Terms & Conditions
- Introduction
If you place an order for one of our products via Eevvoo.com, the (future) Eevvoo app (the “App”) or via another affiliated website (collectively the “Platform”), where we refer to these Terms and Conditions, after you have received confirmation that your order has been accepted, a purchase agreement is concluded between you and Eevvoo, located at Kleiwerd 102, 9746 CV Groningen, the Netherlands, registered under VAT number NL 850XXXXXXX. These General Terms and Conditions, and in particular the Product Sales Conditions below, apply to this agreement.Registration is required to use some of our services, such as following a training program or registering for our events. When you register your details online, you must ensure that this information is accurate and up to date and that it is a true representation of your personal details. By registering, you enter into an agreement with the above-mentioned legal entity Eevvoo. Your registration entitles you to a free basic membership with Eevvoo. In addition to the basic membership, you can also take out paid memberships. These terms and conditions, and in particular the Membership Terms and Conditions (Chapter 3) and Terms of Use (Chapter 5), apply to both types of membership. You can cancel your membership at any time. In the case of a paid membership, a notice period may apply.
If you participate in an Eevvoo event, registration via the Platform is required. In addition to the membership terms and conditions, the Event Terms and Conditions (Chapter 4) also apply to your registration for and participation in the event in question.
With these Terms and Conditions, we strive for transparency and clarity. Please feel free to contact us if you have any questions.
Kaas BV is the parent company of Eevvoo, which comprises several affiliated companies, including Eevvoo (hereinafter referred to as: “Eevvoo/we/us”).
- Product Sales Terms and Conditions
- Applicability
- These terms and conditions of sale apply to every offer made by us and agreements relating to the sale and delivery of products between you and us.
- You agree to these terms and conditions of sale when you (i) order a Product via the Platform, (ii) order a Product via a web page directly linked to the Platform, or (iii) accept an offer for a product from us.
- In the event that specific product terms and conditions apply in addition to these General Terms and Conditions, the previous paragraph shall apply mutatis mutandis and, in the event of conflicting terms and conditions, you may always invoke the applicable provision that is most favorable to you.
- These terms and conditions of sale may only be deviated from with our written consent.
- The Offer
- Our offering may include various types of products and/or services, including: physical products that may or may not have been designed and manufactured entirely by us (“Standard Products”); (2) physical products that are designed by us but can be personalized or customized by you by adding your own content, such as your name (“Custom Products”); (3) products that are digitally produced and/or delivered by us, such as workouts and training schedules and/or coaching (“Digital Products”); (4) guidance, support, and motivation for athletes and sports enthusiasts in achieving their goals (“Services”); and (5) physical and electronic gift cards, regardless of whether these gift cards are personalized if that functionality is offered (“Gift Cards”), collectively referred to as: “products“.
- If an offer has a limited period of validity or is subject to conditions, such as the number of products per consumer from a “limited edition” or “limited production” series, this will be explicitly stated in the offer.
- Each offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable an informed assessment of the offer. If we use images, these provide a realistic picture of the products offered. Obvious mistakes or errors in the offer are not binding on us.
- Minor color variations and other differences in products may occur due to differences in image capture, display technologies, or other technical factors. Eevvoo cannot be held liable for such differences and deviations.
- Each offer contains such information that it is clear to you what rights and obligations are attached to the acceptance of the offer.
- The training schedules and workouts offered via our Platform are based on general principles and the information you provide. The use of these schedules and workouts is at your own risk and responsibility. We offer these services as a best-efforts obligation, which means that we are committed to providing you with the best possible guidance based on our knowledge and experience. However, we do not guarantee specific results, such as performance improvements or the achievement of personal goals, as these depend on various factors such as your commitment, physical/mental condition, circumstances, and compliance with the schedules. Eevvoo cannot be held liable for failure to achieve the intended goals.
- No rights can be derived from typographical errors, product descriptions, or obvious errors on the Platform.
- Conditions for concluding an agreement
- You must be 18 years of age or older to purchase products through the Platform.
- You reside outside the United States of America and Canada.
- You may only place orders via the Platform as a consumer, not as a reseller.
- You declare that the information provided to us for your order or request is complete and correct.
- The agreement
- Subject to the provisions of paragraphs 2 and 3, the agreement is concluded at the moment you accept the offer and meet the conditions set out therein.
- We will send you immediate confirmation of your acceptance of the offer. As long as you have not yet received this confirmation, you can terminate the purchase agreement.
- We reserve the right to decide at our own discretion not to accept (part of) your order. Possible reasons for this are:
a.We are unable to obtain approval for your payment.b.Technical reasons prevent the processing of your order.c.The product displayed on the Platform is no longer available.d.Shipping restrictions apply to this product.e.There are indications or reasonable suspicion that the order was placed using Software, a robot, crawler, spider, or other automated means or devices.g.The order was placed from the United States of America or Canada.
- In the cases mentioned above under a to g, we reserve the right to cancel your order after the purchase agreement has been concluded and to terminate the purchase agreement. After cancellation, we will of course refund the amount you paid for the canceled order (or the canceled part).
- Within legal frameworks, we may inform ourselves whether you are able to meet your payment obligations, as well as all facts and factors that are important for entering into the distance contract in a responsible manner. If, based on this investigation, we have good grounds for not entering into the agreement, we are entitled to refuse an order or request, stating our reasons, or to attach special conditions to the execution. If we have not confirmed your order within ten working days, it will be deemed to have been refused.
- We have taken appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If you can pay electronically, we will take appropriate security measures to do so.
- We will send you the following information in writing or digitally no later than upon delivery of the product:
1.the conditions under which and the manner in which you can exercise your right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;2.information about warranties and existing after-sales service;3.the price including all taxes of the product; where applicable, the delivery costs; and the method of payment, delivery, or performance of the agreement;4.the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;5.if you have a right of withdrawal, the model withdrawal form.
- In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
- You expressly agree that a service or delivery of a digital product will commence when you download it or accept Eevvoo as a coach and we link the services to your account.
- Delivery and execution
- We take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
- We deliver the products to the address you specify. We can only deliver to a home or office address or a carrier’s collection point if this option is available. Digital products can be downloaded from your own account page on the platform.
- You agree that, if delivery is unsuccessful, the carrier engaged by us may also deliver the products to a neighboring address or collection point. Eevvoo will then be deemed to have fulfilled its delivery obligation. You will be informed by the carrier about delivery to the neighboring address or collection point.
- We will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. We ship orders on working days, with the exception of public holidays in the region where our warehouse is located. Please also take into account national and/or regional holidays in your country. Delivery takes place on working days, with the exception of public holidays, which may vary from country to country and from year to year.
