GENERAL TERMS AND CONDITIONS OF THE 90 DAY CHALLENGE 2024
VISION AND MISSION
The 90 Day Challenge is a challenge in its own right. The Application offers information about fitness, form, nutrition, health and well-being in an accessible and inspiring way. 90DC offers Customers a challenge within that context. 90DC wants Customers to be inspired to exercise and to improve themselves, their diet and their lifestyle. The Application offers Customers the opportunity to challenge themselves and take steps forward in the aforesaid areas, thereby pushing their boundaries in a controlled manner.
The information provided by 90DC is intended for and based on the reference person, i.e. an average individual. Customers should be aware that each body requires a different approach, tailor-made to that individual. 90DC cannot do this per individual case and instead tries to provide services to the average individual through this Application. 90DC cannot monitor or influence the way in which Customers handle the information that is provided. Customers have their own responsibility therein.
Before agreeing to and/or using the Application, the Customer must ensure that he has taken note of the difficulty, severity and possible risks of the activity or activities to which the Services relate. Prior to purchasing the Services, the Customer is expected to check for himself whether the Customer is able to perform the exercises in light of all the Customer's medical details and/or other physical restrictions. The Customer must determine for himself whether, in terms of his health and fitness, he considers himself able to participate in the activity or activities to which the Services relate and whether he is physically able to do the exercises without endangering himself or others and without aggravating existing or developing new symptoms as a result of the exercises.
For the purposes of these General Terms and Conditions, the following terms will be capitalized. These terms are defined as:
Offer: the possibilities offered through the Application including, but not limited to, goods, advice, courses and photo and video material in the field of fitness, form, nutrition, health and well-being.
General Terms and Conditions: these general terms and conditions.
Application: 90DC's interactive (video) platform that is accessible through the iOS (Apple) App Store, the Android (Google) Play Store and www.the90dc.com and through which 90DC offers its Services.
Cooling-Off Period: the period within which the Right of Withdrawal can be invoked.
Service and/or Services: collective term for all services and offers (individually or jointly) that are offered through the Application under the name 90 Day Challenge.
Right of Withdrawal: the Customer's right to withdraw from the Agreement within the Cooling-Off Period.
Customer: a natural person who, whether or not in the capacity of a representative of a legal entity, has entered into an agreement with 90DC.
Agreement: the agreement between the Customer and 90DC regarding the access and use of the (Services of the) Application.
Subsequent agreement: any agreement between the Customer and 90DC that is concluded as a result of Offers in the Application.
90DC B.V., with its registered office at Koopmanstraat 6 in (2672 GB) Naaldwijk (municipality of Westland, province of South Holland, the Netherlands) and listed in the Commercial Register of the Chamber of Commerce under number 90726898, offers, in collaboration with Browney B.V., with its registered office at Koopmanstraat 6 in (2672 GB) Naaldwijk (municipality of Westland, province of South Holland, the Netherlands) and listed in the Commercial Register of the Chamber of Commerce under number 81423365, through the Application, Services under the name 90 Day Challenge (hereinafter referred to as “90DC”).
The Customer can purchase the Services from 90DC B.V. through Google or Apple. These General Terms and Conditions apply to all legal relationships between the Customer and 90DC B.V.
All offers may be subject to terms and conditions.
All offers have a limited period of validity.
All offers and other communications from 90DC are an invitation without obligation.
90DC is entitled to change and adapt the offer.
Obvious mistakes and/or errors in the offer do not bind 90DC and the Customer cannot derive any rights from such obvious mistakes and/or errors.
The Customer deviating from the agreed purchase period is, in principle, not possible. Moving the agreed purchase period is only possible by separate written agreement.
The Agreement is concluded when the Customer has registered by creating an account through the Application and the registration has been accepted.
Upon acceptance of an Offer by the Customer, a separate agreement (hereinafter referred to as “Subsequent Agreement”) between the Customer and 90DC is concluded as soon as 90DC confirms or executes the Subsequent Agreement.
90DC is entitled to change or adapt the Services offered. Where appropriate, the Customer has the right to reject the amended offer, without incurring costs.
90DC is entitled to engage one or more third parties for the execution of the Agreement, a Subsequent Agreement and the provision of Services. Where appropriate, the Customer is entitled to dissolve, without incurring costs.
Every (Subsequent) Agreement can start with a free period. This free period lasts one week, unless otherwise agreed in writing.
It is at the discretion of 90DC whether the Customer is eligible for a free period. In principle, the Customer is not eligible for a free period, if he has had an Agreement with 90 Day Challenge in the last six (6) months, or if he lives at the same address as a Customer with an existing (Subsequent) Agreement with 90DC. 90DC reserves the right to change or terminate a free period, without prior notice to the Customer.
The Customer is entitled to a Cooling-Off Period of fourteen (14) days after concluding the (Subsequent) Agreement, during which he can withdraw the (Subsequent) Agreement, without giving reasons. 90DC may ask the Customer for the reason(s) for withdrawal, but the Customer is not obliged to state his reason(s).
Removing the Application is insufficient to withdraw the (Subsequent) Agreement. A Customer who wishes to withdraw a (Subsequent) Agreement must do so through his account in the Apple AppStore or the Google PlayStore. 90DC cannot do that for the Customer.
The prices stated on the Application are expressed in national currency and are inclusive of VAT and any other government levies imposed in the Netherlands.
90DC is entitled to adjust the prices. Where appropriate, the Customer has the right to reject the amended offer, without incurring costs.
