General terms and conditions Wellsupport
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, also those that are conjugated in plural or singular, are used in the following sense, unless the nature or purport of the present clauses dictate otherwise.
Wellsupport: the user of these general terms and conditions, located at Latherusstraat 45, 1032 CT in Amsterdam, registered in the Trade Register under Chamber of Commerce number 56644884.
Counterparty: any natural or legal person with whom Wellsupport has entered into or intends to conclude an agreement.
Consumer: the other party as referred to in the previous paragraph, natural person, not acting in the exercise of a profession or business.
Parties: Wellsupport and the other party together.
Agreement: every agreement concluded between Wellsupport and the other party, with which Wellsupport has committed itself towards the other party, at a price that has been agreed upon, to provide services and / or the sale and delivery of products.
Remote agreement: the agreement as referred to in the previous paragraph that is concluded between Wellsupport and the consumer within the framework of a system for remote sales or services organized by Wellsupport without the simultaneous personal presence of Wellsupport and the consumer and whereby, up to and including the moment of concluding the agreement, use is made exclusively of one or more means of distance communication. A distance agreement is in any case the case if the agreement between Wellsupport and the consumer is concluded through a Wellsupport web store.
Membership: the agreement as referred to in paragraph 5 whereby parties have committed themselves to each other during a certain or indefinite period to continuous, recurring or consecutive performances, such as in the case of a (personal) training subscription or a duration agreement with regard to coaching.
Products: all items to be sold and delivered by or on behalf of Wellsupport to the other party in the context of the agreement, such as but not limited to, nutritional supplements, training materials, meals, etc.
Services: all services to be provided by or on behalf of Wellsupport in the context of the agreement, such as but not limited to (personal) training, lifestyle advice (behavioral) coaching.
Written: both traditional written communication and digital communication to be stored on a durable data carrier, such as e-mail communication.
Right of dissolution: the legal possibility offered to the consumer to dissolve a distance contract during the legal cooling-off period of 14 days.
ARTICLE 2. | GENERAL PROVISIONS
These general terms and conditions apply to every Wellsupport offer and every agreement concluded.
The applicability of any general terms and conditions of the other party, under whatever name is indicated, is expressly rejected.
The provisions of these general terms and conditions can only be deviated explicitly and in writing. If and insofar as the provisions of these general terms and conditions deviate from what the parties have explicitly agreed in writing, the parties’ explicit and written agreements will prevail.
The destruction or invalidity of one or more of the provisions of these general terms and conditions does not affect the validity of the other clauses. In an appropriate case the parties are obliged to consult each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the aim and scope of the original provision are taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
Unless a period of acceptance is stated therein, any offer from Wellsupport is without obligation. A no-obligation offer from Wellsupport can be withdrawn by Wellsupport until immediately after the acceptance thereof by the other party.
The other party cannot derive any rights from an offer from Wellsupport that contains a manifest error or error, as well as from an offer from Wellsupport that is based on incorrect or incomplete information provided by the other party.
A compound quotation does not oblige Wellsupport to comply with part of the offer at a corresponding part of the stated price.
Agreements are established through offer and acceptance. If the acceptance of the other party deviates from the offer from Wellsupport, the agreement will not be concluded in accordance with this deviating acceptance, unless Wellsupport indicates otherwise. In the event of a distance agreement, Wellsupport will confirm that agreement to the consumer by e-mail as soon as possible after it has been concluded.
If the other party concludes the agreement on behalf of another natural or legal person, it declares that it is authorized to do so by entering into the agreement. In addition to this (legal) person, the other party is jointly and severally liable for the fulfillment of all obligations arising from that agreement.
ARTICLE 4. | OBLIGATIONS OF THE OTHER PARTY IN GENERAL
The other party guarantees that it provides Wellsupport, solicited and unsolicited, within a reasonable time with all information that is reasonably relevant to the design and implementation of the agreement.
The other party must furthermore always provide Wellsupport in a timely manner with all cooperation required for the implementation of the agreement and all other efforts necessary for the proper implementation of the agreement. The other party takes all reasonable measures to optimize the execution of the agreement.
