Terms and conditions of use

June 2019

The following General Terms and Conditions provide the legal framework for using the Powering Offroad website (www.poweringoffroad.com and related landing pages) and also the Powering Offroad App.

Therefore, please carefully read these Terms of use and Conditions before using our online platforms or buying our Products and Services. The purposes of this General Terms of use and Conditions is provide the basis for the user agreement resulting between you and Us, Powering Real Rider S.L., Cerros de Navalcón 142, Collado Villalba, Madrid (Spain), hereinafter “Us” or “We”.

This General Terms of use and Conditions includes the Privacy Policy, who describes the types of personal and non-personal data we collect and how we use such data.  This Privacy Policy applies to all Powering Offroad Products and Services. Therefore, please make sure that you read and understand our General Terms of use and Conditions, as well as the Privacy Policy.

By using any of the Powering Offroad Products and Services, you hereby warrant and represent that (i) you have read, understand and agree to this Terms of use and Conditions, (ii) you are over 18 years of age (or are a parent or guardian with such authority to agree to this Terms and Conditions for the benefit of an individual who is under 18 years of age). If you do not accept the terms set forth in this General Terms of use and Conditions, and the consents associated therewith, please do not use our Products and/or Services.

Last revised: June 2019

1. Applicability

1.1 Contract partners and contract subject matter

These General Terms and Conditions provide the basis for the user agreement resulting between you and Us. The contract subject matter is the free or paid use of the services offered by Us on the website www.poweringoffroad.com or the Powering Offroad App (hereinafter individually referred to as an “Powering Offroad Services” or, generally, “Powering Offroad”).

1.2 Additional terms and conditions

We reserve the right to make your use of certain Powering Offroad Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.

If you use Powering Offroad Services via the Powering Offroad App and you have downloaded the application from the app store of a third party, the General Terms and Conditions, included the Privacy Policy and/or Terms of Use of the app store will apply in addition to these General Terms and Conditions. In case of the iTunes store such terms include, for example, the “end User License Agreement for Licensed Applications” (which you will find at www.apple.com/legal/internet-services/itunes/ww/). You will find the terms of use for Google Play at www.play.google.com/intl/de_de/about/play-terms.html . Please be sure to review the terms of use of this third parties that apply in your country.In the event of any conflict, these Terms of Use will prevail.

2. Health Requirements

You will use the Powering Offroad Services only at your own risk.

Anytime you use the Powering Offroad Services you must be in good health. If you have any known preexisting illness or health conditions, please consult your physician or your doctor before you begin to use Powering Offroad Services. This is particularly important if you suffer from any cardiovascular or metabolic conditions, spinal and/or joint problems, or other health limitations that limit your athletic performance.

Please do not use the Powering Offroad Services if, for example, you experience injury, considerable pain, recent surgery, general malaise, shortness of breath, nausea, or dizziness, or any considerable illness or other health conditions. In case such cases please consult your physician before you begin or continue to use Powering Offroad Services.

You must understand that we have not possibility to know about your physical conditions, so if you continue using Powering Offroad Services, We understand that you are in a appropriate state of health to practise our training program and/or any other services we provide.

 

3. Participation Requirements

To participate in the Powering Offroad App, you must open a user account, you must be at least 18 years old and have full legal capacity.

By entering into a contract with Us you represent that you have no other user account with Us and that your user account has not been suspended or canceled in the past due to violation of our Terms of use and Conditions. In such cases We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete. We have no possibility to check and/or prove the information you give us through the personal questionnaire you will find in the Powering Offroad App.

4. Conclusion of contract, user account

4.1 Registration process

To use the Powering Offroad Services, including the App, you must first register and open a user account. The Privacy Policy is at your disposition, so We recommend you to know previously the types of personal and non-personal data we collect and how we use such data. When you register We will ask you to accept the General Terms of use and Conditions, and also our data Privacy Policy.

In the alternative, you can also register with your Facebook account. In that case, the registration process will be complete once you have entered the account information for your Facebook account and have clicked the “confirm” button.

How a user agreement will be concluded depends on how you first register and whether you sign up for any additional paid services.

4.2 Registration online at www.poweringoffroad.com

If you register on our website www.poweringoffroad.com or related landing pages of our property, a user agreement between you and Us will result after you have completed the registration progress.

