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GENERAL CONDITIONS OF USE OF HOLMESPLACE.COM

SCOPE

The present General Conditions regulate the use (access included) of the component areas of HOLMESPLACE.COM, including the contents and services made available therein (“HOLMESPLACE.COM”).

Any person accessing HOLMESPLACE.COM(“User”) agrees to be submitted to the General Conditions which are in force at each time.

The content and services that HOLMES PLACE provides to the User in HOLMESPLACE.COM (namely, the “Contents” and “Services”) may also be regulated by particular conditions that, where conflict arises, shall prevail over the General Conditions (the “Special Conditions”). Whenever the User accesses the relevant Content or Service, the User is submitting and also accepting the corresponding Specific Conditions.

Terms and Conditions should be carefully read by the User whenever using HOLMESPLACE.COM and, when applicable, the corresponding Special Conditions when using relevant Content or Service.

In any case, HOLMES PLACE reserves the right to modify at any time and without prior notice, the presentation and settings of HOLMESPLACE.COM, as well as the General Conditions or the corresponding Special Conditions.

ACCOUNT, PASSWORD AND SECURITY

Only the registered User is authorized to access the account, being responsible for maintaining the confidentiality of any password and account number provided in order to access the Service.

The User assumes all liability for every activity of the account or by using the password.

HOLMES PLACE has no control over the use of the account of any User and expressly disclaims any liability resulting therefrom.

Should the User suspect of the improper use of the password or account by others, or suspect of any other breach of security, the User should immediately contact HOLMES PLACE.

INTERCONNECTED LINKS AND SITES

Connections (such as links) of HOLMES PLACE to other sites do not constitute an endorsement to these sites or its contents by HOLMES PLACE.

These links are provided solely for the reference and convenience of the User. Those websites are not in control of HOLMES PLACE which is not responsible for its content.

Links to those sites on the Service cannot be interpreted as an approval of HOLMES PLACE of any material presented there, nor any association with their operators.

The User is responsible for evaluating the content and usefulness of the information obtained from these sites.

The use of controlled sites, owned and operated by third parties is governed by the Terms and Conditions of Use and the Privacy Policy of those sites and not by the HOLMES PLACE’s Terms of Use.

Access to these third-party sites is at the sole risk of the User.

HOLMES PLACE expressly waives any liability arising from the use and / or viewing of any website or other material associated with links appearing on the Service. The User agrees by the present Agreement that HOLMES PLACE may not be held responsible for any liability that may arise from the use of links appearing on the Service.

a) Links

The User and, in general, any natural or legal person wishing to establish a hyperlink or technical link device (i.e. links) from a web site to HOLMESPLACE.COM (the “Hyperlink”) must obtain prior and written authorization from HOLMES PLACE.

Establishing the link does not imply, in any case, the existence of any relation between HOLMES PLACE and the owner of the site or web page where the Hyperlink is established, nor the acceptance or approval by HOLMES PLACE of its contents or services.

In any case, HOLMES PLACE reserves the right to prohibit or cancel at any time any link to HOLMESPLACE.COM, especially in cases of illegal activity of the web site where the hyperlink is included.

b) Linked Sites

HOLMESPLACE.COM provides hyperlinks or technical link devices (i.e. links) that allow the User to access sites or portals on the Internet owned or managed by third parties (the “Linked Sites”), for the solely purpose of search and access to information, content and services available on the Internet.

HOLMES PLACE does not provide nor distributes on its own or through third parties the information, content and services available in the Linked Sites, nor does approve, supervise or control in any way the contents and services and any material of any nature therein, thus being the User solely and exclusively responsible for browsing the websites.

PERSONAL DATA

The use of HOLMESPLACE.COM does not automatically registers any personal data that identifies the User. Nevertheless, there is, certain non-personal and non-identifiable data with a specific User which is collected and recorded on HOLMES PLACE’s Internet servers (for example, the operating system, IP address from where HOLMESPLACE.COM is accessed), in order to improve the User’s browsing and management of HOLMESPLACE.COM.

Nevertheless, for the use of certain Content or Services, HOLMES PLACE may request that the User provides specific personal data. HOLMES PLACE shall provide the necessary information to the User required for the previous approval of processing of personal data and its incorporation to the corresponding files owned by HOLMES PLACE.

Collected data is automatically processed and is intended as part of the establishment of User / Client quality criteria within the HOLMES PLACE business group, with the consequent purpose of collection of vouchers and future contacts, namely direct marketing, products supply and accessory services connected, albeit indirectly, to the activity of HOLMES PLACE.

Collected data is also intended to comply with legal obligations and its use in contractual relationships with insurance companies, banks and other institutions, committing HOLMES PLACE to keep secrecy about any data and its access to the exclusive and necessary actions to its normal activity.

The User authorizes the transfer of data to trading partners of HOLMES PLACE, also authorizing its use for advertising, marketing or promotional purposes by HOLMES PLACE, even after the termination of the subscription contract.

In the event of default by the User, data can be transferred to third parties for the purpose of debt collection.

