TERMS & Conditions
Imbody Europe / Stoepkrijt Concepts
Distributor of Imbody in Europe
Located at Zoete Inval 4, 4815HK in Breda
KVK: 54349583
Hello@imbody.eu
+31852007442
These Terms of Use (the “Terms”) apply to any website, app, or other online service that posts a link to these Terms (collectively the “Site” or “Imbody Site”). Throughout the Site, the terms “Imbody,” “we,” “us,” and “our” refer to Imbody and any affiliated or subsidiary companies along with their directors, officers, employees, agents, independent contractors, and representatives. Imbody offers the Site, including all information, tools, and services available from the Site, to individuals on the condition that all these Terms of Use are accepted (individually, “you,” “your,” or “User” and, collectively, “you” or “Users”).
These Terms are binding, and you agree that you will comply with these Terms. These Terms are effective as of the Effective Date identified above. The act of accessing or using the Site signifies your consent to these Terms without limitation or qualification. If you do not agree to these Terms, you should not use the Site. Imbody reserves the right to modify these Terms, and the contents of the Site, including the features, availability, or operation of the Site, at any time in our sole discretion. We encourage you to periodically review the Terms posted on the Site. You agree to monitor the Site for any changes made thereon and that your continued use of the Site following the posting of any changes indicates your understanding of and agreement to such changes.
Additional or different terms may apply to some products, services, or portions of the Site. Those terms will be posted on the Site in connection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.
The Site may contain links to goods, services, or content that are not under our control, including third-party websites or apps where products may be available for purchase. These links are provided only as a convenience and as an additional avenue of access to the subject matter available at the linked location. Imbody has not necessarily reviewed all the subject matter available at the linked location and is not responsible for it, or for any goods, services, content, or products that may be offered. Inclusion of links to other websites or apps should not be viewed as an endorsement of the content of linked websites or apps, and different terms and conditions may apply to the use of any linked websites, apps, or purchases made at those locations. Imbody is not responsible for the content of those websites, apps, or services or any losses, damages, or other liabilities incurred as the result of the use of any of the websites, apps, goods, services, content, or products referenced on the Site. Some Imbody products are offered for sale by independent dealers or third-party retailers, and the purchase of any such product is subject to the terms and conditions of the applicable sale, lease, or retail installment contract or other form of agreement.
We have a Privacy Policy that applies to the Site. It contains important information about the ways that we collect, use, and share information about you. We encourage you to read it so that you will understand your choices concerning protection of your personal information. Our Privacy Policy is considered a part of these Terms.
You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to qualify under, abide by, and comply with these Terms.
The content and other material and services provided by Imbody may include instructional videos, exercise routines, exercise records, and other media. You acknowledge and agree that Imbody is not a healthcare provider or fitness instructor; that the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that Imbody is not responsible for any results that may (or may not) be obtained from the use of the Service. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability that may prevent or limit your ability to use the Service. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Imbody Service solely in accordance with your personal physician’s advice.
Information presented on the Site is for informational purposes only. Although Imbody makes reasonable efforts to ensure that all information included on the Site is correct, accuracy, completeness, and timeliness cannot be assured. Imbody does not assume any responsibility or obligation for the accuracy, completeness, or timeliness of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete, or timely sources of information.
Imbody neither represents nor warrants that any product or service depicted or mentioned on the Site is currently available for sale or in production or has been tested for commercial use. Regardless of any information presented on the Site, Imbody reserves the right, without prior notice, to discontinue products and services, including models, parts, accessories, and other items, or to change specifications at any time without incurring any obligations. Information on the Site does not constitute a binding offer to buy or sell any products or services or to make any products or services available in your area. Imbody also does not represent or warrant that job opportunities depicted or mentioned on the Site are currently available. Information on the Site regarding job openings does not constitute a binding offer of employment.
To maintain the integrity of the Site and the experience of Users, you agree not to misuse the Site or its content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:
Disrupt or interfere with the normal operation and navigation of the Site or the availability of the Site to other Users.
Circumvent any measures we use to limit access to the Site or particular content available on the Site.
Access the Site using any unauthorized “robot,” “spider,” “scraper” or other automated means.
Provide or use a false name, email address, or other contact information, impersonate any person or entity, or otherwise misrepresent your identity, affiliation, or the origin of materials you transmit.
Display the Site, or any of its content, in a “frame” or otherwise in connection with any other content or trademark, or in any other way that could potentially deprive Imbody of revenue or falsely suggest a relationship between us and any third party.
Make any commercial use of the Site or its content, including collection or use of information concerning our product offerings, descriptions, images, prices, and sales volumes, except as we specifically authorize.
Maintain any link to the Site from any commercial website other than the authorized website of a distributor of Imbody products or maintain any link to the Site that we ask you to remove.
Transmit to or through the Site any viruses, spyware, adware, or other harmful code, political campaign communications, chain letters, mass mailings, or any form of “spam.”
Disassemble, decompile, or otherwise reverse engineer any software or other technology used in or available through the Site.
Use the Site to advertise or promote any goods or services other than Imbody’s.
Use the Site to transmit or collect personal information about other users.
