Applicability

These General Terms and Conditions apply to all existing and future agreements entered into between JB Personal Coaching and a Customer, unless JB Personal Coaching and the Customer agree otherwise in writing prior to the conclusion of the Agreement.

Simply said

These terms and conditions apply to all customers of JB Personal Coaching

Definitions

• JB Personal Coaching: JB Personal Coaching with its registered office in Diemen, the Netherlands.

• JB Personal Coaching Online: A service offered by JB Personal Coaching, aimed at improving the physical health of customer(s) online.

• JB Personal Coaching Offline: A service offered by JB Personal Coaching, aimed at improving physical health offline

• Customer: natural person aged 18 and older who has taken out a subscription with JB Personal Coaching.

• The Agreement: the Agreement between JB Personal Coaching and the customer.

Establish agreement

The Agreement between JB Personal Coaching and the Customer is concluded by means of:

a. Online registration via an online form on the website of JB Personal Coaching.

b. Physically registering via social media.

After the Customer has completed the registration for JB Personal Coaching and has agreed to the General Terms and Conditions and the Privacy Policy of JB Personal Coaching by transferring an amount, the Agreement is valid.

The Agreement is strictly personal and can only be transferred after permission from JB Personal Coaching.

When registering online, a Customer has the right to inform JB Personal Coaching that he/she is waiving the Agreement, without payment of a fine and without giving a reason, within 14 days from the day following the start date ( day 1) of his/her payment. This does not apply to other forms of registration and Agreements with a term of 1 month. The cancellation must be made in writing to jimmy@jbpersonalcoaching.com

If the Buyer decides within the cooling-off period of 14 days to cancel the Agreements with a term longer than 1 month, JB Personal Coaching is entitled to charge the number of days that the Buyer has been able to use the facilities offered by JB Personal Coaching. to charge.

With a subscription that can be canceled monthly, the Customer cannot prematurely cancel his/her Membership during the concluded contract period. A subscription can be canceled with due observance of at least 5 working days notice before the start of the new period.

JB Personal Coaching only enters into agreements with persons who are at least 18 years old. The Customer guarantees that he/she gives a correct date of birth. JB Personal Coaching has the right to dissolve the Agreement if it appears that the customer is younger than 18 years.

JB Personal Coaching processes personal data of the Customer within the framework of the applicable laws and regulations regarding the protection of privacy, in particular the General Data Protection Regulation (GDPR), in a manner and for the purposes as described in more detail below. How we process personal data is stated in the privacy statement (https://jbpersonalcoaching.com/privacybeleid-jb-personal-coaching/).

In the context of business operations, JB Personal Coaching processes the personal data for the following purposes:

a. Billing

b. Accounts Receivable

c. Providing the service to the customer

d. Complaint handling and dispute resolution

e. Information to the Buyer’s employer about the use of the Membership

f. To prevent, detect and combat fraud and irregularities

g. For market research and commercial purposes such as sales and sales activities related to the services of JB Personal Coaching and/or services of related parent and sister companies related to the services of JB Personal Coaching.

JB Personal Coaching may provide this information in the context of the aforementioned objectives to a third party to whom it has transferred the claim.

The training plans and behavioral lessons to be used by the customer during the plan and other data that can be regarded as intellectual property are not regarded as personal data and as such are not subject to the General Data Protection Regulation (GDPR).

Simply said

After the start of your JB Personal Coaching you have 14 days to reconsider your registration if you have opted for a membership duration of 12 months. With a monthly terminable membership, you always purchase the first month if it has started.

You promise that you enter the correct information when registering on the website. JB Personal Coaching stores your data in order to use it for normal business operations.

Membership fees

1. The Agreement is entered into for the agreed contract term. The contract term is 12 months, or a subscription that can be canceled monthly. The contract cannot be changed, paused or terminated prematurely.

2. The starting date is determined when registering. The first payment period starts on this effective date.

3. The payment obligation commences the moment JB Personal Coaching has received the registration.

4. The Customer owes the subscription fee over the entire contract term. However, JB Personal Coaching offers the Customer the opportunity to pay the agreement in periodic installments of one month in advance.

5. Payment of the membership fee must be made by direct debit per period of 1 month in advance, with the first payment being made immediately using one of the available payment methods. The first payment in this case serves as an authorization for direct debit. It is also possible to prepay the entire membership in one go via the available payment methods. The general terms and conditions of the chosen payment method also apply to the payment. Payment of the subscription fee must be made via the customer’s personal portal on the website.

6. The payment must have been received by JB Personal Coaching at the latest on the last day of the month. JB Personal Coaching is not liable for any malfunctions and/or errors that occur during the transfer of funds. In case of problems, please contact your bank.

7. In the event of late receipt, reversal or chargeback of the amount due, the Customer will be sent a payment reminder. The Customer is given two weeks to pay the amount due. If the Customer is in default after this period of two weeks, all outstanding membership terms will become immediately due and payable and the claim will be handed over for collection. All costs incurred for this are for the account of the Customer.

8. JB Personal Coaching is entitled to terminate the relationship with the Customer in the event of payment arrears without the payment obligation lapses.

