Rules of the invictus loyalty program
RULES OF THE INVICTUS LOYALTY PROGRAM
GENERAL PROVISIONS
1.1. These Rules of the Invictus Loyalty Program constitute an integral part of the Public Offer on providing access to fitness services under the “Invictus”, “Invictus Fitness”, “Invictus Go” and “Invictus Girls” brands, and determine the procedure for clients’ participation in the loyalty program, the conditions for assigning and changing statuses, and the procedure for granting discounts, bonuses and other privileges.
1.2. The loyalty program operates under the name “Invictus Loyalty Program” / “Invictus Program of Loyalty”, unless another name is specified in the mobile application, advertising materials, internal documents of the Program Operator or the terms of a specific promotion.
1.3. The Program Operator is Limited Liability Partnership “GoPass Platform”.
1.4. The Program Operator administers the Program and maintains records of statuses, active months, bonuses, privileges and other data related to a client’s participation in the Program.
1.5. The Program Operator is not the provider of fitness services under the Public Offer, unless otherwise expressly stated in the individual terms of service, payment documents or other documents confirming the provision of services by a specific legal entity.
1.6. Fitness services are provided by the relevant clubs operating under the Invictus network brands. The Program is applied by such clubs in relation to the granting of discounts, bonuses, privileges and other benefits provided for by these Rules.
1.7. The Program operates in the territory of the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Azerbaijan.
1.8. The application of certain Program terms in each country is carried out subject to the requirements of the applicable laws of the relevant country, including laws on consumer protection, advertising, promotional activities, personal data, payments and other mandatory requirements.
1.9. If any provision of these Rules cannot be applied in a particular country due to mandatory legal requirements, such provision shall apply to the extent not contradicting the applicable laws, or shall be replaced by the Program Operator with a provision that is as close as possible in economic and legal substance.
1.10. Participation in the Program is automatic and does not require separate registration, submission of an application, signing of a separate consent or performance of any other additional action, unless otherwise provided by the terms of a specific promotion, the functionality of the mobile application or applicable laws.
1.11. By accepting the Public Offer, purchasing a membership, subscription or other club membership, using the Invictus network mobile application, and using the benefits of the Program, the client confirms that he/she has read these Rules and accepts the terms of participation in the Program.
TERMS AND DEFINITIONS
2.1. Program means the Invictus Loyalty Program, which provides for the assignment of statuses to clients and the granting of discounts, bonuses, privileges and other benefits under these Rules.
2.2. Participant means a client who has accepted the Public Offer and is entitled to participate in the Program in accordance with these Rules.
2.3. Active Month means a settlement month of club membership counted for the purposes of determining the Participant’s status in the Program.
2.4. Anchor Date means the date of activation of a membership or subscription from which the accrual of active months is calculated.
2.5. Status means the Participant’s level in the Program, determined by the number of active months and other conditions of these Rules.
2.6. Club Tier means a category of an Invictus network club, determining the club level and the conditions for applying statuses, discounts and privileges. The following club tiers apply within the Program: Comfort, Business, Signature.
2.7. Former Club Member means a client who has not renewed his/her club membership within the time limits established by these Rules.
2.8. Bonuses mean conditional units of the Program accrued to a Participant for activity, purchases or other actions determined by the Program Operator, and used exclusively in the manner provided by these Rules.
2.9. Privileges mean additional benefits granted to a Participant depending on his/her status and fulfillment of the conditions of these Rules.
PROGRAM PARTICIPANTS
3.1. A client becomes a Program Participant if he/she:
3.1.1. has purchased a membership or subscription for a term of 1, 3, 6 or 12 months;
3.1.2. has an active club membership;
3.1.3. has the status of a Former Club Member, if such status is recorded by the Program Operator in the information system;
3.1.4. meets other conditions established by these Rules.
