Declaration of Consent
IF THE USER WISHES TO MAKE USE OF THE APP, THE USER MUST FIRST ACCEPT THESE TERMS AND CONDITIONS BY READING THEM, OR BY CLICKING ON THE ‘AGREE’ FIELD. A COPY OF THESE TERMS AND CONDITIONS WILL BE DELIVERED TO THE USER BY EMAIL.
General
2.1 The following definitions shall apply with regard to the application of the present Terms and Conditions:
BALLET WORKOUT, hereinafter also referred to as the “APP”: the software application and accompanying services that were developed to independently teach Users exercises in classical ballet and dance, with a view to promoting their physical fitness, health and posture
Subject
3.1 THE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO THE CONTRACTUAL RELATIONSHIP BETWEEN BW AND THE USERS FOR THE PRIVATE USE OF THE APP BY THE USERS.
3.2 The Terms and Conditions also apply to all content that is provided, read or distributed, in whatever way, for the benefit of, through, from or in the APP.
3.3 The APP was developed to enable Users to independently learn classical ballet exercises and dance with the ultimate goal of improving their physical fitness, health and posture. The APP incorporates numerous functions including (without being exhaustive) instruction materials for exercises, calendars, tips for healthy nutrition and recipes, etc.
3.4 BV provides the User, for the duration of the subscription, a non-exclusive, non-sub-licensable and non-transferable license for the duration of the Subscription for the use of the APP, to be used exclusively for the User’s non-commercial objectives.
3.5 It is not permitted:
3.5.1 to use the APP for commercial purposes;
3.5.2 to reuse exercises and sequences of the APP for commercial purposes;
3.5.3 to project the APP on a screen (of whatever size) for use by two or more participants, regardless of whether these have paid to participate in the relevant session or not; and
3.5.4 to copy, capture and distribute any content of the APP, through other channels or other media.
3.6 BEFORE THE APP CAN BE TAKEN INTO USE, THE USER SHALL READ AND ACCEPT THE CONTENTS OF THE PRIVACY STATEMENT. THE PRIVACY STATEMENT MAY BE CONSULTED, DOWNLOADED, SAVED AND PRINTED VIA [URL].
3.7 In those cases where the APP makes use of services or products provided by Promoters, the general terms and conditions and the privacy and/or cookie policy of the relevant Promoters will apply. BW is not responsible for the services, products, general terms and conditions and privacy and/or cookie policies of these Promoters. Neither is BW responsible for the promotional activities offered.
User account
4.1 In order to make use of the APP, Users are required to register in the APP by creating a user account.
4.2 The user account is valid for the duration of the Subscription.
4.3 To ensure that the registration process is completed correctly and the Subscription activated successfully, the User must have a smart phone with an iOS or Android operating system, a valid email address, a valid mobile telephone number and a valid debit card.
4.4 THE PASSWORD MUST BE TREATED BY THE USER WITH STRICT CONFIDENTIALITY. USERS ACKNOWLEDGE THAT THEIR USER NAMES AND PASSWORDS ARE UNIQUE AND MAY NOT BE PASSED ON TO, TRANSFERRED TO OR SHARED WITH ANY THIRD PARTIES WHATSOEVER. If a password has become known by a third party, the User must immediately change the password or contact us at info@balletworkout.be.
4.5 The User must ensure that the details that were entered in his/her user account are truthful and accurate. Taking into consideration that communication with the User takes place via email or a mobile telephone number, the User must have a valid email address or functioning mobile telephone connection. In the event of any changes to the User’s email address or other personal data, this must be edited immediately in the User’s account.
4.6 Users have sole responsibility for the data they upload in or distribute via the APP.
4.7 Users shall undertake to ensure that they use the APP with due care. BW may delete data from the APP if it is of the opinion that this data is contrary to what is considered normal use, common decency or the prevailing legislation.
Data connection
5.1 The User must ensure that his/her data connection functions as adequately as possible.
5.2 The functioning and performance (speed) of the data connection depends on factors over which BW has no influence. These include exceptional disruptions, a worsening of the data connection and/or an interruption of the data connection. BW cannot be held liable for this.
5.3 In order to make use of the APP, the User will need to ensure, at his/her own cost, that he/she is in possession of the necessary equipment and that this is connected to the internet.
Payment
6.1 THE APP IS ACTIVATED UPON RECEIPT OF PAYMENT (REGARDLESS OF THE PAYMENT METHOD USED).
6.2 All payments must be made in Euro. PRICES ARE GROSS, VAT INCLUDED.
6.3 Barring written agreements to the contrary between the Parties or any other notification to the contrary prior to issuing the invoice, invoices are to be paid immediately upon receipt. As from their due date, invoices will be subject by operation of law and without any notice of default being required to twelve per cent (12%) interest per year calculated on a pro rata basis commencing on the due date until the invoice amount has been paid in full.
6.4 The above articles do not detract from BW’s right to suspend or terminate access to the APP in the event of overdue payment or non-payment.
6.5 Users accept that, even if the APP were to be offered at no charge for either a specified or non-specified duration, the Terms and Conditions will apply without prejudice and by analogy.
