WEBSITE and (WEB) APP General Terms and Conditions
Please read these General Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these General Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these General Terms are considered an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools which are added to the Products shall also be subject to the General Terms and Conditions. You can review the most current version of this document at any time on this page. We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website. We advise you to keep an eye on possible changes and to check this page periodically for changes.
- General Terms
1.1 The website, located at https://dailymoves.nl and incorporating our web app (Website) http://dailymoves.speakap.com, and the associated application known as DAILY MOVES, (Application), are owned and operated by MOOVS B.V., with seat at B. Amsterdam, B1- 2.k.5, Johan Huizingalaan 763a, 1066 VH, Amsterdam, The Netherlands.
- Registration and Use
2.1 You may use the Website and/or Application to view information and material and participate in mindfulness trainings, coaching sessions, courses and programs, digital learning, etc. (Products).
2.2 The subscription to the utilization of the Products, is conditional to your registration as a user (Member) and the creation of an account (Account).
2.3 In order to create an account and use the Products you should be at least eighteen (18) years old.
2.4 The use of the Website and Application is only allowed for personal use.
2.5 We also offer you a special subscription for professional (business) use. Please see/contact: email@example.com
2.6 You may access the Website and Application at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website and Application can depend on factors outside our control and we do not guarantee that the Website and Application will be available at all times or accept any responsibility for factors outside of our control such as the quality of your internet connection, the type of computer or mobile device used to access the Website or others.
2.6 You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to utilize the Website and Application in accordance with these General Terms and Conditions.
2.7 Once becoming a Member you are responsible for maintaining the confidentiality of your account, password and other information and for restricting access to your device to further help protect such information.
2.8 You agree to provide accurate and complete information when registering to create your Account.
- DAILY MOVES Subscriptions
3.1 The Products are provided in good faith and are designed to promote skills promoting the wellbeing and mental wellness and health and stimulate people to get acquainted to the benefits of mindfulness and meditation.
3.2 Paid Subscriptions must be paid online through the Website/App, through direct payment to DAILY MOVES, following receipt of an invoice or a secure payment site. The prices advertised for Memberships are current at the time of display but may be changed by us at any time. Any changes to the membership’s prices will be effective from the date published and apply to all new memberships or renewals of subscriptions. All prices are advertised in EURO’s.
3.3 (a) We offer 3 different DAILY MOVES memberships to access our Products:
(i) Free Trial to Basic: a free-of-charge program, which gives unlimited access to our Products for a period of fourteen days. After this trial period has elapsed without any notice of termination from your part, the subscription will be automatically prolonged as a paid subscription and more specifically into a BASIC Monthly Membership.
We offer the following paid Subscriptions types:
Guarantees you accesS to:
- The platform and all Daily Moves exercises
- Exercises films
- The whole timeline content
Guarantees you accesSS to:
- The whole BASIC content
- Once in the month 1,5 hour (group) virtual coaching 1,5 with a group
Guarantees you acces to:
- The whole MEDIUM content
- Once a week group live webinars and live social activities
3.4 You can become a Member of DAILY MOVES by purchasing a subscription to our products from the Website, within the Apps, or from the App marketplace partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. Also, if you purchase a subscription through the Google Play store, the sale is final, and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscriptions partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
3.5 DAILY MOVES allows you to choose between monthly, quarterly and annual subscription options. For the purposes of our subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(a) DAILY MOVES “Monthly” subscription can be paid in monthly instalments. For each and every month that your monthly subscription is active, you acknowledge and agree that DAILY MOVE is authorized to charge the same credit card you have utilized for the initial subscription fee or other payment method you have indicated. The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. Your cancellation must take place before the renewal date each month in order to avoid billing of the next month’s subscription fee. No refunds can be claimed for any partial-month subscription period.
(b) Our “Quarterly” subscription is paid for by an upfront 3-months term (i.e. quarterly) payment with automatic quarterly renewals. You acknowledge and agree that DAILY MOVES is authorized to charge the payment method used for (i) the initial quarterly subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
(c) Our “Yearly” subscription is paid for by an upfront one-off (yearly) payment with automatic annual renewals. You acknowledge and agree that DAILY MOVES is authorized to charge the payment method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
3.6 You agree to promptly notify DAILY MOVES of any changes to the chosen payment method, while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
3.7 “Gift Subscriptions” are pre-paid memberships to the products. Gift subscriptions are paid for as a one-off upfront payment. Once purchased, the person who provides the payment will receive an order confirmation and receipt. The gift subscription will be sent to the Recipient on the specified date and specified address provided by the purchaser. We will automatically bill the payment method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed.