Except for the trial period, the Customer owes payment from the date of conclusion of the Agreement or any Subsequent Agreements. 90DC is entitled to require advance payment.
If payment is not made (on time), 90DC is entitled to block access to the Application.
In the event of non-payment or late payment, all extrajudicial and judicial costs that 90DC must incur to collect the outstanding invoice(s) will be payable by the Customer.
The Customer does not have the right to suspend or offset payments.
The Customer is obliged to provide correct and complete information when creating the account. Incorrect information must be corrected by the Customer without delay and incomplete information must be supplemented by the Customer, without delay.
The Customer is responsible for keeping his account secure, including the login details.
The Customer must immediately notify 90DC of any unauthorized access to his account.
The Customer is not permitted to use the Application other than for personal and non-commercial purposes.
The Customer is not permitted to use the Application in such a way that jeopardizes the functioning of the Application and/or affects the information provided or the underlying software.
90DC is not liable for any advertisements/promotional activities shown by third parties when using the Application.
90DC strives to make the Application available as much as possible. 90DC may decommission parts of the Application for maintenance purposes. 90DC will keep this to a minimum.
In the event that third parties discontinue a collaboration with 90DC at any time, for whatever reason, the Customers may experience adverse consequences. 90DC is not liable for these consequences, unless in the event of intent or deliberate recklessness.
90DC is entitled to change the Agreement, any Subsequent Agreements and the General Terms and Conditions, at any time. In that case, the Customer can terminate the amended agreement, without incurring costs.
90DC is authorized to suspend the performance of its obligations under the (Subsequent) Agreement in whole or in part or to immediately terminate the Agreement in whole or in part, if the Customer:
acts contrary to any provision of these General Terms and Conditions;
has been declared legally incompetent or has been placed under administration;
has submitted a request for admission to the Debt Restructuring (Natural Persons) Act;
has been admitted to the Debt Restructuring (Natural Persons) Act;
has filed for his own bankruptcy; or
has been declared bankrupt.
The (Subsequent) Agreement will be extended automatically until terminated. Termination of the (Subsequent) Agreement is possible on a daily basis, but this does not end existing payment obligations.
The customer can only terminate the (Subsequent) Agreement through Apple or Google. To avoid new payment obligations, the Customer must terminate his (Subsequent) Agreement with Apple or Google.
The Customer is liable for damage or loss suffered by 90DC caused on account of the Customer having acted contrary to any provision of these General Terms and Conditions.
The Customer is further liable for damage or loss suffered by 90DC caused by intent or recklessness on the part of the Customer.
The Customer indemnifies 90DC against any third-party claims for compensation of damage or loss suffered by these third parties as a result of the Customer using the Application and the Services purchased by the Customer.
These General Terms and Conditions do not limit or exclude 90DC's liability, which cannot be limited or excluded under the law.
90DC is not liable for damage or loss caused by the Customer acting contrary to any provision of these General Terms and Conditions.
90DC is not liable for consequential damage or loss, in any form whatsoever.
90DC is not liable for (defects in and damage caused by) items from third parties offered through the Application.
90DC is not liable for damage or loss resulting from:
errors in discount codes;
errors in translations;
errors in keeping track of number of reps/sets/workouts;
health problems, injuries and/or injuries as a result of (advice on) training and/or nutrition and/or lifestyle, in the broadest sense of the word;
whether or not incorrectly performing/imitating descriptions of/videos about the performance of exercises/challenges.
If the Customer purchases an item from a third party through the Application, for which this third party requires personal data, then 90DC will not be liable for damage or loss caused by the processing of personal data by this third party.
90DC's liability is in any case limited to the amount that 90DC's insurer pays out in any case. If and insofar as the insurer does not pay out/if no insurance is in place, a maximum liability of 5 times the subscription fee applies.
The Customer and 90DC are not liable for any delay or failure to perform, directly or indirectly, as a result of force majeure. Force majeure in any case includes disruptions in the connection to the internet, disruptions in the telecommunications infrastructure, disruptions in networks and disruptions as a result of unlawful actions by third parties.
The intellectual property rights regarding the Application and to the content of the Application, including the know-how, are vested in 90DC B.V., unless stated otherwise. The Customer is not permitted to reproduce, store in an automated database or make public in any form or manner, whether electronically, by photocopies, screenshots/recordings, or in any other way, any part of the Application , without the prior written permission from 90DC, with the exception of news reports and content that can be shared through social media in the Application.
The Customer is not entitled to sell and/or transfer his rights and/or obligations under the (Subsequent) Agreement to any third party, unless otherwise agreed in writing.
90DC is entitled to sell and/or transfer its rights and/or obligations under the (Subsequent) Agreement, without the Customer's consent. In that case, the Customer will be entitled to terminate the Agreement and any Subsequent Agreements.
If at any time a provision of these General Terms and Conditions is wholly or partially invalid, unenforceable or impracticable under applicable laws and/or regulations, the other (parts of the) provisions of these General Terms and Conditions will remain in force. In that case, the relevant provision will be replaced by a valid and enforceable provision that, given the purpose and scope of these General Terms and Conditions, will be as close to the original provision as possible.
The use of the Application and the purchase of Services are subject to the Privacy Regulations of the 90 Day Challenge 2024 Application.
The Customer agrees to the processing of the data stated therein.
The Agreement and all other agreements between the Parties are governed exclusively by Dutch law.
The Court of The Hague, the Netherlands, has exclusive jurisdiction in any dispute.
These General Terms and Conditions may be referred to as the “General Terms and Conditions of the 90 Day Challenge 2024”.