User agreement
USER AGREEMENT
for the Use of the Invictus Website and Mobile Application
This User Agreement (the Agreement) sets out the terms and conditions for the use of the website https://invictus.kz, the Invictus mobile application, user account and other Invictus digital services (collectively, the Service).
The Service is administered by GOPASS PLATFORM LLP, BIN 221040004076 (the Company, the Service Operator).
This Agreement applies to all Users of the Service regardless of their country of residence or location, unless otherwise expressly provided by local terms, the rules of a specific offer or mandatory requirements of applicable law.
Use of the Service, registration, login, placement of an order, activation of a membership, payment, clicking the buttons “I Agree”, “Continue”, “Buy”, “Pay”, “Place Order”, or performing any similar action means that the User has read this Agreement and accepts its terms.
If the User does not agree with the terms of this Agreement, the User must stop using the Service.
1. TERMS
1.1. Service means the website, mobile application, user account, electronic forms, notifications, interfaces and other Invictus digital tools.
1.2. Company means GOPASS PLATFORM LLP, acting as the operator of the Service.
1.3. User means an individual using the Service.
1.4. Partner means a legal entity, individual entrepreneur or any other person placing offers in the Service for the sale of memberships, goods, works, services, consultations, digital products or other offerings.
1.5. Membership means the User’s right to receive services from the relevant Partner under the terms of a specific offer, club rules, public offer or other applicable document.
1.6. User Account means the User’s personal section of the Service through which the User manages their profile, orders, memberships, notifications and other available functions.
1.7. Order means an action by the User aimed at purchasing a membership, goods, services or any other offer through the Service.
1.8. Content means texts, images, videos, audio, interface elements, logos, trademarks, descriptions, training programs and other materials posted in the Service.
2. SUBJECT MATTER OF THE AGREEMENT AND STATUS OF THE COMPANY
2.1. The Company provides the User with access to the Service as an information technology platform that allows the User to:
receive information about clubs, memberships, goods, services, promotions and special offers;
register and use the User Account;
place orders through the Service;
receive notifications and electronic confirmations;
contact support.
2.2. The Company is the operator of the Service. Unless expressly stated otherwise in a specific offer, the Company is not the direct provider of fitness services, seller of goods, medical organization, trainer, consultant, laboratory or any other service provider.
2.3. Memberships, goods, services and other offers posted in the Service may be provided by Partners. The relevant Partner is independently responsible for the content of the offer, quality, safety, timing, scope and procedure for providing services or transferring goods, unless otherwise provided by applicable law or a separate agreement.
2.4. The terms of a specific offer are determined by its description, club rules, the Partner’s public offer, promotion rules, payment and refund terms, and other documents posted in the Service.
2.5. In case of any inconsistency between this Agreement and the terms of a specific offer regarding the provision of services, sale of goods, validity of a membership, refunds or restrictions, the terms of the specific offer shall prevail, provided that they do not violate mandatory requirements of applicable law.
3. REGISTRATION AND USER ACCOUNT
3.1. To access certain functions of the Service, the User may register and create a User Account.
3.2. During registration, the User must provide accurate, up-to-date and complete information.
3.3. The User is responsible for keeping confidential their login, password, one-time codes, access to their phone number, email and devices used to access the Service.
3.4. All actions performed through the User Account are deemed to have been performed by the User, unless proven otherwise.
3.5. The User may not transfer their User Account, login, password, membership, QR code, electronic pass or other means of access to third parties, unless such transfer is expressly permitted by the terms of a specific offer.
3.6. The Company may temporarily restrict access to the User Account or certain functions of the Service if there is a suspicion of unauthorized access, violation of this Agreement, fraud, abuse or other actions creating risks for the User, the Company, Partners or third parties.
3.7. The User may stop using the Service and delete the User Account, if such function is available in the Service, or submit a relevant request to support.
4. AGE RESTRICTIONS
4.1. The User may use the Service if they have the legal capacity required to perform the relevant actions.
4.2. Minors may use the Service and purchase memberships, goods or services only with the consent of a legal representative, if such consent is required by applicable law or the rules of the relevant Partner.
4.3. Access to fitness clubs by minors is subject to the rules of the specific club, the User’s age, the type of service, safety requirements and other terms of the Partner.
5. ORDERS, PAYMENT AND AUTOMATIC RENEWAL
5.1. Before placing an Order, the User must review the offer description, price, validity period, activation terms, restrictions, rules of use, refund terms, Partner details and other essential terms.
5.2. Placing an Order through the Service means that the User agrees to the terms of the selected offer, this Agreement and the applicable documents.
5.3. Payment for Orders is made using the methods available in the Service interface.
5.4. Payment may be processed by a bank, payment organization, payment aggregator or other authorized person. The Company is not responsible for the actions of such persons, unless otherwise provided by applicable law.