ARTICLE 5. | TRAINING, COACHING AND OTHER SERVICES
Before a membership with regard to training or nutrition programs is entered into, Wellsupport will provide the other party with an intake form, including risk analysis, to be completed by the participant. The other party guarantees that the participant completes this form completely and truthfully and that the completed form is made available to Wellsupport as soon as possible as required for the implementation of the membership. Wellsupport is entitled not to enter into or cancel the membership if, on the basis of the information obtained through the intake form, it is of the opinion that following the training or nutrition program is irresponsible for the participant. Even if Wellsupport, based on the completed intake form, is of the opinion that it is justified for the participant to participate in the training or nutrition program, participation is at the participant’s own risk. It is at all times the responsibility of the participant to assess, or have a medical specialist assess, whether there are medical or other reasons why he would not be able to follow training or nutrition programs.
The participant in physical training must have a towel brought with him during each training and, if desired, his own drinking bottle or bottle. These items are not made available by Wellsupport to the participant, unless explicitly agreed otherwise.
The participant in training, coaching sessions, workshops, lectures and other services to which a membership relates organized by Wellsupport, if the membership lasts longer than three months, there is an obligation to participate in at least 80% of the agreed upon quarterly training, sessions, meetings, etc., failing which Wellsupport is entitled to terminate the membership after the participant has been approached, and again fails to meet the intended standard over a period of another quarter. The parties can agree that the membership will be converted into a form that is less intensive for the participant in terms of time spent, in order to make it easier for the participant to achieve the standard of 80%.
ARTICLE 6. | SALE AND DELIVERY OF PRODUCTS
Delivery of the products takes place at the agreed place and manner. In the event of delivery, this will be done at the delivery address specified by the other party, failing which the billing address will be regarded as the delivery address.
Wellsupport reserves the right to deliver orders in parts, unless the other party cannot reasonably be expected to do so. In the event that an order is delivered in parts, the consumer’s cooling-off period in connection with the right of dissolution will not commence until the last partial delivery has been received by or on behalf of the consumer.
The risk of loss and damage to the products is transferred to the other party when the products have been received by or on behalf of the other party.
If the agreed delivery period is exceeded, the other party is, without prejudice to the provisions of Article 9, not entitled to refuse to receive the products to be delivered and / or to pay the agreed purchase price.
If the products could not be delivered due to a circumstance attributable to the other party, Wellsupport is entitled to reasonably charge the costs that would not exist if the other party had properly fulfilled its purchasing obligations towards Wellsupport, such as the costs. in connection with the storage of the products and costs in connection with multiple delivery attempts.
ARTICLE 7. | DURATION AND TERMINATION OF MEMBERSHIPS & VALIDITY CREDITS AND RIDE CARDS
Unless explicitly agreed otherwise and subject to the provisions of paragraph 4, membership is entered into for an indefinite period of time. If the membership is explicitly entered into for a specific time, this specific time will never exceed twelve months if the other party is a consumer.
If a membership has been explicitly entered into for a specific period of time, the membership will end automatically by the expiry of that specific period.
Membership entered into for an indefinite period of time ends one calendar month after the day of cancellation. Cancellation must be made in writing, on the understanding that the consumer can cancel the membership in the same way that the membership was entered into.
If membership concerns a trip card, the trip card expires upon expiration of the validity period explicitly stated by Wellsupport, regardless of whether the other party has fully used the trip card. A ride card offers the other party the right to follow the explicitly stipulated number of lessons associated with the ride card. The trip card is canceled by the consumption of the intended number of lessons.
If credits are issued on the basis of membership, each issued credit offers the other party the right to attend a lesson. Credits issued are valid for the explicitly stated validity period. If this period of validity has expired, the credit will expire regardless of whether the other party has spent the credit.
ARTICLE 8. | CANCELLATION LESSONS BY THE OTHER PARTY
A lesson planned between parties concerning a 1-on-1 training or coaching session can be canceled by the other party up to 24 hours before the start of the lesson. A lesson on group training or group coaching scheduled between parties can be given by the other party up to eight hours before the lesson starts.
If the other party does not cancel a lesson in time or in accordance with the following paragraph, or in the case of a no-show, the lesson in question or the right of the other party to participate in it will lapse without the other party claiming to catch up with the lesson in question. If the lesson or participation in the lesson is based on redeeming a credit, the credit will lapse if the other party does not cancel the lesson in question in time or in accordance with the following paragraph, or there is a no-show.
A lesson must be canceled via the account of the other party on the mobile application or the web portal that Wellsupport has given to the other party.
