1. Applicability
1.1 In these general terms and conditions of Workouts Wizard, the following terms have the meanings set out below:
1. Workouts Wizard: hereinafter referred to as Workouts Wizard 2. Client: the client who uses the services and systems of Workouts Wizard 3. Terms: the general terms and conditions of Workouts Wizard, available at https://www.workoutswizard.nl/algemene-voorwaarden. 4. Agreement: an agreement between Workouts Wizard and the client for the supply of services and/or support services, including the Terms.
1.2 The Terms apply to, and form part of, every offer and every Agreement.
1.3 General terms and conditions proposed by the client do not apply, are expressly rejected and are not binding, unless and to the extent that Workouts Wizard has specifically accepted them in writing.
1.4 Deviations from the Terms are valid only if expressly agreed in writing.
1.5 The possible invalidity of any provision of the Terms shall in no way affect the validity of the other clauses, despite the invalidity of the disputed clause. Workouts Wizard and the client will make every effort to replace the invalid clause, by mutual agreement, with a valid clause having the same or substantially the same economic effect as the invalid clause.
2. Delivery of the service and/or support services
2.1 Workouts Wizard guarantees that it will perform the services and/or support services to the best of its ability, exercising sufficient care and skill. In respect of the services and/or support services, Workouts Wizard has an obligation to use its best efforts only, and no obligation to achieve a particular result. The client is at all times obliged to pay the fees for the service and/or support service, regardless of its outcome.
2.2 Workouts Wizard is not liable for damage of any kind, including damage resulting from incorrect and/or incomplete information provided by the client.
3. Membership
3.1 Every membership supports the work of Workouts Wizard and contributes to new features and a better system. The Workouts Wizard app has 1 membership with different payment periods. This membership provides the same access to the system. The collective benefits and/or savings services included in this membership may change. Collective schemes and/or savings services may be added if they meet consumer needs and Workouts Wizard succeeds in adding such a service to its offering. Conversely, a collective scheme/savings service may also be discontinued for various reasons. We will, of course, always inform you of this.
3.2 You pay a membership fee for membership. This can be paid monthly or annually.
3.3 Membership takes effect immediately after registration.
3.4 You can cancel your membership at any time. Cancellation takes effect within the period of your subscription after we have received the cancellation, or at a later date if you wish. This can vary from 1 month to 1 year, depending on the subscription you have chosen.
3.5 The payment method and frequency remain as agreed for the initial contract period.
3.6 All fees quoted by Workouts Wizard include VAT for private individuals. Where an invoice is issued to a business with a VAT number or to a member of a liberal profession, all fees exclude VAT.
3.7 Workouts Wizard has the right to change the fees at any time.
4. Complaints
4.1 The client must report complaints about the services supplied to Workouts Wizard as soon as possible, and no later than 48 hours after completion of delivery of the service/support service, in writing or by email to info@workoutswizard.com.
5. Offers and promotions
5.1 Offers and promotions we provide, such as discounts, prize draws and competitions, are temporary. After the closing date, which we always state explicitly, you can no longer use the relevant offer or promotion.
5.2 We may determine that offers or promotions are available to members, non-members or both groups.
5.3 Special Promotional Terms may apply to temporary offers and/or promotions.
5.4 Each person may benefit from an introductory membership or subscription offer only 1 time.
6. Liability and indemnity
6.1 Workouts Wizard is not liable for damage of any kind, regardless of cause, except in the event of intent and/or gross negligence on the part of Workouts Wizard. If and to the extent that Workouts Wizard is liable on any grounds whatsoever, that liability is at all times limited to 2 times the invoiced amount for the service or support service.
6.2 The client indemnifies Workouts Wizard against all third-party claims concerning intellectual property rights in materials or data used or supplied by the client in connection with the performance of the service or support service.
6.3 For quality control purposes, Workouts Wizard may monitor telephone or email communication with Workouts Wizard employees.
7. Membership fees and payment
7.1 For private subscriptions, you owe a financial contribution for membership. You can pay the amount due by direct debit; these memberships can only be paid for through the Play store or the App store. Subscriptions for businesses and companies will be invoiced.
7.2 We announce fee changes on our website at least 4 weeks in advance. We charge the changed amount on the next occasion that your membership fee is due.
8. Late payment or non-payment
8.1 You are in default if you do not pay on or before the payment deadline.
8.2 If you have not paid after 2 or more payment reminders, we may terminate the agreement. From that point, we may also charge the collection costs permitted by law and/or refer the debt to a collection agency.
8.3 We may offset outstanding payments against outstanding claims, provided these amounts are sufficiently connected.
9. Non-performance
9.1 If Workouts Wizard or the client fails to fulfil one or more obligations, the other party may suspend performance of the corresponding obligation or obligations, to the extent and for as long as the failure justifies this.
9.2 If Workouts Wizard or the client continues to fail to fulfil one or more obligations under the agreement after a demand for performance, the other party may terminate the agreement unless the specific nature or minor significance of the failure does not justify this.
10. Cancelling or changing membership
10.1 You can notify us of changes to your personal data and cancellations of membership and/or subscriptions as follows:
- By telephone: Monday to Friday, 8.30 – 18.00 (06 – 287 986 79)
- Email: Via info@workoutswizard.com
- Website: Via www.workoutswizard.nl
10.2 You can cancel a membership at any time. Cancellation takes effect after the length of the subscription following our receipt of the cancellation, or at a later date if you wish.
11. Privacy
11.1 The way we handle the personal data you provide is set out in our privacy statement, available at https://workoutswizard.nl/privacy-verklaring
12. Changes to the Terms
12.1 We reserve the right to amend these General Terms and Conditions.
12.2 Individual deviations from these General Terms and Conditions must be recorded in writing.
13. Force majeure
13.1 Neither party is responsible or liable for any delay or failure in the performance of the service or support service resulting from force majeure.
14. Applicable law and disputes
14.1 Dutch law applies.