Terms of Service
1 DEFINITIONS
In these general terms and conditions, the following definitions apply:
A.G.A,
A.G.A private company with limited liability, with its registered office in Amsterdam, having its office at 1014ZP Amsterdam Pontsteiger 171 and registered in the trade register under number;80079334 and (b) A.G.A . A private company with limited liability, with its registered office in Amsterdam.
Member
Any person who concludes an agreement with A.G.A to use the facilities of A.G.A;
Membership Agreement
The agreement between a Member and A.G.A, which is established in one of the ways described in article 2.2 and of which these Terms and Conditions form an integral part;
Membership Conditions
The general terms and conditions as presented in this document;
2 MEMBERSHIPS
2.1 A membership agreement is entered online on www.amsterdamgrappling.academy
2.2 A Membership Agreement is entered into the moment that:
(a) the Member has completed all requested information on the registration form and has signed it for approval; or
(b) the Member has completed and confirmed all requested information in the online registration form (accessible via www.amsterdamgrappling.academy).
2.3 A Membership Agreement starts at the moment of entering in accordance with article 2.2., unless explicitly different agreed.
2.4 Members can access their memberships by logging in on www.amsterdamgrappling.academy. They can terminate their membership online.
2.5 Payments already made by a member shall not be refunded for any reason, unless there is a valid revocation by the member in accordance with Article 2.2.
2.6 All participants of a class are obliged to have an active membership or have ordered a drop in before the start of class. The only exception is in case of a trial class: Every participant has the right to join one class for free. A trial class should be requested before the start of a class. Participants joining a class without an active membership will receive an invoice of €20,- (€15 drop in fee + €5 administration fee).
2.7 A.G.A reserves the right to index and change its prices and rates. Members will be notified of a price change at least one (1) month before the price change is implemented. If a price change takes place, a Member has the right to terminate the Membership Agreement within one (1) month after the announcement. A Member is not entitled to terminate the Membership Agreement prematurely if the price adjustment is based on the change in the price index figure for household consumption or on adjustments resulting from the law. However, if the latter price adjustment takes place within three (3) months after entering into the Membership Agreement, the right to terminate exists.
2.8 If the fee owed by the Member is not received by A.G.A at the latest on the payment date concerned, A.G.A is entitled to deny the relevant Member access to the facilities of A.G.A. If the Member concerned, after the first payment reminder, still fails to comply with the payment obligation, the Member is in default and the legal collection costs of at least € 40 will be charged. A.G.A is then entitled to hand over the entire claim for collection. In addition, statutory interest will be charged on the principal sum from the due date.
2.9 In the event of long-term illness, long-term injury and/or pregnancy of the Member, a Member may, after consultation and presentation of a written doctor’s statement, temporarily suspend or terminate his/her membership with a fixed initial term as of the next payment date. The end date of the membership will then be extended free of charge with the period of termination. The membership can be suspended for a maximum of three (3) months.
3 ACCESS AND OPENING HOURS
3.1 The facilities of a location of A.G.A will be exclusively accessible to Members that entered into a Membership Agreement concerning that specific location, unless there was made an agreement for an additional ‘add-on'.
3.2 The facilities of A.G.A (with the exception of the reception and the bar area) are exclusively accessible to Members. A.G.A reserves the right to deny a Member access to its facilities.
3.4 A Membership is strictly personal, non-transferable and in principle is provided only once. The Membership and the facilities of A.G.A may only be used by the Member to whom the relevant Membership has been provided.
3.5 The facilities of A.G.A are accessible during the opening hours as shown on www.amsterdamgrappling.academy
3.6 At all times A.G.A is entitled to change its opening hours and class schedules, cancel group lessons or (temporarily) close parts of its facilities for maintenance or otherwise. In such a case, a Member is not entitled to a reduction or refund of membership fees.
7 CHANGE OF MEMBERSHIP FORM
7.1 If (a) a Member wishes to change to another form of membership and (b) the relevant new form of membership is equal or higher in price than the current form of membership, this Member may at any time transfer to such a new membership form with effect from the first next payment date. By mutual agreement and at an additional payment of the pro rata difference between the current subscription form and the new subscription form, the new subscription form can also take effect before the next payment date.
7.2 If (ii) a Member wishes to change to another form of membership and (ii) the new membership form concerned is lower in price than the current membership form, this Member may:
(a) during the initial term of his/her Membership Agreement switch to such a new membership form at the end of the initial term; or
(b) at the end of the initial term of his/her Membership Agreement switch to such a new membership form with effect from the next payment date.
4 RISK AND LIABILITY
4.1 Practicing sports can involve risks. The use of A.G.A’s facilities in any way whatsoever is entirely at the expense and risk of the Member. A Member shall comply with all reasonable instructions given by A.G.A.
4.2 A Member is obliged to report his/her physical condition (such as injuries, illnesses and/or other physical disorders) prior to, during and after any training supervised by a trainer and to provide all information of which the Member reasonably should understand that this is necessary for doing exercises.
4.3 A.G.A and its directors, employees and other auxiliary personnel are not liable for (a) material or immaterial damage as a result of accident or injury of a Member and/or third parties in any way whatsoever and/or (b) damage, loss or theft of property belonging to a Member and/or third parties.