5.5. The User confirms that they use the payment method lawfully and have the right to dispose of the funds used for payment.
5.6. Certain memberships, subscriptions, services or digital products may provide for automatic renewal and/or recurring debiting of funds. Such debiting is allowed only with the User’s consent expressed through the Service interface, payment service, bank or other available method.
5.7. The User may disable automatic renewal in the manner specified in the Service or in the terms of the relevant offer.
5.8. In case of a technical error, incorrect display of price, description, validity period, availability of the offer or other essential terms, the Company and/or the Partner may cancel the Order before its actual performance and refund the paid amount, if payment was made and the service/goods were not provided.
6. REFUNDS AND CLAIMS RELATED TO OFFERS
6.1. The procedure for refunds, exchange of goods, cancellation of Orders, recalculation of service fees and handling of claims is determined by the terms of the specific offer, the rules of the relevant Partner and mandatory requirements of applicable law.
6.2. If the provider of the service or seller of the goods is a Partner, claims regarding quality, timing, scope, safety, refund, exchange or recalculation are reviewed by the relevant Partner, unless otherwise provided by applicable law or a separate agreement.
6.3. The Company may receive the User’s request through the Service and forward it to the relevant Partner. Such assistance does not constitute the Company’s acceptance of liability for the Partner’s actions or omissions.
6.4. To process a request, the User must provide information allowing identification of the Order, payment, membership, goods, service or circumstances of the request.
7. RULES FOR USING MEMBERSHIPS AND VISITING CLUBS
7.1. A Membership is personal, unless expressly stated otherwise in the terms of a specific offer.
7.2. The User must comply with the rules of the relevant club, staff instructions, rules for using equipment, sanitary, technical, fire safety and other safety requirements.
7.3. Activation terms, validity period, freezing, re-registration, renewal, visit restrictions, guest visits, access to specific zones and additional services are determined by the terms of the specific offer and the rules of the relevant club.
7.4. The Partner may deny access to the club or restrict the provision of services in cases provided by club rules, safety requirements, membership terms or applicable law.
8. HEALTH AND SAFETY
8.1. The User independently assesses their health condition, physical fitness and ability to participate in workouts, visit the club, use equipment, swimming pool, sauna, group programs, online workouts and other services.
8.2. Information posted in the Service, including training programs, recommendations, articles, videos, exercise descriptions, advice on activity, nutrition or lifestyle, is for informational purposes only and does not constitute medical advice, diagnosis, treatment or a substitute for consulting a doctor.
8.3. If the User has any illnesses, injuries, contraindications, pregnancy, health complaints or doubts as to whether physical activity is permitted, the User is advised to consult a doctor in advance.
8.4. The User must stop training or using a service if they experience deterioration of well-being, pain, dizziness, shortness of breath, signs of injury or any other condition that may pose a risk to health.
8.5. This section does not limit the User’s rights and does not release the Company or Partners from liability in cases where such liability cannot be excluded under applicable law.
9. PERSONAL DATA AND PRIVACY
9.1. Matters related to the collection, processing, storage, transfer and protection of the User’s personal data are governed by a separate Privacy Policy and, where necessary, by separate consents of the User.
9.2. By using the Service, the User confirms that they have read the Privacy Policy and understand that data processing is necessary for registration, identification, placing Orders, payment, providing access to services, support, security and compliance with applicable law.
9.3. Detailed terms for the use of cookies, analytics tools, photographs, identification tools and other data are determined by the Privacy Policy and/or separate consents, if such consents are required by applicable law.
10. NOTIFICATIONS
10.1. The Company may send the User service, technical, informational and legally significant notifications related to the use of the Service, Orders, payment, memberships, security, changes to documents and User requests.
10.2. Notifications may be sent through the Service, push notifications, SMS, messengers, email, phone calls, the User Account or other available communication channels.
10.3. Advertising and marketing messages are sent to the User if the required consent has been obtained, where such consent is required by applicable law.
10.4. Opting out of advertising messages does not stop the sending of service, technical and legally significant notifications.
11. USER CONDUCT RULES
11.1. The User agrees to use the Service in good faith, lawfully and in accordance with this Agreement.
11.2. The User is prohibited from:
using the Service for unlawful purposes;
transferring the User Account, membership, QR code, password, pass or other means of access to third parties;
attempting to gain unauthorized access to the Service, other users’ data, servers, software code or technical infrastructure;
interfering with the operation of the Service, bypassing restrictions, using malicious software, bots, automated scripts, scraping or mass requests;
posting false, unlawful, harmful, offensive information or information that infringes the rights of third parties;
abusing promotions, promo codes, bonuses, refunds or other features of the Service;
violating club rules, safety requirements and the terms of specific offers.
11.3. In case of violation of this section, the Company may restrict the User’s access to the Service, block the User Account, cancel an Order, and transfer information to a Partner, payment organization, government authority or other authorized person in cases provided by applicable law.
