Terms and Service.
Welcome! By using our services you agree to these terms and conditions. This way we all know how we should treat each other.
Last changed on 25 july 2016.
These documents are important when using services provided by MYLAPS Experience Lab.
Clause 1 - General
- These General Terms and Conditions are applicable to all agreements between MYLAPS Experience Lab B.V. (and the websites operated by MYLAPS Experience Lab including Looptijden.nl, SchaatsApp.nl and Fietstijden.nl as well as the associated mobile applications), further herein jointly referred to as MYLAPS Experience Lab, and its counterparties to any agreement, further herein referred to as the User.
- Insofar as delivered items or software services (such as an account via a website or mobile application) are mentioned this also includes subscriptions and their extensions by MYLAPS Experience Lab (such as training schedules provided by MYLAPS Experience Lab).
- These General Terms and Conditions do not apply to agreements with regard to products of or via MYLAPS Experience Lab which are directly entered into with third parties by the User, including via the app stores of Apple and Google.
Clause 2 - Offers and prices
- Any offer of MYLAPS Experience Lab containing an obvious error and/or mistake is null and void and will not have any legal effect for MYLAPS Experience Lab. MYLAPS Experience Lab cannot be held to their offers if the User could reasonably understand that the offers or any part of them include an obvious error or mistake.
- All prices are excluding dispatch costs and including VAT unless explicitly stated otherwise.
Clause 3 - Software services
- If the User buys software services from MYLAPS Experience Lab, MYLAPS Experience Lab will grant to the User a non-exclusive, non-transferable and strictly personal right of use for these software services by means of access to the services via the personal profile of the User, until termination of it by discontinuing the use unless explicitly otherwise provided for. MYLAPS Experience Lab ensures the accessibility of the software services and will make efforts to provide the User with continuous access to the software services. MYLAPS Experience Lab does not guarantee that the software services will always be fully available or available without any interruptions.
- MYLAPS Experience Lab undertakes the maintenance of the software services where it considers it necessary. If the software services are not accessible due to maintenance, MYLAPS Experience Lab will try to announce this to the User by making this known (at the option of MYLAPS Experience Lab) in MYLAPS Experience Lab, the software services and/or via e-mail at least 48 hours in advance.
Clause 4 - Payment, delivery and dissolution
- Payment for software services by the User must always be in advance.
- Delivery of software services not made to the User's specification or not tailor-made for the User will take place immediately after payment has been received, by providing the User with access to them via his personal profile. If after the payment by the User has been received by MYLAPS Experience Lab it is in any way reversed, refunded or otherwise made undone by the User or by a third party, MYLAPS Experience Lab will dissolve the agreement with the User and MYLAPS Experience Lab will terminate the User's access to the software services with immediate effect.
- With regard to software services made to the User's specification or tailor-made for the User such as personalized training schedules, a delivery period of 10 days after payment has been received will be applicable, after which access is granted via the personal profile of the User. If after the payment from the User has been received by MYLAPS Experience Lab it is in any way reversed, refunded or otherwise made undone by the User or by a third party, MYLAPS Experience Lab will suspend the User's access to the software service with immediate effect until the moment that full payment has been received by MYLAPS Experience Lab.
- The amounts due from the User with regard to other products must be paid within 14 days after the cooling-off period referred to in Clause 5 has commenced, or in the absence of a cooling-off period within 14 days after the agreement has been formed.
- A delivery period of 10 days after formation of the agreement applies to other products not made to the User's specification or not tailor-made for the User.
- A delivery period of 10 days after formation of the agreement applies to other products made to the User's specification or tailor-made for the User.
- An agreed delivery period is not a deadline unless explicitly agreed otherwise in writing. In the event of late delivery, the User must give a written notice of this default to MYLAPS Experience Lab and allow a reasonable further period for the delivery obligation to be fulfilled. If the items cannot be delivered within due time through the actions of the User the delivery period will be extended by MYLAPS Experience Lab by a number of days it considers reasonable in order still to be able to fulfill the obligations under the agreement.
Clause 5 - Cooling-off period
- With regard to the products referred to above in Clause 4 under 4 a cooling-off period of 14 days applies from the day after formation of the agreement within which time the User can dissolve the agreement and can return the delivered products to MYLAPS Experience Lab. The costs of the returns will be at the expense of the User. Within thirty days after having received the products MYLAPS Experience Lab will refund the purchase price paid by the User.
- The agreements with regard to the software services referred to above in Clause 4 under 3 and the products referred to above in Clause 4 under 5 cannot be dissolved or terminated by the User unless there is an attributable failure on the part of MYLAPS Experience Lab and the User has informed MYLAPS Experience Lab of this within two months after he discovered or ought to have discovered this failure.
