Algemene voorwaarden

Laatst bijgewerkt: 1 april 2016

Versie: 1.0

1. Definitions

1.1. Trainin: Trainin.nl B.V., located and established at Eerste van Swindenstraat 10-4 in Amsterdam, The Netherlands, and registered at the Chamber of Commerce in Amsterdam under number 64113442 (also referred to as “We”, “Us” or “Our”).

1.2. Access Data:  Email and password to login on the Website.

1.3. Activity:  Any physical activity whether carried out at a sports facility or not, including, but not limited to, a class, session, lesson, course, training, instruction or event, which is listed by a Business as available to Users through the Site.

1.4. Business: A legal entity which is making use of the Services that are offered through the Site.

1.5. Business Account: An account with us created by a User after submitting all required Registration Data, allowing a User to act as a Business. Business Accounts can incorporate multiple User Accounts as representatives of the Business Account.

1.6. Client: A User that is interested in participating in an Activity or has purchased a Product from a Business through the Site and therefore becomes a (potential) client of the respective Business.

1.7. Content: Any information, data, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed on the Site.

1.8. Content Provider: Third party that has provided Content.

1.9. Fees: All fees charged by Trainin for the use of the Services, which can be a fixed Fee on monthly basis, a fixed fee per online transaction or a percentage of the applicable Total Fee. Fees are non-refundable and are excluding any Taxes.

1.10. Marketing Platform: Online marketing platform that allows Businesses to promote their Activities and sell their Products to Clients through the Site and allows Clients to locate Businesses and evaluate and review their services, including Activities, and purchase Products through the Site.

1.11. Product: A good or service related to sports and health, including, but not limited to, a trial session, single session, package deal, subscription or week pass. A product can allow the Client to make a booking in order to participate in an Activity. Products can be purchased by a User and can be subject to the payment of the Total Fee.

1.12. Registration Data: Certain information and data regarding a natural person or the legal entity that is needed to set up a User Account and/or Business Account.

1.13. Services: The services offered by Trainin through the Site as set forth in Clause 3 of these Terms.

1.14. Site: The website offered by Trainin at https://www.trainin.co and any other websites or applications through which Trainin makes the Services available.

1.15. Tax: Any sales taxes, value added taxes (VAT), goods and service taxes (GST), levies, duties and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

1.16. Terms: These terms and conditions.

1.17. Total Fee: The total amount to be paid by a Client for a Product in order to participate in an Activity, as indicated by the Business on the Site.

1.18. User: A natural person or legal entity which is making use of the Services that are offered through the Site. A user can be representing a Business or can be a Client.

1.19. User Account: An account with us created by a natural person or legal entity after submitting all required Registration Data. User Accounts can represent Clients and/or representatives of Businesses.

2. General

2.1. These Terms govern the use of this Site and the Services offered by Trainin. By using the Site and/or the Services, the User or Business acknowledges to have read and understood the Terms and the User or Business agrees to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree with these Terms, you should not access and use the Services and/or Site.

2.2. Trainin reserves the right to make changes to the Site, the Services and the Terms at any time. Such amended Terms shall be effective upon posting on the Site or through some other reasonable method. Trainin will take reasonable efforts to post notices regarding any changes to these Terms. Please check the Terms published on this Site regularly to ensure that you are aware of all the terms governing the Site and the Services.

3. Trainin Services

3.1. The Services offered by Trainin through its Site solely exist of providing software and an online Marketing Platform that enables Businesses in managing their business and facilitates in making arrangements between Businesses and Clients.

3.2. Trainin is not an organizer or provider of Activities and/or Products, nor is Trainin a provider of sports facilities, including, but not limited to, halls, gyms, tennis courts, football fields, golf courses, swimming pools or other leisure facilities and Trainin does not own, sell, re-sell, rent, re-rent, provide, manage and/or control sports equipment, including, but not limited to, fitness equipment, balls, rackets, clubs and surfboards. Trainin does not provide transportation, accommodation or other travel services, nor is Trainin a provider of financial services.

3.3. Trainin is not a party to any arrangements or agreements entered into between Businesses and Clients, nor is Trainin a broker, agent or insurer. Instead, Trainin’s role is solely to facilitate the availability of the Site and Services for Businesses, Clients and other Users and to provide services related thereto.

3.4. Trainin has no control over the conduct of Businesses, Clients and other Users of the Site or any Activities and/or Products. Trainin disclaims all liability in this regard.

