The general terms and conditions of We Move Sports
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
Account: the personal digital environment on the website to which the user has access, in order to use the service.
Terms and Conditions: these terms and conditions.
Contents: the entirety of information made available to the user by wemovesports.nl via the website, including but not limited to exercises, training courses, videos, images and texts.
Shift: the user environment on wemovesports.nl. The offered online platform on which users can log in and use the functionalities offered.
User / client: the natural person who has created an account for the use of the service. This can be an individual trainer or coach, but also a representative of an association or institution.
Contractor: We Move Sports
Intellectual property: All rights of an intellectual or industrial nature with regard to the service and the website as well as the content made public via the website.
Agreement: These general terms and conditions apply to every offer, quotation and agreement between We Move Sports, hereinafter referred to as: “Contractor”, and a Client to which the Contractor has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly stated in writing by the parties. deviated.
Website: the platform of wemovesports.nl that is available via the website user environment on wemovesports.nl and underlying pages.
Article 2. General
- 1. These general terms and conditions apply to every offer, quotation and agreement between We Move Sports, hereinafter referred to as: “Contractor”, and a Client to which the Contractor has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly agreed by the parties. deviated from in writing.
- 2. The present terms and conditions also apply to agreements with the Contractor, for the execution of which the Contractor must involve third parties.
- 3. The applicability of any purchase or other conditions of the Client is expressly rejected.
- 4. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The Contractor and the Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
- 5. If there is a lack of clarity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be made 'in the spirit' of these provisions.
- 6. If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- 7. If the Contractor does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Contractor would to any extent lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. .
Article 3. Access to the service
- 1. User gains access to the service by registering an account in the manner described on the Website. After registration, the user gains access to the service after creating the specific user environment for the user.
- 2. User guarantees the correctness of the data required for the registration of the account.
- 3. User declares to have reached at least the age of 16 (sixteen). User who has not reached the age of 16 (sixteen) declares to have express permission from the user's parents or guardian for registering the account and using the service.
Article 4. Use of the service
- 1. The Service consists of the User gaining access to the Website, on which the User can use exercises and videos to provide training.
- 2. Under the conditions as stated in these Terms and Conditions and for the duration of the account, wemovesports.nl grants the User a limited, personal, revocable, non-exclusive and non-transferable right to use the service, including the website and the to use content.
- 3. Without prejudice to the other provisions of these General Terms and Conditions, the user's activities in the context of the service, including the use of the website and communication with others via the service, may not:
- are based on falsehoods and/or are misleading;
- contain viruses, Trojan horses, worms, bots or other software that can damage, make unusable or inaccessible, erase or appropriate an automated work or that are intended to provide technical protection measures of the website and/or the computer systems of the bypass service;
- consist of the use of any software and/or hardware tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at taking over any content made accessible via the service, or to Spider, scrape, search or otherwise use and/or view the website in any other way;
- have a commercial or promotional character, unless wemovesports.nl has given written permission for this;
- infringe the rights of wemovesports.nl and/or third parties, including but not limited to Intellectual Property and rights with regard to the protection of privacy;
- are otherwise unlawful in any way;
- could harm the interests and reputation of wemovesports.nl.
Article 5. Service availability
- 1. wemovesports.nl provides the service on the basis of a best efforts obligation. wemovesports.nl does not guarantee that the website and the service will be accessible at all times and without interruptions and/or malfunctions. wemovesports.nl is in no way liable or liable for damages towards the user for any damage that arises from or is the result of the (temporary) unavailability or (interim) failure of the service.
- 2. User is responsible for the purchase and/or proper functioning of the infrastructure and proper telecom facilities (including internet connection) that are necessary for the use of the service.
- 3. wemovesports.nl is at all times entitled, without prior notification and without being liable to pay compensation to the user, to (temporarily) disable the service, the website and/or the content or parts thereof and/or use them. limit if necessary in its opinion.
- 4. wemovesports.nl is in no way liable for services offered by third parties in the context of the website and the service.
Article 6. Payment
- 1. For the use of the Service, the User may owe a periodic or one-off fee based on the rates set by wemovesports.nl and other agreements. The rates are expressed in Euro (EUR). Unless otherwise indicated, all rates include VAT and other government levies.
- 2. The rate is based on the total number of subscriptions specified by the user. Only 1 membership per sport, per user can be purchased.
- 3. If there is a periodic payment obligation, wemovesports.nl is entitled to adjust the applicable prices and rates within a period of at least three months. If the user does not wish to agree to such an adjustment, the user may terminate the account by the date on which the adjustment would take effect.
- 4. Payment takes place in the manner as described on the website. If a periodic payment has been agreed and/or is not or cannot be paid by direct debit, the user will pay within the term stated on the invoice. If no payment term is stated or otherwise agreed in writing, payment will be made within fourteen (14) days of the invoice date.
- 5 If after the expiry of the term wemovesports.nl has not yet received (full) payment, the user is immediately in default, without prior notice of default being required. From the moment of default, the user owes the statutory interest on the amount owed. If the user continues to fail to pay the claim after a reminder or notice of default, wemovesports.nl can hand over the claim. In that case, all costs incurred by wemovesports.nl in connection with late payments will be borne by the user. These costs amount to 15% of the amount due, with a minimum of EUR 25.
- 6. In the event of default, wemovesports.nl is entitled to terminate or suspend or limit access to the account and use of the service with immediate effect until the payment obligation has been met.