- With regard to the use of the software services referred to above in Clause 4 under 2 a cooling-off period (trial period) of 14 days applies from the date that access to these services has been provided by MYLAPS Experience Lab via the personal profile of the User, after which the User can terminate this software service by means of termination via a MYLAPS Experience Lab support desk, accessible via the appropriate form on the contact page of the respective website of MYLAPS Experience Lab. The software service will then no longer be provided to the User by MYLAPS Experience Lab and MYLAPS Experience Lab will refund the purchase price paid by the User within thirty days after termination by the User.
Clause 6 - Subscriptions
- Software services bought via a subscription are entered into for a certain period and cannot be terminated prematurely by the User.
- After an agreed subscription period has expired, subscriptions will not be automatically extended unless explicitly otherwise agreed.
Clause 7 - Warranties and liability
- The products and software services to be delivered by MYLAPS Experience Lab comply with the normal requirements and standards which can be reasonably set to that end at the moment of delivery or provision by means of access to that service and for which they are intended under normal use. Therefore MYLAPS Experience Lab does not guarantee that the products and software services are suitable for the use intended by the User.
- The training schedules of MYLAPS Experience Lab are composed by qualified coaches with the greatest care, taking into account the condition and physical state of an average sportsman in good health. The User himself is responsible for the responsible use of the training schedules purchased. MYLAPS Experience Lab is not liable for any injuries or damage caused as a result of using a training schedule sold by MYLAPS Experience Lab.
- MYLAPS Experience Lab makes regular back-ups (weekly and daily) of all times and other data saved on its server. MYLAPS Experience Lab recommends that the User always saves his data locally himself. Therefore MYLAPS Experience Lab is not liable for lost data or any damages suffered as a result of this. MYLAPS Experience Lab is not liable for damages caused by its server (including the software services to be delivered by it) not being accessible.
- MYLAPS Experience Lab is not liable for any damages caused by a software service not being available for the User, unless there is intention or conscious recklessness on the part of MYLAPS Experience Lab.
- MYLAPS Experience Lab is not liable for damage of any nature whatsoever caused because MYLAPS Experience Lab based itself on inaccurate and/or incomplete data provided by or on behalf of the User.
- The liability of MYLAPS Experience Lab for any damage whatsoever is excluded unless there is intention or gross negligence. In the event of a consumer purchase this limitation does not cover more than is allowed pursuant to Section 7:24 subsection 2 of the Dutch Civil Code.
- If MYLAPS Experience Lab would be liable for any damage, MYLAPS Experience Lab’s liability will be limited to not more than the value of the order, in any event to that part of the order to which the liability relates. Moreover, the liability of MYLAPS Experience Lab is always limited to the amount that its insurer will pay should the occasion arise.
Clause 8 - Intellectual property
- All intellectual property rights including but not limited to copyright and database rights on MYLAPS Experience Lab, its products or software services are exclusively vested in MYLAPS Experience Lab or its licensors. Therefore, by entering into and carrying out an agreement between MYLAPS Experience Lab and the User, no copyrights, trademark rights or other intellectual property rights on delivered products, software services, the source code or designs of them or illustrations on them will be transferred to the User. For the use of the software services MYLAPS Experience Lab will only grant a right of use as described in Clause 3, which right of use can be terminated by MYLAPS Experience Lab at any time by no longer providing access via the personal profile.
- In addition, the respective Conditions of Use are applicable to the use by the User of the websites, the mobile applications and the software services provided to the User through them, which are made available by MYLAPS Experience Lab.
Clause 10 - Amendments, applicable law, competent court and disputes
- MYLAPS Experience Lab reserves the right to amend these General Terms and Conditions. Any amendment will be announced actively on the Website and via the App. MYLAPS Experience Lab recommends the User to consult these General Terms and Conditions regularly in order to ascertain whether any amendments have been made. If after the amendment the User continues to use the Website and/or the App, the amended General Terms and Conditions will be applicable to this use.
- Dutch law applies exclusively to all legal relationships in which MYLAPS Experience Lab is a party, even if a contractual obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Sales Convention is excluded.
- The parties will rely on the court only after they have done their utmost to settle any dispute in mutual consultation.
- Any disputes that may arise in connection with the agreement entered into between the User and MYLAPS Experience Lab or from further agreements that may result from it, will exclusively be settled by the competent court in Amsterdam.
If you have any questions, suggestions or complaints about these General Terms and Conditions: send an e-mail to firstname.lastname@example.org.