Legal Notice

Last updated: April 23, 2024

The website www.abadaclub.com (hereinafter, the “Website”) belongs to ONE GYM CLUB, S.L. (Abada Club) NIF B-67675694, registered office at Calle Nuñez De Balboa, 41 – 1 Dr, Madrid – 28001 (Madrid), contact email dpd@abadaclub.com, duly registered in the Mercantile Registry of Madrid in Volume 42649, Folio 41, Section 8, Sheet M-754285, Entry 1, in accordance with the obligations provided for in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, the “LSSICE”).

The user agrees to use the Website, as well as the services and content hosted on it, in accordance with this legal notice (hereinafter, the “Legal Notice”) and under their sole and exclusive responsibility.

1. Identification of the Parties

The Legal Notice is signed, on the one hand, by Abada Club and, on the other hand, by the end user interested in the services offered through the Website (hereinafter, the “User”) whose personal data are those that he has provided to the Website and/or derived from the previous relationship with Abada Club.

Access to and/or use of this website confers the status of User upon the individual, who, from the moment of such access and/or use, accepts the Legal Notice and the terms and conditions of use set forth herein. The Legal Notice shall apply regardless of any applicable General Terms and Conditions of Contract.

2. Object and scope of application

This Legal Notice governs the access, browsing and use of the Website by the User.

By accessing and/or using the Website, the User accepts Abada Club’s terms and conditions of use and does so at their own risk. The User agrees to use the Website’s content, information, and data in accordance with this Legal Notice, the other policies accessible through the Website, applicable regulations, generally accepted good practices, and public order.

3. Web Availability

The website is available to all users with internet access.

Abada Club makes every effort to ensure the website is available at all times. However, access to the website is via an internet connection, so its quality and availability may be affected by factors beyond Abada Club’s control.

Abada Club is not responsible for the unavailability of the website, the impossibility and/or difficulties in downloading or accessing the content, or any other failure in the communication system that may cause its unavailability.

4. Access and Use of the Web

4.1. Web Access

Access to and use of the Web is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by each User.

Access to the Web, as well as any unauthorized use of the information contained therein, is the sole responsibility of the person who accesses it.

4.2. Use of the Web

The User assumes responsibility for the use of the Website. This responsibility extends to any pre-registration required to access certain services. During this registration, the User is responsible for providing truthful and lawful information.

Abada Club will not be liable for any consequence, damage or loss that may arise from such access, use or breach of this Legal Notice, nor will it be responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system and/or mobile operating system (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User’s device used to connect to the services and/or products offered by Abada Club through the Website; (ii) a malfunction of the browser; and (iii) the use of outdated versions thereof.

5. Website Usage Rules for Users

Abada Club reserves the right to block a User’s access and may terminate this agreement. Specifically, a User may be blocked if any breach of the contractual obligations undertaken herein is detected, or if the Website is used in a manner contrary to this Legal Notice, the Privacy Policy, the Cookie Policy, and/or accepted good faith practices in the industry.

In this regard, the User agrees to:

  • Provide truthful information regarding the data requested in the forms provided by Abada Club for access to certain content or services offered through the Website and keep this information updated. Abada Club reserves the right, without prejudice to any other legal measures available to it, to withdraw, deny, or suspend access to the Website if the data provided is or may be false, inaccurate, or misleading. In any case, the User will be fully responsible for any data or content they transmit or communicate to Abada Club. In this regard, the User assumes responsibility for any damages that may arise from its misuse.
  • Do not use the Web or any of its components to develop timeshare operations, or to become a provider of software application services insofar as they are aimed at enabling third-party access to the platform or any of its components, through rental operations, administrative services or any other similar considerations, sharing them or making them available to third parties.
  • Do not use the Web to collect personal data from other Users.
  • Do not use the Web as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, contrary to copyright and/or industrial property rights.
  • Do not perform reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to the one made available by Abada Club, as this activity may be considered an act of unfair competition and infringement of the intellectual and industrial property rights that Abada Club holds over the Web.
  • Do not subject the website to workloads clearly intended to destabilize it, including distributed denial-of-service (DDoS) attacks or similar situations. If such situations are detected, the previously indicated service level will not apply, and it will be considered an emergency.
  • Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that Abada Club, as the legitimate holder of the rights, incorporates into its properties in matters of intellectual or industrial property (for example, copyright, ©, ® and TM), whether on the platform itself or in the associated material.
  • Do not cause damage to the physical and logical systems of Abada Club, its suppliers or third parties; introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.
  • To inform Abada Club of any event or situation that may have occurred that could jeopardize the security of access by authorized users.
  • Do not impede the normal development of an event, contest, promotion or any other activity available through the Web, either by altering or trying to alter, illegally or otherwise, the access, participation or operation of these, or by falsifying the result of these and/or using fraudulent methods of participation, through any procedure, and/or through any practice that in any way violates or infringes this Legal Notice.
  • Refrain from using the content of the Website for illicit, prohibited or contrary purposes or effects, harmful to the rights and interests of Abada Club, other users, third parties or that in any way may damage, disable, overload or impair this Website or prevent the normal use or enjoyment of it by users.
  • Refrain from forcing vulnerabilities or security breaches on the Web.

