Terms of Service

Last updated: December 2024

Acceptance of Terms

By accessing and using the services provided by givesdsf B.V. ("givesdsf," "we," "our," or "us"), including our website at givesdsf.life and our wellness studio facilities located at Vijverweg 6, 1355 UG Almere, Netherlands, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

Company Information

givesdsf B.V. is a Dutch limited liability company registered in the Netherlands with registration number 60491837 and VAT number NL892753106B01. Our registered address is Vijverweg 6, 1355 UG Almere, Flevoland, Netherlands.

Service Description

givesdsf operates a premium wellness studio providing fitness and wellness services including but not limited to personal training, group fitness classes, wellness consultations, nutrition guidance, and access to fitness facilities. All services are provided subject to these terms and conditions.

Membership and Registration

To access our services, you may be required to register for a membership or account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities under your account.

Membership Requirements

  • Members must be at least 16 years of age
  • Members under 18 require parental consent
  • Health questionnaire completion is mandatory
  • Valid identification must be provided
  • Payment information must be current and accurate

User Obligations and Conduct

As a user of givesdsf services, you agree to:

  • Comply with all facility rules and regulations
  • Treat staff and other members with respect
  • Use equipment safely and as intended
  • Maintain personal hygiene standards
  • Report any injuries or incidents immediately
  • Not engage in disruptive or inappropriate behaviour
  • Not use our facilities for commercial purposes without permission
  • Respect the privacy and safety of others

Health and Safety

You acknowledge that physical exercise and wellness activities involve inherent risks. You agree to:

  • Consult with healthcare professionals before beginning any exercise programme
  • Inform us of any health conditions that may affect your ability to exercise safely
  • Exercise within your physical limitations
  • Follow all safety instructions provided by our staff
  • Use equipment properly and report any malfunctions

Payment Terms

Membership fees and service charges are payable in advance according to your chosen payment plan. All prices are in Euros (EUR) and include applicable VAT. Payment methods accepted include bank transfer, credit card, and direct debit. Failed payments may result in suspension of services.

Refund Policy

Membership fees are generally non-refundable except where required by law or in cases of long-term illness or injury with medical certification. Refund requests must be submitted in writing with appropriate documentation.

Cancellation and Termination

You may cancel your membership by providing 30 days' written notice. givesdsf reserves the right to terminate memberships immediately for breach of these terms, non-payment, or behaviour that compromises the safety or enjoyment of our facilities by others. Upon termination, all rights to use our services cease immediately.

Suspension of Services

We reserve the right to suspend services temporarily for maintenance, upgrades, or circumstances beyond our control. We will provide reasonable notice when possible, but are not liable for any inconvenience caused by such suspensions.

Intellectual Property

All content on our website and materials provided in our services, including but not limited to text, graphics, logos, images, software, and workout programmes, are the property of givesdsf or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

Permitted Use

You may access and use our website and services for personal, non-commercial purposes only. Any unauthorised use of our intellectual property may result in legal action and termination of your membership.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, givesdsf shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, incurred by you or any third party, whether in an action in contract or tort, even if we have been advised of the possibility of such damages. Our total liability for any claims arising from these terms or your use of our services shall not exceed the amount paid by you for services in the 12 months preceding the claim.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

You agree to defend, indemnify, and hold harmless givesdsf, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of our services or violation of these terms.

Force Majeure

givesdsf shall not be liable for any failure or delay in performance under these terms which is due to fire, flood, earthquake, pandemic, government restrictions, or other causes that are beyond our reasonable control.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands. The parties agree that any legal proceedings shall be conducted in English or Dutch.

Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.

Entire Agreement

These terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and givesdsf regarding your use of our services and supersede all prior agreements and understandings.

Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new terms. We recommend reviewing these terms periodically.

Contact Information

If you have any questions about these terms, please contact us:

givesdsf B.V.

Vijverweg 6
1355 UG Almere
Flevoland, Netherlands

Email: legal@givesdsf.life
Phone: +31 20 330 4084

Registration Number: 60491837
VAT Number: NL892753106B01