3.5. Trainin does not endorse, certify, recommend, warrant, or guarantee any User. Trainin obtains evidence of identity and address for all Users but we do not guarantee the identity or address or existence or sufficiency of qualifications of any User nor the accuracy of any other information supplied by any User. You are solely responsible for determining the identity and suitability of others who you contact through the Site. Except as expressly provided in these Terms, we will not be responsible for any damage or harm resulting from your use of the Site or Services or any contact or dealings you may have with other Users.

4. Registration and Privacy

4.1. In order to access and use our Services, you will be required to set up a User Account. You can obtain a User Account by completing our online registration form, which requests Registration Data. Only natural persons who are older than 18 years or who have permission from their parent or guardian, who can form legally binding contracts under applicable law, and legal entities are allowed to register. By registering, you acknowledge that all information provided in the Registration Data is true, complete and accurate and that you will correct any future modifications in order to keep the Registration Data current, complete and accurate. You may delete your User Account at any time. Please note that if your User Account is deleted, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or feedback.

4.2. In order to act as a Business, you will be required to set up a Business Account and pay the respective Fees when applicable. You can obtain a Business Account by completing our online registration form, which requests Registration Data. Only natural persons who are older than 18 years and legal entities are allowed to register. By registering, you acknowledge that all information provided in the Registration Data is true, complete and accurate and that you will correct any future modifications in order to keep the Registration Data current, complete and accurate. You may cancel or delete your Business Account at any time, but you understand that you are solely responsible for canceling or transferring valid and active Products and/or deal with other agreements between you and your Clients. You will have to inform the respective Clients and offer them an adequate solution. Please note that if your Business Account is canceled or deleted, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or feedback. A refund for any paid Fees is not possible if you decide to delete your Account or decide to stop making use of Services that you already paid for.

4.3. During the registration, you will type in your email and select a password (Access Data), which you will need for future login. You are solely responsible for maintaining the confidentiality of your Access Data and for any and all statements made and acts or omissions that occur through the use of your Access Data. Therefore, you must take steps to ensure that others do not gain access to your Access Data. Our personnel will never ask you for your password. You may not transfer or share your User Account with anyone, and we reserve the right to immediately terminate your User Account if you do transfer or share your User Account.

4.4. We undertake to handle all personal Registration Data in strict confidence according to statutory provisions and to collect, process, store and use the Registration Data only for the purpose of operating the Site and allowing you to act as Business, Client or other User.

4.5. All data are collected, used and processed electronically. The information we obtain through your use of the Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms.

5. Use and Fees

5.1. When a Business Account is created, you can make use of our Services to manage your business, including, but not limited to, a scheduling functionality to allow Clients to make bookings in order to participate in Activities; an online payment processing functionality to receive payments; an administration functionality to create invoices and control your finances; an online directory of your Clients and their profiles to manage your Clients.

5.2. When a Business Account is created, your Business will automatically be listed on our Marketing Platform, which allows you to promote Activities and sell Products to Clients through the Site and allows Clients to locate your business, evaluate and review your services and purchase your Products through the Site. A Product can be subject to a payment of a Total Fee. You can choose to opt out of our Marketing Platform at any time within our software settings. From time to time, we may offer you the opportunity to participate in marketing services programs, which are designed to promote your business and attract new Clients through the Site.

5.3. You agree as Business that any sales of Products are strictly between you and each respective Client. You agree that you will advertise and sell only commercially reasonable Products related to sports and health, and you shall do so only in an honest and ethical manner. You will not advertise or sell any drugs, drug paraphernalia, tobacco, medical devices, or any items that are illegal, restricted by law or in the judgment of Trainin offensive or objectionable. You acknowledge that we may approve or disapprove descriptions of Activities and Products subject to our sole discretion. Please make sure in particular, that you comply with all relevant Tax law. For the avoidance of any doubts we do make you aware that it is your own and full responsibility to make all Tax statements and Tax payments, in particular, but not limited to, VAT.

5.4. You acknowledge as Business that you are solely responsible for all customer service policies, terms and issues relating to your Products, including pricing, fulfillment, cancellations or no shows. You are solely responsible for listing, performing and supervising the Activity. In particular, it is your obligation to ensure and to take all required action that the Activity complies with all law applicable at the location of the Activity.

