Terms of Service
Last Updated: December 2024
Effective Date: December 2024
1. Acceptance of Terms
By accessing and using the services provided by nextoracls B.V. ("nextoracls," "we," "our," or "us"), including our website at nextoracls.top and our fitness center facilities located at Dorpsstraat 96, 4883 IC Breda, Netherlands, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services or facilities.
2. Description of Services
nextoracls operates a fitness center providing various services including but not limited to gym equipment access, personal training, group fitness classes, nutrition guidance, and wellness programs. We also provide an informational website and online booking system for our members and prospective clients.
3. Membership and Registration
To access our fitness center services, you must register for a membership and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4. User Obligations and Conduct
As a member or user of nextoracls services, you agree to: follow all facility rules and safety guidelines, treat staff and other members with respect, use equipment properly and safely, maintain appropriate hygiene and dress code standards, not engage in disruptive or inappropriate behavior, and comply with all applicable laws and regulations while on our premises or using our services.
5. Health and Safety
You acknowledge that physical exercise and fitness activities involve inherent risks. You participate in all activities at your own risk and are responsible for ensuring you are physically capable of participating safely. We recommend consulting with a healthcare provider before beginning any exercise program. You must inform our staff of any medical conditions or limitations that may affect your ability to exercise safely.
6. Payment Terms
Membership fees and service charges are due in advance and are non-refundable unless otherwise specified. We accept various payment methods as indicated at the time of purchase. Late payment may result in suspension of membership privileges. All prices are in Euros and include applicable VAT where required.
7. Cancellation and Refund Policy
Membership cancellation must be provided in writing with appropriate notice as specified in your membership agreement. Refunds are generally not provided for unused portions of membership fees, except as required by law or in exceptional circumstances at our discretion. Personal training sessions may be cancelled with 24-hour notice without penalty.
8. Intellectual Property
All content on the nextoracls website and materials used in our services, including but not limited to text, graphics, logos, images, software, and workout programs, are the property of nextoracls or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content without our express written permission.
9. 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 the collection and use of your information as described in our Privacy Policy.
10. Limitation of Liability
To the fullest extent permitted by law, nextoracls shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from your use of our services. Our total liability to you for any claim arising from or relating to these Terms or our services shall not exceed the amount you paid for the specific service giving rise to the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless nextoracls, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of another party.
12. Termination
We reserve the right to terminate or suspend your membership and access to our services at any time, with or without cause, and with or without notice, for conduct that we believe violates these Terms or is harmful to other users, our business, or third parties. Upon termination, your right to use our services will cease immediately.
13. Force Majeure
nextoracls shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar causes beyond our reasonable control.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where appropriate, by email. Your continued use of our services after such changes constitutes acceptance of the updated Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
17. Contact Information
If you have any questions about these Terms of Service, please contact us:
nextoracls B.V.
Dorpsstraat 96
4883 IC Breda
North Brabant, Netherlands
Email: legal@nextoracls.top
Phone: +31 109752611
Registration Number: 74261890
VAT Number: NL861903742B01
These Terms of Service constitute the entire agreement between you and nextoracls regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.