6. Links to other websites

This Legal Notice does not apply to links and/or third-party websites that may be accessed through this Website. The Privacy Policy and Cookie Policy present on this Website also do not apply to third-party websites.

If the User accesses other networks or computer resources, they agree to be bound by the corresponding privacy policies. Therefore, Abada Club is not responsible for the content or security measures adopted by those networks or resources.

Likewise, the absence of viruses or other elements in the content linked from the Web that may cause alterations in the computer system (hardware and software) in the User’s documents or files is not guaranteed, excluding Abada Club from any liability arising from damages of any kind caused by all of the above.

In any case, Abada Club will immediately remove any link when the content it redirects to may contravene national or international law, morality, or public order. Likewise, the inclusion of these external links does not imply any type of association, merger, or partnership with the linked entities.

7. Exclusion of warranties and liability

Abada Club does not guarantee the continuous availability of the services offered on the Website, although it will make every effort to ensure their regularity and proper functioning. To this end, Abada Club declares that it has adopted and will adopt all necessary and reasonable measures, within its capabilities and the current state of technology, to ensure the correct operation of the Website.

However, Abada Club assumes no responsibility for any damages that may arise from disconnections, interference or interruptions that may occur in accessing or browsing the Web, nor for any damages that may arise for the User or for third parties from the existence and spread of computer viruses or other harmful elements.

Abada Club also assumes no responsibility for any errors or omissions that may exist in the content of the Website, nor for any actions that the User may take based on said content.

8. Modification of the Legal Notice

Abada Club reserves the right to make any modifications it deems appropriate to this Legal Notice without prior notice. It is the User’s responsibility to read it carefully each time they wish to use the Website. Abada Club may change, delete, or add to the content and services provided through the Website, as well as the way in which they are presented or located on the Website, informing the User when necessary.

9. Intellectual and industrial property

The User acknowledges and accepts that all industrial and intellectual property rights to the Website, including the content and/or any other elements inserted by Abada Club on the Website (including, but not limited to, all elements that make up the visual appearance, graphic image, and other sensory stimuli that comprise the Website or “look and feel,” trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as source code), belong exclusively to Abada Club and/or third parties who have legitimately assigned their rights to it. For these purposes, the Website shall be understood to include all creations incorporated and expressed by Abada Club by any means and/or tangible or intangible medium, known or yet to be developed, that are subject to protection under current intellectual and industrial property regulations.

The mere viewing, printing, downloading, or temporary storage, whether in whole or in part, of the content and/or elements inserted by Abada Club on the Website is authorized exclusively for the User’s personal, private, and non-commercial use, provided that, in all cases, the origin and/or author thereof is indicated and that, where applicable, the copyright symbol and/or industrial property notices of their owners appear. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Abada Club. or the third party holding the affected rights.

The use of such elements, their total or partial reproduction, communication, and/or distribution for commercial or profit-making purposes, as well as their modification, alteration, decompilation, and/or any other act of exploitation of the website, is strictly prohibited. Abada Club holds the image rights to these elements. For any use other than those expressly permitted, prior written consent from the rights holder is required.

This Legal Notice does not grant the User any rights to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for that purpose by Abada Club or the third party holding the affected rights.

Notwithstanding the foregoing, if the User believes that any content on the Website may infringe intellectual and industrial property rights, please inform us as soon as possible by sending an email to dpd@abadaclub.com, REF: “Website Legal Notice”.

10. Communications

Abada Club will contact the User by email or provide information by posting notices on the website. For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically comply with legal requirements.

Communications from the User should preferably be sent via email to dpd@abadaclub.com. Alternatively, written communications can be sent to Abada Club at Calle Nuñez De Balboa, 41 – 1 Dr, Madrid – 28001 (Madrid), REF: “Abada Club Website”.

11. Applicable law and competent jurisdiction

The current regulations will determine the laws that must govern and the jurisdiction that must hear the relations between Abada Club and the User.

However, in those cases where the current regulations provide for the possibility for the parties to submit to a specific jurisdiction, Abada Club and the User, expressly waiving any other jurisdiction that may correspond to them, will submit to Spanish legislation and to the Courts and Tribunals that correspond to the domicile of Abada Club.