3.2. The following do not grant the right to participate in the Program and are not counted when calculating active months:
3.2.1. one-time visits;
3.2.2. guest visits;
3.2.3. Rabbit Hall visits;
3.2.4. other services not expressly classified by the Program Operator as club memberships participating in the Program.
3.3. Participation in the Program is personal. Status, active months, bonuses and privileges may not be sold, assigned, gifted, transferred to third parties or used by another person, except in cases expressly provided by these Rules.
3.4. The Participant is independently responsible for keeping his/her contact details up to date, maintaining the correctness of the account in the mobile application, and complying with the Public Offer, Club Rules and these Rules.
CLUB TIERS
4.1. Invictus network clubs are divided into the following tiers within the Program:
4.1.1. Comfort;
4.1.2. Business;
4.1.3. Signature.
4.2. The distribution of clubs by tiers is maintained in the information system of the Program Operator, including the Entryx system or another accounting system used by the Operator.
4.3. The Program Operator has the right to change the distribution of clubs by tiers, including in connection with the opening of new clubs, changes in club format, renovation, changes in the scope of services, commercial policy or other operational conditions.
4.4. A change in the club tier applies prospectively and does not deprive the Participant of already paid services within the current paid period.
PARTICIPANT STATUSES AND DISCOUNTS
5.1. The following Participant statuses are established in the Program:
Start — first membership, first subscription or Former Club Member status;
Silver — 5 or more active months;
Gold — 11 or more active months;
Platinum — 23 or more active months;
Diamond — 35 or more active months.
5.2. The Participant’s status is upgraded automatically upon reaching the relevant number of active months, unless otherwise established by the technical rules of the information system or the terms of a specific promotion.
5.3. The Participant’s status grants the right to a discount when purchasing an annual membership in the following amount:
Start — 7%;
Silver — 10%;
Gold — 13%;
Platinum — 15%;
Diamond — 20%.
5.4. The status discount applies exclusively to the purchase of an annual membership.
5.5. The status discount does not apply to subscriptions, 1-, 3- or 6-month memberships, one-time visits, guest visits, additional services, goods, personal training sessions, training packages, Rabbit Hall or other services, unless otherwise expressly provided by the Program Operator.
5.6. Having a status does not guarantee that the membership price will remain unchanged. The discount applies to the annual membership price valid at the time of purchase, unless otherwise provided by the terms of a specific offer.
5.7. The status discount is not payable in cash, exchangeable for bonuses, subject to compensation, transferable to third parties or usable after the right to the relevant status has ceased.
PROCEDURE FOR CALCULATING ACTIVE MONTHS
6.1. Active months are calculated from the Anchor Date.
6.2. The first active month is accrued one calendar month after the activation date of the membership or subscription.
6.3. Subsequent active months are accrued monthly, provided that the club membership remains active and there are no grounds for suspending accrual.
6.4. Active months continue to accumulate if the break between the end of one membership or subscription and the activation of the next membership or subscription does not exceed 60 calendar days.
6.5. If the break between club memberships exceeds 60 calendar days, the Participant’s status changes in accordance with Section 10 of these Rules.
6.6. During a freeze period of club membership, active months are not accrued.
6.7. When a freeze is applied, the Anchor Date is shifted by the number of freeze days, unless otherwise provided by the technical capabilities of the accounting system or the terms of a specific tariff.
6.8. If the Participant has parallel memberships or subscriptions, active months for each membership or subscription are counted separately.
6.9. Active months under parallel memberships are not aggregated, unless otherwise expressly provided by the Program Operator.
6.10. Data from the Program Operator’s information system is the primary source for recording active months, status, bonuses and privileges.
6.11. In the event of a technical error, the Program Operator has the right to adjust the data after internal verification.
STATUS PRIVILEGES
7.1. Privileges are granted to Participants with Gold, Platinum and Diamond statuses only after the purchase of an annual membership.
7.2. Reaching Gold, Platinum or Diamond status alone does not automatically result in the accrual of privileges. Privileges are accrued after the condition of purchasing an annual membership has been fulfilled.
