Content responsibility / Responsible entity under applicable law
Roxybike SL
C/ Mautx 12
03530 La Nucia
Spain
Email: info (at) roxybike.com
Websites:
VAT Identification Number: ES B57889610
Registered in: La Nucia, Spain
MTB Riding Skills E-Learning Courses and Live Online Trainings
1.1 These General Terms and Conditions apply to the use of e-learning courses (hereinafter referred to as “Course” or “Courses”), live online trainings (hereinafter “LOT”) and live online programmes (hereinafter “LOP”) offered on this Podia platform, operated by Roxybike SL (hereinafter the “Provider”).
The purchaser/participant of the online Courses is hereinafter referred to as the “Customer”.
Note: The German-language site and e-learning platform “Roxybike Online” is independent from this website. The services cannot be combined, and the prices and terms & conditions published on each respective site apply.
For bookings of hybrid courses and in-person/live appointments, the General Terms and Conditions published on our event and course website (www.roxybikemallorca.com) apply.
1.2 These General Terms and Conditions apply exclusively. Any general terms and conditions of the Customer, including any purchasing terms, shall not apply and are hereby expressly rejected. The Customer’s contractual terms shall not become part of the contract, even if the Provider does not expressly object to them.
1.3 By ordering / registering for any Roxybike Course, LOT or LOP, the Customer agrees to be bound by these General Terms and Conditions.
2.1 The prices, price quotations and descriptions mentioned or referred to on the website do not constitute a binding offer and may be withdrawn or changed by the Provider at any time prior to express acceptance of the Customer’s order.
2.2 While the Provider endeavours to ensure the availability of the Courses displayed, the Provider cannot guarantee that all Courses will be available at the time of ordering. If the Provider is unable to process or fulfil the Customer’s order, the Provider may reject the order without further liability. In such a case, the Provider will inform the Customer accordingly and refund any payments already made for the product.
2.3 An order placed by the Customer constitutes an offer to the Provider to participate in the selected Course, LOT or LOP under these terms of use. All orders placed by the Customer are subject to subsequent acceptance by the Provider.
The Customer may order a Course, LOT or LOP by clicking the respective button on the e-learning platform under the relevant Course (e.g. “Get access”, “Sign up now” or similar), or via contact form, email, fax, messenger service or in a personal conversation.
2.4 The Provider accepts the Customer’s offer and the contract is concluded as soon as the Customer
confirms their participation in the Course/LOT/LOP orally, by telephone or by email, or
creates an account on the platform.
3.1 Access to Courses, LOT and LOP is generally provided via password-protected remote data transmission, by the Customer registering on the platform.
3.2 The access data is valid for one user only.
3.3 The Customer is obliged to keep their access data and passwords confidential and to prevent any unauthorised use of the Courses, LOT and LOP by third parties.
3.4 In the event of misuse, the Provider is entitled to block access.
3.5 The Customer is liable for any misuse attributable to them.
3.6 The Customer is responsible for creating the technical prerequisites on their side for accessing the Courses, LOT and LOP, in particular with regard to hardware and operating system software, internet connection (including sufficient connection speed), up-to-date browser software and acceptance of cookies transmitted by the Provider’s server. The Customer bears all costs associated with fulfilling these prerequisites. Upon request, the Provider will inform the Customer which browser version is required.
3.7 In the event of further development of the software platforms and other technical system components by the Provider, it is the Customer’s responsibility, after having been informed by the Provider, to make any necessary adjustments to the software and hardware used by the Customer.
The content available to the Customer within each Course is defined in the service description (“Course Description”) on the respective Course page. The Course Description also specifies the agreed characteristics and scope of the Course.
E-learning Courses are generally available seven days a week, 24 hours per day, with a guaranteed annual availability of 98%.
Availability is calculated as follows:
Availability = (Total time – Total downtime) / Total time
LOT (Live Online Trainings) are only available at the booked appointment times.
The Provider is entitled to modify, limit, or exchange Course content, and to reasonably adjust, reduce, or expand modules.
If such changes lead to a material restriction of a Course available to the Customer under the contract, the Customer is entitled to terminate the contract without notice.
This right of termination may be exercised within eight weeks from the date the material restriction occurs.
Statements or explanations regarding Courses in advertising materials, on the Provider’s website, or in Course documentation constitute descriptions only. They do not represent guarantees or warranted characteristics.