ARTICLE 9. | TERMS AND THIRD PARTIES
Agreed implementation and delivery periods to which Wellsupport has committed itself towards the other party are, unless explicitly agreed otherwise, indicative, non-fatal periods. In the event of a non-fatal period, the default of Wellsupport will not commence until the other party has notified Wellsupport in writing of default, in which notice of default a reasonable period is specified within which Wellsupport can still fulfill the relevant obligation and fulfillment after the expiry of the latter period has still not been received.
Wellsupport is at all times authorized to leave the execution of the agreement in whole or in part to third parties. The applicability of articles 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code is excluded. If Wellsupport fully or partially leaves the execution of the agreement to third parties, this does not preclude Wellsupport’s legal liability for third parties engaged by it.
ARTICLE 10. | RIGHT OF DISSOLUTION FOR DISTANCE AGREEMENTS
The consumer is, subject to the provisions of the following article and the remainder of this article, entitled to the distance contract, if that contract relates to the provision of services, in full or in part without stating reasons, up to 14 days after the conclusion thereof dissolve. If the distance contract relates to a consumer purchase, the consumer is entitled to the distance agreement without giving details, subject to the provisions of the following article and the rest of this article, up to 14 days after the products have been received by him or on his behalf. to dissolve all or part of the reasons.
Compliance with the distance agreement for the provision of services within the cooling-off period as referred to in the previous paragraph takes place exclusively at the express request of the consumer.
If the distance agreement to provide services is complied with within the cooling-off period referred to in paragraph 1, the consumer declares when entering into the distance agreement that he waives his right of dissolution once the agreement has been fulfilled by Wellsupport.
When exercising the right of dissolution after a request from the consumer as referred to in paragraph 2, the consumer owes Wellsupport an amount that is proportional to that part of the commitment that Wellsupport fulfilled at the time of exercising the right of dissolution, compared with full compliance with the undertaking. The proportional amount that the consumer must pay Wellsupport is calculated on the basis of the total price as expressly agreed. If the total price is excessive, the proportional amount is calculated based on the market value of the part of the remote agreement that has been executed.
During the period as referred to in paragraph 1, the consumer must handle the products and their packaging with care. The consumer may only unpack and handle the product to the extent necessary to assess the nature, characteristics and possible operation of the products. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a physical store.
If the consumer makes use of the right of dissolution, he will return the product concerned undamaged, with all accessories supplied and in its original condition and packaging to Wellsupport.
The consumer is liable for value reduction of the products that results from a way of handling the products that goes beyond what is permitted under paragraph 5. Wellsupport is entitled to charge the consumer for this value reduction and to settle it with any already payments received from the consumer. Wellsupport is not obliged to refund any delivery costs to the consumer if the right of dissolution only relates to a part of the order. Furthermore, Wellsupport is not obliged to reimburse the additional costs if the consumer has explicitly opted for a method other than the least expensive method of standard delivery offered by Wellsupport.
Return of the products must take place within 14 days after the consumer has invoked the dissolution of the distance agreement in accordance with the provisions of paragraph 10.
If the consumer makes use of the right of dissolution, the costs of returning the products are for his account.
The consumer can exercise his right of dissolution by submitting a request for this to Wellsupport by e-mail or by using the model form offered by Wellsupport for withdrawal. As soon as Wellsupport has been informed of the intention of the consumer to dissolve the distance contract, Wellsupport will confirm the dissolution as soon as possible by e-mail.
Wellsupport will repay the payments received from the consumer minus any depreciation and any costs as referred to in paragraph 4 and the last two sentences of paragraph 7 to the consumer as soon as possible, but no later than within 14 days after the dissolution of the distance contract, provided that in the event of a consumer purchase, the products have been received back by Wellsupport, or it has been demonstrated by the consumer that the products have actually been returned.
ARTICLE 11. | EXCLUSION OF THE RIGHT OF DISSOLUTION
The consumer has no right of dissolution with:
a distance agreement to provide services, after compliance with the distance agreement, if:
compliance has begun with the express prior consent of the consumer; and
the consumer has stated that he waives his right of dissolution once Wellsupport has fulfilled the distance agreement.
a consumer purchase concerning:
the delivery of products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
the delivery of products that spoil quickly or that have a limited shelf life;
the delivery of products that are not suitable for being returned for reasons of health protection or hygiene and of which the seal was broken after delivery;
the delivery of products that by nature are irrevocably mixed with other goods after delivery;
the delivery of audio and video recordings and computer software of which the seal was broken after delivery;
the delivery of newspapers, magazines or magazines, with the exception of a distance contract for the regular delivery of such publications.
the delivery of digital content that has not been delivered on a tangible medium, insofar as the performance has begun with the express prior consent of the consumer and the consumer has stated that he thereby waives his right of dissolution;
an agreement whereby the right of dissolution is otherwise excluded under Section 6.5.2B of the Dutch Civil Code.
