Terms & conditions
We are DAKCONSTRUCT BVBA, acting under THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC, Dikberd 28, 2200 Herentals, Belgium, with Registration number BE 0883.648.620.
By using this Website, thebalanceclubbylk.com (the Site), you agree to the Terms and Conditions (“Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions regularly for changes.
By using this Website after we post any changes to these Terms & Conditions, you agree to accept all changes. If you do not agree to these Terms & Conditions, you should not use this Website. The most recent and up to date version of this agreement is always applicable.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS of this website, PLEASE DO NOT USE THE SITE.
These terms and conditions always take precedence over terms and conditions of the Customer, unless otherwise agreed in writing.
In these terms and conditions, the following definitions apply:
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- OFFER: every offer and quotation issued by The Balance Club or The Balance Club by LK or TBC, either on our website, on social media (Facebook, Instagram, TikTok, Youtube, Pinterest, and others…) or via email.
- SERVICE: the services that we offer and that the customer receives from us.
- SERVICE PROVIDER: The Balance Club or The Balance Club by LK or TBC.
- COMMENCEMENT DATE: the agreement starts on the day that the customer registers for a membership, on the day of signing of the agreement, or when purchasing a product or service.
- CUSTOMER: The consumer, client, private or public person that enters into an agreement with us and in doing so accepts the terms and conditions.
- AGREEMENT: the agreement between a customer and us.
- PRODUCTS: the online offers, like workshops, memberships, online courses, videos and the products that we sell on our website.
- WRITTEN: the written communication like emails or registered mail if necessary.
- WEBSITES: www.thebalanceclubbylk.com
DISCLAIMER
This disclaimer is a part of the Terms & Conditions of The Balance Club by LK. Therefore, if you agree with the Terms & Conditions, you agree with this disclaimer.
You should consult your physician or other healthcare professional before starting this or any other fitness program. Do NOT start this fitness program if your physician or healthcare provider advises against it. The Service Provider will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Participating in any form of exercise is performed entirely at your own risk. When participating in any exercise or exercise class, there is the possibility of injury whether physical or mental. If you engage in any The Balance Club by LK/TBC/The Balance Club exercises or videos/classes, you agree that you do so off your own will i.e. voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge The Service Provider, or any person or entity involved with The Balance Club by LK/TBC/The Balance Club from any and all losses, liabilities, injuries or damages resulting from any and all claims. If you experience faintness, dizziness, pain or shortness of breath at any time while doing these exercises, you should stop immediately. The instruction presented on this website, videos and text is in no way intended as a substitute for medical advice or counseling.
This site offers health, fitness and nutritional information and is designed for entertainment purposes only. You should not rely on this information as a substitute for medical advice, diagnosis or treatment. The information on this site does not replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a medical professional or other health-care professional. The use of any information provided including exercises/videos/classes on this site are solely at your own risk.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC implements the assignment to the best of their abilities and insight. THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is not liable for not achieving the result or goal that the Customer envisaged. The envisaged result is always dependent on the effort of the Customer.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC will always make every effort to act to the best of their ability and insight and according to the requirements of good craftsmanship. The Customer acknowledges that The Service Provider only has a commitment on a ‘best efforts’ basis, not an obligation to achieve results.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC has the right to engage third parties for the implementation of the agreement. THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC has selected said third parties with the utmost care in order to achieve a good quality of service.
RELATIONS WITH THIRD PARTIES
As far as THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is dependent upon cooperation, services and deliveries from third parties, THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC cannot be held liable for damage arising out of these relationships or the dissolution of it. The Service Provider cannot be held liable for any shortcomings on the part of a third party.
ACCOUNT
By creating an account, viewing videos, making a purchase, downloading THE BALANCE CLUB by LK-branded applications, or otherwise visiting or using the Site, The Customer accepts these Terms & Conditions and consents to contract with us electronically.
The Customer must create an account to use the Site and Services by providing an email address. By creating an account, you agree to receive notices from The Balance Club by LK and our third-party affiliates (i.e., Vimeo and Shopify, etc…) at this email address. The Customer is responsible for the accuracy, the exhaustiveness, and the reliability of the information provided, even if it is provided by third parties. THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC will treat this information confidentially.
The Customer may terminate the Agreement at any time by deleting his account. We reserve the right to suspend or terminate The Customers’ account for his breach of the terms hereof. If The Balance Club by LK deletes The Customers’ account for breach, The Customer may not re-register. When the Customer acts in a way that does not comply with these terms and conditions or in a way that is unlawful or damaging to THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC, The Service Provider is entitled to denying the Customer access to the account without being obliged to pay any compensation.
Account Security: The Customer is responsible for all activity that occurs under his account, including unauthorized activity. The Customer must safeguard the confidentiality of his account credentials.
By creating an account, The Customer agrees that The Balance Club by LK will have access to his account information and account activities, such as the viewing and purchase of the Services, and his contact information. The Balance Club by LK is not responsible for any third-party use or disclosure of his data.
Access to the user account is always intended for personal use only. Access to the account, account information and login details cannot be shared with third parties. In the case of a suspicion on the part of the Service Provider that the account information has been shared with third parties, the access to the account will be suspended indefinitely, without any obligation on the part of THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC to pay a compensation of any kind or amount.
The Customer acknowledges that THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC can share certain information (more specifically, but not limited to: wins, fails, photographs, etc.) on their social media channels. The Customer needs to explicitly communicate their wish for the Service Provider to not publish certain information.
