Terms & Conditions

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General Terms and Conditions Club Planner

Users declare to explicitly agree to these Terms of Use when using a Club Planner website or any other product or service from Club Planner. The Terms of Use also apply to all contracts of Club Planner. Users of the products and contracting parties to which these Terms of Use apply, will each be hereafter referred to as “the user”.

Privacy Statement

Club Planner values the privacy of its users and therefore values a clear privacy policy. More information can be found in the ‘Privacy Statement’ of Club Planner.

Use

The use of the products of Club Planner by a user is only allowed if these Terms of Use and the Privacy Statement are agreed upon by the user. Therefore, by using one or more products of Club Planner, the user shall be deemed to agree with these Terms of Use (and the Privacy Statement). Club Planner, however, reserves the right to forbid the use of and/or access to its products to any user without prior notice or reason by, for example, blocking or removing right-of-use or by blocking to the software in case Club Planner finds this appropriate, such at its own discretion.

Profiles are restricted to natural persons only. Profiles and groups can be removed without prior notice and shall have no recourse against Club Planner as a result thereof, including, but not limited to, with respect to lost files or information or other direct or indirect damages.

Right-Of-Use

The Right-of-use is issued for a minimum period of 24 months, unless specified differently in the contract. The payment for this right-of-use will be paid every semester unless specified otherwise. The right-of-use will automatically be renewed for a consecutive 3 month period.

Should the user want to end the Right-of-use, the user can do so at any time once the aforementioned minimum period of 24 months has expired. The user must do so by sending Club Planner a written e-mail or letter as proof of cancellation for the Right-of-Use. Your right-of-use can be terminated at the end of every 3 month period, taking into account a required cancellation notice of 3 months prior to the end of said period.

Any termination, regardless of the reason thereof, shall entitle Club Planner to require payment of the full amount owed under the applicable Right-of-use agreement as if the full license period thereunder had been completed in full.
If an invoice has not been paid within 30 days after it has come due, Club Planner has the right to increase the total amount payable immediately by 10% and increase this amount by another 5% for each 30-day period that passes in which such invoice remains unpaid, or the maximum amount allowed in a specific country. User is limited to thirty days following issuance of any invoice to object thereto or user shall be deemed to have consented thereto.

The products and services of Club Planner shall be delivered as soon as possible or within the agreed period after payment. Club Planner reserves the right to restrict access in the event of repeated non-payment or delayed payments for any product or service. Club Planner accepts no liability for any damage in case the delivery takes place after the agreed period.

The right-of-use as agreed upon by the user contains the following points A to E.

A. Software License

A license is issued per physical location or per company owned by the user.

B. Database Hosting

The user’s database is hosted using state of the art cloud technology and is accessible at all times using Club Planner services, provided the user has a functioning and sufficiently stable broadband internet connection. Should the user’s internet connection be insufficient to accommodate for smooth operation of Club Planner services and hardware, Club Planner will not be held accountable nor will it provide a solution for that problem.
Cloud technology allows Club Planner and the user to store digital back-ups for the database(s) at certain points in time. Should the user request the restoration of a back-up database, he/she will pay a lump sum of one working hour. Club Planner will not be held accountable for technical difficulties caused by problems in aforementioned cloud technology, no matter the duration or cost to the user.

C. Domain

Club Planner provides a custom domain per Right-of-use (URL: xxxxxxx.clubplanner.be) . A subdomain with a different URL can be created should the user request it and should Club Planner see a valid reason to do so.

D. Support

Included in the right-of-use is fair use of Club Planner’s support services. Support services include:

• calling the support hotline (available from 9AM to 5PM every WEEK DAY)
• sending an e-mail to Club Planner’s support e-mail address
• Contacting a Club Planner employee directly

Fair use is defined as follows: per right-of-use a maximum of 2 different individuals may use the support services provided. Club Planner has the right to refuse any and all support questions when deemed superfluous, already solved or answered. Club Planner decides, if at all, when, how and in which order it will try and resolve any questions received through the support services. Club Planner can refuse all support requests whenever they see fit.

E. Updates

Club Planner has the right to change, alter and update the services provided whenever they see fit without warning the user prior to implementing the changes.

Should the user request a change of or addition to the Club Planner services, Club Planner decides whether or not it deems those addition(s) or change(s) worthwhile of developing. Should Club Planner decide to develop the requested additions, the user will pay a sum equal to the amount of work put in by Club Planner, calculated according to the hourly lump sum.

Club Planner has the right to add those changes or additions to the software through updates without consulting the user that requested said changes or additions in the first place. Club Planner does not refund the amount charged for the development of those changes or additions when these are included in future software updates.

Objectionable Content

Content may not be submitted to the products and Club Planner moderates all content and ultimately decides whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

Age

In order to use the products of Club Planner, one must be the valid minimum age in the applicable jurisdiction in order to be able to make a valid and legally binding contract for said products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with these Terms of Use or make a binding agreement with Club Planner in any other way. Your access to the products may be terminated without warning if Club Planner believes, in its sole discretion, that the foregoing has not been complied with.