In accordance with Law 67/98 of October 26th (Personal Data Protection Act), the holder has the right to access and correct data, as well as the right to object to the processing of data for marketing purposes.

GENERAL PROVISIONS

Failure to exercise, or late exercise or in part of any right that protects HOLMES PLACE under the present Agreement or under any applicable provision, may not be interpreted as a waiver of that right nor does it prevent its further use in the future and cannot be considered as delay or novation.

This Agreement represents the whole agreement between the User and HOLMES PLACE, as regards to the provisions set forth herein.

AMENDMENTS TO THE TERMS OF USE

Terms and conditions may be updated at any time by HOLMES PLACE when considered necessary or desirable without prior notification to the User in order to meet the legal requirements or operating changes. The User will always have online access to the terms and conditions of use.

This document is always available online with free access and may be stored or printed at any time even without being registered in the site.

Any changes will be communicated to the registered Users via online.

The subsequent access and use of the site by the User shall be interpreted as a clear signal that the User has read, understood and accepted the amended Terms and Conditions.

PARTIAL INVALIDITY

The invalidity, in whole or in part, of any provision of the present Terms and General Conditions shall not affect the validity of the other provisions, which shall be applicable in all its extension, unless the interested party shows that the aim pursued by the parties suggest that they would have not concluded the deal without the vitiated part.

APPLICABLE LAW / JURISDICTION

Terms and conditions shall be governed by the Netherlands law.

FINAL PROVISIONS

Those who intend to purchase online on this site, declare to be of age and have legal capacity to purchase.

Any purchase made through the site, shall be consider as an acceptance and knowledge of the Terms and Conditions of Use by the User.

Should the User have further questions regarding the present Terms and Conditions or any comment on HOLMESPLACE.COM, please contact info@holmesplace.com.

I HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND HOLMES PLACE’S PRIVACY POLICY AND DECLARE THAT MY USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

PRIVACY POLICY

This site is operated by Holmes Place Worldwide BV, head office at Leidsegracht 38 – 40, 1016 CM Amsterdam.

IMPORTANT: BY PROVIDING PERSONAL DATA TO HOLMES PLACE AND / OR HOLMESPLACE.COM THROUGH HOLMES PLACE THE USER CONSENTS THAT ITS USE AND PERSONAL DATA WILL BE TREATED BY HOLMES PLACE IN THE TERMS AND CONDITIONS DESCRIBED BELOW.

PRIVACY POLICY FRAMEWORK

HOLMES PLACE undertakes to maintain the privacy and confidentiality of all information provided by the User.

The present Privacy Policy sets out the measures adopted by HOLMES PLACE in relation to Personal Information collected directly from the User and / or through HOLMESPLACE.COM, in accordance with the Personal Data Protection Act and other applicable legislation at both national and European Community level.

The term “Personal Data” refers to all personal information provided by the User, such as the name, profession, information on the health status, date of birth, address or email address.

NOTICE IN THE EVENT OF CHANGES TO THE PRIVACY POLICY

Amendments to data processing may occur as HOLMES PLACE and the existing services make a constant effort to improve and add new features to the APP, thus leading to constant improvements and amendments in the applicable provisions and in the development of the technology.

Should there be any amendment to the present Privacy Policy, HOLMES PLACE will notify the User and the responsible local authority, when required by law.

COLLECTION OF PERSONAL INFORMATION INCLUDING ELECTRONIC MAIL ADDRESS

When accessing certain services of HOLMESPLACE.COM, the User may be required to provide the following data: name, address, email address, telephone number and payment details.

Demographic information may also be required in order for HOLMES PLACE to provide a more personalized service.

Information provided shall be stored manually or by electronic means in the database of HOLMES PLACE.

HOLMES PLACE may supplement the information provided by the User with information from third parties (i.e. when provided an incorrect zip code, HOLMES PLACE may rely on a third party to correct this data).

USE OF PERSONAL DATA

HOLMES PLACE shall provide the User with the necessary information so the User may express previous consent to personal data processing and its inclusion on the respective files owned by HOLMES PLACE.

Within the company group of HOLMES PLACE , collected data is automatically processed and is intended to control the quality criteria between User / Client, with the consequent purpose of collection of vouchers and future contacts, namely direct marketing, products supply and accessory services connected, albeit indirectly, to the activity of HOLMES PLACE.

Collected data is also intended to comply with legal obligations and its use in contractual relationships with insurance companies, banks and other institutions, committing HOLMES PLACE to keep secrecy about any data and its access to the exclusive and necessary actions to its normal activity.

When required by law and the administration of justice, HOLMES PLACE may share, transfer or disclose the information regarding the User which is stored in the database and in the server, thus interacting with anti-fraud databases in order to protect vital interests, safety or integrity of the databases or the websites, as well as to take action against legal liability, or in the case of HOLMES PLACE’ sale, merger, reorganization, dissolution or other cause.

The User authorizes the transfer of data to trading partners of HOLMES PLACE, also authorizing its use for advertising, marketing or promotional purposes by HOLMES PLACE, even after the termination of the subscription contract.