5.5. You agree as Business to pay the Fees that Trainin charges for the use of the Services plus any applicable Taxes, such as VAT. We will bill your credit or debit card for all Fees for the Service, and you hereby authorize Trainin to charge your credit or debit card for all such Fees. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, we reserve the right to terminate the access and use of our Site or Services in addition to seeking any other legal remedies. Trainin is not responsible for any charges or expenses, including, but not limited to, overdrawn accounts and exceeding credit card limits, resulting from charges billed by Trainin. The Fees are indicated on the Site and are only valid for the moment that they are displayed. You acknowledge and agree that we reserve the right, in its sole discretion, to change any indicated Fees. Please note that we will provide notice of any change through the Site and Services, prior to changing any Fees.

5.6. You acknowledge as Client that it is the sole responsibility of the Business to organize, perform and supervise an Activity and we cannot be held liable for any damage that you may incur when participating in the Activity. We make no warranty regarding any Activity and you understand and agree that such Activities are conducted entirely at your own risk. Any warranty that is provided regarding the Activity from the Business is provided solely by such respective Business and not by us.

6. Communications

6.1. We may send varying communications to Users through the Site, including update notifications or reminders, emails, text messages, chat messages or other communications. Users can indicate to what extend they wish to receive said communications.

6.2. You agree that we may approach Users for important changes, updates or promotions of our Services.

6.3. You can communicate with Users through the Site, e.g. sending messages, sending emails or discussing within groups. You declare not to send spam, or any other communications which is undesired by the receiver, being commercial or otherwise, including but not limited to threatening, aggressive, obscene, ignominious, offending, privacy infringing or commercial communications. Any acts contrary to these conditions can, as with the other conditions, result in immediate denial of access and use of the Services and/or Site.

6.4. Mailboxes provided on the Site may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

7. Intellectual Property

7.1. . Subject to these Terms, Trainin hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license and right to use the Services, during the term of these Terms and solely for your internal business purposes. You will not:

  • modify, copy or create any derivative works based on the Services;
  • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Services available to any third party, other than to Users as permitted herein;
  • reverse engineer or decompile any portion of the Services, including but not limited to, any software utilized by Trainin in the provision of the Services;
  • access or use (or allow a third party to access or use) the Services for competitive analysis or to build any competing products or services;
  • copy any features, functions, integrations, interfaces or graphics of the Services;
  • otherwise use or exploit the Services in any manner not expressly permitted by these Terms.

7.2. The Content presented on the Site is the sole property of Trainin and/or Content Providers and is protected by applicable copyright and trademark laws. You agree that you may not use Site Content for any commercial purposes without prior written consent from us.

7.3. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Trainin or Content Providers. You have no right to use these registered trademarks, trademarks or service marks.

7.4. Content that you transmit to the Site or to us, will be treated as non-confidential and non-proprietary. While you retain all rights in such Content, you grant us a permission to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such Content for any purpose regardless of the form or medium in which it is used. We agree that any use by Trainin of such Content will inure solely to the benefit and goodwill of your business.

7.5. Please make sure that your Content is not violating third party copyright and/or trademark laws. We do not warrant or represent that your Content will not infringe the rights of third parties.

7.6. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified Content from our Site without liability to you or any other party.

7.7. We respect the intellectual property of others and we expect that you to do the same. If you believe your or anyone’s copyright, trademark or other property rights have been infringed by a posting or Content on the Site, please contact us at support@trainin.co.

8. User Conduct and Restriction of Content

8.1. You understand and agree that you are solely responsible for adhering to all applicable laws, rules, regulations, these Terms and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of the Site, Services, Content and Communications, you agree that you will not upload, share, publish, post, submit, transmit or otherwise distribute or facilitate distribution of any Content that:

  • is unlawful, threatening, abusive, harassing, defamatory, offensive, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, harms another person or persons in any other way or otherwise violates our rules or policies;
  • infringes on any patent trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  • victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • contains information that is false, inaccurate or misleading;
  • promotes violence or other criminal acts;
  • contains explicit or graphic descriptions or accounts of pornography or sexual acts, including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (spam), chain letters or any form of lottery or gambling;
  • intents to recruit or otherwise solicit any User to join third party services or sites, without our prior written approval;
  • intents to make arrangements outside our Site or Services in order to circumvent the obligation to pay any Service Fees;
  • interferes with or damages our Site, including, but not limited to, software viruses, cancel bots, trojan horses, harmful or destructive software code and flood pings;
  • impersonates any person or entity.