- If delivery is delayed or if an order cannot be fulfilled or can only be partially fulfilled, you will be notified no later than 30 days after placing the order. In that case, you have the right to terminate the agreement without incurring any costs and are entitled to compensation. After termination, we will refund the amount you have paid without delay. For more information about delivery times, please visit our help page about delivery.
- Please note that custom-made products have different delivery times. If you have a combined order of standard and custom-made products, the entire order will take longer. Custom-made products may be delivered separately from the other products in your order.
- In order to deliver your products as quickly as possible, we may choose to deliver your order in parts. There are no additional costs for these partial deliveries. However, if you have expressly requested delivery in parts, we may charge additional delivery costs for this. Each partial order constitutes a separate purchase agreement. If we deliver a part late or if there is an incorrect partial delivery, this does not entitle you to cancel any other parts of the order.
- In the unlikely event that, through no fault of our own, we are unable to deliver (part of) your order after the purchase agreement has been concluded, we have the right to terminate the purchase agreement. We will, of course, inform you of this as soon as possible, after which any amounts already paid will be refunded to you.
- The risk of damage and/or loss of products rests with us until the moment of delivery to you or a representative designated in advance and made known to us, unless expressly agreed otherwise.
- Delivery times are indicative and therefore do not constitute a deadline for delivery. The fact that a delivery period has been exceeded does not in itself entitle you to compensation.
- Retention of ownership
- All products remain the property of Eevvoo until you have paid all amounts due under one or more agreements in full, including the costs of previous or subsequent deliveries or partial deliveries. You may not sell, transfer, or encumber the products until full ownership has been transferred to you.
- Canceling an order
- Regardless of your right of withdrawal, it is possible to cancel an order for standard and digital products in limited cases.
- The Price
- The prices quoted include VAT. Prices are quoted in euros (€).
- During the period of validity stated in the offer, we will not increase the prices of the products offered, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, we may offer products whose prices are subject to fluctuations in the financial market and over which we have no influence at variable prices. This dependence on fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
- We reserve the right to change, limit, or terminate special offers or discounts at any time.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if this has been stipulated and:
1.these are the result of legal regulations or provisions;2.you have the right to terminate the agreement with effect from the date on which the price increase takes effect.
- We may charge delivery costs. Delivery costs vary per product and per type of delivery. Any delivery costs will be charged separately, specified, and added to the total amount of the order. For more information about delivery costs, please visit our help page about delivery.
- Payment
- Eevvoo reserves the right to perform an individual credit check for each order within the legal framework in accordance with Eevvoo’s Privacy Statement. Depending on the outcome, Eevvoo reserves the right to refuse certain payment methods.
- Unless otherwise specified in the agreement or additional terms and conditions, the amounts owed by you must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after you have received confirmation of the agreement. For more information about payment options, please also refer to our help page about payments.
- We will never require you to make an advance payment of more than 50% when selling a product to you. in the General Terms and Conditions. If advance payment has been stipulated, you cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- You are obliged to report any inaccuracies in the payment details provided or stated to us immediately.
- If you do not meet your payment obligation(s) on time, after we have notified you of the late payment and given you a period of 14 days to still meet your payment obligations, and after the payment has not been made within this 14-day -term, you will owe statutory interest on the amount still due and we will be entitled to charge you the extrajudicial collection costs incurred by us. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500, and 5% on the next €5,000, with a minimum of €40. We may deviate from the aforementioned amounts and percentages in your favor.
- Invoices
- If we choose or are legally required to issue or make available an invoice, we reserve the right to do so in electronic form, and you agree to this.
- Special features for custom products
- For most custom products, you can add a combination of letters, spaces, and numbers to personalize your product. Please note that some special characters are not supported by our system. We reserve the right, at our sole discretion, to reject your customization, for example because it contains a third-party trademark, or the names of sports teams, athletes, or celebrities (living or deceased) for which you (or Eevvoo) do not have the right of use, or because it contains material that we consider inappropriate. So please keep it clean.
- If we reject your customization, you will be notified by email as soon as possible. In that case, your order will be canceled. In addition, Eevvoo has the right to claim compensation equal to the value of the products ordered.
- When you place an order for customized products:
1.You declare and guarantee that the names, words, or phrases that you use, upload, supply, copy, or otherwise publish for the purpose of your customized product are your own creation. If this is not the case, you hereby declare that you are authorized to use the design or personalization created by another party.;2.You indemnify and hold harmless Eevvoo and its affiliated companies against all costs, expenses, damage, loss, and liability incurred or suffered by Eevvoo or its affiliated companies as a result of names, words, or phrases used, uploaded, supplied, copied, or otherwise made public by you (including on your customized product);3.You grant Eevvoo and its affiliated companies a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable right to use, reproduce, publish, and modify the names, words, or phrases you provide for the purpose of fulfilling your order; and/or4.Insofar as the order concerns custom-made products, you do not have a cooling-off period, right of withdrawal, right of return, or right of termination (Art. 6:230p sub f under 1° BW).
- Right of withdrawal
For standard products:
- You may terminate an agreement relating to the purchase of a standard product during a cooling-off period of 14 days without giving any reason. We may ask you for the reason for withdrawal, but you are not obliged to state your reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after you, or a third party designated by you in advance, who is not the carrier, has received the product, or:
1.if you have ordered multiple products in the same order: the day on which you, or a third party designated by you, received the last product. We may refuse an order for multiple products with different delivery times, provided that we have clearly informed you of this prior to the ordering process;2.if the delivery of a product consists of multiple shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;3.in the case of agreements for the regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product.
- The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you, not being the carrier, took possession of the products, or, if your order contained multiple products that are delivered separately, the day of delivery of the last product(s) within this order (“withdrawal period”).
- Following on from the previous paragraph, for digital products, the fourteen (14) day withdrawal period commences on the day following the conclusion of the agreement. For digital products and services that are not delivered on a tangible medium.
- You may terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium within 14 days, starting on the day following the conclusion of the agreement, without giving any reason.
- We may ask you for the reason for withdrawal, but you are not obliged to state your reason(s).
- The cooling-off period referred to in paragraph 2.12.5 commences on the day following the conclusion of the agreement.
- Obligations during the cooling-off period
- During the cooling-off period, you must handle the products and their packaging with care. Products may not be used or damaged (except in the sense of normal use to view them). Products may only be unpacked and used to determine the nature, characteristics, and functioning of the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a store.
- You are only liable for any reduction in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
- Exercising the right of withdrawal and the costs thereof
- To exercise your right of withdrawal, you must notify us within the cooling-off period using the model withdrawal form (Appendix 1) or in another unambiguous manner. You will receive confirmation of receipt immediately after we receive this notification.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, you must return the product in suitable packaging, or hand it over to us (or our representative). You will have complied with the return period in any case if you return the product before the cooling-off period has expired.