5 PERSONAL DATA AND PRIVACY POLICY
5.1 A.G.A processes your personal data for various purposes and in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of your personal data, please read the Privacy Policy below.
6 OTHER PROVISIONS
6.1 Unless explicitly agreed otherwise in writing, the registration form filled out by the Member and these Terms and Conditions of Members jointly constitute the full representation of the rights and obligations of A.G.A and the relevant Member and replace all previous written and spoken announcements, offers, agreements and all other correspondence.
6.2 These Membership Terms and Conditions have also been drawn up for the benefit of the directors, employees and other auxiliary personnel of A.G.A. The aforementioned persons may rely on these Membership Terms and Conditions by way of an irrevocable third-party beneficiary clause for no consideration.
6.3 Deviations from these Membership Terms and Conditions are only valid if explicitly agreed in writing.
7 CHANGE OF MEMBERSHIP CONDITIONS
A.G.A is entitled to change these Terms and Conditions from time to time. The possibly changed Membership Terms and Conditions apply to new members and to members whose membership is extended (whether or not tacitly). Regarding Membership Agreements for an indefinite period, A.G.A is entitled to change the Membership Terms and Conditions, with the proviso that the change is announced in writing at least three (3) months before the entry into force.
8 APPLICABLE LAW AND COMPETENT COURT
8.1 Only Dutch law applies to the Membership Agreement and all agreements entered into by or with A.G.A.
8.2 Disputes arising from the agreement between a Member and A.G.A or otherwise shall exclusively be settled by the competent court in the Netherlands.
9 FINALLY
9.1 These Membership Terms and Conditions are effective as of April 6, 2022 and applicable on all Membership Agreements which are entered into from April 6, 2022.
16.2 On all memberships that are entered into before April 6, 2022 the Terms and Conditions of October 2020 will be applicable.
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Privacy Policy
Amsterdam Grappling Academy respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
Until you accept the use of cookies and other tracking devices, we will not place any non-anonymised analytical cookies and / or tracking cookies on your computer, mobile phone or tablet.
With the continued visit of this website you accept these terms of use and you accept the use of cookies and other tracking systems, unless we have provided for another method of accepting cookies on our website.
The current available version of this privacy policy is the only version that applies while visiting our website until a new version replaces the current version.
Article 1 - Definitions
1. Website (hereinafter: "Website") Amsterdamgrappling.academy.
2. Party responsible for processing personal data (hereinafter: "the controller"): Amsterdam Grappling Academy, established at Pontsteiger 171 , 1014ZP Amsterdam, The Netherlands, Chamber of Commerce number: 80079334 .
Article 2 - Access to the website
Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.
Article 3 - Website content
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, cannot be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.
Article 4 - Management of the website
For the purpose of proper management of the site, the controller may at any time:
· suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
· delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
· make the website temporarily unavailable in order to perform updates
Article 5 - Responsibilities
1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
2. The controller is not liable for any legal proceedings taken against you:
· because of the use of the website or services accessible via the Internet
· for violating the terms of this privacy policy
3. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
4. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
Article 6 - Collection of data
1. Your personal data will be collected by Amsterdam Grappling Academy and (an) external processor(s) .
2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The personal data that are collected on the website are used mainly by the controller in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
Article 7 - Your rights regarding information
1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.
2. You can exercise these rights by contacting us at juliovinke@gmail.com.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us.
5. Depending on the complexity and the number of the requests this period may be extended to two months.
Article 8 - Legal obligations
1. In case of infringement of any law or regulation, of which a visitor is suspected and for which the authorities require the personal data collected by the controller, they will be provided to them after an explicit and reasoned request of those authorities, after which these personal data do not fall anymore under the protection of the provisions of this Privacy policy.
2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.
Article 9 - Collected data and commercial offers
1. You may receive commercial offers from the controller. If you do not wish to receive them (anymore), please send us an email to the following address: juliovinke@gmail.com.
2. Your personal data will not be used by our partners for commercial purposes.
3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The controller is not responsible in these circumstances.
Article 10 - Data retention
The collected data are used and retained for the duration determined by law.
Article 11 - Cookies
1. A cookie is a small text file placed on the hard drive of your electronic device upon visiting our website. A cookie contains data so you can be recognized as a visitor when you are visiting our website. It enables us to adjust to your needs and it facilitates you to log in on our website. When you visit our website, we inform you about the use of cookies. By continuing to use our website you accept its use, unless we ask permission by other means. Your consent is valid for a period of thirteen months.
2. We use the following types of cookies on our website:
- Functional cookies: like session and login cookies to collect session and login information.
- Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We cannot see who visits our sites or from which personal device the visit has taken place.
3. Specifically, we use the following cookies on our website:
No other cookies
4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.
5. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies
Article 12 - Imagery and products offered
You cannot derive any rights from the imagery that accompanies any offered product on our website.
Article 13 - Applicable Law
These conditions are governed by Dutch law. The court in the district where the controller has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
Article 14 - Contact
For questions, product information or information about the website itself, please contact us through the chat.
Artikel 15 - Attribution
This privacy statement was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/nl/nl).
This privacy statement applies since until further notice.