In the event of default by the User, data can be transferred to third parties for the purpose of debt collection.

In accordance with Law 67/98 of October 26th (Personal Data Protection Act), the holder has the right to access and correct data, as well as the right to object to the processing of data for marketing purposes.

HOLMES PLACE will send the information to the address, e-mail or telephone contact provided by the User.

The contacts provided shall be stored in HOLMES PLACE database and may be used occasionally to send information to the User by email or post mail about similar products and services contracted by the User which may be of interest. Should the User do not wish to receive such information, the User shall proceed according to the section “Cancellation”. In cases where the User has consented, Personal Information of the User may be shared with other companies of the same group of HOLMES PLACE or may be disclosed to other companies who may after contact the User about products or services that may be of interest.

HOLMES PLACE may also request and collect the personal data of the User, for the following, but not limited, purposes:

• Send information about new products and services;
• Regular updates which HOLMES PLACE considers to be of the User’ interest;
• Sending required information about products and services;
• For the purpose of market research and marketing;
• For internal use in the administration of HOLMESPLACE.COM and improvement of the services provided.

ACCESS AND CORRECTION OF DATA

To change Personal Data, the User must submit a request in writing and refer the data to be changed. HOLMES PLACE shall proceed with the correction and removal of any Personal Data that is incorrect. User’ data may always be updated via the contact details below.

ANONYMOUS DATA COLLECTION THROUGH THE SITE HOLMES PLACE.PT

In addition to the collection of data by the means indicated above, HOLMES PLACE uses technology that allows the collection of information on the Users of HOLMESPLACE.COM. For example, the site server automatically collects visited pages, the User’s IP address and what the browser used. This technology does not personally identify the User, serving only for statistical purposes.

HOLMESPLACE.COM contains links to other pages of the HOLMES PLACE website. Technology can also be used to monitor how often these links are used and what are the most viewed pages. This technology does not personally identify the User – it serves merely for statistical purposes.

COOKIES

To collect the information referred to in the preceding paragraph, “cookies” may be used temporarily and will stay in cookies file of the User’s browser until being closed. Cookies itself do not serve to identify the User. A cookie is a small piece of information sent to the User’s software and stored on the hard disk of the User’s computer, not causing any damage to it. Browser can be set in order to notify the User when receiving a cookie, so the User may choose to accept it or reject it.

HOLMESPLACE.COM also use the User’s IP address to help diagnose problems with the server and to manage the APP. The IP address is a numeric code that identifies a computer on the network, or in this case on the Internet. The User’s IP address is also used to gather demographic information. HOLMES PLACE may also carry out IP surveys to determine the Users domain (i.e. aol.com, asuaempresa.com) in order to better assess the User’s demographics.

DATA TRANSFER ABROAD

Should the User be in a country other than where HOLMESPLACE.COM servers are, communications can result in a transfer of information across the border.

By using the site and when communicating with HOLMES PLACE electronically, the User consents to the processing and transfer of Personal Data as set out in this Privacy Policy.

ACCESSES BOUGHT ONLINE

All online members must be validated after the respective payment. Each User may only buy this package once, controlled through the tax number entered. When visiting a club, the User shall be requested to present a document certifying that the entitlement of the present subscription.

The present membership can be purchased to be offered, being necessary that the data of the User is corresponding to the subscription data. The bill shall be delivered when visiting club.

The amounts paid will not be reimbursed if the holder of the membership does not use the service purchased by the User has, taking into account it is a promotional membership.

Should the holder of the voucher decides to continue the membership, the amount paid in the online membership reverses in full as registration fee by simply requesting the club an application form and providing the necessary data for completing it.

The 15 days start from the date selected by the voucher’s holder or its buyer, not being possible to return or extended any day.

This membership is valid for people over 16 years old and allows access to all club facilities (full time), except for the spa, personal training service, private courses and nutrition services. Free access to facilities is: access to the gym, group classes, pool, sauna, Turkish bath and Jacuzzi; parking and towels are not included.

All holders of the membership will get a physical assessment by an instructor to perform the workout sheet and respective physical evaluation.

This access has no continuity and will expire after 15 days. Should the User want to continue membership after that date, an initial payment for the application should be made, in accordance with the conditions in force.

The present subscription is not cumulative with other campaigns into force. Transmission of the present subscription to third parties is not possible. Suspension of any type of activity is not possible, being the 15 days counted uninterruptedly.

APPLICABLE LAW

The present Privacy Policy is an integral part of the Terms and Uses of HOLMESPLACE.COM.

Any dispute or claim of any nature regarding this APP shall be governed by the Netherlands law, regardless of any conflict of laws.

All actions or legal proceedings arising out of or related to this Privacy Policy, its validity, application, compliance or non-compliance, or the subject of this Privacy Policy shall be under the jurisdiction of Netherlands courts, and the User hereby consent and submit irrevocably to the Netherlands jurisdiction.

Notwithstanding, HOLMES PLACE reserves the right to take legal action in any jurisdiction where there is non-compliance with the present Privacy Policy.