- You shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us.
- You bear the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
- You bear the direct costs of returning the product(s), unless it has been agreed in writing to deviate from this..
- All payments you have made, including any delivery costs charged by us for the returned product, will be refunded immediately, but no later than 14 days after the day on which you notify us of the cancellation. We may withhold the refund until we have received the product or until you have demonstrated that you have returned the product, whichever is earlier.
- For this refund, we will use the same payment method you used for the original transaction, unless we agree on a different payment method with you; in any case, we will never charge you for such refunds.
- If you have opted for a more expensive method of delivery than the cheapest standard delivery, we reserve the right not to refund the additional costs for the more expensive method.
- If you withdraw after first expressly requesting that the performance of the service or delivery commence during the cooling-off period, you owe Eevvoo an amount proportional to that part of the commitment that we have fulfilled at the time of withdrawal, compared to the full fulfillment of the commitment.
- You will not incur any costs for the performance of services or delivery if:
1.We have not provided you with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;2.You have not expressly requested the commencement of the performance of the service or delivery during the cooling-off period.
- You will not incur any costs for the full or partial delivery of digital content that is not delivered on a tangible medium, if:
1.Prior to delivery, has not expressly agreed to commence performance of the agreement before the end of the cooling-off period.;2.you have not acknowledged that you lose your right of withdrawal when giving your consent; or3.we have failed to confirm this statement from you.
- If you exercise your right of withdrawal, all additional agreements will be dissolved by operation of law.
- Exclusion of right of withdrawal
- The following products and services may be excluded from the right of withdrawal, provided that this is clearly stated in the offer or at the latest prior to the conclusion of the contract:
1.Products whose price is linked to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;2.Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content, and/or services are offered by us to you who are personally present or have the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;3.Service agreements, after full performance of the service, but only if:a.the implementation has begun with your express prior consent; andb.You have declared that you lose your right of withdrawal as soon as we have fully performed the agreement;c.You have stated that you lose your right of withdrawal once we have fully performed the contract;7.Package tours as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;8.Service agreements for the provision of accommodation, if the agreement specifies a particular date or period of performance and other than for residential purposes, goods transport, car rental services, and catering;9.Agreements relating to leisure activities, if the agreement specifies a particular date or period for their performance;10.Custom-made products manufactured according to your specifications, which are therefore not prefabricated and are based on your individual choice or decision, or which are clearly intended for a specific person;11.Products that spoil quickly or have a limited shelf life;12.Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;13.Products that, due to their nature, are irrevocably mixed with other products after delivery;14.Alcoholic beverages whose price was agreed upon at the time of concluding the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which we have no influence;15.Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;16.Newspapers, periodicals, or magazines, except for subscriptions to them;17.The delivery of digital content other than on a tangible medium, but only if:a.You have declared that you thereby lose your right of withdrawal.
- The following products and services may be excluded from the right of withdrawal, provided that this is clearly stated in the offer or at the latest prior to the conclusion of the contract:
- Applicability
- Membership Terms and Conditions
Please read these terms and conditions carefully before registering on the Platform.
- Applicability
- These Membership Terms and Conditions apply to any agreement relating to the sale and delivery of memberships between you and us.
- You agree to these Membership Terms and Conditions when you: (i) register on our Platform, (ii) take out a membership via our Platform, (iii) order a membership via a web page that is directly linked to our Platform, or (iiii) accept an offer for membership from us.
- If specific Membership Terms and Conditions apply in addition to these General Terms and Conditions, the above also applies. In the event of conflicting terms and conditions, you have the right to invoke the provision that is most favorable to you.
- Deviations from these Membership Terms and Conditions are only valid if they have been approved by us in writing.
- Your membership only relates to the type of membership you have chosen. These Membership Terms and Conditions apply to all memberships that you can take out with us.
- Deviations from these terms and conditions of sale are only possible if agreed with us in writing.
- The Membership
- There are different types of membership: (a) a free membership that you receive when you register on the Platform to access basic Eevvoo services such as downloading workouts and accessing events (“Basic Membership”); an extended membership that, in addition to the options offered by the basic membership, also allows you to switch between different training schedules and gives you access to coaching assistance for the duration of your registration (“Premium Membership”); and a membership that gives you the options of the premium membership and customization (“Elite Membership”), collectively referred to as: “memberships”.
- Your membership only relates to the membership type you have chosen. These Membership Terms and Conditions apply to all memberships you can take out with us.
- If you do not agree to these Membership Terms and Conditions, you are not entitled to membership, you do not have access to the Platform, and you may not use the Platform..
- Membership rights
- Eevvoo reserves the right to change, withdraw, and/or replace products or benefits that are part of the membership from time to time with alternative products or benefits instead of the products or benefits advertised in promotional material.
- We reserve the right to suspend, withdraw, rename, or rebrand membership products and benefits at any time. In this case, we will not issue a refund.
- Access to membership benefits does not guarantee product availability..
- Registration And Account
- In order to take advantage of the benefits and/or services associated with membership, you must register. In doing so, you agree to: (a) provide correct, accurate, current, and complete information about yourself (“user data”) and (b) maintain and promptly update the user data. You become a member once the registration form has been completed correctly and Eevvoo has accepted your registration.
- Our memberships are intended exclusively for persons aged 18 years or older.
- You grant Eevvoo permission to use your user data for the provision of services that you consult or use, as described in these terms and conditions and our privacy policy.
- You agree to create only one account for personal use and not to share your account or Eevvoo membership with others.
- It is your responsibility to keep your password confidential and to restrict access to your password, computer, and mobile device while you are logged into the services. For security reasons, the use of unique and complex passwords is highly recommended.
- You agree to notify Eevvoo immediately if you notice any unauthorized use of your account or password or any other breach of security, and you acknowledge that you understand all risks of unauthorized access to user data and other information or content you provide to Eevvoo.
- We reserve the right to refuse or terminate membership in the event of a violation of our rules of conduct or terms and conditions.
- Members have access to an active community, exclusive products, and organized events through our Platform.
- Your membership is non-transferable and you will not transfer or resell it.
- Rates, payment, and consequences of late payment
- All membership types have their own rates. If you have registered for a paid membership, the costs will be automatically invoiced at the beginning of each term. The rates for each membership type will be clearly communicated to you when you sign up for membership.
- Each year, as of January 1, Eevvoo has the right to increase its rates by a maximum of 5%. You may terminate your membership as of the effective date of the increase if you do not agree with the increase.
- Prices include VAT. Any new VAT rate increases may be passed on by Eevvoo to the membership fees from the moment the rates come into effect.
