Terms and conditions

Index

Applicability

These Terms and Conditions apply to all existing and future agreements entered into between Online Calisthenics Coach and a member, unless Online Calisthenics Coach and the member agree otherwise in writing prior to the conclusion of the Agreement.

These conditions apply to all Online Calisthenics Coach participants.

Definitions

  • Online Calisthenics Coach: Online Calisthenics Coach B.V. with its registered office at Randwijk, Erfstraat 3, 6668AD.
  • Member: natural person of 18 years and older who has taken out a subscription with Online Calisthenics Coach
  • The Agreement: the Agreement between Online Calisthenics Coach and the member.

Article 1

Agreement
  1. The Agreement between Online Calisthenics Coach and the member is established through:
    1. Online registration via an online form on the Online Calisthenics Coach website.
    2. After the member has completed the first payment for the Online Calisthenics Coach period, the Agreement is valid.
  2. The Agreement is strictly personal and can only be transferred after Online Calisthenics Coach’s permission.
  3. When registering online, a member has the right to inform Online Calisthenics Coach that he/she is renouncing the Agreement, without payment of a fine and without giving a reason, within 14 days from the day following the start date (day 1) of his Online Calisthenics Coach. This does not apply to other forms of registration. The cancellation must be in writing.
  4. If the member decides to abandon the Agreement within the 14-day reflection period, Online Calisthenics Coach is entitled to charge the number of days the member has been able to use the facilities offered by Online Calisthenics Coach. .
  5. Online Calisthenics Coach only contracts with people who are at least 18 years old, at a younger age requires permission from the parents or carers, and up to 65 years old. The member guarantees that he/she gives a correct date of birth.
  6. Online Calisthenics Coach processes personal data of the member within the framework of the applicable laws and regulations regarding the protection of privacy, in particular the Personal Data Protection Act, in a manner and for the purposes as described below. How we process personal data is stated in the privacy statement.
  7. In the context of business operations Online Calisthenics Coach processes the personal data for the purposes:
    1. Invoicing
    2. Accounts Receivable
    3. Complaints handling and dispute resolution
    4. Information to the Member’s employer about the use of the membership
    5. To prevent, detect and combat fraud and irregularities
    6. For market research and commercial purposes such as sales and sales activities relating to the services of Online Calisthenics Coach and/or services of related parent and sister companies dealing with the services of Online Calisthenics Coach.
  8. Online Calisthenics Coach may provide this information within the framework of the aforementioned objectives to a third party to whom it has transferred the claim.
  9. The training plans and behavioral lessons to be used by the member during the plan and other information that can be classified as intellectual property are not regarded as personal data and as such are not subject to the General Data Protection Regulation (AVG).

Article 2

Subscription fees
  1. The Agreement is entered into for the agreed contract duration. The contract duration is at least 1 month. The contract can not be changed, paused or stopped prematurely.
  2. The starting date is determined when you register. The first payment period starts on this effective date.
  3. The payment obligation commences at the moment that Online Calisthenics Coach has received the registration.
  4. The member owes the subscription fee for the entire contract duration.
  5. Payment of the subscription fee must be made by bank transfer per period of 1 month in advance or electronically via the system of iDEAL. The general terms and conditions of iDEAL also apply to the transfer. Payment of the subscription fee must be made via the personal portal of the participant on the website. It is not possible to pay the subscription fee via the Online Calisthenics Coach app.
  6. Payment must be received by the Online Calisthenics Coach at the latest on the last day of the month. Online Calisthenics Coach is not liable for any malfunctions and / or errors that occur during the transfer of funds. In case of problems, you should contact your bank.
  7. In the event of late receipt of the amount due, the member will be sent a payment reminder. The member is given two weeks to pay the amount due. If the member is in default after this period of two weeks, the claim will be handed over for collection. All costs incurred for this are for the account of the member.
  8. Online Calisthenics Coach is entitled to terminate the relationship with the member in the event of late payment, without the payment obligation being canceled.
  9. The interim suspension of payment is not allowed.

Article 3

Services and obligations Parties
  1. Online Calisthenics Coach provides customized personal services, based on four pillars: behavior, nutrition, training and recovery.
  2. The services to be delivered by Online Calisthenics Coach are provided from the commencement date of the Agreement.
  3. Because the services of Online Calisthenics Coach are delivered online, Online Calisthenics Coach can not guarantee that its services are available at any time at any location and that this is done safely or that errors are solved or that the services / products are free are from viruses or other potentially harmful software or components.
  4. Online Calisthenics Coach will at all times handle all information received from the member in confidence.
  5. Infringement of the rights of the member must be reported by e-mail to info@hendrivermeer.com. After the report, Online Calisthenics Coach will investigate the presence of unlawful information within a reasonable time and if possible take action against it.
  6. The member is required to consult his or her doctor before starting with Online Calisthenics Coach.
  7. The member is obliged to provide accurate and correct information in general.
  8. The member has the duty not to provide material that is protected by copyright.
  9. The member declares that the information provided, such as that for registration, is correct and complete and that, if this changes, it will be modified by the member.
  10. The member may not allow third parties access to Online Calisthenics Coach through its own registration. In case of violation, the member is fully liable for direct and indirect damage.
  11. The member is fully liable for all damage to Online Calisthenics Coach and third parties, as a result of the information shared by the member.
  12. The member agrees that Online Calisthenics Coach stores, processes and uses all data generated and used by the member, as described in more detail in  3.8of these Terms and Conditions.
  13. Online Calisthenics Coach reserves the right to change or discontinue any part of, or all functionality of, one or more parts of Online Calisthenics Coach at any time for a certain period or forever. This will always be communicated to the member. As a result of this change or discontinuation, part or all of the information shared by the member may not be accessible or lost.
  14. In the event of a change as mentioned in point 13 of this article, for whatever reason, the member is only entitled to a pro rata return of the already (pre) paid amount to Online Calisthenics Coach.

