Terms and conditions
Last Revised:12 March. 2018
Injurymap ApS (referred throughout as "Injurymap" , "we" or "us" ), offers a rehabilitation app to people with muscle / joint injuries, which in some cases are offered as a service provided in cooperation with our partners (collectively known as "Services" ). All persons using our services for rehabilitation are known as "users" .
These Terms and Conditions of Use (“Terms”) govern your access to and use of our Services. Please read the Terms carefully before using our Services, as they are a legally binding contract between you and Injurymap. Note that we have included several summaries at the top of each section – these summaries are not a part of the contract itself, but are intended to emphasize key sections and help you follow the text.
Please feel free to contact us at firstname.lastname@example.org if you have any questions or suggestions.
1. Use of the Services and Your Account
(a) Who can use Injurymaps Services
You must be at least eighteen (18) years of age to use Injurymap. If you are between the ages of 13-18, you may use the Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Injurymap, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address).
(b) Your Account
You may need to create an Injurymap account to access the Services, and it's important that the information associated with your account is accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in). You may need to register for an Injurymap account in order to access or use certain Services. Your account may automatically provide you access and means to use new Services that we create.
When you create an account for any of our Services, you must provide us with accurate and complete information as prompted by the account creation and registration process, and keep that information up to date. Otherwise, some of our Services may not operate correctly, and we may not be able to contact you with important notices.
If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account, and you must notify our Support right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
If you are a resident of the European Union: You have the right to delete your account with us by contacting our Support Team. If you choose to permanently delete your account, the non-public Personal Data that we have associated with your account will also be deleted.
(c) Service Updates, Changes and Limitations
Our Services are constantly evolving to be more useful for our users. With new products, services, and features launching all the time, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We may also update our Services, which might not work properly if you don’t install the updates. The Services change frequently, and their form and functionality may change without prior notice to you. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
We may also from time to time, as we see fit, develop and provide updates for certain Services. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. These Updates may include updated versions of our applications, which may automatically electronically upgrade the versions used on your device, as well as updates to wearables and other connected products. You expressly consent to such automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service.
(d) Service Monitoring and Suspension
We reserve the right to refuse service to anyone, and can monitor, terminate or suspend our Services or your account at any time. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. We may also deactivate, terminate or suspend your account at any time: (1) if we, in our sole discretion, determine that you are or have been in violation of these Terms, (2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Injurymap or any other Users, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuance or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.
Please let us know right away if you believe your account has been hacked or compromised. We care about the security of our athletes. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach or unauthorized access or use of your account.
(f) Consent to Receive Communications
We or other athletes in the community may contact you in connection with your use of the Services. We have outlined how you can manage some of these settings here. After signing up for an account, you may receive periodic email communications regarding the operations of our Services. You cannot opt out of receiving these communications while you continue to use our Services.
You may also receive periodic promotions and other offers or materials that we believe might be of interest to you. You can opt out of receiving these promotional messages at any time by following the unsubscribe instructions contained in the message footer, or changing the email preferences in your account.
By finding and connecting with your friends and other athletes in our community, you may receive electronic communications, including messages from them (depending on your preferences, you may receive notification of these messages via email, in the website/application, and/or as a push notification). You can manage the messages you receive from other athletes in our Services by changing the preferences in your account.
(a) Your Privacy
(b) Spreading the Word
We hope you enjoy using our Services and encourage you to share your enthusiasm for them with your friends. If you elect to use the features in our Services to tell a friend about the Services, we will ask you to provide your friend’s email address or social media profile, which we may then use to contact your friend about the Services. We may store the information you provide for a period of time, but we will not post this information publicly. You represent that you are authorized to provide any third-party contact information that you provide to us for referrals.
3. Ownership and Use of Content
Content is the stuff that shows up on your display when you use our Services. User-Generated Content is any Content that is created by you or other athletes, and UA Content is all other Content. For purposes of these Terms, (i) the term “Content” means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, replies, “likes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) the term “User-Generated Content” means any Content that an athlete (that includes you!) submits, transfers, or otherwise provides to or through the use of the Services. Content includes, without limitation, all User-Generated Content; and (iii) the term “UA Content” means all Content that is not User-Generated Content.
You own the Content that you create, and we own the Content that we create. Please don’t post other people’s work without permission. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Services and UA Content belong to Injurymap.
4. Mobile Services
While we strive to make our applications available on many platforms, we can’t guarantee that our applications are compatible with your device (though please let Support know if you have a question or problem; we want to help). If you use our applications, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply. (a) Wireless Carrier and Device Considerations
To use or access our applications, you will need a compatible device. We also cannot guarantee that the applications will be compatible with, or available on, your device. We do not charge for use of some basic applications; however, you may need to pay some fees to use certain premium applications or features. Further, your phone company’s normal messaging, data, and other rates and fees will still apply.