- If you fail to meet your payment obligations, or fail to do so on time or in full (this also includes the withdrawal of a direct debit authorization and 2 reversals of (part of) the payment), Eevvoo has the right to suspend the agreement until the amount due has been paid (the member will temporarily have no access to the gym), as well as the right to terminate the agreement. Eevvoo is not required to notify you in advance or send a notice of default prior to suspending or terminating the agreement. Upon termination of the agreement, the membership fees for the month in which the termination takes place will become due and payable..
- If you fail to meet your payment obligation, or fail to do so on time or in full, you will be in default (final deadline) three days after the purchase date, without further notice of default being required. Once the claim has become due and payable, Eevvoo has the right to increase the claim by the statutory interest rate of 1.5%. In addition, the compensation will be increased by all extrajudicial collection costs and legal assistance costs.
- Cancellation within the cooling-off period
- You have the right to withdraw from your agreement with us within fourteen (14) days from the day on which the agreement was entered into (“withdrawal period”) without giving any reason and free of charge.
- To comply with the withdrawal period, you must notify us before the withdrawal period expires that you are exercising your right of withdrawal.
- Your right to cancel free of charge will lapse if you have already redeemed the benefits of your membership. Exceptions to this are: pregnancy, serious illness or injury, moving home or office more than 5 miles away, or the closure of your local clubhouse.
- Benefits include but are not limited to the following: exclusive Eevvoo kit and products, schedules, partner offers and collaborations, half-price hot drinks, bike rental, and insurance.
- All requests to cancel membership must be sent by email to Eevvoo: membership@eevvoo.com within the specified period.
- You can use the standard cancellation form in Appendix 1 to these Terms and Conditions, but this is not mandatory.
- Upon receipt of your cancellation, we will send you confirmation by email..
- Canceling your membership outside the cooling-off period
- Cancellation of your membership must be communicated in a timely manner through the designated channels. You will receive confirmation of your cancellation from us.
- The cancellation of your membership will take effect at the end of your current billing period.
- When your membership expires, your account will remain active and will automatically become a free basic membership.
- You can renew your membership at any time without opening a new account. However, it is possible that the membership fees may have increased in the meantime..
- The consequences of your withdrawal
- If you cancel the agreement, the benefits of your membership will lapse and it will be converted to a basic membership.
- The provisions of the Privacy Statement apply to the consequences of revocation with regard to data that is considered personal data.
- Execution (for paid memberships)
- We exercise the utmost care in receiving and executing your membership of products and in assessing applications for the provision of services.
- Eevvoo executes the membership to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- We reserve the right to have the agreed services performed (in part) by third parties.
- The membership will be implemented in mutual consultation and after written (digital) agreement and payment of any agreed advance by the customer.
- It is your responsibility to ensure that the membership can commence on time.
- If you have not ensured that we can commence the membership on time, you will be responsible for any additional costs incurred as a result.
- The memberships only entail an obligation of effort on our part and no obligation of result.
- Applicability
- Event Terms And Conditions
- Applicability
- These event terms and conditions apply to every agreement relating to registration for and participation in our events.
- You agree to these event terms and conditions when you: (i) register for an event via our Platform, (ii) register for an event via a web page that is directly linked to our Platform, or (iii) participate in the event for which you have registered.
- If specific event terms and conditions apply in addition to these General Terms and Conditions, the above also applies. In the event of conflicting terms and conditions, you have the right to invoke the provision that is most favorable to you.
- Deviations from these event terms and conditions are only valid if they have been approved by us in writing.
- The Events
- There are various types of events: (a) events where participants complete a workout or engage in sports together (“Sports Events”); events where participants can get to know Eevvoo and other athletes, for example, or where people come together outside of sports (“Social Events”); events that are educational in nature, such as workshops, clinics, or lectures (‘Educational Events’); events that support athletes, such as training camps or test days (‘Support Events’). Collectively referred to as ‘Events’.
- The terms and conditions described below apply to all registrations and participants in events organized and carried out by Eevvoo.
- You agree to these event terms and conditions when you register on the Platform and/or sign up for an event.
- These terms and conditions may only be deviated from if this has been agreed with us in writing.
- If you do not agree to these event terms and conditions, you will not have access to and may not participate in our events..
- Condition for participation
- You must be 18 years of age or older to participate in our events. We may ask you to provide proof of age.
- Participation in events is only permitted if you register in good time and cancel your registration if you are unable to attend.
- You declare that the information provided to us for your order or request is complete and correct.
- Participation in an event is personal to you. It is not permitted to allow someone else to participate in your place.
- If you are unable to participate in a paid event, the registration fee paid will not be refunded, either in full or in part.
- You acknowledge the inherent risks and dangers associated with participating in the event. These risks may include collisions with pedestrians, vehicles, other participants, or fixed and moving objects, as well as hazards due to surface risks, defective equipment, weather conditions, inadequate safety equipment, and the use of equipment or materials provided by Eevvoo or yourself.
- You acknowledge that these risks may be caused by your own actions or negligence, the actions or negligence of others participating in the activity, the conditions and area in which the activity takes place, and/or the negligence of yourself or others, whether known or reasonably foreseeable at this time.
- You are responsible for taking out your own adequate insurance for your participation in the event. Any fees paid for participation in our events do not include insurance coverage for accidents, illness, or negligence on your part. Any accident or injury caused by your actions is entirely your own responsibility.
- You are responsible for all fees or costs arising from an accident in which you are involved or which you cause. This includes, but is not limited to, fees charged by the police, fire department, ambulance, or similar services such as a mountain rescue service. If you are unable to make the decision to call emergency services, or fail to do so for any reason, you agree that a member of Eevvoo or a member of the public may call them. In this situation, you still accept the costs and consequences of such action.
- You agree that Eevvoo accepts no responsibility for the inspection, supervision, preparation, or conduct during events, including those organized by a community manager and organizers.
- You declare that you are physically and mentally capable of participating, are free from any illness or medical condition that would prevent you from participating, and have the level of fitness required to complete the prescribed distance before the event begins.
- If you decide to change the route and distance during the event, you do so at your own risk. You must always notify the other participants of this. Failure to do so may result in a search being organized, and the subsequent costs will be invoiced to you.
- The participant agrees to the use of his or her personal data in accordance with Eevvoo’s privacy policy.
- Participation
- All Eevvoo sporting events are held under the motto ‘Together Out, Together Home’. This means that you, together with all other participants, ensure that everyone returns to the starting location together. In exceptional cases, this rule may be deviated from if a participant expressly indicates that they wish to go their own way or in the unlikely event of an accident that prevents you or another participant from continuing.
- You accept that the event in which you are participating is in no way a competition. There will be no timed components and no time records will be kept.
- Contrary to the previous paragraph, our events may also be (guided) training sessions. During these events, there may be personally timed parts. During these timed parts, you will not compete with other participants.
