1. INTRODUCTION
Wellfaster is a provider of a eHealth platform
The following General Terms and Conditions of Business set out the legal framework for using Virtual Training and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.
2. SCOPE
2.1 Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, Wellfaster, Kongensgade 17, DK-6700, Denmark (hereinafter referred to as "us" or "we"). The subject matter of this contract is the use, free of charge, of the services we offer under the name Virtual Training via our website www.wellfaster.com, other Wellfaster websites or via our software applications (hereinafter referred to individually as "Virtual Training Service" or collectively as “Virtual Training Services” or in general “Virtual Training”). If you would like to try a mobile app gain access to Virtual Training Services, please check our website www.wellfaster.com to see if we have a mobile app for your end device and your end device's operating system.
2.2 Terms and conditions for participating
A condition for opening a user account and using the Virtual Training Services is that you are at least 18 years of age and have full legal capacity. If you are below 18 years of age, your parent or guardian must must open the account.
Virtual Training 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. Use of Virtual Training for commercial purposes of any kind is expressly prohibited.
2.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual Virtual Training Services. We will, however, notify you of this in good time prior to use.
3. WELLFASTER’S SERVICES AND PRICES
3.1 Services are free of charge
The scope of the services included in Virtual Training and the Virtual Training Services and available for use is free of charge. Please note that in order to use some of the Virtual Training Services to the full extent, certain equipment and training tools (such as a kettle bells, training mats or rubberband) may be required. These are not part of the Virtual Training Services and need to be provided or purchased by you separately at your own costs. In case of nutrition suggestions, please note that the foods suggested as part of the coaching are not part of the Virtual Training Services and need to be purchased by you separately at your own cost.
3.2 Prices
Free of charge
4. YOUR HEALTH
4.1 Terms and conditions with regard to your health
Use of the Virtual Training Services is at your own risk.
In any case a condition for the use of the Virtual Training 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 urgently before you start the Virtual Training Services (such as workouts). This applies in particular, but not exchaustive, if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.
In case of Virtual Training Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
The following general rules apply: Listen to what your body is telling you. Before using the Virtual Training Services for the first time or while using Virtual Training, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Virtual Training.
Before beginning any workout, it is recommended that you consult with a qualified health care provider, like a physician, that can determine what type of exercise, frequency and intensity are appropriate for you, and to make sure, that you are in well enough condition to perform these workouts. A qualified health care provider can recommend an exercise program that will cater to specific health concerns and needs.
If you feel any joint pain doing your workout – stop!
Plyo
During plyometric exercise, higher than normal forces are put on the musculoskeletal system. It is important to have a good base of general strength and endurance. Before you attempt deep jumps, it has been suggested that you should be able to squat twice your body weight. During the early stages of training, less intensive plyometric exercises like skipping, hopping and bounding, can be incorporated into general circuit training. More demanding exercises like single-leg hops and depth jumps should be limited to thoroughly conditioned athletes.
Kettlebells and likewise
Make sure to that you have the mobility and strength to perform kettlebells and likewise exercises with proper form.
Mobility
You have to feel a stretch doing these exercises, but if you feel joint pain or burning nerve pain – stop!
4.2 No substitute for medical advice
The services and information offered by Wellfaster and the Virtual Training Services do not constitute medical advice or a doctor's advice. Nor are they a substitute for a medical examination or treatment by a doctor.
4.3 Training-/Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science.
5. USER ACCOUNT
5.1 Registration process
In order to use the Virtual Training Services you must first be registered and open a user account. It is sufficient to open only one user account, even if you wish to use several Virtual Training Services (for example different Apps). You can open a user account via a service provider or our website. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process. After you register, for security reasons we will first send you an email in which we ask you to verify the registration by confirming account. After you have accepted you will be redirected to a website where we will finally confirm your registration. Only then will the registration process be complete.
6. CONCLUSION OF A CONTRACT
How the respective contract is formed depends on the method by which you register for Virtual Training for the first time.