7.3. Participants are granted the following privileges:
Gold:
7.3.1. 20 freeze days;
7.3.2. 5 guest visits.
Platinum:
7.3.3. 20 freeze days;
7.3.4. 5 guest visits.
Diamond:
7.3.5. 20 freeze days;
7.3.6. 7 guest visits;
7.3.7. an additional 1 month to the annual membership.
7.4. Privileges are granted within the term of the annual membership in connection with which they were accrued.
7.5. Unused privileges are not subject to monetary compensation, exchange, refund, transfer to another membership or transfer to third parties, unless otherwise expressly provided by the Program Operator.
7.6. Guest visits are used in accordance with the Public Offer, Club Rules and internal rules of the relevant club.
7.7. Freeze days are used in accordance with the Public Offer, the terms of the relevant membership, the tariff and the functionality of the mobile application.
7.8. The additional 1 month to the annual membership for Diamond status is granted once within the relevant annual membership.
7.9. The additional 1 month to the annual membership is not subject to monetary compensation in the event of early termination, refund, re-registration or other termination of the membership, unless otherwise required by applicable laws.
CONDITIONS FOR APPLYING DISCOUNTS, PROMO CODES, INSTALLMENT PLANS, BONUSES AND PRE-SALES
8.1. The status discount applies only to the purchase of an annual membership.
8.2. The following combinations are permitted:
8.2.1. status discount and installment plan;
8.2.2. status discount and bonuses;
8.2.3. promo code and installment plan;
8.2.4. promo code and pre-sale;
8.2.5. installment plan and pre-sale.
8.3. The following combinations are not permitted:
8.3.1. status discount and promo code;
8.3.2. status discount and pre-sale;
8.3.3. promo code and bonuses;
8.3.4. installment plan and bonuses;
8.3.5. bonuses and pre-sale.
8.4. The status discount and promo code are not cumulative. If the Participant is entitled to both a status discount and a promo code, one of these benefits shall apply at the Participant’s choice or according to the technical logic of the mobile application, if no choice is provided.
8.5. In the case of general promotions where the membership price is reduced for all clients or an indefinite group of persons, the status discount and bonuses shall not apply to such membership, unless otherwise expressly stated in the promotion terms.
8.6. The Program Operator has the right to establish separate rules for applying discounts, bonuses, promo codes, installment plans and pre-sales for specific clubs, club tiers, sales periods, promotions and special offers.
8.7. Such special terms are communicated to clients through the mobile application and/or official social media pages of the club, the Invictus network or the Program Operator.
8.8. If the technical system does not allow several benefits to be applied simultaneously, the benefit available in the system at the time of purchase shall apply, unless otherwise separately agreed with the club.
BONUSES
9.1. Bonuses may be accrued to the Participant for activity, purchases, renewal of club membership, participation in marketing activities and other actions determined by the Program Operator.
9.2. Bonuses may be used by the Participant for subsequent purchases in the manner and within the limits established by the Program Operator, the mobile application, the terms of a specific promotion or the internal rules of the club.
9.3. Bonuses are conditional units of the Program and are used exclusively within the Program to receive a discount, reduce the cost of subsequent purchases or receive other benefits provided by the Program Operator.
9.4. In the Republic of Kazakhstan, bonuses are not money, electronic money, a means of payment, a security, a financial instrument, a deposit, an advance payment, prepayment or an independent property claim against the Program Operator or the club.
9.5. In the Kyrgyz Republic, bonuses are not money, electronic money, a means of payment, a financial instrument, a deposit, an advance payment, prepayment or an independent property claim against the Program Operator or the club.
9.6. In the Republic of Azerbaijan, bonuses are not money, electronic money, a means of payment, a financial instrument, a deposit, an advance payment, prepayment or an independent property claim against the Program Operator or the club.
9.7. Bonuses are not subject to exchange for cash or non-cash funds, refund, compensation, sale, assignment, gifting, transfer to third parties, inheritance or use outside the terms of the Program.
