This Terms & Conditions relate to your Agreement with Sportjeal and any use of the Apps en Website Sportjeal. Sportjeal advises you this Terms & Conditions carefully so that you know what rights and obligations you have.
If you have any questions about this Terms & Conditions or would you like to contact us about other matters Sportjeal, then you can contact us via our contact form.
Article 1: Definitions
Account: the personal and protected environment of the user (hereinafter also: Account) within the Website of Apps which the user can access after entering his Credentials;
Terms and Conditions: this Terms & Conditions van Sportjeal.
Content: all information provided by Sportjeal on the Website or for Apps has been posted, including but not limited to the exercises, study material, videos, games, texts, tables, reports, overviews and the layout and look-and-feel of the Website en Apps;
Service: de Service credentials for Sportjeal to the User grants on the basis of the between Sportjeal and the User Closed Agreement. The Service consists of making available and offering a Website and several Apps, on which Sportjeal de Content places, as further described on the Website & Apps and in Article 4;
IP rights: all intellectual property rights and related rights, such as copyrights, trademark rights, trade name rights, database rights and neighboring rights, as well as know-how and line services;
Credentials: the email address and password with which the User gets access to his Account, as further described in Article 3;
User: the natural person who uses a Account uses the Service as a participant or team member for the benefit of the closed Agreement with Sportjeal (hereinafter also referred to as “you”, “you” or “your”);
Trainer: the natural person who uses a Account uses the Service as a trainer or TC for the closed Agreement with Sportjeal;
Club: the association or other organization that operates through one or more Showcase uses the Service as a club or organization for the benefit of the closed Agreement with Sportjeal;
Agreement: de Agreement that the User with Sportjeal has closed;
Sportjeal: Sportjeal BV, with its registered office and principal place of business in Voorschoten, and registered in the Trade Register of the Chamber of Commerce under number 68409931 (hereinafter also referred to as “we” or “us”);
Website: one of the Websites of Sportjeal, including sportjeal.com, the underlying pages, (web) applications.
Apps: one of the (mobile) apps from Sportjeal, including the Sportjeal Gamificator App, Sportjeal Play App, Sportjeal Academy App, and the Sportjeal Account App and all (mobile) apps and/or (mobile) apps linked therein Sportjeal.
Article 2: Applicability
2.1 This Terms & Conditions apply to you Agreement with Sportjeal, any use that you or your User Service and all legal acts or legal relationships between you and Sportjeal.
2.2 We can do these Terms & Conditions change or supplement at any time and will update the amended Terms & Conditions to our Website places. If a change or addition will significantly affect your rights or obligations, we will notify you by email or bring the changes to your attention during your use of our Website of App. If you the Website continues to use after changes or additions to these Terms & Conditions, you thereby accept the amended or supplemented information Terms & Conditions irrevocable. If you do not agree with the amended or supplemented Terms & Conditions, you can stop using the Website en Apps and you Account remove.
Article 3: Access to the Service
3.1 To be able to use the Service, you need one Agreement engage with Sportjeal, after which Sportjeal a Account create and you Credentials provided. You can Credentials change in the manner described on the Website.
3.2 You can do it Account create, activate and manage in the manner described on the Website. The number of) Account(s) is linked to it Account and the Agreement Userunless one is loose Account can be created. The User is liable for all use of the Service that through the Credentials his User is made.
3.3 You serve yourself Credentials to keep secret. As soon as you know or suspect that you Credentials have fallen into the hands of unauthorized persons, you serve Sportjeal to inform you thereof, without prejudice to your own obligation to immediately take effective measures yourself, such as changing the Credentials.
3.4 You stand by it Sportjeal for that the information you provide when entering into the Agreement provided is complete and correct. You are responsible for the correctness and completeness of the information provided as well as for adjusting the information if it is no longer correct.
3.5 It is not permitted to:
a. other Users for their Credentials to ask or register via someone else's Account;
b. to provide or attempt to provide you with access to the Website of Apps otherwise than by using your own Credentials;
c. give someone else access to you Account.
3.6 Sportjeal is entitled at any time, without prior notification and without becoming liable for damages to you, (parts of) the Service, Website, Apps and / or Content (temporarily) put it out of use and/or limit its use if this is necessary in its opinion, for example in the context of the reasonably required maintenance of the Website.
