Terms & Conditions FOR THE HOI BY KETTLER APP
These are the General Terms and Conditions, as used by Trisport AG.
By making use of the „Hoi by Kettler“ mobile app (hereafter the “Hoi by Kettler-App”) and the services provided by Trisport AG in connection therewith (hereafter: “the Services”) you declare to explicitly agree with all General Terms and Conditions of Trisport AG (hereafter: “Terms and Conditions”).
The Terms and Conditions apply to Trisport AG‘s (hereafter: the “Company”) end-users (hereafter: “User“).
1. Use
The use of the Services is only allowed, if the Terms and Conditions and the Privacy Statement are agreed upon, with a few exceptions in a number cases mentioned hereafter. Therefore, by using the Services, the User declares to agree with the Terms and Conditions.
Hoi by Kettler-App reserves the right to forbid the use of and/or access to the Services without (prior) notice or reason, in example by blocking or removing profiles or by blocking IP-addresses of computers, in case Hoi by Kettler-App finds this appropriate due to whatever reason.
Hoi by Kettler-App is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. The use of Hoi by Kettler-App for commercial purposes of any kind is expressly prohibited. Public groups are for users with a joint interest only.
2. Age Restrictions
By using the Services of Hoi by Kettler- App, you represent and warrant that (a) you are 18 years of age or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of your residence or; (b) if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian.
You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction as well as the laws of Switzerland.
3. User information and registration
The User declares that the information provided, in example for registration, is correct and complete and that he/she will update these where possible within the Service, in case of changes. Any login data and passwords should be kept confidential and may not be shared with third parties. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your login data or User account.
The User may not grant third parties access to Service via his/her own registered account. In case the User shares his login data with third parties, he/she will be fully responsible and liable for direct and indirect damage resulting thereof.
The User agrees that Hoi by Kettler-App saves, processes and stores all the data provided by the User, including through use of the Service. Please also see our Privacy Statement[KC1] . (https://kettlersport.com/de-de/privacy-policy/)
4. Offered information
Although the information on this Hoi by Kettler-App is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website or contained within the other Services, whether or not originating from Hoi by Kettler-App or one of its employees, this is completely at your own risk.
The information is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. Hoi by Kettler-App should in example never be used for (self)diagnosis. In any case it is strongly recommended that Users immediately consult their doctor with any medical questions, complaints and/or symptoms.
By accepting these Terms and Conditions the User explicitly recognizes that Hoi by Kettler-App cannot be held liable for any defects and/or wrong information contained within the information offered, and the possible damage which may occur in result thereof.
5. Physical exercise and nutrition
The use of the Hoi by Kettler-App and the Services pertaining thereto is at your own risk.
In any case a condition for the use of the Hoi by Kettler-App Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions, we advise you to seek medical advice from a doctor before you start the Hoi by Kettler-App Services. If you choose to use the Service without prior consulting your doctor and/or dietitian, you are agreeing to accept full responsibility for your decisions and acknowledge that you cannot hold the Company for any damages resulting from your use of the Hoi by Kettler-App and the Services.
6. Medical and nutrition disclaimer
The Services can offer health, fitness and nutritional information including, without limitation, advice and recommendation, that is provided solely as general education and informational purposes.
You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program.
7. Rights of intellectual property
By accepting these Terms and Conditions the User explicitly recognizes that all designs, information, images and other content within the Hoi by Kettler-App and Services – with exception of user generated content – are property of the Company, and are protected by relevant laws of intellectual property, including but not restricted to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.
8. Rights of use
The Company grants to the User a limited, personal, non-exclusive, non-sublicensable, non-transferable and revocable right to use the Hoi by Kettler-App and Services for personal purposes and subject to these Terms and Conditions.
Hoi by Kettler-App
It is explicitly forbidden to copy, duplicate, modify, publish or use the designs, information, graphics and other content for direct or indirect commercial purposes, unless explicitly agreed in written form with the Company.
The User declares not to perform any acts which infringe or can infringe the (intellectual property- or database) rights of the Company or third parties.
9. Communication
Hoi by Kettler-App may send varying communications to the User via the Service, including update notifications or reminders, e-mails or other communications.
The User agrees that Hoi by Kettler-App may approach the User for important changes or updates of the Services, in case deemed necessary by the Company. Such communication shall in principle never contain any commercial messages from third parties.
Hoi by Kettler-App is at any time free to delete any of the Users communications without any prior or further notice if these are regarded to be below standard or otherwise inappropriate by Hoi by Kettler-App.
