Terms and conditions

1. Introduction
   • I am Desiree Andersen. I provide online coaching including training programs, ongoing coaching and other related services (“Services”).
   • When you purchase the Services, these Terms and Conditions (“Terms”) will apply, and by using the Services, you accept these Terms as Ill as the Privacy Policy.
   • I will provide the Services through my website, app, or other third-party platforms such as the Boon platform (jointly referred to as the “Platforms”). The Platforms serve as the technical solution only, and I shall not in any way be held liable for the contractual delivery of Services from Me to you.
   • You can contact Me by email desiree@fitfocus.no.
   • I will contact you by the contact information provided to Me when you signed up for the Services through my Platforms.
2. The Services
   • Your order has been accepted when you have received an email with the order confirmation.
   • The Services as such are developed and provided by Me. I am responsible for all content and related services to you such as installation and support of the Services to you.
   • The Services can be used only by persons over the age 18.
   • If you are under the age of 18, you may use the Services provided that your parents or guardian have provided their acceptance. The parent or guardian will be legally responsible for your use of the Services and will be liable for all payments associated with the use of the Services.
3. Payment
   • You shall pay the fees as set out in the individual order.
   • The prices of the Services are incl. VAT. The price is charged once the order has been completed on the website.
   • The following payment methods are accepted: Visa, Mastercard, and most common debit and credit cards.
   • I am responsible for the correct VAT treatment of the payment.
4. Updates and changes to the Services
   • I reserve the right to adjust these Terms from time to time. If any changes are implemented, an updated version of the Terms will be available on the Platforms. Therefore, it is recommended that you regularly stay informed of the current Terms.
   • I recommend that you always accept updates to the Services and the Platform, as the Services and the Platform have the optimal functionality based on the recommended updates. If you reject such updates, you may not be able to continue using the Services or the Platform or the functionality may be reduced.
   • Any feedback, comment, or suggestion you provide to the Services are welcome. However, I am not obligated to accept any such input.
5. Intellectual property rights
   • All intellectual property rights (“IPR”) associated with the Services remains the sole property of Me.
   • For the avoidance of doubt, these Terms gives you a personal, non-transferable, and non-exclusive right to use the Services. The Services are provided to you as an end-user and intended for your own personal use. You do not obtain any intellectual property rights to the Services and are not allowed to make any further commercial use of the Services.
   • Nothing in these Terms entitles you to use our name or any of our trademarks, logos, domain names, other distinctive trademark characteristics and other property rights.
   • If any third-party claims that the Services or the use of the Services in accordance with these Terms infringement their IPR, I am responsible for investigation and defending this claim.
   • You are responsible for always making sure that your use of the Services and Platforms shall not infringe our intellectual property rights or those of any third party.
6. Limitations
   • You are accepting that you will not (i) sublicense or otherwise transfer or make the Services available to any third parties, (ii) copy the Services expect in situations where it is necessary e.g., for back-up purpose, (iii) combine or incorporate the Services into or with other applications or programs, (iv) translate, merge, adapt, vary, alter or modify any part of the Services or Platforms, and (v) disassemble de-compile, reverse engineer or creative derivative work based on any part or the whole part of the Services, nor attempt to do such things.
   • You are accepting that you will not (i) use the Services in any unlawful manner, for any unlawful purposes, or in any manner that is in breach with these Terms, (ii) act fraudulently or maliciously, (iii) access, use, distribute or transmit, malicious code, such as viruses, or harmful data, into the Services or Platforms or any related operating system, (iv) transmit any material that is defamatory, discriminatory, threatening, improper, sexually explicit, offensive or otherwise reprehensible in relation to your use of the Services or Platforms, (v) use the Services in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users, or (vi) collect or gather any information or data form any of the Services or Platforms or attempt to decrypt any transmissions to or from the servers running any of the Services.
7. Your responsibility
   • You are entitled to notify Me of any changes of contact details/payment information, including change of name, address, email address, phone number, account number and any other relevant information. Such notification is to be given without undue delay.
   • You can assess the Services by the Me through the Platform. You must not give any other physical or legal persons access to your account on the Platform by sharing your login details etc.
   • Allowing other the access to the Platform by using your login details is a breach of these Terms and may result in termination of your use of the Services.
   • You are responsible for canceling your membership in the app.
8. Liability
   • Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory.
   • In case of our failure to comply with these Terms, I am responsible for any loss or damage you may suffer that is a foreseeable result of our breaching these Terms or our failure to use reasonable skill and care to prevent such loss or damage. Loss or damage is considered foreseeable if both you and I knew it might occur or it is obvious that it will occur at the time you accepted these Terms.
   • The Services and Platforms are for private use only. I have no liability to you for any indirect losses or consequential damages, loss of profit, loss of business, loss of expected savings, business interruption, or loss of business opportunities if you use our Services for a commercial, business or for resale purposes.
   • Our Services is not developed to meet every need from you. I provide personal training, diet plans and coaching, which you acknowledge that your use of these Services is at your own risk. You should consult your doctor or healthcare professional if you are concerned about these Services and your health in general.
   • I make no guarantees or warranties, whether direct or implicit, that our information through the Services and Platforms are correct, complete or up to date. However, I make reasonable efforts to update the information provided.
   • I recommend that you back up everything, including content and data used in connection with the Platforms to make sure you are protected in case of any problems with our Services through the Platforms.
   • In case of delayed delivery of our Services due to an event beyond our control, I cannot be hold responsible. However, I will contact you as soon as possible to inform you and I will take active steps to minimize the extent of the delay. Please contact Me to discuss your potential rights regarding a premature termination of the contract and receive reimbursement for all services you have paid for but not received.
   • To the maximum extent permitted by applicable law, our total cumulative liability to you under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received from you during the 12 months preceding the claim giving rise to such liability.
9. Termination and cancellations
   • Any purchase is legal binding save for any mandatory right to withdraw from purchases. The purchase is binding regardless of the extent to which you are making use of the Services.
   • As soon as you have accessed the Services, you are no longer covered by the right to withdraw your order to the Services under the Danish Consumer Contracts Act, section 18 (2) (3).
   • If you have not accessed the Services yet, your 14 (fourteen) days right to withdraw under the Danish Consumer Contracts Act still applies.