4.3 Registration app store

If you register through the Powering Offroad App, a user agreement will result according to the rules of your app store. As a general rule, a binding contract will result at the momento you click on the “install” button in the store and you enter your password. To use the Powering Offroad Services, you must however still open a user account through the Powering Offroad App.

4.4 Conclusion of contract for paid subscription

You can activate additional services by purchases within the App. If you purchase additional services on our website www.poweringoffroad.com a binding contract will result when you click on the “Buy Now” button (or a comparable button) and you have successfully entered your payment information. If you purchase additional services through your Powering Offroad App, a subscription agreement will result when you click the “Buy Now” button durin an in-app purchase (or a comparable button), and when you have entered your password for the App Store, if required.

4.5 Correction of input errors

If you wish, you can cancel the transaction to purchase a subscription at any time. You can also correct any input errors until you have successfully input your payment information.

If you want to purchase a subscription by in-app purchase through your Powering Offroad App, you will pay for the service through the account with your app store. Therefore please contact your app store if you want to correct any input errors.

5. Contract Terms

5.1 User agreement

The user agreement between you and Us that results when you open a user account will remain in effect for an indefinite term, and will end when you delete the Powering Offroad App and terminate the user agreement.

5.2 Subscriptions

Our subscriptions have different minimum contract terms. All subscriptions will be automatically renewed for the time period of the selected minimum contract term until either you or We terminate the subscription. You may however opt out of the automatic renewal of your subscription at any time by choosing the appropriate settings in the account with your app store.

6. Right of revocation

In some countries you have a legal right of revocation. This is the case, for example, in all countries of the European Union. You can find out whether you have a legal right of revocation by referring, for example, to the terms of use of your app store. Please, refer to those terms of use to find out to what extent you have such rights. In the United States, for example, you have no right of revocation.

If you have a legal right of revocation, please read de following information about how you can exercise this right and what revocation will mean for you.

6.1 Information about revocation

If you have a legal right of revocation, this right will come into existence as soon as you enter into a user agreement or subscription agreement with Us.

You may revoke the contract within 14 days of the contract date for any or no reason, in which case the contract will be unwound.

To exercise your right of revocation, you must clearly notify Us (for example, by letter or email at info@poweringoffroad.com ) that you no longer wish to be bound by the contract. For this purpose you may (but do not have to) use the attached standard revocation form. Any clear notice will suffice. If you exercise this option, We will confirm the receipt of your notice of revocation (for example, by email). Your notice of revocation will be timely as long as you send it before the revocation period has expired. Please address any notice of revocation to the following address:

  • Powering Offroad, POWERING REAL RIDERS S.L., c/ Cerros de Navalcón 142, 28400 Collado Villalba, Madrid (Spain)
  • Contact Customer Support at: info@poweringoffroad.com

6.2 Consequences of revocation

If you revoke the contract within the period of 14 days, the contract will be unwound. You will receive a refund for any payments you have already made for the revoked contract. We will issue the refund at the last 14 days after We receive your notice of revocation. The refund will be made by the same method you used for the original transaction, unless We expressly agree otherwise with you by mutual agreement.

If you have requested that services begin during the notice period for revocation, you must compensate Us in a reasonable amount for any services you have already received. This will be a prorated amount of the total amount due for the booked service, based on the time period from the star date of service until the date you provide Us with notice of revocation.

6.3 Standard form for notice of revocation

You may use the following form for your notice of revocation.

Please be sure to always tell Us which Powering Offroad Service you wish to revoke. You can simply send Us an e-mail to Customer Support at info@poweringoffroad.com

Here is a text for your notice revocation, you can copy literally and complete the (*) in the form:

I/We (*) hereby revoke the contract for the purchase of the following product (*) / the following service (*) made by me/us (*):

Ordered / received on (*)

Name of customer (*)

Address of customer (*)

Signature of customer (*)

Date (*)

(*) please delete inapplicable alternative

7. Termination

7.1 User agreement

You may cancel your user account at any time for any or no reason and thereby also terminate your user agreement in its entirety.

To do so, you must send Us an email to Customer Support at info@poweringoffroad.com so that We can erase your user data. Please note that after your user account has been canceled all content and workout performance data will may be erased by Us and you will no longer have access to content you have already purchased.