Offered Information

Although the information on all Club Planner websites and the information contained within its products – with the exception of the user-generated content – is made with great care and accuracy, reliability and suitability cannot be guaranteed. Therefore, relying on the information on the Club Planner websites or the information contained within its products, whether or not originating from Club Planner, is completely at the user's own risk.

Rights of Intellectual Property

By accepting these Terms of Use, the user explicitly recognizes that all designs, information, images and other content within any of Club Planner´s products or services are the property of Club Planner, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.

Club Planner grants the user a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use its products as detailed in the applicable Purchase Overview & Right of Use for personal purposes and under these Terms of Use.

It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content referenced above for direct or indirect commercial purposes, unless explicitly agreed in written form with Club Planner.

The user agrees not to perform any acts that infringe or could reasonably infringe the rights of Club Planner detailed herein. To the extent that Club Planner agrees with any third-party to include any of its intellectual property in any product or service of Club Planner, the user shall have the same rights, responsibilities and restrictions with respect to such intellectual property as those with respect to the intellectual property of Club Planner as against the user.

Change of “Doing Business As” Name

In the event the user is a business licensing Club Planner’s software, and desires to change the business name under which it operates, said user shall pay to Club Planner a one-time (for each such change) transition/administrative fee equal to 99,00 EUR (or $99.00 in the case of U.S. dollars for U.S. clients), excluding applicable taxes, subject to increase for overly burdensome requirements applicable to Club Planner in connection with facilitating the transition with respect thereto, at its discretion. Payment hereunder shall be due within 14 calendar days of invoice. Any failures with respect to payment may be submitted to one or more collections agencies for processing in addition to the exercise of any other legal rights provided by applicable law. In the event that there is to be an intended successor to the user, user agrees to cause such successor to execute and deliver an assumption agreement, to be supplied by Club Planner, with respect to the assumption hereof and the applicable License Agreement, which shall be a condition to any release of user’s obligations hereunder and thereunder, to the satisfaction of Club Planner.

Licensing for Shared Information

The user grants Club Planner a continued, worldwide, unlimited, irrevocable, non-exclusive license without any extra remuneration by Club Planner, including the right to sub-license, to all information, including, but not limited to, texts, images, photos, video and sound files, designs and user information, which is uploaded to, shared with or saved within the products or services of Club Planner or shared with Club Planner in any other way by the user (hereafter: “the Shared Information”) to use, copy, distribute, transfer, perform, modify, or use, for commercial or other purposes, through all existing media.

Club Planner shall protect its users’ privacy and act in accordance with applicable European and United States privacy legislation and international data security standards. Club Planner shall not sell or otherwise share personal data of its users to third parties for marketing and sales purposes, unless in the case of prior written consent by the user(s) of the data involved. More information can be found in the Privacy Statement linked above. By accepting these Terms of Use, the user guarantees that the Shared Information does not infringe any intellectual property right, privacy or other rights of third parties, does not contravene any applicable law, does not contain pornographic material nor is otherwise offensive, does not constitute a threat or defamation, is free from viruses or other code which is harmful or could be harmful to Club Planner and has no commercial purpose. The user remains fully responsible and liable for any direct or indirect damage caused to Club Planner and third parties due to the Shared Information.

Communication

Club Planner may send varying communications to users via the products, including update notifications or reminders, emails or other communications. Users can indicate in the settings to what extent they wish to receive said communications. The user agrees that Club Planner may approach the user for important changes or updates to the products in case deemed necessary by Club Planner. Such communication shall in principle never contain any commercial messages from third parties.

Users can communicate with each other within the products, e.g. by placing comments or sending messages or discussing within groups. The user declares 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, offensive, 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 products and services of Club Planner and termination of the user license.

Club Planner is at any time free to delete any user communications or other Shared Information without any prior or further notice to the user if these are regarded to be below standard or otherwise inappropriate by Club Planner.

For all communication and contact via the products of Club Planner, the following user guidelines apply:
a) Keep it always fun and positive
b) Treat other users with respect
c) Respect opinions of others, even if you do not agree with it
d) Do not place “off-topic” messages within discussions
e) Do not bother people with irrelevant matters
f) Do not advertise for any products or services


Information from Third Parties

The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (hereafter: “Information from Third Parties”).

Information from Third Parties generally is and cannot be previously checked by Club Planner, which means that we cannot guarantee the quality and validity thereof. Club Planner is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.

Third Parties may connect to Club Planner via the API of Club Planner or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Use and the Privacy Statement of Club Planner do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions and privacy statements. Club Planner shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.

Unlawful Information

The products may contain information from third parties or refer thereto, including but not restricted to information created by users, advertisements, banners and/or website links (see: “Information from Third Parties”).

Information from Third Parties generally is and cannot be previously checked by Club Planner, which means that we cannot guarantee the quality and validity thereof. Club Planner is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage that may result from it.

