Terms & Conditions
Hoge Naarderweg 225,
1217 DG Hilversum
Chamber of Commerce registration number: 85151750
VAT number: NL863527644B01
Terms & conditions Renewmyday
The following Terms & Conditions contain the terms and conditions on which we supply contents, products or services listed on www.renewmyday.com (the “Website”) and/or the Renewmyday app or other delivery methods to you. The content, products and services we offer, are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Renewmyday.
Please read these Terms & Conditions, carefully before ordering any Products from the Website.
1. INTERPRETATION AND VARIATION
In the Terms & Conditions the following definitions apply:
“Renewmyday,” “us” or “we” refers to Renewmyday.com and Renewmyday B.V.
“Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets.
“Renewer“ or “you” refers to the user of the Products.
1.2 When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these terms and agree to abide by them. If you do not agree to these Terms, please refrain from using the Products
2.1 Becoming a Renewer
(a) You may sign up as a registered user of the Products free of charge (a “Renewer”). To become a Renewer you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one account.
(b)In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Renewmyday Privacy and Cookie Statement. You acknowledge and agree that you are solely responsible for the accuracy and content of user Information, and you agree to keep it up to date.
(c) By registering for a Renewmyday account, the Products, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) You are 18 years of age or older; (iii) All registration information you submit is truthful and accurate; (iv) You will maintain the accuracy of such information; and (v) Your use of the Products does not violate any applicable law or regulation.
2.2 Once a Renewer
You are responsible for maintaining the confidentiality of your account, password and other user Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 Use of Renewmyday by minors
You must be 18 years of age, to sign up as a registered user of the Products. Individuals under the age of 18, may view the audio-visual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.
As a Renewer you will receive access to certain sections, features and functions of the Products that are not available to others.
By agreeing to become a Renewer you may receive occasional special offers, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Renewmyday commercial emails by following the opt-out instruction in these emails.
Renewmyday membership accounts and Subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or Subscriptions in any way or under any circumstance. This expressly applies to any discounted, or free accounts or Subscriptions.
a) Renewmyday account holders may access the Products in any of the following three following Subscriptions:
• (i) Free-trial: a free-of-charge Subscription, which gives unlimited access to 7 or 14 days of our Products;
• (ii) Paid Subscription: a fee-based subscription, which gives unlimited access to our Products;
• (iii) Business Subscription: a corporate fee-based subscription, where company employees are granted access to our Products by their employer.
(b) You may access Renewmyday via a monthly or annual Subscription option. For the purposes of our monthly and yearly Subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
(c) Our “Monthly” Subscription is paid in monthly instalments. For each month that your monthly Subscription is active, you acknowledge and agree that Renewmyday is authorized to charge the same account or credit card as was used for the initial subscription fee or other payment method as set forth above (the “Payment Method”). The monthly extension subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your Subscription before it extends in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(d) Our “Yearly” Subscription is paid for by an upfront payment with automatic annual extension. You acknowledge and agree that Renewmyday is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted extended subscription fee(s). You must cancel your Subscription before it extends in order to avoid billing of the extended subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
(e) You agree to promptly notify Renewmyday of any changes to the Payment Method you provided while any Subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscriptions purchased by you.
(f) In the course of your use of the Products, Renewmyday and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your Subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Renewmyday and Renewmyday's third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
(g) Our obligation to provide the Products only comes into being when we take receipt of your Order by having received your (first) payment. We shall confirm your Order and send you an email to confirm your access to the Products purchased. Please quote the Order number in all subsequent correspondence with us. All prices include local taxes, unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Renewmyday for commercial purposes.
2.6 Device requirements
To enjoy Renewmyday via your smartphone or other Device, your Device must run a recent browser. In case of the availability of our app, we will list operating system requirements on our website and / or app stores.
“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Renewmyday gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Renewmyday will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Renewmyday is not responsible if a Gift Subscription is lost, stolen or used without permission.
2.8 Corporate and other consumer communities
Renewmyday allows communities, corporations, hospitals and universities to purchase and introduce the Products to their employees, customers & members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Renewmyday access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
2.9 Changing fees and charges
We reserve the right to change our subscription plans or Products and/or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
If you do not wish to accept a change proposed by us to pay an increase in any subscription fees you may cancel your Subscription before the next subscription fee payment is due.
3.1 Cancellation by you
You may cancel a Subscription at any time. Cancellation is effective at the end of the applicable subscription period. You can change and cancel your subscription period in the My Profile section on our website.
3.2 Cancellation by us
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products or any breach of the Renewmyday Privacy and Cookie Statement or any other unlawful behaviour.