Subscription term
7.1 THE SUBSCRIPTION TERM DEPENDS ON THE FORMULA THAT WAS CHOSEN AND ACTIVATED BY THE USER, AND IN REGARD OF WHICH THE USER HAS RECEIVED ADEQUATE INFORMATION VIA THE WEBSITE.
7.2 Upon termination of the Subscription term, the User may receive an offer from BW to extend this Subscription for payment.
7.3 The User may terminate the use of the APP at any moment by deleting or uninstalling the APP from his/her mobile device. Deleting or uninstalling the APP does not imply that the User is entitled to any form of refund of the Subscription fee. Neither is BW held to reactivate a Subscription if the User has deleted or uninstalled the APP.
7.4 In the event of an early termination of the Subscription by the User, for whatever reason, BW will not be held to any form of refund of the fees paid.
7.5 Every Party has the right, without judicial intervention, to terminate the agreement with immediate effect by means of registered letter if the other Party has committed a material breach of contract and this breach of contract cannot be rectified, or, if this breach of contract can be rectified and the other Party remains in default with regard to rectifying the breach of contract, within fifteen (15) calendar days, to be counted from the date on which the written notice of default, including a request to rectify the breach of contract, was received.
7.6 BW IS ENTITLED AT ALL TIMES TO TEMPORARILY RESTRICT THE USE OF THE APP OR TO DENY ACCESS TO THE APP, IN WHOLE OR IN PART.
7.7 BW has the right to deny access to the APP or to terminate the Subscription without any judicial intervention or payment of any form of damages being required, with immediate effect by email if:
the User fails to pay the amount owed;
there is reason to believe that the User has been using the APP for commercial purposes;
there are indications of misuse of the APP by the User;
the User has violated BW’s intellectual property rights; and/or
this is necessary with a view to remedying a situation of force majeure.
Intellectual property rights
8.1 USERS ACKNOWLEDGE THAT BW IS THE OWNER OF THE INTELLECTUAL PROPERTY RIGHTS TO THE APP AND THE WEBSITE.
8.2 Users are prohibited from infringing BW’s copyrights, brand rights, design rights, patent rights, databank rights and other intellectual property rights.
8.3 The User shall refrain from copying, reproducing or making changes to the layout, text, images, drawings of exercises and exercise sequences, domain names, software (both the binary and the source code), logos and names of BW or the Website.
8.4 The User may not make the APP available to third parties or adjust, copy, duplicate, sell, lease, or decompile the APP, or subject it to reverse engineering, or reproduce it (or have it produced by third parties) without BW’s prior consent.
8.5 The User may also not remove or circumvent any technical provisions that were installed to protect the APP (or have these removed or circumvented by others).
8.6 Users will refrain from any action that can in any way be damaging to the Brand or any form of reputation or goodwill associated with the Brand.
8.7 BW is not responsible for any infringement of intellectual property rights of third parties arising from the use of the APP.
Liability
9.1 USE OF THE APP IS AT THE USER’S OWN ACCOUNT AND RISK.
9.2 BW does not guarantee the uninterrupted availability of the APP.
9.3 BW cannot be held liable:
for damage arising from the use of the APP;
if the user is unable to achieve the goals formulated in the APP; and/or
for any changes in the APP’s calendar.
9.4 The User shall undertake to ensure that his/her use of the APP and the Subscription is not in violation with these Terms and Conditions, any statutory provisions or rights of third parties. Additionally, the User will not, through his/her use of the APP, cause any form of nuisance or damage (or have this caused by a third party) to the detriment of BW or third parties, nor will the User use the APP in any way that could disrupt the proper operation of the APP.
9.5 The User will indemnify BW against all claims put forward by third parties for damage arising from and/or relating to the use (or improper use) of the APP and/or the Subscription.
9.6 Without prejudice to all other rights, BW cannot in any way be held liable for any form of damage that was caused:
if it cannot be demonstrated that the defects were present at the moment that the APP was brought into circulation;
if BW, taking into consideration current technology, could not have been aware of the presence of the defects;
arising from brief interruptions in the availability or functioning of the APP or the Website for maintenance purposes;
as the result of theft or hacking of the APP or Website, on condition that BW has taken all reasonable security measures in accordance with current technology;
by phishing, farming or other forms of internet fraud or other criminal activities;
on account of force majeure, which is defined (without being exhaustive) as fire, explosions, flooding, storm damage, lightning strike, electricity failure, strikes and government measures;
arising from the faulty functioning of the internet connection, broadband connection, or any other service, infrastructure or hosting over which BW has no control;
by defects in the hardware or software used by the user in combination with the APP;
by viruses, Trojan horses or bugs in the hardware or software used by the User and that were not supplied or made available by BW;
by errors or omissions on the part of the User, including the performance of the exercises:
at a location that is unsuitable for this purpose;
on a floor that is unsuitable for this purpose;
without performing warm-up exercises first;
without having an adequate degree of basic physical fitness;
without wearing suitable clothing or shoes;
if the instructions were insufficiently clear to the User;
if there are any medical antecedents that constitute a good reason for not doing these exercises;
when under influence of any form of medication or any type of addictive substance, drugs or alcohol;
in connection with recipes posted in the APP, or any faulty dosage of ingredients, allergic reactions or intolerances that the User should independently be aware of;
on account of any acts or omissions on the part of the User, such as (without being exhaustive) the faulty or improper use of the APP or the Website, the inadequate retention of the password or the transfer of the password or unique user name to third parties;
arising from use that is in violation with the purpose for which the APP is intended, or in conflict with public morals or applicable laws and regulations, including specifically (but without being exhaustive) any criminal or threatening actions, infringement of privacy laws, infringement of intellectual property rights, etc.;
on account of any acts or omissions on the part of the Promoters that advertise their products or services via the APP or the website;
by any products and services provided by third parties, or the manner in which these are offered, sold, rented, used, supplied or performed;
by any comments or feedback provided by Users on social media or public forums with regard to BALLET WORKOUT.