If at the time you cancel your account you still have a valid subscription, any amount you may already have paid for the subscription will not be refunded either in whole or in part.

We have the right to terminate the user agreement for any or no reason in text form with two weeks prior notice, however not before the end of the minimum contract term or the end of the applicable renewal term of your subscription

7.2 Subscriptions

You may terminate your subscription at any time for any or no reason effective as of the end of the minimum contract term or the end of the applicable renewal term.

Subscriptions purchased by in-app purchase must be canceled by changing the appropriate setting in the app store where you bought the subscription. If your subscription fee is collected by iTunes, We ast, notwithstanding the above, that for technical reasons you comply with a notice period of 24 hours to the end of the minimum contract term or the end of the respective renewal term. After cancellation of your subscription your user account and any other subscriptions will continue unless and until you also cancel such additional subscriptions.

Current in-app subscriptions can not be terminated during the contract term.

In the alternative, you may also send Us an email to Customer Support at info@poweringoffroad.com os send Us a letter by regular mail if you purchased the subscription on the website.

We have the right to cancel any subscription at the end of the minimum contract term or the end of the applicable renewal term by providing you with 2 weeks prior notice in text form.

7.3 Termination for good cause

Irrespective of the foregoing provisions, either party has the right to terminate contract for good cause. In particular, We have the right to terminate the user agreement or your subscription with immediate effect and to cancel your user account if you have seriously or repeatedly breached provisions of the user agreement and/or these General Terms of use and Conditions, or if you are behind with payment despite demand.

8. Powering Offroad Services

You may download and use the Powering Offroad Services and also the Powering Offroad App by charge. You will receive access to your “Personal Coach” and available workouts as part of a paid subscription, depends on the product mode.

When you download, pay and use the Powering Offroad App, in particular through third-party networks or in the other countries, you probably may incur transmission charges of your Internet service provider.

We strive to provide you with uninterrupted operation of the Powering Offroad Services and to make those services available as continuously as possible. We advise you however that full or uninterrupted availability is technically impossible, and We make no warranty for uninterrupted operation or any particular availability.

Our App are continuously updated and adjusted for your security and for the stability of our applications. As a result, system requirement may change. We assume no obligation to make available to you any application (such as the Powering Offroad App) that wil be functional on your terminal device at all times, if functionality on your terminal device should be limited by technological changes.

We reserve the right to change our business model at any time and, for example, to provide any or all Powering Offroad Services only in exchange foy payment. You will then have the option to decide whether you wish to continue using the Powering Offroad Services in exchange for payment or stop using the Powering Offroad Services. Any such changes will have no effect on existing subscriptions until the end of the contract term.

Our understanding of human health and athletic performance is evolving on a continuous basis. This may affect hoy workouts are evaluates. Even though our workouts are based on current studies, years of qualified professional experienced and findings, We make no guarantee that our workouts are in conformity with current research results or findings.

Please, note that you may need certain tools or workout equipment to be able to fully use some Powering Offroad Services. Such tools or equipment are not part of the Powering Offroad Services and, if needed, must be purchased separately by you at your own cost or also by going to a qualified training centre. We are not responsible of that current need. We only give you an informative guided training tool.

9. Rights and Obligations of the user

The Powering Offroad Services are offered exclusively to consumers.

This means you may not use the Powering Offroad Services for business or other commercial purposes.

You may not allow any third parties to use your user account, and you are not permitted to:

  • use paid services simultaneously on multiple terminal devices, unless such use is expressly permitted under the terms of the offered service;
  • allow any third parties to access or perceive the Powering Offroad Services, for example, an undefined group of people by using the services in a public area (e.g., movie theaters, theaters, exhibitions, showrooms, clinics, hotels, bars, training centers, restaurants, or other public areas);
  • make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes;
  • circumvent any access control systems for paid services or take any other action to use services without authorization;
  • introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Powering Offroad Services or stole the customers data; or
  • transfer or assign any rights or obligations under your contract with Us to any third parties.

When using the Powering Offroad Services you must also comply with the terms of contracts with third parties, in particular contracts with the app store or your Internet service provider.

To guarantee smooth communication with you, We ask that you include our email address in the list of trusted senders at your email provider.