3.3 Promotion and discount codes
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to Business or other Community Subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the Subscription, and any extensions will be charged at the non-discounted rate for the type of Subscription purchased.
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
4.3 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Renewmyday.
5. FITNESS AND HEALTH
5.1 Renewers are advised not to undertake strenuous physical activities without first seeking medical advice if they have concerns over their physical condition. Renewmyday reserves the right to refuse access to any Renewer if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of the Products.
5.2 Renewers with the following conditions should consult a doctor: low/high blood pressure and cardiac irregularities. If there is any doubt, you should consult your doctor. Renewers must notify Renewmyday of any circumstances affecting their health that may be exacerbated through continued use of the Products.
5.3 Renewers are required to follow any applicable instructions of Renewmyday at all times.
6. LIMITATION OF LIABILITY
6.1 Renewmyday is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition.
6.2 Renewmyday cannot be held responsible for any Product not being available for whatever reason. Renewmyday reserves the right to make alterations to the types of Products, without notice and at its absolute discretion. Renewmyday shall not be liable for any loss occasioned by such alterations except in so far as loss is by law incapable of exclusion.
6.3 It is the Renewer’s responsibility to ensure that they are capable of undergoing a routine or exercise provided on the Website or otherwise making use of any of the Products. Renewers accept the risk of injury from performing exercises and are advised to consult their doctor prior to beginning any program or using any Product in case of concerns over their physical condition. Renewmyday accepts no liability for loss or damage to property or injury of Renewers by the use of the Products. Members except in so far as such loss, damage, or injury is by law incapable of exclusion.
Information published on the Website is provided for the use of Renewers and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Please be aware that Renewmyday may alter the information on its Website from time to time. Renewmyday shall have no liability arising from the use by any party of the information on the Website. Renewmyday does not warrant the information on its Website in any way and in particular no warranty is given that the Website or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. Renewmyday excludes all liability for contamination or damage caused by any virus or electronic transmission.
Your personally identifiable information is kept secure. Please see our Privacy and Cookie Statement for further information.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 All Renewmyday Products and materials (including all video, audio and other content) are under copyright or any other intellectual property right protection of Renewmyday and cannot be reproduced, copied or otherwise used by you without permission of Renewmyday and/or the author or possible third-party intellectual property owner. Failure to comply may result in legal action and or Renewmyday may decide to end the Subscription.
9.2 You agree and acknowledge that the materials (including software and content whether downloadable or not) are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
(b) You acknowledge and agree that certain materials on or in the Products are the property of third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions against you.
(c) Audio or video content from Renewmyday not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Instagram, Twitter, etc.). With respect to content made available by Renewmyday through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Renewmyday grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Europe, other countries and may be subject to liability for such unauthorized use. Renewmyday will enforce its intellectual property rights to the fullest extent of the law.
Renewmyday®, Renewmyday and all other Renewmyday product or service marks are trademarks of Renewmyday. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited.
11. AVAILABILITY OF PRODUCTS
11.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
11.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing firstname.lastname@example.org
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1 In case of complaints, please send an e-mail to email@example.com. In case we cannot solve the issue together, we will appoint a certified third-party mediator, who will report back within 4 weeks with a ruling. The costs for this procedure will be equally shared by both parties.
12.2 After sharing your complaint with us through email, you will receive an answer by email within 2 weeks. The complaint will be handled and solved within a maximum of 60 days from first contact, if within 60 days the issue is not solved, another 60-day extension to solve the issue applies. In case resolving and the processing the complaint takes longer than the initial 60 days, you will be notified before the end of the 60 days on the status, and a new estimate will be given on why it is taking longer and a new estimate of date of finalising the complaint will be provided.
12.3 The complaint will be handled with care and protection of privacy of the complaining party. Also, the complaint will be archived and stays retrievable for a period of 1 year from the first contact.
12.4 The Terms & Conditions shall be governed by the laws of The Netherlands.
13. GENERAL GUIDELINES
13.1 Renewers are required to give written notice to us of any change of address, email or contact number. Failing such notice, all communications shall be assumed to have been received by you within 5 days of mailing to the last address notified to Renewmyday.
13.2 Renewmyday may, if a Renewer so wishes, communicate with the Renewer by email, via our Renewmyday app and/or via WhatsApp. By providing an email address to us you consent to receiving email communications from us, including notices pursuant to the Terms & Conditions. You also accept any risk that email may not be a fully secure and confidential means of communication. Renewmyday will not be liable for any loss or damage suffered as a result of communicating with a Renewer in this manner.