ARTICLE 12. | INVESTIGATION AND COMPLAINTS
In the context of a purchase agreement, the other party must immediately examine at the time of delivery of the products whether the nature and quantity thereof corresponds to the agreement. If the nature or quantity does not comply with the agreement, the other party must inform Wellsupport thereof without delay. In the event of defects that are not reasonably visible at the time of delivery, the other party must notify Wellsupport in writing within seven days of becoming aware of the defect, or at least reasonably expected to have become aware of it.
Insofar as the agreement does not provide for the sale of products, but for the provision of services, the other party is obliged to immediately report any complaint regarding the implementation of the agreement by Wellsupport after observation, or at least reasonably being able to ascertain the defect it has assumed. , to communicate Wellsupport orally, or to communicate or confirm it to Wellsupport in writing within two working days.
Complaints about the amount of invoice amounts must be submitted in writing to Wellsupport within seven days after the invoice date.
If the other party does not complain in time, no obligation will arise for Wellsupport from such a complaint from the other party.
Even if the other party complains in time, its obligation to pay the agreed price on time remains.
The provisions of this article are without prejudice to the mandatory legal rights of consumers, including that the right to bring a legal claim or defense in connection with the existence of a defect in a consumer purchase lapses if not within two months after discovery of the The consumer has complained about this defect at Wellsupport.
ARTICLE 13. | WARRANTY AND CONFORMITY FOR PRODUCT SALE
Wellsupport only sells products with a guarantee to the extent that this has been expressly agreed, on the understanding that a guarantee provided by Wellsupport, manufacturer or importer does not affect the mandatory legal rights and claims that consumers can assert against Wellsupport.
Without prejudice to any explicitly stipulated guarantee conditions, any applicable guarantee (including a claim based on non-conformity) will lapse in any case if a defect of a product is the result of an external cause or otherwise not to Wellsupport. its suppliers can be imputed. This includes, but is not limited to, defects as a result of damage, natural wear and tear, incorrect or improper handling, incorrect or improper use, use in violation of the instructions for use or other instructions from or on behalf of Wellsupport, making changes to the products, including repairs not carried out with the prior written consent of Wellsupport.
ARTICLE 14. | FORCE MAJEURE
Wellsupport is not obliged to fulfill any obligation under the agreement if and for as long as he is hindered by a circumstance that cannot be imputed to him by law, legal act or social opinion.
Insofar as the force majeure situation makes compliance with the agreement permanently impossible, the parties are entitled to terminate the agreement with immediate effect.
If Wellsupport has already partially fulfilled its obligations upon the occurrence of the force majeure situation, or can only partially meet its obligations, it is entitled to separately invoice the part already executed or the executable part of the agreement as if it were a case of Independent agreement, except insofar as the already executed part or executable part of the agreement does not reasonably have independent value.
Without prejudice to the application of the previous paragraph, damage resulting from force majeure is never eligible for compensation.
ARTICLE 15. | SUSPENSION AND DISSOLUTION
Wellsupport is, if circumstances so warrant, authorized to suspend the execution of the agreement or to dissolve the agreement with immediate effect, in whole or in part, if and insofar as the other party does not, not timely or not fully fulfill its obligations under the agreement, or after the agreement has been concluded Wellsupport learns of circumstances giving good reason to fear that the other party will not fulfill its obligations.
If the other party is in a state of bankruptcy, has applied for (provisional) suspension of payments, the Natural Persons Debt Restructuring Act has been declared applicable to it, any seizure has been levied on its goods or in cases where the other party cannot otherwise freely dispose of its assets Wellsupport is entitled to terminate the agreement with immediate effect, unless the other party has already provided sufficient security for payment.
Furthermore, Wellsupport is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or unaltered maintenance thereof cannot reasonably be expected of him.
The other party will never claim any form of compensation in connection with the right of suspension or termination exercised by Wellsupport on the basis of this article, on the understanding that if the circumstances that led to the termination of the agreement should reasonably be at the risk of Wellsupport. the other party has a maximum claim to a refund or remission of the price in proportion to the part of the agreement not delivered or executed as a result of the cancellation.