Feedback coaching included in a Course (as stated in the Course Description) is available five days per week, from 09:00–18:00 (Provider’s local time).
The advertised 24-hour response time applies only on five working days (Saturday - Wednesday).
If the Provider is temporarily unable to provide feedback within 24 hours (e.g. due to illness, vacation, or technical issues), a small bonus, like an additional feedback, will be added to the Customer’s feedback credit.
No further claims arise from such delays.
LOT and LOP generally do not include feedback unless explicitly purchased as an add-on.
For Courses that include feedback (as stated on the Course page) the following apply.
No time limit for when feedback may be submitted.
Limited number of feedbacks, as stated in the Course Description.
Limited scope per feedback submission.
Per feedback request, the Customer may submit:
up to 4 videos,
each max. 40 seconds,
covering up to two topics/lessons.
The Customer may submit an additional set of up to 4 videos within 2 weeks relating to the same topics. After this second submission, the feedback loop is considered complete (1 feedback request = 1 feedback loop).
The number of included feedback loops is specified in the Course Description.
For LOT (Live Online Trainings) and LOP (Live Online Programmes), the Customer may optionally purchase feedback as an add-on, there is no feedback included.
The Provider reserves the right to be unavailable for feedback for up to 8 weeks per calendar year (maximum 4 consecutive weeks). These breaks do not need to be announced in advance.
The Customer receives a simple, non-transferable right of use, limited to the duration of the contractual relationship, permitting participation in the purchased Course, LOT, or LOP.
During the contract period, the Customer may:
Access the purchased Course/LOT/LOP, and
View the learning content online on a personal device (computer, tablet, smartphone) for their own learning purposes.
Access is strictly limited to the Customer. Downloaded or viewed content may only be used for private learning during the access period. Because Roxybike Courses offer unlimited long-term access, the Customer is not permitted to share any content with third parties even after completing the Course.
It is strictly prohibited to:
commercially distribute, sell, rent, lease, publish, lend, or otherwise provide the Courses or their content to third parties,
share login data with third parties,
transmit Course content for use by unlicensed individuals,
teach Course content in the context of one’s own coaching services (including unpaid club/association training).
The Customer is prohibited from collecting, screen recording, duplicating, copying to other storage mediums, or transferring Course software, videos, or materials for use in external retrieval systems.
The duration of the license is either:
unlimited (if explicitly stated in the Course Description), or
limited (LOT/LOP access is always time-limited as per the Course Description).
The Provider may implement technical measures (e.g., access blocks) to prevent usage beyond the contractually permitted scope.
The Customer is prohibited from using devices, programs, or other methods to circumvent or tamper with the Provider’s technical protection measures.
If a violation occurs:
The Provider may immediately block access, and
may terminate the contract without notice.
Further claims (particularly damage compensation) remain unaffected.
All content made available by the Provider is protected by copyright.
All associated rights—including reproduction, translation, distribution, electronic processing, and dissemination—are reserved by Roxybike SL, Rafaella Wieschollek, or the respective rights holders.
The Customer obtains no ownership or exploitation rights to any content. Redistribution, teaching, or reuse of Roxybike Online methods or content in third-party coaching is prohibited—even if provided free of charge.
Brand names, logos, copyright notices, serial numbers, or other identification marks may not be removed, altered, or obscured.
The fees for participation in a Course, LOT, or LOP are stated in the respective Course Description.
Fees must be paid in full and in advance before Course, LOT, or LOP access is granted.
A defect exists if the Course does not possess the contractual characteristics as defined in Section 4.1 and its suitability for the intended contractual use is eliminated or reduced.
Minor impairments of suitability are disregarded.
The Customer must report any defects, disruptions, or damage to the Provider immediately in writing.
Upon receipt of a comprehensible written description of the defect, the Provider shall remedy the defect within a reasonable period.
Termination due to non-provision of contractual use is permitted only if the defect is not remedied within a reasonable period or remedy must be deemed to have failed.
The Provider does not guarantee that the use of the Courses does not infringe third-party rights.
The Provider is not aware of any such rights.
The Provider assumes no liability for the Courses being suitable for the Customer’s specific intended purposes.
The Customer’s statutory rights to claim damages under Section 9 remain unaffected.
The Provider’s liability for damages and reimbursement of expenses—regardless of legal basis—is limited to EUR 300.