- When the organized events are led by a Eevvoo representative, Eevvoo will try to have a reasonable ratio of participants for each leader, depending on the circumstances.
- A substantial part of most events will take place on public roads. You are aware of this before you register for the event. If you have concerns about the route and participation in the event on public roads, you may not participate at all.
- For some events, additional terms and conditions may apply in addition to these terms and conditions, including exemptions, releases, or liability agreements or other terms and conditions. Such other terms and conditions or agreements apply in addition to and will not replace or otherwise affect these General Terms and Conditions.
- Any additional terms and conditions, such as regulations regarding your required sports equipment, will be brought to your attention in the event for which you are registering.
- For events organized by customers or members of Eevvoo, Eevvoo accepts no liability whatsoever, regardless of the cause, as this ride is strictly speaking not organized in any way by Eevvoo or any of its global subsidiaries. Furthermore, no Eevvoo employee participates in this ride in a commercial capacity.
- Force majeure
- If the Event cannot take place due to exceptional circumstances, no refund of the (possible) registration fee will be made. The term “registration fee” also includes any donation to the charity associated with the Event by the organizer.
- An exception to the previous paragraph are any souvenirs that may have been ordered. These will not be refunded, but you can obtain them. Other expenses, costs, etc. will not be refunded or reimbursed under any circumstances.
- We may decide to terminate, suspend, or neutralize the event prematurely due to exceptional circumstances, such as black ice. Eevvoo may also decide to change the route or the distance to be covered due to exceptional circumstances. In such cases, any registration fees will not be refunded.
- Portrait Rights
- By participating in an event, you grant Eevvoo and its partners the irrevocable and unlimited right and permission to use, publish, and republish your image, likeness, name, and/or biographical information, in whole or in part, to use, publish, and republish, or to composite or distort in character or form, without limitation of alterations or modifications, or reproductions thereof in color or otherwise, made through any medium whatsoever, and in all media now or hereafter known for illustration, promotion, art, editorial, advertising, trade, or any other purpose.
- Rules of Conduct
- You are expected to treat each other, trainers, and coaches with respect.
- The use of alcohol, drugs, or other intoxicating, performance-enhancing, and/or performance-reducing substances before or during our events is strictly prohibited.
- Participants accept that instructions and routes may differ at the time of the event. During the event, you must follow the instructions of the supervisors carefully.
- Misconduct will not be tolerated and gives Eevoo the right to unilaterally terminate the agreement (your membership) and prohibit participation in events. Misconduct includes: indecent behavior, the use of stimulants, competing with others, verbal and non-verbal aggression, discrimination, smoking, and polluting the environment.
- You undertake to act carefully and responsibly at all times and acknowledge your legal obligation to ensure the safety of other participants and other persons in your vicinity.
- During your participation in one of the events, you will wear the appropriate sports equipment and clothing and follow safety regulations, such as wearing a suitable helmet or lighting during events in the dark. In addition, you will take the utmost care to ensure that your equipment, such as your bicycle, is in top condition.
- Always follow the instructions of trainers and coaches who are present during the events.
- You respect the privacy of others by not taking photos or videos without permission and by leaving other people’s property untouched.
- Violations of the rules of conduct may result in sanctions, ranging from warnings to termination of membership and thus participation in Eevvoo’s services.
- Applicability
- Terms of Use
Please read these terms carefully before using the Platform.
- Applicability
- These Terms of Use apply to your access to and use of the Platform, including all Software, mobile applications, and services included therein (“Software”).
- Your access to and use of the Platform and the information, materials, products, and services made available through the Platform are subject to these Terms of Use, regardless of whether you have an account linked to your name(s) and/or contact details (“Account”) through the Platform.
- You agree to comply with these Terms of Use and any additional terms and conditions that Eevvoo provides to you in relation to the services that form part of these Terms.
- Eevvoo reserves the right to review accounts and user behavior on the Platform to ensure compliance with the Terms.
- By accessing, using, uploading or downloading materials, creating an account, or clicking on “Sign Up” or a similar button indicating your agreement, you agree to these Terms. If you do not agree, please do not access, use, or visit the Platform.
- If you visit or use the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity and its subsidiaries to these Terms.In that case, “you” refers to the relevant entity and its affiliated organizations. If you are not authorized, you are not permitted to access or use the Platform.
- Insofar as you provide personal data in exchange for access to and use of the Platform, the terms and conditions of Chapter 3 apply.
- To log in to or use the Platform, you must be at least 18 years of age.
- Copyright and Ownership Rights
- With the exception of User Content (as defined below), all content on our Platform—including, but not limited to, text, Software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news items, sketches, animations, stickers, illustrations, and other materials (collectively, “Content”) – is owned by Eevvoo or third parties from whom we have obtained a license for the Content. This Content is protected by copyright, trademark, patent, and other applicable laws. Eevvoo reserves all rights not expressly granted in these Terms and Conditions.
- You may only use Content made available by Eevvoo via the Platform or other Platforms (such as social media, partner websites, or other distribution channels) for its intended purpose. Unless otherwise indicated, documents, audio recordings, videos, images, and other materials provided through these Platforms may only be used for personal, informational, and non-commercial purposes. Copying, reproducing, distributing, publishing, or modifying this Content without the prior written consent of Eevvoo is not permitted.
- Eevvoo grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive right and license to access and use the Platform. However, you do not have the right to copy, modify, create derivative works, reverse engineer, disassemble, or otherwise attempt to discover the source code or underlying technology of the Platform. You may not have these actions performed by third parties, nor may you grant or transfer any other rights to the Platform, unless expressly permitted by law.
- For the purposes of these Terms of Use, the use of such material, in whole or in part, in another mobile application, website, or online service is prohibited.
- Trademarks
- All trademarks, service marks, and trade names (e.g., the name “Eevvoo”) are owned by, registered by, and/or licensed to Kaas BV. By accessing or using the Platform or the Content, you do not acquire any license or ownership rights to these trademarks, service marks, or trade names.
- You agree not to alter or remove any proprietary notices from material you download or print from the Platform.
- You do not have the right to use, copy, reproduce, redistribute, upload, post, distribute, or modify trademarks in any way. This also applies to the distribution of material on the Platform, including promotional or advertising activities, unless you have obtained prior written permission from Eevvoo The use of these trademarks in other mobile applications, websites, or online services is also prohibited without the prior written consent of Eevvoo. In addition, the use of the trademarks as a link on or to another mobile application, website, or online service is prohibited, unless expressly permitted.
- Reference to products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not imply endorsement, sponsorship, or recommendation by the applicable trademark owner.
- Account and access to the Platform
- Registration is required to use the Platform. By doing so, you agree to: (a) provide truthful, accurate, current, and complete information about yourself (“User Data”); and (b) maintain and promptly update your data so that it remains accurate and current.