Insofar as this can be attributed to it, the other party is obliged to compensate Wellsupport for the damage suffered as a result of the suspension or dissolution of the agreement.
If Wellsupport terminates the agreement on the basis of this article, all claims against the other party are immediately due and payable.
ARTICLE 16. | PRICES AND PAYMENTS
Wellsupport’s offer mentions the price factors that are as accurate as possible. Unless explicitly stated otherwise, all prices stated by Wellsupport are exclusive of VAT, on the understanding that in relation to consumer prices are (also) stated including VAT.
Wellsupport is entitled to change the agreed prices of memberships. Wellsupport will notify the other party in writing of a price increase. In the event of a price change higher than 5%, the price for the other party will not come into effect until it has had the opportunity to cancel the membership before the price increase came into effect.
Wellsupport is entitled to change the agreed prices of memberships under the influence of external factors such as; legislative changes, tax changes, etc. without a current membership may be terminated prematurely.
Unless explicitly agreed otherwise, Wellsupport is entitled to demand full or partial payment in advance, on the understanding that in the event of a consumer purchase Wellsupport will not oblige the consumer to pay more than 50% of the purchase price in advance. Payment at the time of the actual delivery is not considered as an advance payment.
As long as the other party towards Wellsupport is in default with the fulfillment of a payment obligation resting on it, Wellsupport is not obliged to (further) implement the agreement.
Payments must be made in the agreed manner and within the period specified by Wellsupport. If the method of payment has not been agreed, Wellsupport is entitled to determine this method afterwards.
In the event that automatic collection of payments has been agreed, the other party will owe reasonable administration costs if a payment is canceled or cannot be collected automatically for other reasons. In that case Wellsupport can claim the outstanding payment, including the administration costs referred to here, by transfer.
The other party is, except to the extent that the law obstructs this for the benefit of consumers, always obliged to pay without settlement.
In the event of liquidation, bankruptcy, applicability of the Natural Persons Debt Restructuring or suspension of payment of the other party, the claims on the other party are immediately claimable.
Wellsupport is entitled to make the invoices due to the other party available to it exclusively by e-mail / in its mobile application.
If timely payment is not made, the other party’s default will be legally effective. From the day that the other party’s default occurs, the other party owes an interest of 1% per month on the outstanding amount, with part of a month being considered as a full month. Contrary to the previous sentence, the statutory interest applies instead of the contractual interest referred to therein if the other party acts in the capacity of consumer.
All reasonable costs, both judicial, extrajudicial and foreclosure costs incurred to obtain amounts owed by the other party, will be for its account, on the understanding that the provisions of the Collection Costs Act will not be deviated to the detriment of the consumer.
In the event of a payment default by a consumer, Wellsupport will not charge additional costs, contrary to the provisions of paragraphs 6 and 10, until after the consumer has been unsuccessfully summoned to make a payment within a period of at least 14 days.
ARTICLE 17. | LIABILITY AND DISCLAIMER
Wellsupport provides its services to the best of its knowledge and ability and in accordance with the requirements that may be imposed on a competent professional. Insofar as the nature or purport of the agreement does not impede this, Wellsupport only undertakes to make an effort commitment and cannot guarantee the achievement of the results that the other party intended to achieve with the conclusion of the agreement.
Wellsupport bears no liability for damage for which the manufacturer or importer of the products should bear the damage under the statutory regulation of product liability.
The other party bears the damage caused by inaccuracies in the data it has provided, any other shortcoming in the fulfillment of the other party’s obligations arising from the law or the agreement, as well as another circumstance that cannot be attributed to Wellsupport.
Wellsupport’s liability for repairable damage does not exist until after the other party has given Wellsupport the opportunity to repair this damage, failing which there will be no liability whatsoever for Wellsupport.