   • You may choose to end your subscription with at least 1 month’s notice. If you choose to do so, then the termination will be effective on the last day of the following billing period. There is furthermore a commitment period during the first 3 months for Boost Løpegleden and 4 months for Halv Maraton, during which the subscription cannot be terminated.

   • I have the right to block you for a certain period of time in case of a suspected misuse or breach of these Terms or to terminate your use of the Services with immediate effect if you are in material breach of these Terms. A material breach includes among others:
     • Failure to fulfil your payment obligations as set out in section 3.
     • Breaches of your obligations in accordance with section 7.
10. Processing of personal data and marketing
    • Your personal data is used to the sole purpose of the Service and as described in the Privacy Policy.
    • Provided that you have accepted to receive electronic communications from Me, I may send you news, offers, campaigns, etc. from the Me and the business partners of Me. Such communication may take place through email, SMS, application notifications, social medias etc. The business partners of Me may vary from time to time.
    • You may always notify Me that you are withdrawing your acceptance. Please note that withdrawal of the acceptance may affect the ability of Me to provide you with the full benefit of the Services.
    • You marketing preferences based on your consent can be managed via the settings on your account.
    • You cannot refuse to receive communication concerning changes to the Services or other important messages associated with the Services.
11. Applicable law and jurisdiction
    • Purchase of the Services is governed by Danish law.
    • Dispute between you and Me are to be resolved amicably.
    • If this is not possible, the dispute must be decided by the City Court of Copenhagen as court of first instance unless mandatory regulation requires otherwise.

Last updated June 27, 2023.