8.2. We neither endorse nor assume any liability for Content distributed by Users. However, we reserve the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms or any other rules of User conduct for our Site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of Content.

8.3. You may not use your User Account and/or Business Account to breach security of another User Account and/or Business Account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.

8.4. You agree that we may at any time, and at our sole discretion, block or terminate your User Account and/or Business Account with immediate effect and without prior notice to you for violating any of the above provisions and refuse a new registration. You shall be liable for any damage to us due to a posting inconsistent with these Terms. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

9. Termination of Use

9.1. You agree that we may, in our sole discretion, terminate, change or suspend any Services or your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

9.2. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your User Account and/or Business Account and all related information and files and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

10.1. The Site may contain links to third party Sites. Such links are provided for informational purposes only. These Sites are not controlled nor reviewed by Trainin and we are not responsible for these Sites and/or content and/or their availability. We are not related to these Sites in any way. If you decide to access any of third party Site through a link on Trainin, you do so at your own risk.

10.2. We are allowed, at our sole discretion, to remove links from Business profiles if we believe the link is in breach with our Terms, without giving your prior or further notice.

10.3. We reserve the right at all times (but will not have an obligation) to reclaim subpages to the Site as established by Users from time to time under certain vanity URL.

10.4. We reserve the right to reclaim vanity URLs on behalf of Trainin, businesses or individuals that hold legal claim or trademark on those vanity URLs. Business Accounts using business names and/or logos to mislead others will be permanently suspended.

10.5. You may not engage in squatting of vanity URLs. Business Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be squatting are: the number of Business Accounts created, creating Business Accounts and/or vanity URL for the purpose of preventing others from using those Business Accounts names and/or vanity URL, creating Business Accounts and/or vanity URL for the purpose of selling those accounts, using feeds of third party Content to update and maintain Business Accounts and/or vanity URL under the names of those third parties.

11. Disclaimer

11.1. We want to ensure that all information on the Site is correct and complete. However, we do not guarantee that the results that may be obtained from the Site will be effective, accurate or reliable. If you doubt specific information provided on the Site, you should contact the relevant Business directly or Trainin by sending an email to support@trainin.co.

11.2. We make no warranty that the Site will meet your requirements and be uninterrupted, timely, secure and/or free of error. You further understand and agree that we have no control over third parties, which you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

11.3. We assume no responsibility for the timeliness, deletion, failed delivery or failure to store any User communications or personalization settings.

12. Liability and Indemnification

12.1. In no event Trainin accepts liability nor responsibility for any loss and/or damage whatsoever, except to the extent that such damages can be directly linked to misconduct or significant negligence from Trainin and/or senior management.

12.2. Under the current state of technology, due to maintenance work or interference with communication networks of third parties, data transfer via open networks such as the Internet cannot be completely guaranteed to be available any time and free of error. We do not ensure constant and uninterrupted availability of our Site or the absence of technical failure, inaccuracies or typographical errors or data loss and we are not liable for any loss arising out of or in connection with the use of the Site or any Site referenced or linked to from the Site. We cannot guarantee that our Site is virus-free. The use of the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that may result from such activities.

12.3. The User agrees to indemnify and hold Trainin harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Notices

All notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Trainin via email or by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

14. Applicable Law and Jurisdiction

14.1. These Terms and any use of the Site are governed by and construed in accordance with the laws of the Netherlands, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, claim or cause of action arising out of, or in connection with these Terms or the User´s use of the Site or Services shall be submitted to the jurisdiction of the competent courts in Amsterdam, unless provided otherwise by operation of applicable mandatory law.

14.2. Trainin does not guarantee that the Services offered through its Site can be used in locations outside the Netherlands. You are solely responsible that your use of the Services and Site complies with your local applicable laws.

15. Complaints

You can submit complaints about the Services at any time to support@trainin.co.

16. Miscellaneous

16.1. You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

16.2. If any part of these Terms is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

16.3. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

17. Contact Information

Except as explicitly noted on this site, the Services available through this Site are offered by Trainin.nl B.V., located and established at Eerste van Swindenstraat 10-4 in Amsterdam, The Netherlands. If you notice that any user is violating these Terms of Service, please contact us at support@trainin.co.

18. Entire Agreement

We accept no oral agreements. These Terms and any additional posted rules applicable to certain Activities constitute the entire agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall take precedence.