6.1 Registration via mobile apps
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Virtual Training Services it is still necessary to open a cost-free user account with us.
7. TERM OF VALIDITY
7.1 User contract
The user contract concluded between you and us (or service providers) once you register your account is valid for an indefinite period.
7.2 One-off additional services
One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
8. PAYMENT METHODS
Free app
9. RIGHT TO CANCEL
9.1 Cancellation policy
If you have entered into a contract you are entitled to the following right of withdrawal.
You have the right to cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.
To exercise your right of cancellation you must send us a letter or email to:
Wellfaster
Kongensgade 17
6700 Esbjerg
Denmark
support@welfaredenmark.com
unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to cancel the contract.To meet the deadline for cancellation it is sufficient to send us the notification of your wish to exercise your right of cancellation before the cancellation period expires.
9.2 Lapse of the right of cancellation
In the case of a contract for the provision of services the right of cancellation lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of cancellation if we had completely fulfilled the contract.
In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of cancellation also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of cancellation once we had begun to perform the contract.
10. LIABILITY FOR DEFECTS
10.1 Statutory Provisions
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
10.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the Virtual Training Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Virtual Training Services.
We cannot guarantee that all Virtual Training services will be available at all times. You may be experiencing downtime of the service at certain periods, due to upgrades or unforeseen events that could have an impact on our services.
11. LIABILITY
11.1 General
Insofar as you are provided with guides or instructions in connection with the Virtual Training Services it is imperative that you follow them. Otherwise you risk being injured and your general health will be at risk.
Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.
You need to observe and respect our health safety notices in clause 4.
11.2 Liability for services provided free
For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to willful misconduct or gross negligence. In the event of willful misconduct or gross negligence our liability is limited to reasonable foreseeable or damage. Otherwise, our liability is excluded.
11.3
With regard to death or personal injury caused by the Virtual Training Services our liability shall at all times be limited to the extent legally allowed in each case.
Otherwise our liability including any punitive damages is excluded.
11.5 Liability of our employees
To the extent that our liability is excluded or limited, this is exclusion or limitation also applies to our employees and agents.
11.6 Liability of our service providers
Wellfaster does not carry any liabilities regarding services which have been or are provided by our service providers or third party administrators (TPA’s).
12. RIGHTS OF USE OVER WELLFASTER CONTENT
Depending on which services have been enabled for you, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Wellfaster websites, is not permitted.
13. RESPONSIBILITY FOR USER-GENERATED CONTENT
13.1 Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the Virtual Training Services. We accept no responsibility for this content, nor do we monitor it.
13.2 Compliance with statutory provisions
When supplying your own content, you are obliged to comply with all the applicable laws and other legislation of Denmark. Regardless of whether or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory nature.
In addition, you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular, you must also hold the necessary rights over your profile picture or any other picture you post.
We are entitled to delete or remove any content that in our discretionary opinion is unlawful or that infringes the above-mentioned principles at any time. If you infringe the above-mentioned principles, we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.
13.3 Indemnification
If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. We reserve the right to assert claims for damages and other claims.
14. PERSONAL DATA
We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at http://www.wellfaster.com/privacy. In particular, these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.
15. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF BUSINESS
We reserve the right to change or modify these General Terms and Conditions of Business with future effect. We will advise you of the changes on our web site. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use Virtual Training, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.
16. FINAL PROVISIONS
16.1 Applicable law
The relationship between the parties is governed exclusively by Danish law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
16.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Denmark or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
16.3 Language of the contract
The language of the contract is English.
16.4 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
17. INFORMATION ABOUT THE SUPPLIER
Wellfaster
Kongensgade 17
Denmark
Email:support@wellfaster.com
VAT number: DK34455058
18. OPTION TO SAVE AND REVIEW THE CONTRACT LANGUAGE
These General Terms and Conditions of Business may be reviewed by you at http://www.wellfaster.com/terms.html. Please consult your web browser's help documentation if you need help with saving the file.