WESTGATE SHOPPING MALL LIMITED T/A “W EXCLUSIVE WELLNESS & FITNESS GYM”
WEBSITE TERMS OF USE
Westgate Shopping Mall Limited T/a “W Exclusive Wellness & Fitness Gym” (Company Registration Number: PVT/2016/031131)
(hereinafter referred to as, "W Exclusive")
These terms and conditions are binding and enforceable against all persons that access the W Exclusive website or any part thereof (“the W Exclusive website”). If you do not agree to these terms and conditions you must leave the W Exclusive website now, as further use will automatically bind you to these terms and conditions.
Definitions and interpretation
a. "W Exclusive" means Westgate Shopping Mall Limited, a limited liability company incorporated in the Republic of Kenya under Company Registration Number PVT/2016/031131 whose address is care of Post Office Box Number 25552 - 00603 Nairobi in the said Republic;
b. "W Exclusive website" means the W Exclusive site accessible at https://wgym.co.ke/ and includes any part or element thereof;
c. "User" means any person who enters or uses the W Exclusive website, notwithstanding the fact that such a person only visited the home page of the W Exclusive website;
d. “Gym Member” means a registered member of the W Exclusive Gym;
e. “W Exclusive Gym” means the “W Exclusive Wellness & Fitness” Gym facility operating on portions of the third (3rd) and fourth (4th) floors of Westgate Shopping Mall; and
f. References herein to the singular includes the plural and vice versa.
1. General
The W Exclusive Gym was established in December 2020 as a health and fitness facility and currently operates in portions of the third (3rd) and fourth (4th) floors of Westgate Shopping Mall situate in Nairobi within the Republic of Kenya.
2. Purpose
The W Exclusive website provides information about the W Exclusive Gym including its facilities, health and fitness services offered, training schedules, online bookings in respect thereof, upcoming events held by/in relation to the W Exclusive Gym and how to register for the same and further enables Gym Member online account access. The content is provided for general information and Gym Member service purposes only.
3. Gym Member Portal Access
Gym Members may access a secure login portal to manage their online W Exclusive Gym account, book classes, reserve padel courts and view their membership information.
Gym Members agree to:
• Provide accurate login credentials;
• Maintain the confidentiality of their password; and
• Not share their account access with third parties.
W Exclusive reserves the right to suspend or restrict access to the portal if misuse or unauthorized activity is suspected.
4. Online Bookings
The W Exclusive website may allow Gym Members to make online classbookings, including online bookings for orientation sessions for new Gym Members, and also padel court bookings. Further details on bookings are provided in the Booking Policy.
5. Allowed Use & Licence
5.1. W Exclusive licenses the User to view the content of the W Exclusive website, provided that such content is used for personal and/or non-commercial purposes only.
5.2. Content from the W Exclusive website shall not be used or exploited by Users for any purposes whatsoever.
5.3. Users may only access and use the W Exclusive website for legal purposes.
5.4. If any User uses content from the W Exclusive website in breach of the provisions detailed herein:
5.4.1. W Exclusive reserves the right to claim damages from the User if the User’s wrongful actions cause loss to W Exclusive;
5.4.2. W Exclusive reserves the right to institute criminal proceedings against the User for unlawful conduct involving the W Exclusive website; and
5.4.3. W Exclusive shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
5.5. Hyperlinks to the W Exclusive website from any other source shall be directed at the home page of the W Exclusive website. W Exclusive shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the W Exclusive website, if such content was accessed through a hyperlink not directed at the home page of the W Exclusive website. Persons that wish to link to content beyond the home page of the W Exclusivewebsite shall do so at their own risk and indemnify W Exclusive against any loss, liability or damage that may result from the use of content from the W Exclusivewebsite, if such content was accessed through a hyperlink not directed at the home page of the W Exclusive website. W Exclusive’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
5.6. No person may frame the W Exclusive website, in any manner whatsoever.
5.7. Apart from bona-fide search engine operators and use of the search facility provided on the W Exclusive website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the W Exclusive website for any purposes, without the prior written consent of W Exclusive.
5.8. All licenses and/or permissions granted in terms of this clause 5 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by W Exclusive at any time without giving reasons therefore.
6. Intellectual Property Rights & Domain Name Use
6.1. All intellectual property on the W Exclusive website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics and icons are the property of or licensed to W Exclusiveand as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 5, all other rights to intellectual property on the W Exclusive website are expressly reserved.
6.2. W Exclusive Gym is a registered trademark and Users agree not to use the trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to W Exclusive at the cost of the User.
7. Software & Equipment
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the internet and the W Exclusive website and/or download content from this website.
8. Changes and Amendments
W Exclusive expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
8.1. change these terms and conditions;
8.2. change the content and/or services available from the W Exclusive website;
8.3. discontinue any aspect of the W Exclusive website or service(s) available from the W Exclusive website; and/or
8.4. change the software and hardware required to access and use the W Exclusive website.