DATA PROCESSING
By accepting an offer, the Customer declares to agree with the processing of their personal data consistent with THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC’s Privacy Policy. These terms and conditions are to be read in combination with the Privacy Policy that is accessible on the Site.
By creating an account, the Customer accepts these terms and conditions without reservation. Furthermore, THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC needs to process personal data to be able to create said account and to draw up certain documents. More detailed information is in our Privacy Policy.
The Service Provider processes personal data of contacts provided by the Customer in the context of their services. The contact information of these people may be processed in the context of customer administration, for marketing purposes, and for implementing the agreement between the Customer and the Service Provider.
If you have any questions or concerns regarding your account, please contact us at info@thebalanceclubbylk.com.
BILLING / RENEWAL/ CANCELLATION
All paid subscriptions, memberships and/or purchases on thebalanceclubbylk.com automatically renew at the end of their terms. The subscription renewal date will always be the day immediately following the end date of The Customers’ current subscription period. The Customers’ payment method will be charged at the beginning of each subscription period. If The Balance Club by LK offers a free-trial period, The Customers’ payment method will be charged at the end of the free-trial unless The Customer cancels before the end of that period. If The Customer wishes to cancel his account, he can do so at any time. Once The Customers’ account has been canceled, he will continue to have access to The Balance Club by LK platform throughout the end of his current billing period. All payments – including recurring charges- are final and non-refundable and there are no credits for partially used periods.
Upon purchasing the membership or trajectory or any other service, the Customer agrees that the membership or trajectory or any other service from The Service Provider is to be paid in full, even if the Customer wishes to end the membership or trajectory during the foreseen duration. When the Customer opts to cancel the trajectory, he has no right whatsoever to a reimbursement of any kind.
If the Customer does not pay on time, THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is entitled to end the Service until the amount due has been paid. The obligation to pay loses none of its force in this situation.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC always has the right to alter pricing and or conditions. The price that was communicated on the moment that the Customer accepts the product or service and, in other words, purchases it, is the applicable price.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC cannot be held to their offer if the customer can reasonably understand that the offer, or a part of it, contains an obvious or a clerical error, such as an unrealistically high discount or an unusually low asking price.
Upon accepting the offer for the delivery of a service or a product, the Customer agrees that the agreement is immediately acted upon and fulfilled. The Customer-consumer wavers their right to withdraw (if it were applicable) and accepts the loss of the right of withdrawal by purchasing a membership or any other service from The Service Provider.
RIGHT TO WITHDRAW
The Customer has the right to withdraw from purchasing purchased physical products within a period of 14 calendar days. The cooling-off period of 14 calendar days starts on the day when the Customer, or a designated third party, receives the confirmation email.
Exceptions: The right to withdraw does NOT apply to online courses, MEMBERSHIPS or other services by The Balance Club by LK/TBC/The Balance Club. The dissolution of digital content, not delivered on a physical carrier, is impossible when the Customer, prior to delivery, explicitly agreed to the start of the fulfilment of the agreement before the end of the cooling-off period and acknowledged that they lose the right to withdraw by agreeing.
If you have any questions or concerns regarding your account, please contact us at info@thebalanceclubbylk.com.
WEBSITE
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is not liable for damage caused by breaking into or hacking of the website. The Service Provider will take every reasonable safety precaution, consistent with the current state of IT developments and techniques available.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is not liable for damage caused by phishing, farming, or other forms of internet fraud or criminal activities.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC cannot guarantee a certain downtime of the website. The digital content can be unavailable for short periods of time. The Customer cannot demand any compensation when this remains within reasonable proportions. THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC makes every effort to make sure that the website and online services are available again as soon as reasonably possible. However, the Service Provider cannot guarantee anything.
LICENSES AND INTELLECTUAL PROPERTY
You may not resell streams, downloads or use any of the Services for any commercial purpose, redistribute or retransmit any Services, publicly perform or display any Services, or make derivative works from any Services. All rights not expressly granted herein are reserved by The Balance Club by LK/TBC/The Balance Club.
By accepting these terms and conditions, the Customer confirms explicitly that all the designs, information, images, emails, downloads, schemes, modules, materials, videos and other content on the website and online training platform, as well as products, are property of THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC and are protected by the relevant laws and regulations of intellectual property, including but not limited to copyright, trademark law, database rights, European laws, patents, and design rights.
THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC grants the Customer a limited, personal, non-exclusive, non-sublicensable, non-transferable and non-revocable license to use the services and products for personal purposes only and under certain conditions, as stated in these terms and conditions, for the duration of the agreement.
The Customer is explicitly prohibited from using, copying, altering, and publishing, the designs, information, images, and other content designed by THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC. Furthermore, he is explicitly prohibited from using the abovementioned content for direct or indirect commercial purposes, and from passing it on to third parties.
The Customer is explicitly prohibited from passing on the provided license to third parties. The Customer can only download and save the content for strictly personal use.
DISPUTES
The Customer is obliged to communicate in writing any possible complaints about invoices and/or services or products delivered by THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC within 8 days after first noticing the subject of the complaint.
When the Customer reports a flaw of a physical product after said period of 8 days, the Customer does not have the absolute right to restoration, replacement, or compensation.
The Customer can always choose to file a complaint to the Consumer Mediation Service of the Federal Government. They can do so via the following link: https://consumerombudsman.be/en.
This agreement is governed by Belgian law. The parties submit all their disputes regarding the implementation of a contract or in relation to invoices to the exclusive jurisdiction of the courts governing the region where THE BALANCE CLUB or THE BALANCE CLUB by LK or TBC is based.