1. Applicability
1.1 These general terms and conditions apply to every subscription, membership, or other product/service offered by VOLLEYBALXL, located in ELBURG (GELDERLAND, Netherlands), hereinafter referred to as the “User,” unless explicitly and in writing agreed otherwise.

1.2 In these general terms and conditions, “Customer” means any (legal) person who acquires a subscription/membership from or through the User  via the website volleyballxl.com, (hereinafter named: “Service”)or if a contract (distance contract) is concluded in any other way between the User and the Customer.

1.3 The User shall provide the Customer with the text of these general terms and conditions before the conclusion of the contract. If this is not possible, the User shall inform the Customer of how to access these general terms and conditions free of charge or that they will be sent to the Customer. Deviation from these terms and conditions is only possible if the parties have explicitly and in writing agreed to do so.

1.4 User is at anytime entitled to update or amend this general terms and conditions, and will notify its Customers in general about any update or change.

2. Formation and Amendment of the Contract
2.1 All offers and cost estimates from the User, in whatever form, are non-binding unless the offer includes an acceptance period. A contract is only concluded by a written confirmation of the User or by actual performance by the User.

2.2 All offers, advertisements, cost estimates, or contracts and their appendices contain a complete and accurate description of the offered Service. This description is detailed enough for a proper assessment of the offer. Obvious errors or mistakes, including in the price, are not binding on the User.

2.3 Each offer includes information in such a way that it is clear to the Customer what mutual rights and obligations are associated with accepting the offer.

3. Trial Period and Subscription Payments
3.1. User may at its own discretion offer as part of the subscription to the Service to any new Customer the option for a free trail period of seven (7) days, which trial period will be offered through the normal purchase process on the website of User. Upon acceptance of the offer, the Customer is entitled to a free trial period of 7 days, during which a Customer can use the Service for free. The trial period is effective directly from the moment of the purchase and and ends exactly 7 days later.
3.2 Unless the Customer cancels the subscription within the 7-day trial period, the subscription will automatically continue against the regular payment conditions, as a result of which User User is entitled to and will charge the applicable monthly/quarterly/yearlyfee related to the Service immediately after the end of the trial period. The User reserves the right to charge the fee up to 1 hour before the trial period ends.
3.3 Customer can cancel a subscription through its account settings on the VolleyballXL platform.
3.4 With purchase of the subscription, Customer acknowledges and confirms that no refunds will be issued in the case the Customer cancels its subscription after the trial period.

4. Execution of the Contract
4.1 Subject to the provisions in paragraph 4, the contract is concluded at the moment the offer is accepted by the Customer via the VolleyballXL platform. User will immediately confirm receipt of acceptance of the offer via email.

4.2 CustomerUserAs long as the User has not confirmed receipt of this acceptance, the Customer has the right to dissolve the contract.

4.3 User shall take appropriate technical and organizational measures to protect electronic data transmission and ensure a secure web environment. Payment is generally made electronically/digitally, unless the parties have explicitly made other arrangements. In the case of digital/electronic payment, the User shall take reasonable security measures as far as is reasonably possible.

4.4 Within the legal framework, the User may inquire whether the Customer can meet their payment obligations and about all facts and factors that are important for a well-founded conclusion of the distance contract. If, based on this assessment, the User has good reasons not to conclude the contract, they are entitled to refuse an order or assignment or to attach special conditions to its execution—especially considering that the User’s offer mainly consists of subscriptions (long-term contracts). The subscription will continue until it is terminated, and the User is entitled to charge the usual costs for this.

4.5 The User shall provide the Customer with the following information at the latest upon delivery of the subscription, product/service in writing or in a way that the Customer can store them in an accessible manner on a durable medium:

a. The visiting address of the User’s branch to which the Customer can address complaints.

b. Information about the after-sales service following the purchase of the subscription.

c. The price, including all taxes, for the goods, service, or digital content, if applicable, delivery costs, and the method of payment, delivery, or performance of the distance contract.

d. The conditions for terminating the contract if the contract has a duration of more than one year or is indefinite.

4.6 In the case of a long-term contract, the provision of the previous paragraph only applies to the first delivery.

4.7 A long-term contract is a subscription/membership on the VolleybalXL online platform, typically entered into for one year. Without termination, the subscription is automatically renewed for a the same duration of the initial subscription period. The User will inform the Customer at least six weeks before the end of the annual subscription about the expiration of the subscription and the automatic renewal for a new subscription.

4.8 The indication of delivery times in offers, cost estimates, contracts, etc., is always made to the best of the User’s knowledge and belief, and these dates will be met as far as possible but are not binding.