- You are responsible for keeping your password confidential and for restricting access to your password, computer, and mobile device while you are logged into the Platform. For security reasons, the use of unique and complex passwords is highly recommended.
- You must immediately notify Eevvoo of any unauthorized use of your account or password, or any other breach of security. You understand the risks of unauthorized access to user data and other information or content you provide to Eevvoo.
- You agree that Eevvoo may use your User Data to provide the services of the Platform to which you have access or which you use, as further described in these Terms and Conditions and our Privacy Policy.
- You agree to create only one account for personal use and not to share your account and/or Eevvoo membership with anyone.
- You must provide accurate and complete user data. If you provide false or incomplete data, or if we have reasonable grounds to believe that the data provided is false or incomplete, we may block and/or delete any account you have created. We reserve the right to terminate your account, refuse to provide services to you, and deny you access to the Platform, both now and in the future.
- In view of your use of the Platform and Software, you declare that you are not prohibited from receiving and using the Platform under the laws of any applicable jurisdiction.
- You may not attempt to gain unauthorized access to any part or function of the Platform, or to any system linked to the Platform, through hacking, password mining, or other illegal or unlawful means. You are solely responsible for complying with all laws and regulations applicable to you and your use of the Platform.
- The Platform, its content, and all related rights remain the exclusive property of Eevvoo and its licensors, unless expressly agreed otherwise. You may not remove any copyright, trademark, or other proprietary rights notices from any material on the Platform.
- The Platform is intended solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the Platform for commercial purposes, nor may you provide the use of the Platform or access to the Content.
- You agree not to access the Platform other than through the interfaces provided by Eevvoo.
- Eevvoo is not responsible for confirming or verifying the qualifications, background, or abilities of the members on the platform.
- User Content
- You understand that all information, data, and other materials that you and other users of the Platform upload, post, send, disclose, display, or otherwise make available via the Platform, including information provided when creating an account and information that you share or make available to other users (“User Content”), is solely your responsibility or the responsibility of the person from whom such User Content originates. Eevvoo is not responsible for, and does not endorse, any User Content posted by others on the Platform.
- If your User Content violates these terms or is otherwise illegal or in violation of applicable law, you may be held legally liable for that content.
- You acknowledge and agree that your relationship with Eevvoo is not a confidential, fiduciary, or other special relationship. Your decision to submit any content does not place Eevvoo in a position that differs from that of members of the general public, including with respect to your content.
- Except as provided in our Privacy Policy and Privacy Settings, your User Content is not subject to any obligation of confidentiality on the part of Eevvoo. Eevvoo is not responsible for any use or disclosure of the User Content you provide.
- You have the right to grant the rights and licenses set forth in these Terms for all information, data, text, Software, sound, photos, images, videos, messages, tags, or other material that you upload in connection with the Platform, regardless of whether it is publicly posted, privately sent, or delivered via a third-party API.
- You accept that deleted User Content may remain on Eevvoo’s systems and on the Platform until your User Content is publicly posted or shared with others who have not deleted it, unless you or the relevant person require the deletion or blocking of personal data in accordance with applicable law.
- You agree that any feedback, comments, or ideas you provide to Eevvoo are provided on a non-confidential basis. You grant Eevvoo a perpetual, worldwide license to use any feedback, comments, or ideas you share with us, without prior notice, compensation, or acknowledgment for any purpose, including but not limited to developing, producing, and marketing products and services, and creating, modifying, or improving products and services.
- Eevvoo does not monitor the User Content posted on the Platform and therefore does not guarantee the accuracy, integrity, or quality of this content. The User Content is intended for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. By using the Platform, you understand that you may encounter User Content that may be offensive, indecent, or otherwise objectionable.
- We are not responsible for User Content and are not liable for any damage caused by User Content or by your use thereof or by the fact that you have relied on User Content.
- Licensing of your user content
- By uploading, posting, sending, disclosing, displaying, or otherwise making User Content available on the Platform, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license. This license includes the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display the content, as well as the use of your name, username, or image. This license applies to all media channels and formats, both known and future developments, without us owing you any compensation. The license expires when you delete your content and account.
- You declare that we do not infringe the rights of third parties by disclosing and using your User Content.
- Rules of Conduct
- You agree to comply with all laws and regulations applicable to your access to and use of the Platform. In addition, you are required to adhere to the following rules of conduct:
•Only post User Content on the Platform if you have all the necessary permissions and rights to make that content available, including permission from individuals who appear or are mentioned in your User Content.•Do not upload, post, transmit, publish, display, or make available on the Platform any User Content that you know is false, inaccurate, or misleading.•Do not post User Content on the Platform that violates any law or regulation, including but not limited to laws relating to export controls, consumer protection, unfair competition, discrimination, and misleading advertising.•Do not do anything on the Platform that could endanger Eevvoo or its users, including actions that could disrupt, damage, disable, manipulate, overload, or restrict the functionality of the Platform.•Do not post User Content that contains software viruses, programs, or other computer code, and do not circumvent or modify the Software or security technology of the Platform.•Do not use data mining, robots, scraping, or similar methods to collect data.•Unless otherwise indicated, our Platform is a public space. Do not post personal information on the Platform, either about yourself or others.•Do not upload, post, send, publish, display, or make available on the Platform any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other forms of solicitation.•Do not collect or solicit personal data from other users of the Platform, and do not send unsolicited messages.•Do not use automated technology in your interaction with the Platform.•Do not upload, post, send, publish, display, or make available any User Content, including images or photos, provided by another user of the Platform on any other website, mobile application, or online service without that user’s prior consent.•Do not post User Content, link to websites, or do anything that is illegal, misleading, malicious, intimidating, inaccurate, discriminatory, or otherwise objectionable or inappropriate, or that violates applicable law. Respect the community at all times. Eevvoo has the right, but not the obligation, to screen, monitor, or remove User Content in advance.•Do not impersonate another person or organization, including athletes and employees of Eevvoo.•You must always use common sense and good judgment in your interactions with members of the platform.
- You agree to comply with all laws and regulations applicable to your access to and use of the Platform. In addition, you are required to adhere to the following rules of conduct:
- Partners on the platform
- The Platform may contain links to or enter into partnerships with websites, social media platforms, mobile apps, and other third-party products or services. Connecting to or accessing these third parties through the Platform does not imply our approval, monitoring, or control of their activities, content, or services. Such third-party services are subject to their own terms of use and privacy policies, which we encourage you to review carefully.
- We are not responsible for the content, policies, or activities of these third parties, and your interaction with them is entirely at your own risk.