9.8. The Program Operator has the right to set the validity period of bonuses. Upon expiry of the validity period, unused bonuses are cancelled without compensation.
9.9. In the event of a refund, contract termination, purchase cancellation, recognition of a transaction as erroneous, or abuse of the Program terms, the Program Operator has the right to cancel bonuses accrued for the relevant purchase or action.
9.10. If bonuses were used for a purchase that was subsequently cancelled or refunded, the procedure for restoring or cancelling bonuses shall be determined by the Program Operator, subject to applicable laws and the technical capabilities of the system.
9.11. The Program Operator has the right to temporarily restrict the accrual or use of bonuses in the event of a technical error, suspicious activity, abuse, violation of the Public Offer, Club Rules or these Rules.
STATUS DOWNGRADE AND FORMER CLUB MEMBER STATUS
10.1. If the Participant has not renewed his/her club membership within the established time limits, he/she may be assigned Former Club Member status.
10.2. The time limits for transition to Former Club Member status depend on the Participant’s current status:
Start — 60 calendar days;
Silver — 60 calendar days;
Gold — 120 calendar days;
Platinum — 180 calendar days;
Diamond — 240 calendar days.
10.3. Upon transition to Former Club Member status, the Participant is reset to Start status, unless otherwise provided by the special terms of the Program Operator.
10.4. If the break between club memberships exceeds 60 calendar days, the Participant’s status is downgraded by one level.
10.5. Upon status downgrade, the Participant’s active months are reset to the minimum value required for the new status.
10.6. If the break continues, further status downgrade occurs every subsequent 60 calendar days until Start or Former Club Member status is reached.
10.7. Status downgrade does not create an obligation for the club or the Program Operator to compensate the Participant for any lost discount, bonuses, privileges or other benefits, unless otherwise required by applicable laws.
TRANSITION BETWEEN CLUB TIERS
11.1. When purchasing a membership or subscription at a club of another tier, the Participant’s status is downgraded by one level, regardless of whether the transition is to a higher or lower tier.
11.2. For the purposes of this Section, transition between tiers means the purchase of club membership at a club belonging to another tier: Comfort, Business or Signature.
11.3. Participants with Start status, as well as clients with Former Club Member status, lose the previously applicable status and the right to the relevant discount when purchasing club membership in another tier, if such right was available in the system.
11.4. After transition between tiers, further accumulation of active months is carried out in accordance with the new club tier and the terms of the purchased club membership.
11.5. The Program Operator has the right to establish exceptions to the rules on transition between tiers for specific promotions, corporate programs, special offers, technical migration of clients between clubs or other cases determined by the Program Operator.
MEMBERSHIP RE-REGISTRATION
12.1. When a membership is re-registered to another person, the status, active months, bonuses and personal privileges of the transferring person are not transferred to the membership recipient.
12.2. The recipient of the re-registered membership starts participation in the Program with Start status, unless otherwise expressly provided by the Program Operator.
12.3. The transferring person retains his/her status, discount and privileges within the conditions of these Rules, provided that the re-registration has not resulted in the termination of the grounds for retaining them.
12.4. Privileges associated with the re-registered membership may be cancelled or retained depending on the technical logic of the system, the terms of the specific membership and the decision of the Program Operator.
12.5. Membership re-registration is carried out in accordance with the procedure established by the Public Offer, Club Rules, the terms of the specific tariff and the applicable price list.
PERSONAL DATA AND PROGRAM RECORDS
13.1. For participation in the Program, the Program Operator and clubs process the Participant’s data to the extent necessary for administering the Program, including identification data, contact details, purchase data, club membership data, membership and subscription validity periods, active months, statuses, bonuses, privileges and the history of their use.