3.7 Sportjeal does not guarantee that the Website, Apps and the Service accessible at all times and without interruptions or disruptions. Disruptions may occur partly, but not exclusively, as a result of disruptions in the internet or telephone connection or due to viruses or errors/defects. Sportjeal is in no way liable or liable for damages to you for any damage arising from or resulting from the (temporary) unavailability or (interim) failure of the Service, Apps or for Website.
Article 4: Use of the Service
4.1 The Service consists of making available a Website en Apps. On the Website en Apps can the User practice with the information provided Content and can the User gain insight into one's own progress.
4.2 The functionalities of the Website en App and the available Content depend on the type Account that you have and can therefore per User differences.
4.3 The User guarantees that being User always acts in accordance with what is stated herein Terms & Conditions. The User is responsible and liable for all use by its User Service is made. The User indemnifies Sportjeal for all claims from Sportjeal and/or third parties based on the claim that the use of the Service by the User en User is unlawful in any way.
4.4 Your use of the Service can not:
a. are based on untruths and/or misleading;
b. contain viruses, Trojan horses, worms, bots or other software that can damage, render unusable or inaccessible, erase or appropriate an automated work or that are intended to undermine technical protection measures of the Website, Apps, Service and/or the computer systems of Sportjeal to circumvent;
c. consist of using methods other than those used by the Website en Apps tools provided to Website of Apps to search or use data mining, robots or other means to collect data;
d. consist of the use of any tools and/or solutions (in-house or made available by third parties), insofar as these are aimed at taking over any Content, or to the Website of Apps to spider, scrape, search or use and/or view in any other improper way;
e. have a commercial nature, without express written prior permission from Sportjeal;
f. an unreasonable or disproportionate seizure of the infrastructure of the Website of Apps or hinder its functionalities;
g. in the opinion of Sportjeal be contrary to good morals or good taste;
h. conflict with this Terms & Conditions, the Privacy Statement or any applicable laws and/or regulations;
i. infringe the rights of Sportjeal and/or third parties, including but not limited to IP rights and with regard to the protection of privacy;
j. be otherwise unlawful in any way; or
k. the interests and good name of Sportjeal can damage.
4.5 In addition to the other (legal) remedies that Sportjeal th Servicee stand, is Sportjeal entitled to modify the activities of the at any time, without giving reasons and without prior explanation Users in connection with the Service to (temporarily) limit, suspend or disable Showcase temporarily or permanently remove, issue a warning, the Serviceto terminate the grant and refuse to grant the Service to grant, in particular - but not limited to - if:
(i) the Users acts contrary to this Terms & Conditions;
(ii) the User acts in violation of the Agreement or for Agreement ends for any reason;
(iii) Sportjeal believes that actions of the Users damage or liability to yourself, Sportjeal or inflict on others.
Sportjeal will under no circumstances be liable for this.
4.6: When you are an inactive user (and the Service not used for more than 2,5 years). Sportjeal de Services end and your Account remove. Sportjeal will send you a message first to check if it Account must be preserved.
Article 5: Payment
5.1 To be able to use the Service, is the User no compensation is due, unless otherwise agreed.
5.2 To be able to use the Service as Trainer of Club compensation is due, unless otherwise agreed. The price for the Service is due regardless of whether the Users has used the Service, Apps or for Website. The price for the Service depends on the membership duration and the type of package the User decreases. Unless otherwise agreed, the membership types and associated prices are stated on the Website of Apps.
5.2 Payment takes place in the manner described on the Website of Apps and through the User is chosen.
5.3 Sportjeal reserves the right to verify payments via credit card or bank account. If a periodic payment has been agreed and/or payment is not or cannot be made by direct debit, the User within the period stated in it Account.
5.4 If no payment term is stated or otherwise agreed in writing, payment will be made within fourteen (14) days after the invoice date.
5.5 In the event of late payment Sportjeal (subject to its other rights) is entitled - after notice of default - to access the Service to suspend or limit until the moment at which the User has fulfilled all its (payment) obligations, including payment of extrajudicial (collection) costs and interest. Complaints regarding invoices and/or the Service do not suspend payment obligations.
5.6 Sportjeal is entitled to adjust the applicable Reimbursement(s) and related prices and rates as of January 1 of each calendar year, in accordance with the Consumer Price Index, as published by the Central Bureau of Statistics (www.cbs.nl).