The limitation in Section 9.1 does not apply in cases of:
intent or gross negligence,
fraud or fraudulent concealment,
liability under the Product Liability Act (EU product liability laws).
In the event of breach of a cardinal duty (material contractual obligation), the Provider is liable also for slight negligence.
Liability is limited to the typical, foreseeable damage at the time of breach, unless Section 9.2 applies.
The Provider’s strict liability for defects already existing at the time of contract conclusion is excluded.
The statutory limitation periods for damage claims apply.
Nothing in this section changes the statutory burden of proof to the Customer’s disadvantage.
These limitations also apply in favour of the Provider’s employees and agents.
Mountain biking is an inherently risky sport. By booking and participating in any course, Live-Online-Training (LOT), Live-Online-Program (LOP) or by applying the techniques and exercises taught in the Provider’s content, the Customer expressly acknowledges and accepts that:
mountain biking involves a risk of falls, collisions, loss of control, equipment failure, and other hazards;
practicing techniques such as the Bunny Hop, manuals, jumps, drops and similar skills can lead to injuries, accidents or property damage, even when executed correctly;
outdoor conditions (terrain, weather, trail conditions, visibility, third parties) introduce additional and unpredictable risks outside the Provider’s control.
The Provider assumes no liability for:
injuries, accidents, health issues, or material damage
occurring during mountain biking activities,
during practice sessions,
or while applying the techniques, drills, or instructions presented in the online courses, LOT or LOP.
This applies regardless of whether the Customer practices:
independently,
on Trails
on streets
in a Bike park,
or on public lands.
The Customer is solely responsible for:
assessing their own physical and mental capability,
choosing suitable terrain and weather conditions,
maintaining their equipment in safe working condition,
wearing appropriate protective gear (helmet mandatory; recommended: knee/elbow pads, gloves, protective clothing),
and exercising caution and judgement while performing the techniques.
The agreed Course period is fixed as stated in Section 5.6.
For Live-Online-Trainings (LOT):
Cancellation more than 2 weeks before the event → no fee
Cancellation within 2 weeks → 50% cancellation fee
Cancellation within 1 week, no-show, or premature termination → 100% fee
A replacement participant may be named if the LOT has not yet started and the person meets the participation requirements.
For Live-Online-Programmes (LOP):
Cancellation or premature termination → 100% fee
A replacement participant may be named if the LOP has not started and meets the participation requirements.
The Customer may prove that the Provider incurred no loss or a significantly lower loss.
The right of both parties to terminate for good cause remains unaffected.
Upon termination, the Provider may immediately block the Customer’s access to the Course.
Termination must be made in writing.
Termination for good cause must state the reason.
Absence from sessions does not constitute termination.
No refunds are granted upon termination of Courses.
For any disputes arising from or in connection with this contract, Spanish law applies exclusively.
The place of jurisdiction shall be Benidorm, Spain.
No oral side agreements exist.
Any amendments or additions to this agreement must be made in writing to be valid.
The written form requirement can itself be waived only by a separate written agreement.
Registration becomes binding immediately once the Customer submits it.
There is no automatic right to participate in LOT with limited group size.
The Provider reserves the right to cancel a scheduled LOT due to:
insufficient participant numbers,
illness of instructors, or
other disruptions to business operations beyond the Provider’s control.
Fees already paid will be refunded.
Further claims do not exist.
Any amendments or deviations from these provisions must be made in writing.
The written form requirement can itself be waived only by written agreement.
This website contains “external links” to third-party websites.
The Provider has no influence over their content and accepts no liability for it.
The respective website operator is solely responsible.
At the time of linking, no legal violations were identifiable.
(englische Version auf EU-Rechtsbasis, inhaltlich identisch zu Deinem deutschen Text)
You have the right to withdraw from this contract within fourteen (14) days without giving any reason, provided that the e-learning course (or LOT) has not yet commenced.
You acknowledge that your right of withdrawal expires once the course has begun, which includes (but is not limited to):
watching lessons,
practicing course exercises,
submitting feedback requests, or
accessing any course content after purchase.
If the e-learning course has been purchased but has not been accessed or used in any way, you may withdraw from the contract within 14 days in writing.
In this case, any payments already made will be refunded.
No further claims exist.
We take data protection seriously. We want you to clearly understand how your data is processed. This Privacy Policy explains the type, scope, and purpose of the processing of personal data within our online offering and the associated websites, functions, and content (hereinafter collectively referred to as the “Online Offering” or “Website”).
