting the appropriate link. The Users must enter their name, surname, email address and phone number in the appropriate fields.
48. When the booking is confirmed, the User will receive an email confirming the booking to the email address they entered.
49. Users must make a booking at least 24 (twenty-four) hours in advance. Otherwise, the booking will not be possible.
50. Reservation times will be shown hourly. (Ex. 19:00, 10:00, etc.)
51. If the User does not go to the Sports Club after making the booking and/or does not attend the session accordingly, he will receive a warning. The maximum number of warnings can be 2 (two).
52. If the User does not participate in the session after making a booking for the 3rd time after receiving 2 warnings, that User will not be able to use the Booking Services until the end of the same month.
53. The User can cancel the Reservation at any time before the Reservation without receiving any warning, only 1 (one) time per day.
Special conditions for booking at both branches of the “Pilates Life” sports club:
54. Starting from April 1, 2023, at all addresses (branches) of the "Pilates Life" Sports Club, if Users do not attend 3 (three) sessions after making a reservation during next 30 (thirty) calendar days, they will not be able to use Sports Services within the respective Subscription Package at all addresses (branches) of the "Pilates Life" Sports Club for the same month.
How can Family-Member use Push30 Services?
55. Up to 5 first-degree family members (siblings, parents, and children over 18) of User(s) may also be entitled to benefit from Services if allowed under the Agreement between Push30 and Corporate Subscriber. It is the User(s) responsibility to provide proof of the Family Member’s qualification
56. If the User is a student, the conditions in the clause above do not apply.
Use of Our Services
57. Push30 shall not be responsible for the performance, non-performance, or improper performance by the Sports Clubs of their obligations to provide services other than pre-defined agreed, declared to the Users.
Rules for transferring User Account to a new phone by users:
58.After users download the Mobile Application on their personal phones, the respective phone will serve as the primary device (hereinafter referred to as the "Main Device") linked to their account.
59.If a user changes their personal phone for various reasons and wants to change the Main Device for the Mobile Application accordingly, they must contact Customer Services to request the change.
60.Users can request the change of the Main Device for the Mobile Application for the first time within 30 (thirty) calendar days from the date of transfer of the Mobile Application as the main device to the new phone (calculated from the date of transfer), limited to 1 (one) change.
61.Users can request the change of the Main Device for the Mobile Application up to 3 (three) times within 60 (sixty) calendar days (from the date of transfer of the Mobile Application as the main device to the new phone)
62. The periods mentioned above will be reset when the subscription package expires (excluding package renewal).
Refund and Cancellation Policy of Subscription Packages:
63. You can change or/and cancel your subscription package only after the expiration of the current package.
64.All processed payments are final, and subscription packages cannot be frozen for any amount of time irrespective of the User’s inability to use the Services.
65.All payments made are final and subscription plans cannot be frozen for any period of time regardless of User's availability.
66. The User can cancel the automatic updates of subscription package current subscription plan through the Mobile Application or apply to the Company in writing. Applications are made through [email protected] email address.
67.All payments for the provision of our Services are not refundable if
*The user has already used the subscription plan and benefited from our Services
*The payment was received and executed after more than 14 (fourteen) days
68.The user has already used its subscription package and benefited from our Services.
69.The payment had been processed more than 14 calendar days before the application for a refund.
70.Users are free to choose in which Sports Club they wish to attend a Session. Push30 offers its aggregator services for the provision of access to multiple Sports Clubs. Termination of its Agreement with any of the Sports Clubs shall not constitute a significant change of circumstances.
71.Please, contact our Customer Service ([email protected] ) for any refund or cancellation requests.
Refund Policy for Annual Subscription Plans:
72.There is no refund for annual subscription plans with less than 6 (six) months remaining validity.
73.If the validity period for the subscription plan exceeds 6 (six) months;
*The User's payment is divided into 12 months to calculate the monthly payment price according to the User. The unused period (months) of the Annual Subscription plan is multiplied by the monthly payment price.
*A penalty of 50% is applied to the calculated amount.
74.If Payments are made by a Corporate Subscriber for Users' subscription plans, the terms of the Refund shall be governed by the agreement between the Company and the Corporate Subscriber.
Health and Safety Warnings:
75.Push30 does not provide any health care, medical, or physical training services. All Content on our Website and Application is uploaded for general information, education and entertainment purposes only and does not constitute professional advice. Please, consult a relevant certified healthcare provider to consult your physical wellness, nutrition program and other matters.,
76.The User must consult their physician or healthcare professional before following any training instructions through the Application. Push30 is not responsible for the accuracy, reliability, effectiveness, or correct use of information received by the User through the Application, or for any health problems the User may suffer which may result from training programs, products, or events the Users learn about through the Application.
77.Users are obliged to follow all internal rules and safety measures of Sports Clubs in accessing Sports Services.
Personal Data Protection:
78.Since the security of personal data is one of the most important parts of our activity, all possible security measures are implemented in accordance with the law in order to protect personal data.
79.Users agree and allow the use of their personal and other data for marketing and data analytics purposes to improve the quality of our Services.
80.Personal information is not transferred or sold to third parties for activities inconsistent with the purposes of this Agreement.
82.The Parties acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance of this Agreement are regarded as confidential information. Each Party shall maintain the confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure); (b) is under the obligation to be disclosed under outlined in the applicable laws or regulations, or orders of the court or other government authorities; or (c) is required to be disclosed by any Party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such shareholders, investors, legal counsels or financial advisors shall be bound by the confidentiality obligations similar to those outlined in this Article. Disclosure of any confidential information by the staff members or agencies hired by any Party shall be deemed disclosure of such confidential information by such Party, which Party shall be held liable for breach of this Agreement. This Article shall survive the termination of this Agreement.
83.The Parties shall not be deemed in default of this Terms and Conditions for any delay or failure to fulfill any obligation hereunder so long as and to the extent to which any delay or failure in the fulfillment of such obligation is prevented, frustrated, hindered, or delayed as a consequence of circumstances of Force Majeure. In the event of any such excused delay, the time for the under outline in the performance of such obligations shall be extended for a period equal to the time lost because of the delay. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition, and (b) use reasonable efforts to remove any such causes and resume performance under this Terms and Conditions as soon as reasonably practicable.
84.Force Majeure instances include wars or revolutions, epidemics, epizootics, quarantines, floods, earthquakes, other natural disasters and emergencies, embargoes, as well as significant changes in legislation affecting the terms of this Agreement.
85.Personal problems such as medical, family emergencies and other User’s related instances shall not constitute a force majeure instance per se.
86.This Agreement shall be governed by the laws of the Republic of Azerbaijan.
87.The disputes arising out of this Agreement shall be settled with the mutual agreement of the Parties. If the Parties fail to settle disputes with mutual agreement, the disputes shall be settled in the relevant courts of the Republic of Azerbaijan.
88.This Agreement constitutes an entire agreement between the Parties concerning its subject matter and replaces any previous oral or written agreements, representations, or statements.
89.If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or terminated to the minimum extent necessary and the other provisions of these Terms and Conditions will remain in full force and effect.