12. INTELLECTUAL PROPERTY
12.1. All rights to the Service and Content belong to the Company, Partners or other right holders.
12.2. The User is granted a limited, non-exclusive, non-transferable right to use the Service and Content solely for personal non-commercial purposes within the functionality of the Service.
12.3. The User may not, without the written consent of the right holder, copy, reproduce, distribute, modify, publish, display, sell, transfer, upload, broadcast or otherwise use the Content outside the Service.
12.4. Violation of intellectual property rights may result in restriction of access to the Service, claims for damages and other measures of liability provided by applicable law.
13. AVAILABILITY OF THE SERVICE AND CHANGES
13.1. The Company aims to ensure stable operation of the Service, but does not guarantee that the Service will operate continuously and without errors at all times.
13.2. The Service may be temporarily unavailable due to technical works, updates, communication failures, actions of third parties, restrictions imposed by payment systems, banks, providers, app stores, government authorities or other circumstances beyond the reasonable control of the Company.
13.3. The Company may change, update, supplement, restrict or discontinue certain functions of the Service, provided that this does not violate the User’s mandatory rights under applicable law.
13.4. The Company may release updates to the Service. The User’s refusal to install an update may result in limited or incorrect operation of certain functions.
14. LIMITATION OF LIABILITY
14.1. The Company is liable for breach of its obligations as the Service Operator within the limits provided by this Agreement and applicable law.
14.2. The Company is not responsible for the quality, scope, timing, safety or results of services or goods provided by Partners, unless the Company is the direct provider or seller of the relevant service/goods.
14.3. The Company does not guarantee that the User will achieve any specific results from workouts, programs, recommendations, consultations, nutrition, use of a membership or other services.
14.4. The Company is not responsible for losses arising from the User’s provision of inaccurate data, transfer of access to third parties, violation of club rules, independent selection of physical load without regard to health condition, actions of Partners, banks, payment organizations, telecom operators, app stores or other third parties.
14.5. Nothing in this Agreement limits the User’s rights that cannot be limited under applicable law.
15. RESTRICTION AND TERMINATION OF ACCESS
15.1. The User may stop using the Service at any time.
15.2. The Company may temporarily suspend, restrict or terminate the User’s access to the Service in whole or in part in case of violation of this Agreement, transfer of access to third parties, suspicion of fraud, abuse, unauthorized access, or where necessary to protect the rights and legitimate interests of the Company, Partners, other Users or third parties.
15.3. Termination of access to the Service does not terminate the obligations of the User, the Company and/or the Partner under previously placed Orders, if such obligations remain subject to performance after termination of access.
16. REQUESTS AND DISPUTE RESOLUTION
16.1. The User may submit a request through the Service functionality, support service, email or other contact channels specified in the Service.
16.2. Requests related to the technical operation of the Service, access to the User Account, display of Orders, notifications and security of the Service are reviewed by the Company.
16.3. Requests related to the quality, timing, scope, safety, refund, exchange or recalculation regarding goods and services of a Partner may be forwarded to the relevant Partner for substantive review.
16.4. The parties shall seek to resolve disputes through negotiations and written communications.
16.5. If a dispute is not resolved out of court, it shall be referred to a competent court or other authorized body in accordance with applicable law and mandatory consumer protection rules applicable to the relevant User.
17. AMENDMENTS TO THE AGREEMENT
17.1. The Company may amend this Agreement unilaterally.
17.2. The new version of the Agreement is posted in the Service and becomes effective from the moment of posting, unless another effective date is specified in the new version.
17.3. Continued use of the Service after the amendments take effect means that the User agrees to the new version of the Agreement.
17.4. If the User does not agree with the amendments, the User must stop using the Service.
18. FINAL PROVISIONS
18.1. This Agreement is effective from the moment it is accepted by the User and remains in effect until the User stops using the Service or this Agreement is replaced by a new version.
18.2. If any provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
18.3. The Company’s failure to act in response to the User’s violation of this Agreement does not constitute a waiver of the Company’s right to apply appropriate protective measures later.
18.4. If this Agreement is translated into other languages, the Russian version shall prevail, unless otherwise expressly stated by the Company or required by mandatory provisions of applicable law.
19. COMPANY DETAILS
GOPASS PLATFORM LLP
BIN: 221040004076
Legal address: 010000, Astana, st. Kayim Mukhamedkhanov, 9, office 11
Website: https://invictus.kz
Email: support@invictus.kz
Phone: +7 707 108 0008
20. USER CONFIRMATION
By registering, logging in, placing an Order, making payment, activating a membership or otherwise using the Service, the User confirms that they:
have read this Agreement;
understand the Company’s status as the Service Operator;
understand that certain goods and services may be provided by Partners;
accept the terms of this Agreement;
agree to comply with the rules for using the Service, club rules and the terms of the relevant offers;
confirm the accuracy of the information provided.