5.7 You may use a discount code when ordering and paying. The discount code may be linked to a minimum amount and can only be redeemed once. Multiple discount codes cannot be combined with each other. If you have redeemed a discount code with an order, you will keep it Sportjeal reserves the right to refund the original price Service you have ordered if - due to a cancellation - the total value of the order is lower than the value of the discount code or it does not meet the conditions.
Article 6: IP rights
6.1 The IP rights regarding the Service, Apps and the Website as well as via the Website of Apps made public Content, are vested in Sportjeal and/or its licensors. Nothing in this one Terms & Conditions is intended for some IP rights to the User and / or User to be transferred.
6.2 Under the conditions stated herein Terms & Conditions and for the duration of the Agreement, gives Sportjeal to the User and / or User a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable right to access and use the Serviceincluding the Content, Apps and the Website, for the purposes described herein Terms & Conditions.
6.3 The Users will not perform any actions that could infringe the IP rights van Sportjeal , such as registering domain names, brands or Google Adwords or requesting or reusing substantial parts of the Website, Apps or for Content at least the repeated and systematic retrieval or reuse of insubstantial parts of the Website, Apps or for Content as referred to in the Database Act.
6.4 All information, materials and/or documents containing the Users provided to Sportjeal in the context of the Service remains the property of the Users. Sportjeal obtains a royalty-free, worldwide, perpetual, irrevocable, non-cancellable, unlimited, sub-licensable and transferable license to use and process the information, materials and/or documents in the context of the Service.
Article 7: Guarantees
7.1 The User accepts that the Service only the functionalities, Content and contains other properties as it finds them at the time of use (on an "as is" basis). Sportjeal does not provide any guarantees, undertakings or indemnities with regard to the quality, safety, legality, completeness, integrity and correctness of the Content and the Service, unless otherwise provided herein Terms & Conditions. Sportjeal is therefore not obliged to provide certain information Content to be added to the upon request Website or for Apps.
7.2 In particular, it guarantees Sportjeal not that the use of the Website or for Apps by the User will produce certain results, for example an improvement in performance.
7.3 The reports that the Website of Apps give to the User about the progress of the User are only based on the progress recorded by the User. The User cannot derive any rights from these results, progress reports, statistical overviews or other information provided by means of the Website or for Apps are obtained.
7.4 The User acknowledges and accepts that Sportjeal only one Website en Apps offers with which the Users can practice. Sportjeal is therefore not responsible for any decision made based on the information provided by the User through the Website of Apps has gotten.
Article 8: Liability
8.1 When Sportjeal is liable for damage on any basis whatsoever, it is only liable for the direct damage suffered by you and this liability is limited to the damage actually incurred by the User on Sportjeal fees paid (excluding VAT) for the Service from which the liability of Sportjeal has resulted. Liability is in any case limited to a (total) amount to be paid of a maximum of EUR 5.000.
8.2 Direct damage is exclusively understood to mean:
(i) material damage to property;
(ii) reasonable costs that you would have to incur to ensure the performance of Sportjeal to be in accordance with the Agreement, unless you use the Agreement have destroyed;
(iii) reasonable costs incurred by you to determine the cause and extent of the damage, insofar as the damage concerns direct damage; and
(iv) reasonable costs incurred to prevent or limit damage, insofar as they relate to direct damage.
8.3 Under no circumstances Sportjeal liable for indirect damage. Indirect damage includes consequential damage, lost profits, lost savings, reduced goodwill, damage due to materials or software from third parties and damage due to mutilation, destruction or loss of data or documents.
8.4 The condition for the existence of any right to compensation is always that the User report the damage in writing as soon as possible after it occurred Sportjeal reports. Any claim for damages against Sportjeal expires upon the mere expiration of 30 (thirty) days after the claim arose.
8.5 The exclusions and limitations referred to in this article will lapse if and insofar as the damage is the result of intent or deliberate recklessness on the part of the management of Sportjeal.
Article 9: Entry into force and duration
Entry into force
9.1 The Agreement comes into effect on the commencement date agreed by the Parties, or - if that date is not explicitly stated - at the time when Sportjeal de User provides the opportunity to access the for the first time Service.
Initial duration
9.2 The Agreement is entered into for a fixed period. This term is one (1) year, or if different, as indicated on the Website of Apps in the creation of the Agreement. The Agreement can be canceled at any time, but this interim cancellation will not affect the initial duration of the Agreement and the obligations of the User under the Agreement. When the User the use of the Service interim strike or User its membership User cancel via it Account is Sportjeal not liable for any prepaid compensation for the use of the Service to pay back.
