This site and the mobile applications and services available in connection with this site (the “Site”) are made available to you by Tacx B.V. (“Tacx”) subject to these terms of use, including those set forth in the Tacx Privacy Policy.
These Terms of Use apply to every use of the Site. By using the Site you are indicating your agreement to comply with these Terms of Use.
Tacx' General Terms and Conditions are fully applicable to these Terms of Use. You can find these on the following website:
https://tacx.com/terms-and-conditions/
By using the Site you agree that Tacx' General Terms and Conditions apply. In instances where stipulations in Tacx 's General Terms and Conditions are at odds with these Terms of Use, these Terms of Use take precedence.
In these Terms of Use "information" is understood to mean: everything that is sent (uploaded) to the Site. The Site is owned and operated by: Tacx B.V., Rijksstraatweg 52, 2241 BW in Wassenaar, email address: info@tacx.nl
At all times, your dealings with the Site as well as the users of the Site shall be in accordance with the applicable legislation, these Terms of Use, the conditions of the subscription to Tacx Cloud and shall be in accordance with acceptable social conventions. This means that, among other things (but not exclusively), you shall not:
You grant the Site an irrevocable, global, transferable (be it by sub-licences or otherwise) and non-exclusive licence to duplicate, publish and process all information that you upload without requiring any compensation; this is for internal use within Tacx, marketing activities, as well as to enable the Site to operate its (existing and future) services as well as possible.
If you act in contravention of these Terms of Use, or act in any other unlawful manner, you indemnify the Site from all liability and damage, and in addition the Site reserves the right to terminate your use of the Site, meaning you will no longer have access to the data and information, including your account, on the Site. When doing so, Tacx Cloud is not required to observe any period of notice nor is Tacx Cloud obliged to pay you any compensation for doing so.
You accept that Tacx Cloud may, from time to time, amend its services without giving you prior notification, without you holding Tacx Cloud liable.
You accept that Tacx Cloud (partially or fully) suspends its services (temporarily or permanently), for instance (but not limited to) in connection with maintenance or improving its services, without giving you prior notification, without you holding Tacx Cloud liable.
Tacx Cloud does not bear liability for the (consequences of) third-party use of your account, login codes, password, etc. You are responsible for ensuring that your account is not used by third parties and that your login codes and passwords remain secret. Moreover, you bear full responsibility for all activities that are undertaken by virtue of your account/profile and you indemnify Tacx Cloud in respect of all consequences arising from those activities. If your account is used without your permission you should notify Tacx Cloud as quickly as possible.
Tacx Cloud is not responsible for the data that is sent by the users and that is made public. Tacx Cloud acts as a conduit and in principle does not check the content of the data and information that is sent to it, but expressly reserves the right to delete information if Tacx Cloud becomes aware of an unlawful, etc. situation or a situation which is, or can reasonably be assumed to be, in contravention of these Terms of Use.
Tacx Cloud is in no way at all liable to you or other individuals in respect of your use of Tacx Cloud. This means that, among (but not limited to) other things, Tacx Cloud explicitly bears no liability for loss of information and therefore bears no liability if this loss results in loss on your part in any shape or form whatsoever. In the event of loss of information, Tacx Cloud is not obliged to make any efforts to rectify this loss (as far as possible). Tacx Cloud recommends that you take measures to back up your own information.
In addition, Tacx Cloud makes every effort to provide its services as well and as safely as possible and employs a suitable level of security. However, Tacx Cloud does not and cannot guarantee that third parties are unable to breach any security measures employed by Tacx Cloud and in doing so that third parties obtain access to your information and could use this information in the broadest sense of the word, even though you have not granted permission for this. Tacx Cloud therefore bears no liability for this type of situation.
Tacx Cloud reserves the right to release your information to third parties without your permission in situations where it is ordered to do so by the courts or where Tacx Cloud considers this to be reasonable in connection with contravention of these Terms of Use, (possible) infringement of the rights of parties other than yourself, illegal and/or unfair practices, and if this release could reasonably contribute to preventing or stopping this type of situation and/or contribute to the punishment or holding liable of the individual who sent this information.
Tacx Cloud reserves the right to unilaterally amend these Terms of Use at any time. Then, if they are amended, the amended Terms of Use will apply from no later than the effective date that Tacx Cloud publishes on the Tacx Cloud website. The amended Terms of Use will apply from that time onwards. If you do not agree to the amended Terms of Use you should inform Tacx Cloud as soon as possible, but no later than 14 days after the date on which they come into effect, after which your membership of Tacx Cloud will be terminated as per the date of that notification.