Terms of Service
1. DESCRIPTION OF SERVICE
Wandelcoach.Biz currently provides users with access to a quality collection of management and management software related resources, including, various communications tools, documents, videos, links and similar. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Wandelcoach.Biz to provide the Service. You also understand and agree that the service may include certain communications from Wandelcoach.Biz, such as service announcements, administrative messages and the Wandelcoach.Biz Newsletter, and that these communications are considered part of Wandelcoach.Biz services.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Wandelcoach.Biz properties, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that Wandelcoach.Biz assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR USER OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Australia, UK, Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wandelcoach.Biz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wandelcoach.Biz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Wandelcoach.Biz is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 18 years old to create a Wandelcoach.Biz account.
3. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy here
4. USER CONDUCT
You acknowledge, consent and agree that Wandelcoach.Biz may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Wandelcoach.Biz, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Wandelcoach.Biz and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5. INDEMNITY
You agree to indemnify and hold Wandelcoach.Biz, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your membership.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Wandelcoach.Biz login details), use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
Wandelcoach.Biz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wandelcoach.Biz not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that Wandelcoach.Biz may, under certain circumstances and without prior notice, immediately terminate your Wandelcoach.Biz account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Wandelcoach.Biz account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Wandelcoach.Biz sole discretion and that Wandelcoach.Biz shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wandelcoach.Biz has no control over such sites and resources, you acknowledge and agree that Wandelcoach.Biz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wandelcoach.Biz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. Wandelcoach.Biz PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Wandelcoach.Biz or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Wandelcoach.Biz grants you a personal, non-transferable and non- exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Wandelcoach.Biz for use in accessing the Service.
11. DISCLAIMER OF WARRANTIES
Registration Data and certain other information about you is subject to our Disclaimer of warranties. For more information, see our full disclaimer of warranties here
12. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.
13. NOTICE
Wandelcoach.Biz may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Service. Wandelcoach.Biz reserves the right to make alternation to the Terms of Service at any time and without prior notice.
14. TRADEMARK INFORMATION
Wandelcoach.Biz, the Wandelcoach.Biz logo and other Wandelcoach.Biz logos and product and service names are trademarks of Wandelcoach.Biz (the "Wandelcoach.Biz Marks") and the DE Wandelende Coach company based in The Netherlands. Without Wandelcoach.Biz prior permission, you agree not to display or use in any manner, the Wandelcoach.Biz Marks.
15. GENERAL INFORMATION
Entire Agreement. The Terms of Use constitute the entire agreement between you and Wandelcoach.Biz and govern your use of the Service, superseding any prior agreements between you and Wandelcoach.Biz. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Wandelcoach.Biz services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and Wandelcoach.Biz shall be governed by the laws of The Netherlands, Australia without regard to its conflict of law provisions. You and Wandelcoach.Biz agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Noord-Brabant in The Netherlands.
Waiver and Severability of Terms. The failure of Wandelcoach.Biz to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Wandelcoach.Biz account is non-transferable and any rights to your Wandelcoach.Biz I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
16. VIOLATIONS
Please report any violations of the Terms of Use to our Support Team.
This Terms of Service was last updated 30 march 2008.