10. Information from third parties
The Service may contain information from third parties or refer thereto, including but not restricted to information created by the User, advertisements, banners and website links (hereafter: “Information from Third Parties”).
Information from Third Parties generally is and cannot be previously checked by Hoi by Kettler-App, which means that we cannot guarantee the quality and validity thereof. Hoi by Kettler-App is not responsible or liable for Information from Third Parties, nor for the possible direct or indirect damage or loss which may result from it.
Third parties may connect to Hoi by Kettler-App via interface and obtain access to publicly available data contained within the Service, including possibly personal user data which has been published on the Service with their permission. Beside that third parties can obtain access to public and closed personal data via the API, when the User explicitly gives permission for it. The Terms and Conditions and Privacy Statement from Hoi by Kettler-App do in principal not apply to applications from third parties. These third parties may use different Terms and Conditions and Privacy Statements. We strongly advise you to read the terms and conditions and privacy policies of any third-party web site or service that you visit.
11. Unlawful information
You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable.
After a report Hoi by Kettler-App will investigate the presence of unlawful information in one or more of the Services within a reasonable time and will take action against it if possible. Any unlawful communication should be reported directly via e-mail to marketing@kettlersport.com
This report should in any case contain the following information:
a) the URL where the alleged unlawful information can be found.
b) your explicit statement that the material is unlawful and why.
c) in case it is a case of infringement of rights of intellectual property, you need to substantiate that you are the rightful owner of said rights, and to which extent the information infringes said rights.
d) in case you represent someone else, an authorization which allows you to act on behalf of the rightful claimant, signed by the rightful claimant.
e) Your name, email address, address and phone number, so that Hoi by Kettler-App can contact you.
12. Service and payment
The listed prices of the monthly or yearly app subscription are in Euro’s and inclusive VAT, unless explicitly stated otherwise.
All listed prices are conditional and can be adjusted without any prior notice.
Payment is due once the agreement is in place, unless otherwise agreed upon.
The Service shall be delivered as soon as possible or within the agreed period after payment. Hoi by Kettler-App accepts no liability for any damage, in case the delivery takes place after the agreed period.
13. Modifications to the Services
The Company explicit reserves the right at any time to modify, stop or change a part of, or the whole of one or more of the Service, for a determined period or always, without prior notification or after to the User, whether it concerns paid or unpaid Service.
This may also result in non-accessibility or loss of a part or the whole of the Shared Information. The Company cannot be held liable for any direct or indirect damage resulting thereof.
14. Modification of the Terms and Conditions
The Company reserves the right to change her Terms and Conditions at any time and without prior notice. After such a modification the changed Terms and Conditions will be offered for inspection immediately on the website / app.
12.2 By using the Hoi by Kettler-App of the Company after changes to the Terms and Conditions the User declares to agree to the new Terms and Conditions.
15. Exclusion of liability
The Service and the content thereof are delivered by the Company as such, including potential defects.
Nor the Company, nor her partners or suppliers give any guarantee, explicit or implicit, regarding the functionality of the Service or any content thereof.
The Company cannot and does not guarantee that the Service is available at any time at any location, and that said availability occurs safely, or that any errors will be solved or that the Service is free from viruses or other harmful components.
The User acknowledges that the Service may contain potential (hidden) defects and accepts the risks for any direct or indirect damage which may occur thereof. The User cannot terminate an agreement based on non-compliance.
Except to the extent required by law, the Company shall not be liable for any direct or indirect damage or loss arising out of or in connection with the use of the Service.
16. Duration
Without termination, the subscriptions will automatically be extended after agreed period has ended, in principle for a same period, unless otherwise agreed
17. Termination
You have the right to cancel your User account at any time. To do this you have to select the necessary settings in your profile.
Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon. In case of an annually contract period, the termination has to be done at least one month and in case of monthly contract period at least two weeks, before the end of the (renewed) contract period.
18. Electronic signature
By using the Service, the Company provides an electronic signature so that these Terms and Conditions apply.
19. Application and Severability
These Terms and Conditions replace all prior agreements or commitments, unless these are explicit agreed upon by an authorized director of the Company.
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
20. Applicable law and place of jurisdiction
Substantive Swiss Law applies to these Terms and Conditions, excluding its conflict of law provisions and international treaties. Any disputes which may result from these Terms and Conditions will be exclusively decided upon by the competent court in Zug, Switzerland.