Article 4

Risk and liability
  1. Online Calisthenics Coach is not liable for damage caused by the member as a result of misuse of the website.
  2. Online Calisthenics Coach is not liable for damage suffered by the member as a result of misuse of the services provided by Online Calisthenics Coach.
  3. Online Calisthenics Coach is not liable for damage resulting from incorrect data provided by the member.
  4. Online Calisthenics Coach is not liable for damage that has arisen as a result of not following up correctly the advice of Online Calisthenics Coach.
  5. Online Calisthenics Coach is not a medical organization and is not equipped to give you medical advice or to make a medical diagnosis. For specific advice you should call in the help of a general practitioner, doctor or paramedic.
  6. Online Calisthenics Coach is not liable for consequences arising from an unknown and / or concealed health aspect and is not liable for damage, injury or illness arising from or related to the use of the services provided by Online Calisthenics Coach.
  7. In all cases in which there may be liability on the part of Online Calisthenics Coach, the liability of Online Calisthenics Coach is limited to the amount that is paid in a specific case by the liability insurer of Online Calisthenics Coach. In the event that the liability insurer of Online Calisthenics Coach makes no payment, the liability of Online Calisthenics Coach is limited to five times the amount charged by the Online Calisthenics Coach to the member.
  8. Online Calisthenics Coach does not accept any liability for material or immaterial damage as a result of accident or injury to the participant and / or third parties, arising in any way whatsoever.
  9. Online Calisthenics Coach and all its employees accept no liability for damage, loss or theft of property belonging to the member and / or third parties.
  10. The member is liable for damage to property of Online Calisthenics Coach if this damage is due to negligence and / or fault of this member.

Article 5

End
  1. A membership ends automatically after expiry of the contract duration.
  2. The member can not terminate his / her membership prematurely.
  3. Temporary suspension of the subscription is only permitted in case of long-term illness under the following conditions:
    1. Suspension is only possible after consultation of a medical certificate from a doctor
    2. Suspension is never possible with retroactive effect
    3. The payment obligation of the member is suspended for the actual duration of the suspension
    4. The end date of the membership is postponed with the term equal to the suspension.

Article 6

Intellectual property
  1. By acceptance of these Terms and Conditions is expressly acknowledged by the member that all designs, information, images and other content are the Product Property of Online Calisthenics Coach and are protected by the relevant intellectual property rights, including but not limited to copyright, trademark rights, database rights, neighboring rights, patents and design rights.
  2. Online Calisthenics Coach grants the member a limited, personal, non-exclusive, non-sublicensable, non-transferrable and revocable (Online Calisthenics Coach) right to use the products and services of Online Calisthenics Coach for personal purposes and under the conditions as stated in these Terms and Conditions.
  3. Upon termination of the membership (after expiration of the contract term or in case of premature termination by Online Calisthenics Coach on the basis of Article 8.3) the right of the member to use making the products and services supplied by Online Calisthenics Coach. The member can then no longer log in to his / her account. The products and services delivered during the term of the membership remain the property of Online Calisthenics Coach will not be made available to the member after the end of the contract.
  4. When in an agreement between Online Calisthenics Coach and a third party, a license agreement for one or more of the products or services of Online Calisthenics Coach is agreed, this concerns a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to use the products and services in question.
  5. The member is expressly prohibited from copying, modifying, disclosing, publishing, disclosing, publishing, publishing, using, for direct or indirect commercial purposes, designs, information, images and other content of Online Calisthenics Coach, unless explicitly agreed in writing with Online Calisthenics.

Article 7

Communication
  1. Communication can take place in various ways by Online Calisthenics Coach, such as update notifications or reminders, e-mail or otherwise.
  2. The member agrees that Online Calisthenics Coach may contact the member for changes or updates to the services, if deemed necessary.
  3. The member agrees that Online Calisthenics Coach may approach the member for commercial purposes. The member has the opportunity to make known a first approach after receiving it in the future.
  4. Within the services of Online Calisthenics Coach, members can communicate among themselves, for example by posting comments or sending messages. The member declares not to send spam or other unwanted announcements, commercial or otherwise, including but not limited to threatening, aggressive, obscene, libel, infringing, privacy-infringing or advertising-containing statements. Acting in violation of these conditions may result in immediate denial of access to and use of the services of Online Calisthenics Coach and termination of the user license.
  5. Online Calisthenics Coach is at all times free to remove user communications or other parts of the shared information without further notice if the content of these communications and information justifies its removal.

Article 8

Final provisions
  1. These terms and conditions and all agreements entered into by or with Online Calisthenics Coach are governed exclusively by Dutch law.
  2. All disputes arising from the agreement between Online Calisthenics Coach and a member will be submitted to the competent court in the Netherlands.
  3. By entering into a membership, the member declares to know and accept the General Terms and Conditions so that these terms and conditions form a whole with the registration as referred to in article 3.1of these Terms and Conditions and thereby together form the agreement.
  4. Online Calisthenics Coach is entitled to change the Terms and Conditions. Changed Terms and Conditions apply to new members and to members whose membership is renewed.