Use the Site, or any content from the Site, to advertise or solicit for any other person, entity, or otherwise to compete with us or act illegally or maliciously against our business interests or reputation.
If you violate this Section, we may terminate your access to the Site, take other remedial actions, and seek any remedies permitted by law. Termination of access or use of the Site will not waive or affect any right or relief to which Imbody may be entitled at law.
The Site may provide the opportunity for you to create a user account to access certain functionality provided through the Site (a “User Account”). This Section, “Accounts,” establishes additional terms that apply to User Accounts.
You may only create and hold one User Account for each Site, and you may not use anyone else’s User Account. Certain information is required by Imbody for you to establish a User Account. We may invite you to provide other information that is optional. When we request information from you to create a User Account, you must provide Imbody with accurate and complete information. You also must update your account when information you have provided to us changes. You may do so either through the account section on the relevant Site or by contacting us at hello@imbody.eu. Imbody may use the information you provide in creating a User Account as set forth in its Privacy Policy and other provisions of these Terms. You are responsible for maintaining the confidentiality of your User Account authentication credentials such as your account login names and passwords, and you must not permit use of your User Account by anyone else. You accept responsibility for all activities that occur under your User Account. If you have reason to believe that an unauthorized person is using or has accessed your User Account, please contact us immediately at hello@imbody.eu. We are not responsible for any loss or damage resulting from unauthorized use of your User Account.
You authorize us to use the contact information you provide us to communicate with you about our Site and products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing emails from us by following the opt-out instructions provided to you in those emails.
We reserve the right to terminate access to your User Account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your User Account is terminated, you may lose access to any information stored in connection with your User Account, and any promotional account credits and any other forms of value that may be associated with your User Account. Upon termination, these Terms shall continue to apply to any other use of the Site that you are permitted to make.
The Site provides various mechanisms to disable or delete your User Account. For many of our sites you can log in to your User Account and disable or delete your account through the account settings. In some instances, Imbody may retain some of the associated account information for reporting or regulatory purposes after a User Account has been disabled or deleted.
Please note that if you have created a User Account with us, and that same User Account can be accessed either through a website or through a mobile app, deleting the mobile app will not delete your User Account. You must visit the website to delete your User Account or contact us at hello@imbody.eu.
The Site may provide the opportunity for you to submit comments or otherwise transmit or publish material through the Site (“Community Forums”). Information you provide to us, other than product orders and personal information, is referred to in these Terms as “User Content.” This section, “Community Forums and User Content,” states additional terms that apply to User Content.
You are responsible for any User Content submitted, uploaded, posted, or transmitted via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such User Content. You are prohibited from submitting any User Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable, (ii) constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law, or (iii) violates the provisions of “Use of the Site and Standards of Conduct.” When you submit User Content, you represent and warrant that you have the right to provide it to us, that it does not violate the prohibitions above, and that it is not inaccurate, false, or misleading.
When you submit User Content, the profile information you provided in connection with your User Account (e.g., your username) may be displayed with the User Content. You grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully transferable, and sublicensable license to use, reproduce, create derivative works of, distribute, perform, display, and in any other way exploit User Content by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising. You agree that (1) User Content is not being provided to us in confidence; (2) there is no confidential or fiduciary relationship between you and us; and (3) you have no expectation that we will review, acknowledge, or compensate you for your User Content.
To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans, or similar materials provided as User Content. Please do not provide us such materials. If you nonetheless do so, the immediately preceding paragraph will apply.
We may refuse or remove User Content without notice to you. We may monitor User Content, but are not required to do so. You agree that we will not be liable for any loss or damage resulting from your User Content or similar submissions made by other users.
All content included on the Site, including text, designs, graphics, trademarks, service marks, logos, icons, images, audio clips, downloads, interfaces, and software, any intellectual property held by Imbody, and the selection and arrangement of any of these, are the exclusive property of Imbody, its content providers, and applicable trademark owners, and is protected by copyright, trademark, and other applicable laws. The copying, downloading, and/or printing of content included on the Site is for your personal and non-commercial use only and is conditioned on your not modifying or deleting any copyright, trademark, or other proprietary notice that appears on the content. Any other use of content contained on or obtained from the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content obtained from the Site is expressly prohibited. Imbody, its content providers, and applicable trademark owners retain full and complete title to the content provided on the Site, including all associated intellectual property rights. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any content, including any trademark, logo, or service mark displayed on the Site, without the owner’s prior written permission, except as otherwise described herein. Imbody reserves all rights not expressly granted in and to the Site and its content.
We may make Intellectual Property available through the Site to dealers and other third parties with whom we have additional agreements in place. In some cases, those materials are subject to separate agreements or terms, which may be posted on the relevant Site, or require separate authentication credentials.
You understand that by using the Imbody Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of using the products provided by Imbody in which the Imbody Service is made available, performing physical activity, and/or using the equipment on which the Imbody Service is available. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using such equipment, or other third parties, whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage, and injury to person or property that may arise from, or that is related to, your use of the Imbody Service, whether such risk is known or unknown to you.