Without prejudice to the other provisions of these general terms and conditions and in particular the following paragraph, Wellsupport is only liable to the other party for direct damage that the other party suffers as a result of an attributable shortcoming of Wellsupport in the fulfillment of its obligations under the agreement. An attributable shortcoming must be understood to mean a shortcoming that a good and carefully acting colleague can and should avoid, all this with due observance of normal vigilance and the professional knowledge and resources required for the implementation of the agreement. Wellsupport is never liable for indirect damage, including loss of profit, loss suffered and damage due to business interruption. Direct damage is exclusively understood to mean:
the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for compensation within the meaning of these general terms and conditions;
any reasonable costs incurred to ensure that the poor performance of Wellsupport complies with the agreement, insofar as these can be attributed to Wellsupport;
reasonable costs incurred to prevent or limit damage, insofar as the other party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
Wellsupport’s liability is limited to at most the invoice value of the agreement, or at least to that part of the agreement to which Wellsupport’s liability relates, on the understanding that Wellsupport’s liability will never amount to more than the amount in respect of the the case in question is actually paid out under the Wellsupport liability insurance, if any, plus any deductible that Wellsupport applies under that insurance. If the agreement has a longer lead time than six months, the invoice value as referred to in the previous sentence will only be based on the invoice value for the last six months of the agreement.
The limitation period of all legal claims against Wellsupport is one year. Contrary to the previous sentence, legal claims due to consumers that are based on facts that would justify the claim that a consumer purchase does not comply with the agreement, expire after two years.
The other party indemnifies Wellsupport against any claims from third parties that suffer damage in connection with the implementation of the agreement and whose cause is attributable to others than Wellsupport.
In the case of a consumer purchase, the limitations of this article do not extend beyond what is permitted under Section 7:24 (2) of the Dutch Civil Code.
The liability limitations from these general terms and conditions do not apply if the damage is the result of intent or deliberate recklessness on the part of Wellsupport.
ARTICLE 18. | RETENTION OF TITLE
All products delivered by Wellsupport remain the property until the other party has properly fulfilled all its payment obligations under the agreement.
The other party is prohibited from selling, pledging or encumbering the products subject to retention of title in any other way.
If third parties seize the products subject to the retention of title, or wish to establish or enforce rights thereon, the other party is obliged to inform Wellsupport of this as soon as possible.
The other party gives unconditional permission to Wellsupport and any third parties designated by Wellsupport to enter all those places where the products subject to retention of title are located. Wellsupport is entitled to take back the products referred to here in the event of default by the other party. All related reasonable costs are at the expense of the other party.
ARTICLE 19. | GENERAL COMPLAINT POLICY
Complaints with regard to the implementation of the agreement must, without prejudice to the provisions of the other of these general terms and conditions, be submitted to Wellsupport in full and clearly described in writing within a reasonable time after the other party has established the complaint.
Complaints submitted to Wellsupport will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, a reply will be sent within the period of fourteen days with an acknowledgment of receipt and an indication of when the other party can expect a more detailed answer.
If the complaint relates to a remote agreement and the complaint cannot be resolved by mutual agreement, the consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 20. | INTELLECTUAL OWNERSHIP
Wellsupport or its licensors reserve all copyrights and all other intellectual property rights for the methods and methods used by it, including but not limited to assignments, workshops, nutrition plans, workouts, software, as well as the trademarks and brand names. The other party is forbidden to duplicate these goods, or have them reproduced, or have them reproduced or otherwise used (or have them used) in a way that goes beyond the use of those goods as provided for in the agreement.
ARTICLE 21. | USE ELECTRONIC ENVIRONMENT
Insofar as one or more (mobile) web applications are used within the framework of a membership, the provisions of this article apply.
Wellsupport or its licensor makes every effort to optimize the correct operation and accessibility of the applications. However, Wellsupport or its licensor cannot guarantee that the applications are available without restrictions and that all features of the applications will always function without problems. All liability of Wellsupport or its licensor in this regard is excluded.
Wellsupport or its licensor is authorized to temporarily put the applications out of use if, in its opinion, this is desirable with regard to maintenance, adjustment or improvement of the applications. All liability of Wellsupport or its licensor in connection with the temporary inaccessibility of the applications is excluded.
Personal data obtained through the applications are processed in accordance with the privacy settings of the user of the applications. The user is supposed to understand that co-users have insight into personal information about the user to the extent that the user permits this by applying certain privacy settings. Any liability of Wellsupport or its licensor with regard to the processing of personal data in accordance with the privacy settings of the user is excluded.
ARTICLE 22. | FINAL PROVISIONS
All agreements and all legal relationships resulting from them between parties are exclusively governed by Dutch law.
Before appealing to the courts, the parties are obliged to make every effort to resolve the dispute in mutual consultation.
Insofar as the law does not necessarily deviate from this, only the competent court within the district of Wellsupport’s place of business is designated to take cognizance of any legal disputes.