Extension of a certain period
9.3 The User can indicate that he is the Agreement want to extend for a certain period of time. This grant is subject to Article 9.2 Agreement applicable.
Article 10: Termination
10.1 Upon termination of the Agreement, for whatever reason, the right to the Service to use and access to the Website en Apps immediately denied. Sportjeal upon termination for any reason, immediately delete it Account. Sportjeal is not obliged to after termination of the Agreement some information from the Website of Apps to convert.
10.2 In the event of dissolution of the Agreement, there is no undoing of what has been done Sportjeal has already delivered and/or performed and the corresponding payment obligation. Amounts that Sportjeal has invoiced before the dissolution in connection with what Sportjeal in implementation of the Agreement has already properly performed or delivered, remain due without prejudice to the provisions of the previous sentence and become immediately due and payable at the time of dissolution.
Article 11: Right of withdrawal
11.1 You always have the right to Agreement Cancel within 14 days. You don't have to give reasons for this.
11.2 Sportjeal applies to certain membership types, including half-yearly and annual memberships, and only when this is indicated on the Website or in the Apps, a longer withdrawal period (also known as our satisfaction guarantee “Not satisfied, money back”). This means that if you are not satisfied with (the Service by) Sportjeal , you the Agreement can cancel within 30 days.
11.3 The period of the right of withdrawal starts on the day you confirm your membership.
11.4 To exercise the right of withdrawal, you must inform us by means of a clear statement (for example by e-mail). You can do this our contact form to fill in. You must send the statement before the withdrawal period expires.
11.5 Sportjeal will then refund the compensation you paid within 14 days to the account number you specified.
Article 12: Privacy
12.1 The data that the User provided during the ordering process and the data that the Users provided while using the Service will be processed and used in a secure manner in accordance with the Privacy Statement and applicable laws and regulations.
12.2 If the User becomes part of a team, his data is shared with the Trainer and the Club who belong to this team.
Article 13: Information provided
If you do so on your own or at our request Content to us or Sportjeal sends, e-mails, sends by post or in any other way to us or Sportjeal (the “Provided Information”), you grant us, and hereby assign to us and our successors, a fee-free, perpetual, non-revocable, non-exclusive right (including personality rights or, subject to the applicable law of your jurisdiction, you waive any personality rights) and you grant a license (and consent) to use, reproduce, edit, adapt, disclose the Information Provided (in whole or in part with or without use of your name) anywhere in the world , translate, adapt, distribute, communicate to the public, perform and display and/or incorporate the Information Provided into another work in any form, media or technology now known or hereafter developed , for the entire duration of any copyright, trademark rights or other intellectual property rights (collectively: “the Rights”) that apply to the Submitted, and this for any purpose, commercial, advertising or otherwise.
You also guarantee that:
- You own or otherwise control all of the Rights in or to the Information Provided including, without limitation, all the rights necessary for you to provide, disclose, upload, input the Information Provided or to submit;
- To the extent that the Information Provided is subject to proprietary rights of third parties, these third parties have fully waived their proprietary rights (including personality rights), and you have an official license from the rightful owner to grant the above-mentioned license;
- That each person depicted in images, photographs and videos in the Information Provided (as applicable) has consented to the use of such images, photographs and/or videos in accordance with the foregoing license. You acknowledge that we and our successors will be entitled to unrestricted use of the Information Provided for any purpose whatsoever, commercial or otherwise, without compensation being due to the person who provided the Information Information. You also agree that any user may access, store and reproduce the Provided Information you provide in a Community Area for their own use. Subject to the above, the holder of the Submitted Information posted on this Website retains all rights therein. Except as otherwise provided in our Privacy Policy, we are under no obligation of confidentiality with respect to any Information Provided, and we will have no liability for any use or disclosure of any Information Provided.
Article 14: Other
13.1 Sportjeal may have rights and obligations arising from the Terms & Conditions and the Agreement arise, transfer it to third parties and will inform you thereof. It is the User not allowed the Agreement and/or to transfer any of its rights or obligations in this regard, without the express prior written consent of Sportjeal.
13.2 On the Agreement, this one Terms & Conditions and all disputes arising from and/or related thereto, Dutch law applies.
13.3 All disputes arising from and/or related to the Agreement and/or this one Terms & Conditions, will be submitted to the competent court in Amsterdam, unless mandatory law designates another competent court.
Sportjeal v2023-1. Last modified on January 24, 2023.