(b) App Stores
If you download our applications from a third-party app store (the “App Provider”), you acknowledge and agree that:
The Terms are an agreement between us, and not with the App Provider. As between Injurymap and the App Provider, Injurymap is solely responsible for the applications; The App Provider has no obligation to provide any maintenance and support services with respect to the applications; In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Injurymap and the App Provider, Injuyrmap’s responsibility; The App Provider is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications; If a third party claims that an application infringes another party’s intellectual property rights, as between the App Provider and Injurymap, Injurymap will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and You must also comply with all applicable third-party terms of service when using the applications.
5. Paid Services
If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing will auto-renew unless you cancel. You may cancel at any time. (a) Payment Terms
We offer certain premium versions of the Services(“Premium Services”) for a fee. By signing up for and using any of the Premium Services, you agree to our Terms, and any additional terms and conditions that are provided here. You also agree to waive your 14-day right of withdrawal to the maximum extent permitted by applicable law, so that you are able to immediately access all of the Premium Services.
The Premium Services provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis, an ad-free browsing experience). By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).
When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.
You can choose to pay for the Premium Services on a monthly or annual basis. All fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.
(b) Termination or Cancellation of Premium Services
If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time. More information on how to cancel can be found here. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.
There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.
(c) Free Trials
We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred payment method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services athlete after the Free Trial period.
If you decide that you do not want to become a paying Premium Service, you must cancel your subscription before the end of the Free Trial period. Depending on which of our Premium Services for which you have a Free Trial, you may lose access to the Premium Service as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the Premium Service for the entire duration of the offer.
Premium Service features and content may change at any time, and we cannot guarantee that any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
6. Safe use of Injurymap
The app must not be used independently of professional health care.
YOU MUST ONLY USE THE APP AFTER YOU HAVE BEEN GIVEN A DIAGNOSES FROM YOUR HEALTH PROFESSIONAL AND AFTER YOUR HEALTH PROFESIONAL HAS APPROVED THAT YOU CAN PERFORM THE TYPE OF EXERCISES THAT ARE IN THE APP.
IT IS YOUR PERSONAL RESPONSIBILITY TO ENSURE THAT YOU ENTER THE DIAGNOSIS THAT YOUR HEALTH PROFESSIONAL HAVE STATED WHEN YOU CREATE AN ACCOUNT.
A health professional may be a trained physiotherapist, nurse, chiropractor or doctor. If you are in doubt who can advise you about your pain, consult a doctor.
Should you have any health-related issues, please contact or visit your doctor or other healthcare professionals immediately. If you are in an emergency, call your doctor or nearest hospital service immediately.
__ (a) Safety above all
You should consult your doctor (s) and consider the associated risks before using our Services. By using our Services, you agree and warrant that you have received the consent of your physician to perform the type of rehabilitation exercises made available to you in connection with our Services and that your healthcare professional has given you the diagnosis that you have entered in the app. It is very important that you are absolutely sure that you have chosen the correct diagnosis. If you are in doubt about the diagnosis your healthcare professional has made stop using Injuyrmap. To the maximum extent permitted by applicable law, we are not responsible or liable, directly or indirectly, for any damage caused by your physical activities or your use or inability to use our Services or features of our Services.
__ (b) Use of the dynamic exercise program for treatment and / or prevention of your muscle / joint injury
Injurymap, however, can not replace common sense. It is very important that you are aware of your pain signals during and outside the exercise and that you do not use Injurymap uncritically. By using Injurymap, you acknowledge that it is your own responsibility not to ignore the warnings you receive in the app that it is your job to respond to your body's pain signals and to contact your doctor or other healthcare professional if you are in doubt about anything using the app.
- You should always consult a healthcare professional if you experience the slightest doubt about how to respond to your pain in your daily life or your pain while exercising with the app.
- If there is a discrepancy between your own perception of what you should do and what Injurymap recommends you do, contact your healthcare professional immediately. Even when properly exercised, you risk that your injury will worsen over time, and it may also be that you have a wrong diagnosis of your healthcare counselor to be adjusted. In the Profile menu> Read about danger signals, read more about the types of pain that are particularly important to pay attention to your injury and what may indicate that you should have checked your diagnosis again.
(c) Information about rehabilitation, pain and danger signals in the app can not replace healthcare counseling
In addition to the dynamic training program, the app also provides general information about rehabilitation and how to live with muscle / joint pain in the app. Under no circumstances should this be taken as a substitute for healthcare advice, but should be regarded as helpful general information.
This applies to all descriptions and explanations of how to understand your injury or good rehabilitation counseling, including the description of how to behave next to the exercise when you are in the different phases of the rehabilitation program.
7. Modifications to the Terms and Product-Specific Terms
As Injurymap grows and improves, we might have to make changes to these Terms or include additional terms that are specific to certain products. (a) Updates to these Terms
Injurymap reserves the right to modify these Terms by (i) posting revised Terms on and/or through the Services, and/or (ii) providing advance notice to you of material changes to the Terms, generally via email where practicable, and otherwise through the Services. Modifications will not apply retroactively unless required by law.