9. Interim suspension of payment is not permitted.

Simply said

Your membership lasts 12 months or can be canceled monthly, you can always renew afterwards, you cannot shorten the subscription.

You are obliged to pay the subscription fee on time.

Services and obligations Parties

1. JB Personal Coaching provides personalized services based on four pillars: behaviour, nutrition, training and sleep in the case of JB Personal Coaching.

2. The services to be provided by JB Personal Coaching are provided from the commencement date of the Agreement.

3. Because the services of JB Personal Coaching are delivered online, JB Personal Coaching cannot guarantee that its services can be reached at any time at any location and that this is done securely or that errors are resolved or that the services/products are free. of viruses or other potentially harmful software or components.

4. JB Personal Coaching will at all times treat all information received from the Customer confidentially.

5. Infringement of rights of the Customer must be reported by e-mail to Jimmy@jbpersonalcoaching.com. After the report, JB Personal Coaching will investigate the presence of unlawful information within a reasonable time and, if possible, take action against it.

6. The Customer is obliged to consult his or her general practitioner before commencing a JB Personal Coaching service

7. The Customer is obliged to provide correct and correct information in general.

8. The Customer is obliged not to supply material that is protected by copyright.

9. The Customer declares that the information provided, such as that for registration, is correct and complete and that it will be adjusted by the Customer if it changes.

10. The Customer may not provide third parties with access to JB Personal Coaching via its own registration. In the event of a violation, the Customer is fully liable for the direct and indirect damage thereof.

11. The Customer is fully liable for all damage suffered by JB Personal Coaching and third parties as a result of the information shared by the Customer.

12. The Customer agrees that JB Personal Coaching stores, processes and uses all data provided by the Customer and generated by use as further described in art. 1.8 of these Terms and Conditions.

13. JB Personal Coaching reserves the right at any time to change or discontinue part or all of the functionality of one or more parts of JB Personal Coaching for a specific period or forever. The Customer will always be communicated about this. As a result of all of the information shared by the Customer are inaccessible or are lost. 

14. In the event of a change as referred to in point 13 of this article, for whatever reason, the Customer is only entitled to a pro rata return of the amount already paid (in advance) to JB Personal Coaching.

Simply said

Nobody is perfect, neither is JB Personal Coaching. JB Personal Coaching does its best to provide its services as quickly and as well as possible, but don’t get angry immediately if something goes wrong. If you want to help us through feedback, we are always open to a conversation.

JB Personal Coaching respects copyrights and expects you to do the same. If you provide information that you should not have provided, and JB Personal Coaching suffers damage as a result, you are liable.

Make sure you have consulted a doctor before you start JB Personal Coaching, you are responsible for your own health.

JB Personal Coaching may always decide to stop providing its services. Of course, JB Personal Coaching will then ensure that matters are handled properly.

Risk and Liability

1. JB Personal Coaching is not liable for damage suffered by the Customer as a result of incorrect use of the website.

2. JB Personal Coaching is not liable for damage suffered by the Customer as a result of the incorrect use of the services provided by JB Personal Coaching.

3. JB Personal Coaching is not liable for damage resulting from incorrect data supplied by the Customer.

4. JB Personal Coaching is not liable for damage that has arisen as a result of not following the advice of JB Personal Coaching correctly.

5. JB Personal Coaching is not a medical organization and is not equipped to give you medical advice or make a medical diagnosis. For specific advice, you should seek the help of a general practitioner, doctor or paramedic.

6. JB Personal Coaching is not liable for consequences arising from an unknown and/or concealed health aspect and is not liable for damage, injury or illness arising from or related to the use of the services provided by JB Personal Coaching.

7. In all cases in which any liability may lie on the part of JB Personal Coaching, the liability of JB Personal Coaching is limited to the amount paid out in a specific case by JB Personal Coaching’s liability insurer. In the event that JB Personal Coaching’s liability insurer does not make a payment, JB Personal Coaching’s liability is limited to five times the amount charged to the Customer by JB Personal Coaching.

8. The use of the materials is entirely at the Customer’s own risk.

9. JB Personal Coaching and its employees do not accept any liability for material or immaterial damage as a result of an accident or injury to the customer and/or third parties, arising in any way whatsoever.

10. JB Personal Coaching and all its employees do not accept any liability for damage, loss or theft of property of the Customer and/or third parties.

Simply said

JB Personal Coaching is not liable for damage to you or your belongings. So take care of yourself and your belongings.

To end

1. A membership with a term of 12 months or that can be terminated monthly must be canceled by the customer before the contract term has expired. A subscription can be canceled with due observance of at least 5 working days notice before the start of the new period.

2. The Customer cannot cancel his/her subscription prematurely.

Simply said

Your subscription ends if you cancel 5 working days before the end of 12 months. You can always extend the subscription. A monthly cancellable subscription is extended by one month at a time and you can cancel with at least 5 working days notice before the start of a new period. It is not possible to stop in the meantime.