- Modification and Termination
- We reserve the right, at any time, with or without prior notice and at our sole discretion, to: (i) modify, suspend, or terminate, in whole or in part, the operation of the Platform, your access to the Platform, or the agreement between you and us based on these Terms of Use, including but not limited to your violation of these Terms of Use; (ii) modify or adapt the Platform in whole or in part; and/or (iii) interrupt the normal operation of the Platform in whole or in part for routine maintenance, error correction, or to implement changes related to technical developments, changes in functionality, fluctuations in the number of users, or improvements in service.
- We reserve the right to change these Terms of Use at any time when reasonably necessary, for example for security reasons or to comply with applicable laws and regulations. We will notify you of such changes as soon as possible. This may be done via a notification when you log in to the Platform, a notification sent to the contact details you have provided, or in any other appropriate manner.
- In certain cases, we may ask you to download the latest version of the Platform or Software and/or agree to an updated version of these Terms of Use before you can continue to use the Platform. By continuing to use the Platform after such updates or changes, you agree to the new or modified terms.
- Eevvoo reserves the right to terminate any Eevvoo Platform, membership program, product, and/or service at any time and without notice.
- Subject to applicable law, Eevvoo reserves the right at any time to terminate or suspend your account, remove your profile and User Content, and restrict your access to the Platform in whole or in part, without any liability for any damages resulting therefrom.
- In the event of termination of the agreement entered into pursuant to these Terms of Use for any reason whatsoever, the following shall apply:
•alle aan u ingevolge deze Gebruiksvoorwaarden verleende rechten komen te vervallen;•u alle activiteiten die u op grond van deze Gebruiksvoorwaarden mag verrichten, onmiddellijk dient te staken, waaronder begrepen uw gebruik van het Platform;•u het Platform onmiddellijk dient te wissen of te verwijderen van uw apparaat of apparaten en alle alsdan in uw bezit zijnde of binnen uw macht gelegen kopieën van het Platform of van onderdelen daarvan onmiddellijk dient te vernietigen en op ons verzoek schriftelijk bewijs aan ons (of aan een door ons aan te wijzen vertegenwoordiger) dient te verstrekken dat u dit inderdaad heeft gedaan.
- U begrijpt en stemt ermee in dat bepaalde Gebruikerscontent, met name inhoud die zichtbaar is in bijvoorbeeld een activiteitenfeed of andere openbare secties van het Platform, openbaar kan blijven nadat uw account is beëindigd. Op uw verzoek kan uw Gebruikerscontent echter worden verwijderd, conform de toepasselijke wetgeving.
- Deze Voorwaarden blijven van kracht na beëindiging van uw account of na het stoppen van uw gebruik van het Platform.
- U kunt deze overeenkomst te allen tijde beëindigen, zonder voorafgaande kennisgeving en om welke reden dan ook, door de App te verwijderen. Het onderdeel “Licentieverlening voor uw Gebruikerscontent” blijft echter van kracht na de beëindiging van de overeenkomst, zoals uiteengezet in deze Gebruiksvoorwaarden.
- The Platform
- Eevvoo and affiliated companies do not guarantee that the functions of the Platform will be uninterrupted or error-free, or that defects will be corrected.
- We provide all our services with the reasonable care and accuracy that may be expected of us. Nevertheless, we cannot guarantee that you will be completely satisfied with the Platform at all times.
- The Platform may be suspended, modified, or discontinued in whole or in part by us without prior notice.
- Our Liability for Damage Suffered by You
- We are liable to you for damage that is the direct and foreseeable result of our actions. If we fail to comply with these terms and conditions, we are liable for the damage you suffer as a result of our inability or negligence to exercise reasonable care, knowledge, and skill. However, we are not responsible for damage that is unforeseeable. Damage is foreseeable if it is obvious that it will occur or if, at the time of accepting these terms and conditions, we could have known that it would occur.
- We do not exclude or limit our liability to you to the extent that this is contrary to law. This includes our liability for death or personal injury caused by our negligence, or that of our employees, agents, or subcontractors, as well as for damage resulting from fraud or deception.
- If the digital content we provide is defective and causes damage to your device or digital content, we will repair the damage or offer you compensation. However, we are not liable for damage that you could have prevented by following our advice or by installing a freely available update. In addition, we are not responsible for damage resulting from failure to follow the installation instructions correctly. We advise you to comply with the minimum system requirements.
- The Platform is intended solely for personal and non-commercial use. If you use the Platform for commercial purposes, business activities, or resale, we accept no liability for loss of profits, income, business interruptions, or loss of business opportunities.
- Applicability
- Other provisions
- Original Terms and Conditions
- The original terms and conditions are written in Dutch. Where a translated version of the terms and conditions differs from the Dutch version, the Dutch version shall prevail.
- Changes to the Terms And Conditions
- We reserve the right to make changes to these Terms and Conditions at any time.
- The use of the Platform and any agreement between you and us is governed by the version of Eevvoo’s Terms and Conditions that is in effect at the time you place your order via the Platform or on the day you use the Platform (if applicable).
- You should regularly check for any changes to the Terms and Conditions..
- Data Protection
- For more information about how we use cookies, the type of data we collect, how and for what purpose we use your data, and under what circumstances we disclose data, please refer to our Privacy Policy.
- Force majeure
- Eevvoo cannot be held liable for delays or failure to fulfill obligations under these terms and conditions if this is the result of circumstances that are reasonably beyond our control.
- Independence of provisions
- Each provision in these general terms and conditions shall be interpreted separately. If any provision, in whole or in part, is deemed invalid, void, or unenforceable for any reason, this shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect as if the invalid provision were not part of these terms and conditions.
- Disclaimer of Warranty and Liability
- The information, software, products, services, and content available through the Platform are provided to you “as is,” without any warranties. We, Eevvoo and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors, disclaim all warranties with respect to this information, software, products, services, and content. This includes, but is not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that:
a.the services meet your requirements;b.your content will remain available or that the services will be timely, secure, error-free, or uninterrupted;c.de resultaten van het gebruik van de diensten accuraat en betrouwbaar zijn;d.the quality of any product, service, information, or other material you purchase or obtain through the service will meet your expectations;e.any errors in the services will be corrected.
- Eevvoo does not endorse your content or the content of other members. We expressly disclaim all responsibility and liability to other persons or entities for any loss, damage (whether direct, consequential, indirect, criminal, or other), injury, claims, liability, or other causes of any kind, based on or arising from content available through the services.