13.2. Personal data is processed for the following purposes:
13.2.1. identification of the Participant;
13.2.2. recording status and active months;
13.2.3. accrual and use of bonuses;
13.2.4. granting discounts and privileges;
13.2.5. administration of club membership;
13.2.6. performance of the Public Offer and these Rules;
13.2.7. compliance with applicable legal requirements.
13.3. Transfer of data between clubs, the Program Operator, IT operators, payment organizations and other engaged persons is permitted to the extent necessary for the functioning of the Program, performance of the contract and compliance with applicable legal requirements.
13.4. Participation in the Program is automatic. At the same time, personal data processing for the purposes of the Program is carried out on the basis of acceptance of the Public Offer, these Rules, the Personal Data Processing Policy, consents provided by the Participant when using the mobile application, and other grounds provided by applicable laws.
13.5. Withdrawal of consent to personal data processing or the inability to process data necessary for recording status, bonuses and privileges may result in the impossibility of further participation in the Program, accrual of bonuses, application of discounts, granting of privileges and correct recording of status.
13.6. The procedure for processing, storing and protecting personal data is determined by the Public Offer, the Personal Data Processing Policy, applicable laws and internal documents of the Program Operator.
AMENDMENT AND TERMINATION OF THE PROGRAM
14.1. The Program Operator has the right to amend these Rules, the conditions for accruing active months, discount amounts, the list of statuses, bonuses, privileges, rules for their application and other Program terms.
14.2. Amendments apply prospectively and do not affect the already paid period of service provision, unless otherwise required by applicable laws or connected with the technical impossibility of providing a benefit.
14.3. Information on amendments to these Rules, Program terms, statuses, discounts, bonuses, privileges and other benefits is communicated to Participants by posting the relevant information in the Invictus network mobile application and/or on the official social media pages of the club, the Invictus network or the Program Operator.
14.4. Posting information in the mobile application and/or on official social media pages is deemed proper notification of Participants regarding amendments to the Program, unless otherwise required by applicable laws.
14.5. The Program Operator has the right to temporarily suspend or terminate the Program in whole or in part, including in a specific country, club tier, club, mobile application or in relation to specific benefits.
14.6. Termination of the Program is not a ground for refunding the cost of a membership or subscription if club membership services continue to be provided in accordance with the Public Offer.
RESTRICTIONS AND ABUSE
15.1. The Participant is prohibited from using the Program in bad faith, including:
15.1.1. transferring his/her status, bonuses or privileges to third parties;
15.1.2. using another person’s account;
15.1.3. making fictitious purchases or refunds to obtain bonuses or status;
15.1.4. exploiting technical system errors;
15.1.5. bypassing established restrictions on discounts, promo codes, bonuses, installment plans and promotions;
15.1.6. performing other actions that violate the economic logic of the Program, the Public Offer, Club Rules or applicable laws.
15.2. If abuse is identified, the Program Operator has the right to:
15.2.1. cancel bonuses;
15.2.2. cancel privileges;
15.2.3. adjust the status;
15.2.4. refuse to apply a discount;
15.2.5. temporarily restrict participation in the Program;
15.2.6. terminate the client’s participation in the Program;
15.2.7. apply other measures provided by the Public Offer, Club Rules and applicable laws.
FINAL PROVISIONS
16.1. These Rules constitute an integral part of the Public Offer.
16.2. In all matters not regulated by these Rules, the provisions of the Public Offer, Club Rules, the terms of a specific membership or subscription, and applicable laws shall apply.
16.3. In the event of a conflict between these Rules and the individual terms of a specific membership, subscription, promotion or special offer, the special terms shall prevail, provided that they have been expressly communicated to the client and do not contradict applicable laws.
16.4. The current version of these Rules is posted in the Invictus network mobile application and/or on the official social media pages of the club, the Invictus network or the Program Operator.
16.5. The Participant is obliged to independently monitor the current Program terms, including status, active months, bonuses, privileges, available discounts and restrictions on their application.
16.6. These Rules enter into force from the date specified in this version and remain effective until amended, cancelled or replaced by a new version.