Intellectual Property

1. By accepting these General Terms and Conditions, the Customer expressly acknowledges that all designs, information, images and other content are the Product property of JB Personal Coaching and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights , database rights, related rights, patents and design rights.

2. JB Personal Coaching grants the Customer a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable right to use the products and services of JB Personal Coaching for personal purposes and under the conditions as set out in these General Terms and Conditions. posed.

3. Upon termination of the subscription (after expiration duration of the contract or in the event of premature termination by JB Personal Coaching pursuant to Article 8.4), the Customer’s right to use the products and services supplied by JB Personal Coaching lapses. The products and services delivered during the term of the subscription remain the property of JB Personal Coaching and are not made available to the Customer after the contract has ended.

4. When a license for one or more of the products or services of JB Personal Coaching is agreed in an agreement between JB Personal Coaching and a third party, this concerns a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to use the relevant products and services.

5. The Customer is expressly prohibited from copying, changing, publishing, and using designs, information, images and other content of JB Personal Coaching for direct or indirect commercial purposes, unless expressly agreed in writing with JB Personal Coaching. 

Simply said

Your 360healthshare (including the behavioral lessons, your training sessions and the messages from your Coach) is addressed to you and only for you. It is not the intention that you just throw this information public and share it with others. Otherwise, JB Personal Coaching will no longer have a right to exist.

Of course you can discuss everything you learn with the people around you. But don’t start your own version of 360healthshare based on the information from JB Personal Coaching

Communication

1. Communication can take place in various ways by JB Personal Coaching, such as update notifications or reminders, e-mail or otherwise.

2. The Customer agrees that JB Personal Coaching may approach the Customer for changes or updates to the services, if it deems this necessary.

3. The Customer agrees that JB Personal Coaching or one of its affiliated parent or sister companies may approach the Customer for commercial purposes. The Customer has the option, after receipt of an initial approach, to indicate that he no longer wishes to be approached in the future.

4. Within the services of JB Personal Coaching, Customers can communicate with each other, for example by posting comments or sending messages. The Customer agrees not to send spam or otherwise unwanted communications, of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, defamatory, infringing, violating privacy or advertising messages. Acting in violation of these conditions may result in immediate denial of access to and use of the services of JB Personal Coaching and termination of the user license. The payment obligation for the customer for the concluded membership does not expire with this.

5. JB Personal Coaching is at all times free to remove user communications or other parts of the shared information without further notice if the content of these communications and information justifies their removal.

Simply said

JB Personal Coaching or one of Jimmy Buitenhuis’ other companies may send you an e-mail every now and then.

Final Provisions

1. These terms and conditions and all agreements entered into by or with JB Personal Coaching are exclusively governed by Dutch law.

2. All disputes arising from the agreement between JB Personal Coaching and a Customer will be submitted to the competent court in the Netherlands.

3. By entering into a subscription, the Customer declares to know and accept the General Terms and Conditions so that these general terms and conditions form one whole with the registration as referred to in Article 3.1 of these General Terms and Conditions and therefore together form the agreement.

4. JB Personal Coaching is entitled to change the General Terms and Conditions. Changed Terms and Conditions apply to new members and to members whose membership is being extended.

Simply said

Dutch law applies to these terms and conditions and if you and JB Personal Coaching quarrel and cannot resolve this together, the Dutch court has jurisdiction.

Additional Terms and Conditions

Article 1: Definitions

• JB Personal Coaching: the legal entity JB Personal Coaching, with its registered office in Diemen, the Netherlands.

• JB Personal Coaching: a service tailored by JB Personal Coaching for a period of 12 months or can be canceled monthly.

• Customer: a natural person who has purchased JB Personal Coaching from JB Personal Coaching.

• JB Personal Coaching Coach: the JB Personal Coaching Coach of the Customer with a JB Personal Coaching membership.

Article 2: Getting a result

Whether the Customer has achieved the intended result, JB Personal Coaching and the Customer jointly determine on the basis of a visible as a measurable difference in the measurements respectively based on the target chosen by the customer at the start of the plan.

Article 3: Injury

If the Customer becomes injured during his/her JB Personal Coaching and is therefore unable to train and check off the training results in the progression, a ‘freeze’ or a ‘termination’ applies. The termination applies at the moment that it appears from a doctor’s statement that sports are no longer possible due to medical reasons. This only applies on the condition that JB Personal Coaching receives a doctor’s certificate within 14 days after the Customer has stopped filling in the training results, showing that the Customer is unable to continue the training. A temporary freeze applies under the condition that JB Personal Coaching receives a doctor’s statement within 14 days after the Customer has stopped filling in the training results, which shows that sports are temporarily not possible. However, sports alone are not the only service. Other services and guidance can still be provided. The above applies if no service can be performed anymore.

Article 4: Membership forms

Monthly cancellable subscription*

The entire term of your subscription is at least 1 month and is renewed every month. It is possible to choose to cancel your subscription 5 working days before the start of a new period.

12 months membership*

The entire term of your subscription is 12 months. At the end of the entire term you can choose to continue or stop your membership.

* Interim upgrade to a 12-month subscription is possible. Intermediate downgrading is not possible.

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