Terms and conditions

Terms and conditions

 

Last modified: 24 May 2018

 

ABOUT BUITEN-YOGA

 

Outdoor-Fitness, part of Buiten-Yoga.nl; a private company with limited liability established and existing under the laws of the Netherlands, having its registered office in (1901 ME) Castricum, the Netherlands, at Heereweg 36E, registered with the Chamber of Commerce in Amsterdam, The Netherlands under 64557227. We also operate a number of other websites as part of Buiten-Yoga. Underlying these different websites is a common theme. They all can be used to find, compare, and book sports classes in a specific country.

 

SUPPORT

 

We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.

 

TERMS OF USE

 

These terms of use – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a booking through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform.

 

 

GENERAL

These terms of use ("Terms of Use") apply to every use made of the platform. On the platform, as developed by BOutdoor-Fitness you can find, compare and book outdoor fitness classes in the Netherlands ("Platform").

If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.

To the best of its ability, Outdoor-Fitness will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.

Outdoor-Fitness is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

IN OTHER WORDS:

"Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility."

USE OF THE PLATFORM 

In using the Platform, you can view all classes published by organizers ("Organizers") (which classes/events are referred to as "Offers"), make a booking ("Booking") for such Offers and write reviews. A Booking placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Booking. If you have any questions, complaints or remarks about an Organizer, an Offer, or a Booking, you can contact Outdoor-Fitness through the Platform.

The Offers are subject to the Organizer’s terms and conditions, as well as all agreements between you and the Organizer. Buiten-Yoga shall never become a party to an agreement between an Organizer and you. We advise you to carefully read the Organizer’s terms and conditions, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Tripaneer accepts no responsibility whatsoever for any decisions made by you based on the content of Tripaneer and/or the Organizers on the Platform, unless stated otherwise in these Terms of Use.

You and the Organizer are solely responsible for the correct performance and execution of a Booking, which – from your side – includes the correct provision of the required information in making a Booking. To view, change or cancel your Booking, please refer to your confirmation email, where you will find all relevant instructions.

You are solely responsible and liable for the content you submit, which includes uploading images for classes and any reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Outdoor-Fitness from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.

Finally, when using our Platform you shall adhere to the following rules. You may not:

use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;

deliberately involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the Platform;

reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;

remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.

IN OTHER WORDS:

 

"After you’ve chosen a class, made a booking for this class and entered all of your correct personal data, you will engage in a contract with the actual organizer of the class. Outdoor-Fitness can in no way be held responsible if issues (however unlikely) arise between you and the organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc."

 

PRICES AND PAYMENT 

Your use of the Platform is free of charge. Organizers charge their own fees for their classes/events and will inform you about payment upfront or on the spot. Please be aware that you might owe the Organizer (part of) the fee in case you make a Booking. We have no influence on, are not involved in and are not liable for your payment of Bookings.

Since the Organizers are responsible for the payments terms, you cannot derive any rights from the payment methods available at a certain moment. Furthermore, Outdoor-Fitness is not responsible for and has no influence on the applicable payment terms.

IN OTHER WORDS:

 

"The use of our platform is free of charge. Please be aware that specific payment terms of the organizers apply to payment of the classes/events."

 

IP RIGHTS 

All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow ("IP Rights"), are owned by Buiten-Yoga, its licensors or our Organizers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Outdoor-Fitness to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.

By uploading reviews and other content, you grant Outdoor-Fitness a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.

You represent and warrant that you have all rights to grant the licenses as laid down in these Terms of Use, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify Outdoor-Fitness against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.

IN OTHER WORDS:

 

"Please respect our intellectual property rights and the rights of the organizers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform."

PRIVACY

In order to make use of the Platform as an organizer, it is required that you provide Outdoor-Fitness with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy, such as the Dutch Personal Data Protection Act ("Wet bescherming persoonsgegevens"). Outdoor-Fitness only uses your personal data in accordance with the Privacy Policy.

In order to submit a Request or make a Booking, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.

IN OTHER WORDS:

 

"We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation the organizer is responsible for handling of your personal information. For more info check out our Privacy Policy."

 

LIABILITY

Outdoor-Fitness's liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of EUR 250 in a contracting year per event (a sequence of events will be regarded as one event).

Direct damage shall solely mean:

Damage to property;

Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and

reasonable costs incurred in determining the cause of the damage.

Any liability on Outdoor-Fitness s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.

In case you made a Booking or booked an Offer with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of class/event – about such act outside our Platform, Buiten-Yoga will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.

The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Buiten-yoga.

IN OTHER WORDS:

 

"In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay damages of over EUR 250, except in the unthinkable event of us causing a problem intentionally or acted recklessly."

WARRANTIES AND INDEMNIFICATIONS

Except as expressly provided in these Terms of Use, Buiten-Yoga makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Buiten-Yoga does not guarantee that the Platform shall lead to a successful yoga experience or to the achievement of any skills, levels and/or experiences related to a particular class/event experience.

The conclusion and performance of Bookings, including any payment obligation resulting therefrom, as well as the cancellation of Bookings is the sole responsibility of you and an Organizer. You indemnify Outdoor-Fitness from all claims submitted by an Organizer or a third party that relates to Bookings made by you with that specific Organizer, as well as to the payment of such Bookings. However, Buiten-Yoga will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.

Notwithstanding the abovementioned, Buiten-Yoga guarantees that you get a refund of what you have paid when you cancel your Bookings in conformity with the Organizer’s terms and conditions regarding cancellation.

You guarantee that you will not use the Platform in a way that:

  • infringes the rights of Buiten-Yoga or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
  • is contrary to any current legislation or regulations; or
  • is contrary to any provision in these Terms of Use.

 

IN OTHER WORDS:

"Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility."

 

UNLAWFUL CONTENT

Outdoor-Fitness is not responsible for any content made available on the Platform. Outdoor-Fitness will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.

Outdoor-Fitness has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Buiten-Yoga. This can be done by flagging the specific content as unlawful, reporting it via info@outdoor-fitness.nl, whereupon Outdoor-Fitness shall receive a notification.

Outdoor-Fitness reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Outdoor-Fitness can request a court order from a competent court in The Netherlands to determine whether the material or the activity is unlawful and should be removed.

Outdoor-Fitness will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.

The person that has reported unlawful content indemnifies Outdoor-Fitness from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Outdoor-Fitness suffers, could suffer or which Outdoor-Fitness incur in relation to such a claim, including but not limited to the compensation of legal assistance.

Outdoor-Fitness respects and protects the privacy of those who report (alleged) unlawful content. All personal data Outdoor-Fitness receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.

IN OTHER WORDS:

"In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content."

APPLICABLE LAW AND COMPENTENT COURT

The Terms of Use and the use of the Platform are governed by Dutch law. Any and all disputes arising from or related any agreement between Parties will be brought before the competent court in Amsterdam.

Outdoor-Fitness may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without Buiten-Yoga's prior written consent.

If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

These Terms and Conditions and the use of the Platform are governed by Dutch law.

Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Amsterdam.