10. Prices and Payments Terms

10.1 Prices

Our prices can differ from country to country. If you decide to purchase a subscription, the price that counts for you will be shown in the Powering Offroad App or on the website. Please, check the website www.poweringoffroad.com for current prices/subscription models and for available services. All quoted prices are exclusive of applicable value-added taxes in each country.

We reserve the right to change prices at our sole discretion. Any price changes will however have no effect on subscriptions you have already purchased.

10.2 Collection of fees

Fees for subscription are collected in advance for the applicable minimum contract term when the subscription agreement is concluded. If the subscription is automatically renewed, the fee will be collected in advance at the beginning of the applicable renewal term. Different terms apply if the subscription fee is collected through iTunes. In this case, the fee will be collected already 24 hours prior to the beginning of the applicable billing period.

10.3 Payment methods

If you book paid Powering Offroad Services by in-app purchase, you will be charged by the app store. Please inquire with the app store which payment methods are available to you. If you book paid Powering Offroad Services on our website www.poweringoffroad.com , you will be shown a list of currently accepted payment methods during the ordering process from which you may choose. If payment is declined for reasons for which you are responsible, for example, because the amount paid is not covered by funds in your account or because the limit of your credit card has been exhausted, we have the right to charge you for any costs and/or expenses actually incurred by Us as a result.

We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.

10.4 Payment default

We reserve the right to pursue additional remedies that may be available to Us as a result of your payment default.

10.5 Coupon codes & promotions

To redeem your coupon either (a) apply the code to your order in your cart or (b) your code may be applied automatically in the cart. Any coupon code can not be applied to past orders retroactively, can not be used in conjunction with other discounts or coupon codes and may only be applied to one order.

We may at our absolute discretion restrict who may enter into promotions for any reason.

11. Responsibility for content and services

11.1 No responsibility for third-party content or services

The Powering Offroad Services may include links to websites or apps of third-party providers. In some cases, content made available by third parties may be shown or the Powering Offroad Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions and rules of third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.

11.2 No responsibility for user-generated content

You are personally responsible for all content you upload using the Powering Offroad Services. We do not endorse or review such content.

11.3 Responsibility of the user for violations of law

When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our Powering Offroad Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.

In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties, for example, copyrights, trademark rights, etc. In this connection, We advise you that you must also and, in particular, own the necessary rights to your profile image and to any other photos you upload or send by chat.

We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned principles, We also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause in its entirety in accordance with Section 7.3.

11.4 Indemnity

In the event that you have wrongfully (negligently or intentionally) violated any of the principles in Section 11.3, you are obligated to indemnify Us from and against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.

 

12. Warranties

12.1 Applicable law

Any claims for defective service will be governed by applicable law. Your rights as a consumer remain unaffected.

12.2 No service warranty

We make no representations or warranties that by using the chosen Powering Offroad Service you will reach your physical, sport or performance goals or achieve any other results.

The graphic estimation are only a value of your aspirational results after every workout session. It only represent a measurement of what your could become, as an aspirational and/or motivational goal. Graphics do not represent your real physical condition. We are no responsible for the bad use or interpretation of the graphics. We warn you that the skill`s graphics are not meant to be treated or understood as a medical prescription.

13. Liability

13.1 General provisions

When using Powering Offroad Services you will be shown workout instructions, for example, for certain exercises and workouts. You must follow those instructions at all times as otherwise you can put yourself at risk of injury and/or other health risks.

There is no way for us to confirm that you are following these instructions, so we can´t guarantee your safety performance.

If you use any tools or equipment for the exercices, you are fully responsible for making sure  that such tools works properly and are installed and/or set up correctly.

You are obligated to pay attention to our health advices and/or notices showing in-app, and so in Section 2.

13.2 Liability for free services

In case of use of Powering Offroad free Services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or negligent actions or omissions, or from a lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited.

Our liability for gross negligence or a lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases any responsible or liability on our part is excluded.

13.3 Liability for paid services

In case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or negligent actions or omissions, or from lack of warranted qualities.

If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the consumer, may reasonably rely on its performance.

Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations. In all other cases any liability on our part is excluded.

13.4 Liability of our employees and/or co-workers

The above limitations of liability seeing in Sections 13.2 and 13.3, also apply for the benefit of our employees, co-workers and agents.