9. Privacy
9.1. W Exclusive shall take all reasonable steps to protect the personal data of Users and for the purpose of this clause, "personal data" shall be defined as detailed in the Data Protection Act, 2019 (DPA) which may be accessed from the Kenya law website Data Protection Act - Kenya Law.
9.2. W Exclusive may electronically collect, store and use the following personal data of Users:
9.2.1. name and surname;
9.2.2. contact numbers;
9.2.3. non-personal browsing habits and click patterns;
9.2.4. e-mail address; and
9.2.5. IP address.
9.3. W Exclusive collects, stores and uses the abovementioned personal data for the following purposes:
9.3.1. communicating requested information to the User; and
9.3.2. compiling non-personal statistical information about browsing habits, click-patterns and access to the W Exclusive website.
9.4. Personal data detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie useindependently through their browser settings. Further details on cookies are provided in the Cookie Policy.
9.5. W Exclusive may collect, maintain, save, compile, share and disclose any personal data collected from Users, subject to the following provisions:
9.5.1. W Exclusive shall not disclose personal data from Users unless the User consents thereto;
9.5.2. W Exclusive shall disclose personal data without the User’s consent only through due legal process; and
9.5.3. W Exclusive may compile, use and share any personal data that does not relate to any specific individual.
9.6. W Exclusive owns and retains all rights to non-personal statistical personal data collected and compiled by W Exclusive.
Further details on processing of User personal data are provided in the PrivacyPolicy.
10. Hyperlinks to Third Party Sites
10.1. W Exclusive may provide hyperlinks to websites not controlled by W Exclusive (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
10.2. W Exclusive does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
11. Security
11.1. W Exclusive shall take all reasonable steps to secure the content of the W Exclusive website and the personal data provided by and collected from Users from unauthorised access and/or disclosure.
11.2.W Exclusive may encrypt any content or communications from and to the W Exclusive website and provide digital authentication of any page on the W Exclusive website.
11.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the W Exclusivewebsite or the server and computer network that support the W Exclusivewebsite. Notwithstanding criminal prosecution, any person who delivers any damaging code to the W Exclusive website, whether on purpose or negligently, shall, without any limitation, indemnify and hold W Exclusive harmless against any and all liability, damages and losses W Exclusive may suffer as a result ofsuch damaging code.
11.4. Users may not develop, distribute or use any device to breach or overcome the security measures of this website and W Exclusive reserves the right to claim damages from any and all persons concerned with a security failure or breach.
11.5. Any User who commits any of the offences detailed in sections 14 to 21 of the Computer Misuse and Cybercrimes Act (CAP 79C) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by W Exclusive. The Computer Misuse and Cybercrimes Act (CAP 79C) may be downloaded from: Computer Misuse and Cybercrimes - Kenya Law
12. Disclaimer & Limitation of Liability
12.1. W Exclusive shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
12.1.1. access to the W Exclusive website;
12.1.2. access to websites linked to the W Exclusive website;
12.1.3. inability to access the W Exclusive website;
12.1.4. inability to access websites linked to the W Exclusive website;
12.1.5. content available on the W Exclusive website;
12.1.6. services available from the W Exclusive website;
12.1.7. downloads and use of content from the W Exclusive website;
12.1.8. any other reason not directly related to W Exclusive’s gross negligence.
12.2. The W Exclusive website is accessible on an “as is” basis and has not been developed to meet any User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to accessing this website, that the content available from and through the W Exclusive website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
12.3. Information expressed on the W Exclusive website should not be regarded as professional advice and Users are encouraged to consult professional advice before taking any course of action related to the information expressed on the W Exclusive website.
12.4. W Exclusive does not make any warranties or representations that content and services available from the W Exclusive website will in all cases be true, correct or free from any errors. W Exclusive shall take all reasonable steps to ensure the quality and accuracy of content available from the W Exclusivewebsite.
12.5. W Exclusive does not make any warranties or representations that the W Exclusive website shall be available at all times. Users acknowledge that the W Exclusive website may be unavailable due to updates or other causes beyond the reasonable control of W Exclusive, including, but not limited to virus infection, unauthorised access, power failure or other "acts of God".
13. Removal & Correction of Content
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the W Exclusive website to W Exclusiveand W Exclusive undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
14. Interception of Communications
Subject to the provisions of the DPA and Computer Misuse and Cybercrimes Act (CAP 79C), the User agrees to W Exclusive’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the W Exclusive website.
15. Entire Agreement & Severability
15.1. These terms and conditions constitute the entire agreement between W Exclusive and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by WExclusive from the User.
15.2. Any failure by W Exclusive to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
15.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
16. User Warranty
The User agrees and warrants that data messages that are sent to W Exclusivefrom a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.
17. Applicable & Governing Law
The W Exclusive website is hosted, controlled and operated from the Republic of Kenya and therefore the Kenyan law enforced by Kenyan courts in Nairobi governs the use or inability to use the W Exclusive website, its content, services and these terms and conditions.
© 2026. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
Westgate Shopping Mall Limited T/a “W Exclusive Wellness & Fitness Gym” – Website Terms of Use