You hereby waive and release Imbody and the Affiliated Entities, to the maximum extent permitted by law, from any claim, action, suit, or demand arising out of or in connection with the use of the Imbody Services (including with respect to any physical injury or death). You acknowledge that neither Imbody nor the Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Imbody Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors, and assigns.
Imbody makes the site available at no charge. You understand and acknowledge full responsibility for use of the site and that such use is at your sole risk and discretion, Imbody, its affiliates, dealers, or suppliers will not be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way related to the site or with the delay or inability to use the site, or for any information, products, or services advertised in or obtained through the site, Imbody’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Imbody or any of its affiliates or suppliers has been advised of the possibility of damages. If any content is downloaded from the site, it is done at your sole risk and discretion. You are solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. Imbody will not be liable for any failure or delay in our performance due to any cause beyond our reasonable control, including acts of war, acts of god, acts of shippers or other third-party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the internet or computer equipment. This limitation of liability applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, any loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. Users of the site specifically acknowledge and agree that Imbody and suppliers shall not be liable for any defamatory, offensive, or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims is to immediately discontinue use of the site.
You agree to indemnify, defend, and hold harmless Imbody and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause any technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Imbody reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with Imbody in the defense of such matter.
These Terms along with any posted policies or operating rules constitute the entire understanding of Imbody and Users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of shall remain in full force.
You understand and agree that we may change these Terms at any time without prior notice, in which case the updated Terms will be posted on our Site and supersede prior versions. Modification will become effective at the time of posting on our Site unless specified otherwise. Your continued use of the Site after we have posted the updated Terms may be relied upon by us as your consent to any such modifications. If you don’t agree to be bound to the updated Terms, then you may not use the Site. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
Questions or comments about these Terms or the Site may be directed to:
E-mail: hello@imbody.eu
Thank you for visiting our site.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.
Disclaimer
Imbody encourages users to participate in certain physical activities. By using Imbody services or products, or participating in such activities, you acknowledge and agree that you understand the safety hazards, risks, dangers, and potential for injury associated with any physical or recreational activity. You further acknowledge and agree that you are in good health and physically fit to participate in the activities made available through Imbody, that you have not been advised of any adverse health conditions by a physician, medical practitioner, or other health care provider, that you will not participate in any of the activities provided by Imbody under the influence of alcohol, drugs, or anything that could impair your ability to safely engage in the activities, and that you will only use Imbody services and products in accordance with their recommended uses and heed any warnings associated with all Imbody services and products. By using the Imbody services or products, or physically participating in such activities, you agree to assume the risks associated with such activities. To the extent permitted by applicable law, you forever release, waive, and discharge us, our subsidiaries, owners, agents, representatives, and employees from any and all liability for loss or damage, and for every claim or cause of action of any kind including, but not limited to, bodily injury, death, or property damage, arising out of your participation in the physical activities recommended by the Imbody sites.
You understand that the Imbody services and products are intended to be used in connection with athletic and fitness activities. You expressly agree that engaging in athletic or fitness activities as part of the Imbody services and products carries certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in part by the action, inaction, or negligence of Imbody or others. You also expressly agree that Imbody does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the services.
The Imbody Product is offered and intended only for your personal use, and not for the use or benefit of any third party. Minors who are under 15 years old who can safely fit and use the Imbody Product may do so with parent/guardian consent so long as the parent/guardian is present at all times during use. You should consult your physician, medical practitioner, or other health care provider before engaging in any of the physical activities recommended by the Imbody services and products to assess your ability to safely engage in such activities. You should not engage in any of the activities recommended by the Imbody sites if you have any medical conditions where exercise could induce adverse effects. If you are pregnant, diabetic, have a heart condition, or have any injuries, disabilities, or other medical conditions, you certify that you have permission from your physician, medical practitioner, or other health care provider to begin an exercise program. You certify that you will start slowly and take care not to exceed your capabilities when exercising. You should immediately stop any activity that causes you to become dizzy, dehydrated, or otherwise affects your body’s ability to function normally. You should always wear recommended safety equipment when participating in any activity recommended by Imbody. Failure to do so may result in injuries. You agree that we shall not be responsible for any injuries you sustain while participating in any activities recommended by Imbody. You agree and understand that if you are injured while exercising, you will be solely responsible for all medical costs, damages, and out-of-pocket expenses, and any claims must be satisfied through your personal health insurance or assets.
IMBODY is not responsible or liable in the following circumstances:
Any other Imbody products or services, non-Imbody products or labor that are, or that Imbody reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller. Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair (other than that caused by an Imbody authorized service technician), use of the Imbody products with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Imbody products, or any use contrary to the instructional materials provided by Imbody. Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by Imbody.
Incidental or consequential damages. Imbody is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. Imbody does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation. Equipment used for commercial purposes or for any use other than a single family or household.
Any attempt to move or repair fitness equipment creates a risk of injury and property damage. Imbody is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than an Imbody authorized service technician. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK, and Imbody shall have no liability for any injury to person or property arising from such attempted moves or repairs. In addition, labor may no longer be covered if you move outside of Imbody’s service area. Where permitted by law, replacement units, parts, and electronic components reconditioned to as-new condition by Imbody or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