This Privacy Policy applies regardless of the domains, systems, platforms, and devices (e.g., desktop or mobile) on which the Online Offering is executed.
The terms used, such as "personal data" or "processing," follow the definitions set out in Article 4 of the General Data Protection Regulation (GDPR).
The personal data we process may include:
Master data (e.g., customer names and addresses),
Contract data (e.g., purchased services, payment information),
Usage data (e.g., visited websites, interest in products),
Content data (e.g., entries in contact forms or webinar registrations).
The term “users” includes all categories of persons affected by data processing. These include customers, interested parties, business partners, and other visitors of the Online Offering.
Personal data is processed in compliance with the relevant data protection regulations. Processing takes place only if:
permitted by law,
necessary for contractual fulfilment (e.g., handling orders),
you have provided consent, or
based on our legitimate interests (e.g., analysis, optimisation, security of our Online Offering).
Legal bases referenced in this Privacy Policy include:
Art. 6(1)(a) and Art. 7 GDPR (consent),
Art. 6(1)(b) GDPR (contract performance),
Art. 6(1)(c) GDPR (legal obligations),
Art. 6(1)(f) GDPR (legitimate interests).
Rafaella Wieschollek
C/ Mautx 12
03530 La Nucia
Spain
Email: info@roxybike.com
Websites:
We use the platform Podia:
Podia Labs, Inc.
198 East 7th St., Apt. 8
New York, NY 10009, USA
Podia is used to deliver and host our online courses. The website www.roxybikeonline.podia.com runs on this platform.
Podia acts as a data processor according to the GDPR.
We have entered into a GDPR-compliant Data Processing Agreement (DPA) with Podia:
https://www.podia.com/dpa
Further information on Podia’s data processing practices:
Terms of Service: https://www.podia.com/terms
Privacy Policy: https://www.podia.com/privacy
(These pages are not available in German; feel free to ask if you need clarification.)
We implement organisational, contractual, and technical security measures according to the state of the art to ensure compliance with data protection laws and to protect the data we process from:
manipulation,
loss,
destruction,
or unauthorised access.
This includes encrypted transmission of data between your browser and our server.
Data is shared with third parties only within the limits of legal requirements.
We share user data with third parties only when:
necessary for contractual purposes under Art. 6(1)(b) GDPR,
based on our legitimate interests under Art. 6(1)(f) GDPR,
legally required,
or when you have provided consent.
If subcontractors are used, legal safeguards and technical and organisational measures ensure GDPR compliance.
Where third-party providers are located in non-EU countries (“third countries”), data transfers occur only if:
an adequate level of data protection exists,
EU Standard Contractual Clauses are used,
you have given explicit consent, or
another legal basis applies.
We process:
master data (e.g., customer names, addresses, contact details),
contract data (e.g., services purchased, contact person names, payment information),
for the purpose of fulfilling contractual obligations and services under Art. 6(1)(b) GDPR.
When users contact us (e.g., via contact form or email), the provided data is processed for handling the inquiry under Art. 6(1)(b) GDPR.
Based on our legitimate interests (Art. 6(1)(f) GDPR), we collect data about every access to our server (“server log files”).
This includes:
name of accessed website,
file,
date and time of access,
transferred data volume,
report of successful retrieval,
browser type and version,
user’s operating system,
referrer URL (previous page),
IP address,
requesting provider.
Log file information is stored for security reasons (e.g., to investigate misuse) for up to seven days, then deleted.
Data required for evidence is exempt from deletion until the incident is resolved.
Cookies are small files stored on users’ devices.
Users may disable cookies via browser settings (Firefox, Safari, Chrome, Internet Explorer).
Disabling cookies may restrict website functionality.
You can opt out of cookies used for reach measurement and advertising at:
Network Advertising Initiative opt-out,
US site,
EU site.
We use Google Analytics based on our legitimate interests (Art. 6(1)(f) GDPR).
Google Analytics uses cookies that analyse your use of the website.
The collected data is usually transferred to a Google server in the USA.
We use IP anonymisation, ensuring that your IP address is shortened before transfer.
Browser opt-out plugin:
http://tools.google.com/dlpage/gaoptout?hl=en
Google is certified under the EU–US Privacy Shield (historical reference; now replaced by updated transfer mechanisms).