9.7 EXCEPT IN THE CASE OF DELIBERATE INTENT, BW CANNOT BE HELD LIABLE FOR ANY DAMAGE, OF WHATEVER NATURE, IN CONNECTION WITH THE TEMPORARY, IMPROPER OR PARTIAL UNAVAILABILITY OF THE APP AND THE FAILURE (WHETHER PARTLY OR ENTIRELY) OF THE USER’S MOBILE OR OTHER INTERNET CONNECTION. ANY LIABILITY ON THE PART OF BW IS LIMITED TO THE SUM TOTAL OF THE SUBSCRIPTION FEES PAID BY THE USER.
Protection of personal data
10.1 BW processes Users’ personal data for the following purposes:
To enable Users to use the APP
To improve the content and user-friendliness of the APP and the Website
User management
Bookkeeping and invoicing
To personally inform Users about the calendar or changes therein
To personally inform Users about products or services
To personally inform Users about products or services offered by Promoters
10.2 Users’ personal data may be disclosed to the Promoters affiliated with BW for one or more of the purposes listed above. BEFORE PERSONAL DATA MAY BE USED FOR THE LAST THREE ITEMS MENTIONED ON THE ABOVE LIST IN ARTICLE 10.1, A MESSAGE WILL APPEAR TO EXPRESSLY ASK THE USERS FOR THEIR CONSENT. The above provision does not detract from BW’s right to place general advertisements on the Website without prior warning, whether for the benefit of BW or third parties.
10.3 THE USER HAS THE RIGHT TO CONSULT HIS/HER PERSONAL DATA. THE USER ALSO HAS THE RIGHT TO (I) REQUEST THE CORRECTION OF HIS/HER PERSONAL DATA AND (II) REQUEST THE DELETION OF HIS/HER PERSONAL DATA. ADDITIONALLY, THE USER HAS THE RIGHT TO OBJECT TO THE PROCESSING OF HIS/HER PERSONAL DATA FOR ADVERTISING PURPOSES.
10.4 Users wishing to exercise their rights as listed above may contact BW at the following email address: info@balletworkout.be.
10.5 BW uses cookies to facilitate the use of the website or the APP. Cookies are files that a web server sends to the User’s computer, which allows the computer to be identified for the duration of the session. Most browsers have been set to automatically accept these cookies. The User may, however, deactivate the retention of cookies or adjust the settings of his/her browser in such a way that he/she will receive notification prior to the cookie being installed (or not installed) onto his/her computer.
Force Majeure
11.1 Force majeure is intended to be understood as all circumstances beyond the control of either Party arising after entry into the agreement and that cannot be attributed to either Party, and impede the execution of the agreement, such as: natural disasters, terrorism, political unrest or war, fire, mobilisation, confiscation, embargo, a lack of transportation, a general scarcity of raw materials, shortcomings on the part of suppliers, restrictions with regard to energy use, long-term illness, etc.
11.2 The Party invoking the circumstances as referred to above must immediately inform the other Party of the commencement as well as the termination of these circumstances in writing.
11.3 The existence of any of these circumstances will relieve BW of all liability arising from the non-execution of the agreement for the duration of the force majeure situation.
Applicable Law
This agreement was drawn up in accordance with Belgian law and is governed exclusively thereby.
Competent courts
Any disputes shall be settled exclusively by the competent courts in the court district where BW is established.
Nullity, impracticability or non-enforceability
The nullity, impracticability or non-enforceability of any clause of the present Terms and Conditions will not deter from the validity, practicability or enforceability of these Terms and Conditions.
Changes
15.1 BW is entitled at any time to modify the APP, to change or delete data, or to temporarily or permanently restrict the use of the APP, in whole or in part.
15.2 BW may make an upgrade of the APP available. This upgrade will, in such a case, qualify as the APP within the meaning of the Terms and Conditions.
15.3 BW shall at all times have the right to amend these Terms and Conditions. The amended or new terms and conditions will apply from the moment at which the Subscription has been extended. If the User does not agree with these new terms and conditions, he/she shall not agree to the extension of his/her Subscription, and shall be required to delete or uninstall the APP.
Language
The only Terms and Conditions that can be used as a criterion for any interpretation of the wording used are those in the Dutch language. Translations into French, English, German or any other language have been drawn up by BW solely for the User’s reference.