Third Parties may connect to Club Planner via the API of Club Planner or obtain access to publicly available data contained within the products, including possibly personal user data that has been published on the products with the user’s permission. Besides that, Third Parties can obtain access to public and closed personal data via the API, when a user explicitly gives permission for it. These Terms of Use and the Privacy Statement of Club Planner do in principle not apply to Information from Third Parties unless otherwise described therein. These Third Parties may use different general terms and conditions and privacy statements. Club Planner shall also be entitled to invoice users for any Third-Party fees, costs and expenses necessary to provide the products and services to the user, including any subsequent changes thereto.

Paid Products

The listed prices of the products are in Euros or USD, as applicable, and exclude value-added tax, unless explicitly stated otherwise. All listed prices are conditional and can be adjusted without prior notice. User shall direct questions with respect to license fees to info@clubplanner.be.

Increases to the Right-of-use fee are calculated automatically, taking into account the selected modules and other determining information. For example, when the load on our servers and traffic increases significantly Club Planner has the right to adjust the Right-of-Use fee.
Our systems are unable to process decreases in the right-of-use fee on an automated basis and therefore any factors that would result in a decrease of the license fee (e.g., decrease in server load) must be communicated to us at info@clubplanner.be at least 14 calendar days prior to any change being able to take effect. No decrease in license fee shall cause the license fee to be less than such amount that was applicable at the start of the then-current one-year license period for the applicable term during such term; provided, however, that beginning with the start of the next one-year license period following such decrease, such fee may revert to that which existed at the start of the previous one-year license period depending on the number of coaches, but no less. Any license fees due will be collected automatically on a monthly basis within up to five days in advance of the invoice period.

Hardware

Should the user note a deficiency or malfunction on a piece of hardware manufactured or supplied by Club Planner, they should contact Club Planner support services. In case the users wants to fix, alter, modify, change or repair said hardware it must ask for Club Planner's explicit permission.

Proprietary hardware (IoT module, circuit boards, ...) manufactured by Club Planner BV remain the property of Club Planner BV and can in no circumstances be altered, changed, tampered with, adjusted or reprogrammed. Should Club Planner note that the proprietary hardware has been tampered with the user can be fined up to €2500 .

The user is allowed to acquire hardware through different channels. The user can contact Club Planner's support services to confirm the hardware's compatibility with Club Planner's services before purchasing said products. The user does so at their own risk and peril. Club Planner is in no way or situation obliged to install or ensure compatibility with it's platform.

Creation of Branded Applications

In addition to any other applicable terms thereto, due to policy changes implemented by Apple with respect to its app store, Club Planner is unable to publish branded applications with Apple for clients. Club Planner cannot be held liable for changes in policy or actions otherwise made by Apple, which result directly or indirectly in additional costs, decrease in income or other changes which may negatively influence the user.

Modifications to the Products

Club Planner explicitly reserves the right at any time to modify, stop or change all or a part thereof of one or more of its products or services, for a determined period or in perpetuity, without prior notification or after to the user, whether it concerns paid or unpaid products. This may also result in inaccessibility or loss of a part or the whole of the Shared Information, including the Shared Information of the user. Club Planner cannot be held liable for any direct or indirect damage resulting thereof. In case of such a modification of the products, for whatever reason, the user will have on his request the (already) paid amounts to Club Planner or her partners refunded pro rata, subject to the discretion of Club Planner. For the avoidance of doubt, user shall have no right to pause the license period for any of the products or services; any such action shall be in the sole discretion of Club Planner.

Modification of Terms of Use

Club Planner reserves the right to change these Terms of Use at any time. After such a modification, the modified Terms of Use will be offered for inspection immediately on Club Planner’s website. By using the website and the other products of Club Planner after changes to the Terms of Use, the user shall be deemed to agree to the modified Terms of Use.

Conformity and Exclusion of Liability

The products and the content thereof are delivered by Club Planner as such, including potential defects. Neither Club Planner, nor its representatives, partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the products or services or any content thereof.

Club Planner cannot and does not guarantee that the products or services are available at any moment at any location, and that said availability will occur safely, or that any errors will be solved or that the products will be free from viruses or other potentially damaging software or parts.

The user acknowledges that the products may contain potential defects and accepts the risks for any direct or indirect damage that may occur thereof. In no case shall Club Planner be held liable by user or any third-parties in the case of damages resulting directly or indirectly in the case of any defect in its products or services. Club Planner’s liability shall in any case be limited to the equivalent of six months license paid by the user or EURO 2,500.00, whichever is less. The user cannot terminate any agreement with Club Planner based on actual or perceived non-compliance with any term thereof.

Ownership

All delivered products remain the property of Club Planner until paid for in full. For proprietary hardware manufactured by Club Planner, the user pays for the right-of-use but the product remains the property of ClubPlanner BV.

Application and Competence

These Terms of Use replace all prior agreements or commitments with respect to the matters contained herein.

One or more parts of these Terms of Use may not apply in the applicable legal system or be found to be unenforceable. In any such case, the remaining parts of these Terms of Use shall remain valid between the user and Club Planner.

Medical consultation before exercising

Exercise or dieting can be risky to your health, including the potential for injury or death. Users who wish to begin exercising or dieting with Club Planner products and services should first consult a physician and/or nutritionist. Users who experience pain, dizziness or shortness of breath should stop exercising or dieting immediately and seek medical advice.

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