- You expressly agree that Eevvoo does not provide medical advice through the Services. The content you provide through the Services, including all text, photographs, images, illustrations, graphics, audio, video and audiovideo clips, and other materials, whether provided by us or provided by other account holders or third parties, is not intended to be and should not be used in place of (a) the advice of your physician or other medical professional, (b) a visit, phone call, or consultation with your physician or other medical professional, or (c) any information contained on or in any product packaging or label. If you have any questions about your health, please consult your physician or other healthcare provider. In case of emergency, call your doctor or 112 immediately. You should never disregard or delay seeking medical advice because of any content displayed on the Services, and you should never use the Services or any other content on the Services to diagnose or treat a health problem. Transmission and receipt of our content, in whole or in part, or communications via the Internet, by email or otherwise does not create a doctor-patient, therapist-patient or other health care relationship between you and Eevvoo.
- You acknowledge and agree that sports activities, including those offered on the Platform, or following a Eevvoo training program or workouts through the Platform or other platforms (such as social media, partner websites, or other distribution channels) we use to provide our services, involve inherent and substantial risks, such as property damage, bodily injury, or even death. You voluntarily assume all known and unknown risks associated with these activities, even if they result in whole or in part from the actions, omissions, or negligence of Eevvoo, or the actions, omissions, or negligence of third parties.
- You acknowledge and agree that Eevvoo assumes no responsibility for the inspection, supervision, preparation, or conduct of any races, competitions, challenges, or group activities conducted through the Platform. This also applies to activities organized by club administrators, members, or partners.
- By using the Eevvoo Platform, mobile applications, content, services, or products (including, but not limited to,Eevvoo training programs), you acknowledge and agree to fully release Eevvoo, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, licensors, and club operators (collectively, the “Released Parties”) from any and all liability. This includes, but is not limited to, any claims, actions, injuries, damages, or losses arising from your participation in any sports activities or use of the aforementioned services. You agree that you will not sue the Released Parties for any such damages or losses.
- You further agree that, under no circumstances will the Released Parties mentioned in the preceding paragraph be liable for any direct, indirect, punitive, incidental, special, or consequential damages resulting from, but not limited to, the following:
•Your use or misuse of the Platform or the services offered;•Your use or misuse of equipment or programs created by Eevvoo or for which Eevvoo has granted a license (including all Eevvoo training programs) during your sports activities;•Your interaction with external service providers or advertisers available through the Platform;•Delays or inability to use the services on the Platform; of•Information, software, products, services, or content obtained on the Platform, whether based on contract, tort, strict liability, or otherwise, even if Eevvoo has been advised of the possibility of damages.
- Eevvoo does not endorse any content provided by you or other athletes, and we expressly disclaim any responsibility or liability to other persons or entities for any loss, damage (including but not limited to actual, consequential, indirect, punitive, or other damages), injury, claims, liability, or other cause of any kind arising out of or related to the content posted on the services.
- Eevvoo’s total liability arising from these terms and conditions is limited to the lesser of the following amounts: (a) fifty Euro (€50) or (b) the amount you paid to Eevvoo in the 12 months prior to the date of the claim.
- If you reside in the European Union, you have legal remedies if we cause you damage by violating or failing to comply with our legal obligations, or through our negligence, and these terms and conditions do not affect those remedies.
- You waive and relinquish your right to hold Eevvoo and/or our administrators, directors, agents, officers, volunteers, and employees, other participating event organizers, any sponsors, advertisers and, if applicable, owners and lessors of buildings where the activities take place, from all liability, claims, demands, losses, or damages arising now or in the future, wholly or partly caused by your involvement in, association with, or travel to and from the activity, including your negligence and the negligence of other participants.
- Participation in Eevvoo events is at your own risk. Eevvoo, its employees, volunteers, partners, and licensees are not liable for damage or injury. You assume all risks and are responsible for your own actions. Eevvoo accepts no responsibility for your actions or the consequences thereof.
- You understand that nothing in these terms and conditions will limit or exclude Eevvoo’s liability for: (a) death or personal injury caused by our negligence; (b) any other matter in respect of which it would be unlawful for Eevvoo to exclude or limit liability.
- You must assess your own physical and mental capabilities. When accepting these terms and conditions, you are obligated to honestly declare that you are reasonably physically and mentally capable of participating in sports and/or exercise, in such a way that damage to your health is not reasonably foreseeable. You must also consider whether training is possible or prudent in combination with any medication and/or in accordance with advice obtained from doctors or specialists. If you have any doubts about your physical or mental condition, we recommend seeking expert advice from a doctor or specialist. Eevvoo employees are available to provide tips and advice on what is and is not possible or prudent. However, you are and remain solely responsible for your own safety. Training is entirely at your own risk, and you must take all reasonable steps to minimize risks.
- Eevvoo and its employees are not liable for any damage whatsoever (direct or indirect, material or immaterial) resulting from an accident or injury sustained by the member in or as a result of the sports studio or during or as a result of training. An exception to this is personal injury caused by intent or deliberate recklessness on the part of Eevvoo. Eevvoo is not liable for any damage, loss, or theft of the member’s personal property. An exception to this is damage, loss, or theft resulting from intent or deliberate recklessness on the part of Eevvoo. If Eevvoo is liable for damage suffered by your member, Eevvoo’s liability for compensation is always limited to the amount paid by its insurer in the specific case. If the insurer does not pay out or the damage is not covered by an insurance policy taken out by Eevvoo, the liability for compensation is limited to a maximum of six months’ membership or €100.
- We strongly recommend that you undergo a medical examination beforehand. By using our platform, our services, and our products, you declare that there are no medical restrictions that would prevent you from using these services. If there are medical restrictions that pose risks or affect the services provided by Eevvoo, use of the platform and participation in the services will be excluded.
- We are not liable for damage or injury resulting from participation in training sessions or events, unless this is the result of intent or deliberate recklessness on the part of our organization. Under no circumstances are we liable for consequential damage to you or third parties, including, but not limited to, material damage and immaterial damage.
- In the event of liability, the obligation to pay compensation is limited to the amount paid out by our insurer or a maximum of six months’ membership fees.
- The information, software, products, services, and content available through the Platform are provided to you “as is,” without any warranties. We, Eevvoo and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors, disclaim all warranties with respect to this information, software, products, services, and content. This includes, but is not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that:
- Additional or deviating provisions
- You are entitled to clear and fair terms and conditions. Additional provisions or deviations from these terms and conditions may not work to your disadvantage. Any additional or deviating provisions will be laid down in writing.
- Complaints procedure
- If you have any complaints about the performance of the agreement, you must submit them to us within a reasonable period of time after discovering the defects, describing them fully and clearly.
- If you submit a complaint to us, you will receive a response from us within 14 days of receipt of the complaint. If a complaint requires more time to process, we will inform you within the 14-day period with a confirmation of receipt and an indication of when you can expect a more detailed response.
- Disputes
- These General Terms and Conditions are governed exclusively by Dutch law.
- Original Terms and Conditions
This page was translated from the Dutch Algemene Voorwaarden. If there are ambiguities, the original Dutch text is always leading over this translation.