3.8 “Promotion Codes”. Any promotion codes or offers provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
3.9 We reserve the right to cancel live sessions when the minimum number of participants has not been met. In this case we will notify you as soon as possible at latest 3 days before the planned session. You acknowledge that, subject to us refunding any payment received from you with regard to the specific session and to the extent permitted by law, you have no right or claim against us for any loss, damage, cost or expense arising from our cancellation.
- Limitations on Use
4.1 By accessing and using the Website or App you warrant and agree that you will:
(b) not utilize the Website or App for any commercial purpose without our prior written consent;
(c) not modify, copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt, the whole or any part of the Website or App in any way whatsoever;
(d) not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice;
(e) not utilize the Website or App for any activity which can be deemed obscene, offensive or defamatory;
(f) not hack into, modify or otherwise knowingly upload a virus or otherwise damage the Website or App or any information contained within it;
(g) refrain from uploading onto the Website any material, or use the Website or Application in any way which:
(i) infringes the intellectual property rights of any person; or
(ii) is unlawful or violates any law;
- Technical information and Security
5.1 Due consideration should be given to the fact that the transmission of data over the internet and/or cellular network is not always secure. Although we undertake our best efforts to secure the Website and Application, the utilization and access to the Website takes place at your own risk. DAILY MOVES does not accept no responsibility for any loss, damage, or disruption to your computer or mobile device or otherwise arising in connection with your use of the Website.
5.2 More specifically you acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and to ensure that whatever program you select for your use in the Website is free of viruses of anything else that may interfere with or damage the operations of your computer of mobile device.
5.3 No guarantee is provided that functions available on the Website will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.
- Intellectual Property
6.1 The Website and Application contains intellectual property including but not exclusively trademarks, copyrights, designs and confidential information.
6.2 All intellectual property in the Website and Application is owned by DAILY MOVES or its licensors and unless permitted by law, you shall refrain from:
(a) modifying, adapting, reproducing, storing, distributing, transmitting, printing, displaying, performing, publishing or creating derivative works from any part of the Website or Application; or
(b) commercialising any information, products or services obtained from any part of Website or Application without our prior written consent.
- Limitation of responsibility
7.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable
7.2 We are not responsible and cannot be held accountable for the correctness, completeness or accuracy of the information made available on this site. The material on this site is provided for general information only and should not be relied upon or used as the sole decision basis, without prior consultation of more accurate, complete or more timely sources of information. The information, courses and programs provided on the Website are intended for the benefit of the general public and are not medical advice or intended to replace or substitute advice from a qualified health care professional.
- Third Party Websites and Apps
8.1 The Website and App contain links to websites and apps owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third-party websites and mobile apps.
8.2 Links to third party websites and mobile apps are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
8.3 We make no representations or warranties and are not liable for the content or accuracy of any information contained in linked websites and apps and third party websites and apps; or any loss or damage suffered as a result of access to, or use of, these third party websites and mobile apps, or the reliance on the information contained within.
8.5 You agree to indemnify, defend and hold harmless DAILY MOVES and our parent, subsidiaries, affiliates, partners, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these General Terms and Conditions or your violation of any law or the rights of a third-party.
- Suspension or Termination
9.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These General Terms and Conditions are effective unless and until terminated by either you or us.
9.2 We reserve the right to suspend or terminate your access to the Website and App at our sole discretion, including if we believe there has been a breach of these General Terms.
9.3 We reserve the right to cease operating the Website and/or App at any time, without notice, and to terminate this agreement under the General Terms and Conditions.
9.4 You may terminate a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing firstname.lastname@example.org
9.5 You may cancel a Quarterly and Yearly subscription plan at any time. Cancellation is effective at the end of the applicable quarter- respectively – annual period.
9.6 When purchasing a subscription through the Apple iTunes Store or other APP store, you may cancel your subscription from the store itself, by cancelling automatic renewal the app. Please check your app store for the specific modalities.
11.1 We reserve the right to amend, modify, add, delete and make corrections to the General Terms and Conditions at any time.
11.2 These General Terms and Conditions are governed by and construed in accordance with the laws of the Netherlands. Any claim made by either party against the other which in any way arises out of the General Terms and Conditions will have to be submitted to the jurisdiction of the District Court of Amsterdam.
11.3 For further information on using the Website and Application, please contact email@example.com.
Last updated on April, 18, 2020.