13.5 Product liability

Any claim under the Spanish Product Liability Laws remain unaffected by the mentioned exclusions or limitations of liability.

14 Licensed Rights

14.1 Powering Offroad content

The services and products offered by Us in some cases include copyright protected or otherwise protected content. For example the Powering Offroad App is a copyright protected software program.

To the extent necessary for achieving the contractual purpose, We hereby license to you a non-exclusive, non-transferable right to use such protected content for non-commercial purposes in accordance with the terms of the contract. Note that you are prohibited from disseminating or making such content publicity available, for example, on websites. Neither the Powering Offroad App or its content may be leased or otherwise transferred to any third parties by you. You may not decompile, alter, edit or modify the app except as permitted by law.

Licensed rights will lapse if and when you no longer have access to the relevant service, for example your subscription has been terminated, or when the user agreement has ended. In the event of any violation of these provisions, We will have the right to terminate the agreement for good cause without notice, in accordance with Section 7.3.

14.2 Content uploaded by users

To ensure that the Powering Offroad Services will at all times be fully operational, We need to be able to use, at any time, at any place, and without limitation, all content upload by the user. You therefore hereby license to us, throughout the world, in perpetuity and without limitation, non-exclusive rights to all protected content that is upload by you.

We may sublicense the rights to third parties, which shall include, without limitation, the rights to reproduce, disseminate, make available or communicate to the public, and edit protected content, for example, by changing the image resolution or size for thechnical reasons. You further hereby license to Us the right to make all content uploaded by you also available to other users, provided that this is done within the scope of the contractual purpose, for example, by reporting your copyright protected messages to the coach.

15. Data Privacy Policy

We process your personal data in compliance with our Data Privacy Policy, that you will find at www.poweringoffroad.com/data-privacy-policy/ . The Data Privacy Policy regulates and discloses, in particular, to what extent your personal data will be viewable by other user and what options you have to control transfers of your personal data. In addition, We will inform you in detail how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us, you expressly consent yo the foregoing provisions. Your legal rights of revocation, in case that apply in your country, remain unaffected.

16. Changes to General Terms and Conditions

We reserve the right to make changes to these General Terms and Conditions with immediately effects for that moment to the future. We notify you of any changes, so you will have the opportunity to object to changes. If you continue use our Powering Offroad Services without objection, you will be deemed to have accepted the new General Terms and Conditions. If you express your objections, we reserve the right to terminate the agreement by regular notice.

17. Final Provisions

17.1 Official contract language

The official contract language is Spanish.

17.2 Governing substantive law

All dealings between the parties are governed exclusively by Spanish law, under exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Online business transactions with residing European consumers, may also be subject to the law that is applicable at the place of the consumer´s residence, if and to the extent that mandatory consumer protection provisions are involved.

17.3 Venue and Jurisdiction

If there is no court in Spain or another EU country where venue and jurisdiction is proper based on your residence or corporate domicile, or if you relocate your permanent place of residence to another country outside the EU after the effective date of these General Terms and Conditions, or if your place of residence is unknown at the time legal action is filed, exclusive venue and jurisdiction for any an all disputes arising from this agreement will be in the courts at the place of our registered office.

17.4 Severability

If any provisions of sense General Terms and Conditions should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby. The foregoing provisions apply if any provisions should have been inadvertently omitted from these General Terms and Conditions.

18. Mediation Dispute Resolution

The European Commission make available a platform for online dispute resolution. You, as a user and consumer, can access the ODR platform at www.ec.europa.eu/consumers/odr . We have no obligation to participate in any mediation proceedings before any consumer mediation board or in any dispute resolution of the EU ODR, or do We intend to do so.

19. Contact information about provider

Powering Real Riders S.L.,

Cerros de Navalcón, 142 Collado Villalba (28400)

Madrid, Spain.

E-mail: Customer Support

Managing directors: Andrea Mañas.

Recorded in the Commercial Register

CIF: B88224795

Legal administrator company: Pachi Guzmán.

VAT ID: _________

For all request concerning the Terms of use and Conditions, or the Security of your Data you can contact us at info@poweringoffroad.com .

Please note that communications by email can always be flawed by security gaps. Therefore, if you have a particularly sensitive request, please contact us by postal mail.

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