Terms of Service
Last updated: December 2024
Acceptance of Terms
By accessing or using the services provided by uncereyaza B.V. ("uncereyaza," "we," "our," or "us"), including our gym facilities, café services, and website, you ("Member," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you and uncereyaza B.V., a company registered in the Netherlands (Registration Number: C62025632, VAT Number: NL631520528B01), located at Beukenlaan 286, 3042 HA Rotterdam, South Holland, Netherlands.
Description of Services
uncereyaza operates a hybrid gym and café facility offering:
- Gym and fitness facilities including equipment, group classes, and personal training
- Café services including food, beverages, and nutrition products
- Wellness programs and community events
- Online services and digital platforms
- Additional services as may be offered from time to time
Membership and Access
Access to uncereyaza facilities requires a valid membership or day pass. By becoming a member, you agree to:
- Provide accurate and complete information during registration
- Maintain current contact and payment information
- Use facilities only during designated operating hours
- Follow all facility rules and staff instructions
- Respect other members and staff at all times
Membership fees are due according to your chosen payment schedule. We reserve the right to suspend or terminate access for non-payment or violation of these Terms.
Facility Rules and Conduct
To ensure a safe and enjoyable environment for all, you agree to:
- Follow all posted rules and safety guidelines
- Use equipment properly and return it to designated areas
- Maintain appropriate hygiene and attire
- Refrain from disruptive, aggressive, or inappropriate behavior
- Not bring unauthorized guests or allow others to use your membership
- Report any injuries, incidents, or equipment issues immediately
- Respect the privacy of other members (no photography/recording without consent)
Health and Safety
Your health and safety are important to us. By using our facilities, you acknowledge that:
- Physical exercise involves inherent risks
- You are physically capable of participating in fitness activities
- You will consult healthcare providers before beginning any new exercise program
- You will immediately discontinue activity if you feel unwell or experience discomfort
- You are responsible for your own safety and well-being
We recommend all members complete a health screening and consult with our qualified staff before beginning any fitness program.
Payment and Billing
Payment terms for membership and services are as follows:
- Membership fees are charged according to your selected plan
- Payments are processed automatically using your chosen payment method
- Additional services (personal training, café purchases) are charged separately
- All prices include applicable VAT as required by Dutch law
- Fees are non-refundable except as required by law
- We reserve the right to modify pricing with 30 days' notice
Cancellation and Termination
You may cancel your membership according to the following terms:
- Monthly memberships require 30 days' written notice
- Annual memberships may be cancelled with appropriate notice as per your agreement
- Cancellation must be submitted in writing or through your member portal
- You remain responsible for all charges incurred before cancellation
uncereyaza reserves the right to terminate memberships immediately for:
- Violation of facility rules or these Terms
- Non-payment of fees
- Behavior that endangers others or disrupts operations
- Fraudulent activity or misuse of membership
Intellectual Property
All content, materials, and intellectual property associated with uncereyaza, including but not limited to our name, logo, website content, training programs, and proprietary methods, are owned by uncereyaza B.V. or our licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from our intellectual property without explicit written permission. Your membership grants you a limited, non-exclusive license to use our services for personal, non-commercial purposes only.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in our Privacy Policy.
Limitation of Liability
To the fullest extent permitted by law, uncereyaza B.V., its directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services, including but not limited to:
- Personal injury or property damage
- Loss of profits or business interruption
- Theft or damage to personal belongings
- Service interruptions or technical issues
- Errors in information or advice provided
Our total liability for any claim shall not exceed the amount you paid for services in the 12 months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.
Indemnification
You agree to indemnify, defend, and hold harmless uncereyaza B.V., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of our services or facilities
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Any negligent or wrongful conduct on your part
Force Majeure
uncereyaza shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, labor disputes, or technical failures.
Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on our website and notifying members via email or other communication methods. Continued use of our services after such notice constitutes acceptance of the modified Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or related to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
For EU residents, you may also have the right to bring proceedings in the courts of your country of residence in accordance with applicable EU regulations.
Severability
If any provision of these Terms is found to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements you may have with uncereyaza, constitute the entire agreement between you and uncereyaza regarding your use of our services and supersede all prior agreements and understandings.
Contact Information
If you have any questions about these Terms of Service, please contact us:
uncereyaza B.V.
Beukenlaan 286
3042 HA Rotterdam, South Holland
Netherlands
Email: legal@uncereyaza.top
Phone: +31 40 580 9270
Business Hours: Monday - Friday, 9:00 AM - 8:00 PM