If you access our website via a Google ad, Google places a conversion cookie on your device to measure conversions.
You can deactivate personalised advertising via:
https://www.google.com/settings/ads
More information:
https://support.google.com/analytics/answer/6004245?hl=en
We send newsletters only with your explicit consent or legal permission.
Subscription requires a confirmation email to prevent misuse of email addresses.
We log:
subscription,
confirmation time,
IP address,
any data changes.
The newsletter is sent via Podia (see details above).
Podia may process data in pseudonymised form for service optimisation but will not write to users directly or share data.
Only an email address is needed; names are optional for personalisation.
Emails may contain a “web beacon” (tracking pixel) that records:
email opens,
link clicks,
IP address,
browser info,
time of retrieval.
This helps us tailor content.
It is not used for individual profiling.
You may unsubscribe at any time via the link at the end of each email.
Your data will then be deleted.
We may use third-party services (Art. 6(1)(f) GDPR), e.g., videos, fonts.
Providers must process the user’s IP address to deliver content.
Third parties may use pixel tags for statistical or marketing purposes.
Examples:
YouTube (Google Inc.)
For payment providers such as PayPal or Stripe, their terms and privacy policies apply.
This site uses Facebook’s remarketing function "Custom Audiences".
The Facebook Pixel transmits information to Facebook linking your visit with your account to show interest-based ads.
Details:
https://www.facebook.com/about/privacy/
You may opt out at:
https://www.facebook.com/settings/?tab=ads
Or log out of Facebook before visiting our site.
Users have the right to:
obtain free confirmation and access to their stored data,
rectification of incorrect data,
restriction of processing,
deletion of their data,
data portability,
lodge a complaint with a supervisory authority,
revoke consent with effect for the future,
object to future processing (Art. 21 GDPR).
Data is deleted when no longer needed and no legal storage obligations prevent deletion.
Data that must be retained will be restricted and not processed for other purposes.
Users may object to the future processing of their personal data at any time in accordance with legal requirements, particularly for direct marketing.
We may update this Privacy Policy to reflect:
legal changes,
technical updates,
service changes.
If consent is required for changes, we will request it.
Users should regularly review the Privacy Policy.
If any provision of this Privacy Policy is invalid, the remaining provisions remain unaffected.
This Privacy Policy is valid as of March 2021.
The latest version can be accessed and printed at any time.
Please read these Terms of Service (collectively with Podia’s and Roxybike's Privacy Policy located at https://www.podia.com/privacy and https://roxybikemallorca.com/impressum_roxybike/, and, where applicable, Podia’s EU Data Processing Addendum located at https://www.podia.com/dpa, the “Terms of Service”) fully and carefully before using www.roxybike.podia.com (the “Site”) and the services, features, content or applications offered by Podia Labs, Inc. and Roxybike SL (“Podia”, "Roxybike" “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. The German site of Roxybike Online is an entirely different site with its own Terms and Conditions and Services. The services provided on the two pages cannot be combined.
1) Acceptance of Terms.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIA/ROXYBIKE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2) Eligibility.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with Podia/Roxybike on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service.
3) Registration.
In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4) Processing of Personal Data
Your personal data will be treated in accordance with Podia’s and Roxybuíke's Privacy Policy, available at https://www.podia.com/privacy and
C. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY INCLUDE INSTRUCTIONS, COACHING, CLASSES AND GUIDANCE ON ACTIVITIES THAT MAY INVOLVE RISK OF INJURY, DEATH OR PROPERTY DAMAGE TO YOU OR TO OTHERS. YOU VOLUNTARILY ASSUME ALL SUCH RISK AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. YOU WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST US AND OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, CONTRACTORS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), AND RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE (INCLUDING LAWYERS’ FEES AND DISBURSEMENTS) OR INJURY INCLUDING DEATH THAT YOU MAY SUFFER RESULTING FROM ANY ACTIVITIES YOU PARTAKE IN BASED ON YOUR USE OF THE WEBSITE AND THE SERVICES, DUE TO ANY CAUSE WHATSOEVER.
13) Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of Spain. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of Manacor, Mallorca, Spain.
14) Modification.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
15) Miscellaneous.
A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
E. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to roxy@roxybike-coaching.com
F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact: You may contact us at the following address: Roxybike SL, Calle Mautx 12, 03530 La Nucia, Spain
Effective Date of Terms of Service: September 23, 2022
THE END