5. Use of the Subscription/Membership
5.1 The Customer is aware that they are using the membership on an internet platform and that this is always associated with security risks. Therefore, the Customer shall handle personal and security-related data such as Username and password with care and diligence.

5.2 In principle, only adults are allowed to use the membership. Minors may only use the membership and the platform with the consent of an adult.

5.3 The content available through the subscription, platform, and services of VolleybalXL is intended for personal, educational, and non-commercial use and should generally not be shared with individuals outside the household or club circle (in the case of a club account). With the subscription, the Customer acquires a limited, non-exclusive, non-transferable right for the duration of the subscription to view the content and create/prepare training. No rights are transferred to the Customer. The Customer agrees to and indemnifies and hold User harmless against use the service for any commercial, public performance or sharing on the internet where the content could be viewed by other persons or in general (digital) public.

5.4 Each account is unique and personal. The account is linked to a person through registration data such as name and address, bank details, and IP address. Therefore, the Customer must provide accurate personal information. For security reasons and due to the platform’s structure, the IP address is recorded, and login behavior is monitored. This ensures that no one else can use or access the account. Furthermore, the Customer must not share the account with third parties. The User reserves the right to take action against any suspected use of the account by a person other than the registered User. In case of (presumed) abusive use of the account, such as sharing with others, the User can not only claim compensation for the damage suffered but also suspend, if necessary, terminate the contract with the Registered User, and permanently block and delete the account.

5.5 The Customer agrees not to archive, reproduce, distribute, modify, reproduce, perform, publish, license, offer for sale, use, or create derivative works from information and content contained in the membership and the User’s platform or obtained through or via them (unless expressly permitted in these terms and conditions). The Customer also agrees not to circumvent, remove, modify, disable, restrict, or interfere with the protection of the User’s content, not to use robots, spiders, scrapers, or other automated means to access the membership or the User’s platform, not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the platform, not to insert any code or manipulate the User’s content in any way, and not to use methods for data mining, data collection, or extraction. The Customer can terminate or restrict the use of the platform and the subscription/membership if they violate these terms or use the platform in an illegal or fraudulent manner.

5.6 The image quality of the content can vary from one device to another and can be influenced by various factors such as location, available bandwidth, and/or the speed of the Customer’s internet connection. The availability of image quality depends on the internet service and the capabilities of the Customer’s used device. Not all content is available in every image quality. The Customer is responsible for all internet access costs.

5.7 The Customer who has purchased a subscription and has been assigned an account, from which membership costs are deducted (the “Account Holder”), has access to and control over the VolleybalXL account. Furthermore, the Account Holder is responsible for all activities conducted through the account. If the Account Holder wishes to maintain control over the account and prevent unauthorized access (including account history), they must monitor the use of the account used to access the platform and keep the password and payment method data for the account confidential. The CCustomer is solely responsible for the accuracy of the data provided to the UserUser in connection with the account and must update it if necessary. The UserUser may terminate the subscription/membership/account or temporarily suspend it to protect the Customer, our partners, or third parties from intellectual property rights violations, identity theft, or other fraudulent activities.

5.8 The UserUser reserves the right to claim all direct and indirect damages (including damage to reputation) suffered as a result of the Customer’s failure to comply with these obligations. In addition to this claim, the Customer owes the User an immediately due penalty of €420 if they have violated one or more paragraphs of the provisions in Article 5 of the general terms and conditions. The Customer guarantees that it will not share content (text, videos, exercises) or violate any intellectual property right that is explicitly securely published on the Volleybal XL platform as part of the Service by User, on other platforms, websites, social media, or via email or other communication means is not allowed. The Customer will indemnify and hold harmless User against any direct or indirect damages as a result of a breach of this warranty. In addition, User is entitled to charge a penalty of €2,000 for each breach of clause 5.

5.9 User is the sole owner of all intellectual property rights related to the Service any documentation or deliverable related to the Service.

6. (Changes to) Prices and Conditions

6.1 All prices are stated in Euros and include government-imposed taxes. Any special additional costs related to the import and/or clearance and, if necessary, the transport of goods to be delivered to the Customer by the UserUser are not included in the price and are therefore the responsibility of the Customer. The UserUser will inform the CustomerCustomer in advance of the amount.

6.2 The amounts mentioned in the UserUser’s offers are based on the prices, rates, wages, taxes, and other factors relevant to the price level that exist at the time of the offer. If a change occurs in one or more of the aforementioned factors after the (order) confirmation, the UserUser is entitled to adjust the agreed price accordingly. If the price is increased due to this provision, and the increase exceeds 10% of the agreed total amount, the CustomerCustomer has the right to terminate the contract in writing within eight days after becoming aware of or being able to become aware of the price increase.