- 7. Complaints with regard to invoices and/or services do not suspend the payment obligation
- 8. Lifetime access stands for 99 years. We work with dozens of trainers and coaches who provide content on our website. Should a trainer or coach want to remove the content for whatever reason or if We Move Sports has to remove exercises for policy or legal reasons, the offer may be reduced. In this case, We Move Sports is not liable for the amount of exercise material that is online, which can be used at that time according to the membership.
Article 7. Confidentiality and personal data
- 1. wemovesports.nl, its staff and/or persons working for wemovesports.nl will treat the information provided by the user confidentially. wemovesports.nl complies with the applicable privacy legislation.
- 2. The user gives wemovesports.nl full permission for the processing of personal data in connection with the registration of the account or the use of the service.
Article 8. Intellectual Property
- 1. The Intellectual Property rests with wemovesports.nl and/or its membership holders. Nothing in the Terms and Conditions is intended to transfer any rights to user.
- 2. The goods delivered by the Contractor under the agreement remain the property of the Contractor until the Client has properly fulfilled all obligations under the agreement(s) concluded with the Contractor.
- 3. Items delivered by the Contractor, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or in any other way encumber that which falls under the retention of title.
- 4. The Client must always do everything that can reasonably be expected of it to safeguard the Contractor's property rights. If third parties seize the goods delivered subject to retention of title or wish to establish or enforce rights thereon, the Client is obliged to inform the Contractor of this immediately. Furthermore, the Client undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to the Contractor on first request. In the event of any payment from the insurance, the Contractor is entitled to these tokens. To the extent necessary, the Client undertakes to the Contractor in advance to cooperate with everything that may (prove) be necessary or desirable in that context.
- 5. Insofar as not explicitly permitted on the basis of the General Terms and Conditions, the user may not, without the prior written consent of wemovesports.nl:
- – download, copy, transfer, reproduce, edit or distribute (parts of) the service, the website and/or content in any way, in any form and for whatever purpose;
- – request or reuse substantial parts of the website and/or content or repeatedly and systematically request or reuse non-substantial parts of the website and/or content as referred to in the Database Act;
- – remove, obscure, hide or alter any notices or notices regarding Intellectual Property;
- – register domain names, brands or Google Adwords related to the service.
Article 9. Warranties and indemnities
- 1. The service only contains the functionalities, content and other properties as found by the user at the time of use.
- 2. wemovesports.nl makes no guarantees, undertakings or indemnities with regard to the quality, safety, legality, completeness, integrity and correctness of the content and the service, unless stated otherwise in the General Terms and Conditions. wemovesports.nl is not obliged to add certain Content on request.
Article 10. Liability
In the event that wemovesports.nl is liable for damage to the user, the liability, regardless of the basis of liability, is in all cases limited to:
- 1. Direct damage (liability for indirect damage - such as consequential damage, delay damage, loss of profit and lost turnover - is therefore excluded); and
- 2. The fees paid to wemovesports.nl in the current calendar year for the use of the Service from which the liability of wemovesports.nl arose.
- 3. Paragraph 1 does not apply only in the event of intent or gross negligence on the part of the most senior management personnel of wemovesports.nl.
The limitation of liability described in this article also extends to all persons whom wemovesports.nl uses.
- 1. If the Contractor is liable for any damage, the Contractor's liability is limited to a maximum of twice the invoice value of the order, at least to that part of the order to which the liability relates.
- 2. The Contractor's liability is in any case always limited to the amount paid out by its insurer, where appropriate.
Article 11. Indemnification
- 1. The Agreement is entered into for an indefinite period of time. The user can terminate the agreement at any time by sending an e-mail or letter to the contact details stated on the website, stating 'cancel subscription'. In the event of termination by the User, the User owes the compensation up to and including the current month.
- 2. An Account can be removed by sending an e-mail or letter to the contact details stated on the website, stating 'delete account'. Deletion of an Account also implies cancellation of the current subscription. An account will be deleted 2 years after the last subscription has ended.
- 3. wemovesports.nl is at all times entitled to (partially) cancel the agreement without stating reasons and without observing a notice period. In the event of cancellation by wemovesports.nl, the user owes a maximum of the compensation up to the moment of cancellation.
- 4. In addition to the other (legal) remedies available to wemovesports.nl, wemovesports.nl is entitled at all times, without stating reasons and without prior explanation, to (temporarily) limit, suspend or disable the service. use, delete the account temporarily or permanently, issue a warning, terminate service and refuse to provide the service, in particular - but not limited to - if:
- The User acts contrary to the General Terms and Conditions in any way;
- wemovesports.nl is of the opinion that the actions of the user can cause damage to wemovesports.nl or third parties;
- Upon termination of the agreement, for whatever reason, the user's right to use the service lapses immediately and access to the service is immediately denied.
- 5. wemovesports.nl will delete the account upon cancellation.
- 6. wemovesports.nl is not obliged to provide any content to the user after termination of the agreement.
Article 12. Forum and applicable law
- 1. The agreement is governed by Dutch law.
- 2. All disputes between wemovesports.nl and the user will be settled exclusively by the competent court within the district of Amsterdam, the Netherlands.
- 3. All legal relationships to which the Contractor is a party are exclusively governed by Dutch law, even if an obligation is wholly or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
- 4. The court in the Contractor's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the Contractor has the right to submit the dispute to the competent court according to the law.
- 5. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.