6.3 The UserUser is entitled to index the price for the subscription, at least on a yearly basis against the renewal of the subscription. Price changes will be announced in advance and will take effect for the subsequent billing period.

7. Termination
7.1 The CustomerCustomer can terminate the membership at any time but must always terminate the annual membership with one month’s notice. The termination will be effective at the end of the billing period in which the termination reaches the UserUser. Payments are non-refundable, and the UserUser does not offer refunds or credits for partial membership periods (or for unviewed content).

7.2 After termination, the account will automatically be closed at the end of the relevant billing period. The User will inform the Customer as soon as possible after termination of the date on which the account will be dissolved.

8. Payment
8.1 The first payment is made by deposit, transfer, or through a third party to an account designated by the UserUser. All subsequent payments can be made through a direct debit procedure. If the CustomerCustomer agrees to these general (usage) terms and conditions, they can have the invoice amount collected by direct debit on a monthly or annual basis.

8.2 In case of payment default, after the CustomerCustomer’s reminder, the UserUser is entitled to suspend the availability of the subscription and the services and products offered until all payments owed to the UserUser by the CustomerCustomer and already due have been fully settled.

8.3 In the event of late payment, the UserUser is obliged to notify the CustomerCustomer of default and grants an additional 14 days to pay the amounts due. If the payment is not made within said term, the CustomerUser is, and from that moment on entitled to the statutory interest and an uplift of 5% per year as well as to any extrajudicial collection costs (if there is a legal claim to them) in accordance with the guidelines of the applicable jurisdiction.

8.4 Without prejudice to the other rights of the UserUser under this article, the Customer is obliged to reimburse the User for the collection costs that the User had to bear and that go beyond sending a single payment request or merely making a (rejected) settlement proposal, obtaining simple information, or compiling the documentation in the usual manner. These costs will be determined based on the guidelines then applicable in the applicable jurisdiction.

9. Force Majeure
9.1 The User is not liable if a deficiency is due to force majeure. This is the case when the website where the membership and services are offered is unavailable, and this is due to a circumstance beyond the User’s control. During the period of force majeure, the User’s obligations are suspended. If the period during which the User’s obligations cannot be fulfilled due to force majeure lasts longer than three months, both parties have the right to terminate the contract without judicial intervention, without any obligation to pay damages.

9.2 If the User has already partially fulfilled its obligations or can only partially fulfill them at the time of force majeure, it is entitled to charge the Customer the usual price for the membership as if there were no force majeure.

10. Liability
10.1 The User is only liable for direct damages suffered by the Customer, up to 100% of the Charges as paid by Customer during a subscription year.

10.2 The User is in no case liable for the way in which the content of the platform is used in various activities, including training and all other possible activities. The Customer remains fully responsible for the practical application of the content provided by the User. The performance or execution of exercises and training developed by the User is and remains the sole responsibility of the Customer and is solely at their own risk.

10.3 All categories of indirect or consequential damages are excluded from User’s liability.

10.4 The User is not liable for damages if and to the extent that the Customer has insured against the relevant damage or could have reasonably insured against it.

11. Intellectual Property Rights
11.1 The User’s platform, including all content provided on it, is protected by laws and contracts in the field of copyright, trademarks, trade secrets, and other intellectual property.

11.2 Copyrights (and other intellectual property rights) in the content and other services and services provided by the User are entirely owned by the User. If these copyrights and intellectual property rights are violated by the Customer, the User may terminate or temporarily suspend the subscription/membership/account to protect the Customer, our partners, or third parties from legal violations. The User reserves the right to claim damages suffered by the User from the Customer at any time.

11.3 VolleybalXL is a trade name, a trademark, and a logo of the User. This trade name, trademark, and logo may not be used by the Customer and/or third parties unless the User has expressly granted written consent.

12. Disputes and Applicable Law
12.1 In case of ambiguities regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation of these provision(s) shall be “in the sense” of these general terms and conditions. The User may amend these general terms and conditions from time to time. The User will inform the Customer of these changes at least 30 days before they come into effect.

12.2 Contracts concluded with the User and these general terms and conditions are subject to the applicable jurisdiction in which User provides the Service.

12.3 Any disputes arising from or related to this contract will be decided exclusively by the competent court in the district where the User has its registered office at the time of concluding this contract.

13. Miscellaneous
If the Customer wants to learn more about the User’s service offerings or needs assistance regarding the account and platform, the Customer can contact the User through the website.