We may sometimes ask you to review and to explicitly agree to or reject a revised version of the Terms. In such cases, modifications will be effective at the time of your agreement to the modified version of the Terms. If you do not agree at that time, you are not permitted to use the Services. In cases where we do not ask for your explicit agreement to a modified version of the Terms, the modified version of the Terms will become effective as of the date specified in the Terms. Your use of the Services following that date constitutes your acceptance of the terms and conditions of the Terms as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
8. No Warranties
EXCEPT WHERE PROHIBITED BY LAW, INJURYMAP EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the athletes providing that Content. No advice or information, whether oral or written, obtained from other athletes or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
9. Limitation of Liability
We are building the best Services we can for you but we can't promise they will be perfect. We're not liable for various things that could go wrong as a result of your use of the Services. To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Injurymap, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or athlete using the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Injurymap has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of an user’s Personal Data and/or Location Data, (c) any other interactions with us or any other athletes using the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms. To the extent permitted by applicable law, you also acknowledge and agree that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and us and that these warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.
If we are sued because of your access or use of the Services, you have to pay our costs. If you are a resident of the United States or any country other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold Injurymap, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, (c) your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any athlete’s Personal Data and Location Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another athlete in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold Injurymap, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, (c) your use or misuse of any athlete’s Personal Data and Location Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another athlete in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
11 Governing Law
If you are a resident of the United States or any non-European Union country: These Terms shall be governed by and construed in accordance with the laws of the State of Maryland and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with Danish law, without regard to its conflict of law principles.
12. Disputes and Arbitration, Jurisdiction and Venue
If we have a problem, let’s practice good sportsmanship and resolve the dispute through arbitration. To the maximum extent permitted by applicable law, you and Injurymap agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted in Baltimore, Maryland, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your use of the Services:
You are giving up your right to have a trial by jury; You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and You must file any claim within one (1) year after such claim arose or it is forever barred. If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Baltimore, Maryland, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This agreement to arbitrate will not preclude you or Injurymap from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Injurymap from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Injurymap’s intellectual property rights.
In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.
If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Injurymap cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.
In addition, nothing in these Terms limits your rights to bring an action against Injurymap in the local courts of your place of domicile. All disputes arising under the Terms between you and Injurymap will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.
If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Injurymap cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board (www.kuluttajariita.fi) or other corresponding body.
If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Injurymap cannot resolve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: email@example.com).
If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against Injurymap in the local courts of your place of domicile.
13. International Terms
I. We provide our Services for a global community of users. Our servers and operations are, however, located primarily in Europe, and our policies and procedures are based primarily on European law. Because of this, the following provisions apply specifically to athletes located outside of Europe: you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the Europe and/or other countries; (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Injurymap or its affiliates to any registration requirement within such jurisdiction or country.
If you are a resident of the European Union, Hong Kong, Russia, New Zealand or South Korea: Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.
If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.
If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.
Terms of trade Injurymap ApS
Injurymap ApS Kronborggade 8, 4th th. Copenhagen 2200 Copenhagen CVR: 38908227
1. Purchase from Injurymap ApS
The purchase is valid as soon as you receive an invoice from Injurymap ApS Subject to price errors, etc. due to currency changes, war, terror, natural disasters, force majeure, delivery failures, tax changes, sold out items and typographical errors. Reservations are made for sold out products and delayed delivery time at Injurymap ApS's wholesalers.
2. Prices and contracts
All prices are incl. 25% VAT, where nothing else is mentioned. Prices are valid only within Denmark limits, excl. Faroe Islands and Greenland. All contracts are in Danish.
3. Sales in general
The stated price at the time of booking is the applicable price.
4 Shipping and delivery
We always try to ship the order as soon as possible and preferably within 2-3 business days, but not holidays and holidays. Delivery time is assumed to be in stock. In case of residual delivery, the customer will be contacted. All orders are shipped with Post Danmark.
5. Order Cancellation
If you wish to cancel or cancel an already ordered order, send an e-mail to firstname.lastname@example.org with the label "Cancellation". Here the order date and order number must be stated. Have you received an order confirmation per. E-mail can be returned to sender with the text "Cancellation" inserted in subject text. Cancellations should be made by noon. 14:00 same day as the order is made.
6. Order confirmation
Injurymap ApS stores the order confirmation after it has been sent to the customer.
The possible payment options are as a minimum:
• Dankort • VisaDankort • eDankort • Mastercard
Payment terms are 14 days net by default.
8. Return policy
Full return - If you regret your purchase, Injurymap ApS will return fully. However, the product must be returned in original packaging and in unused and undamaged condition. This must be done within 14 days of receipt by the customer. Items returned must be accompanied by original invoice and delivered free of charge to Injurymap ApS.
Items returned without paying freight or postage are rejected by Injurymap ApS. In case of return, the amount is refunded via account to the customer within 14 days.
As a consumer, you have 2 years of warranty, which means that you can either get the item repaired, exchanged, the money back or refusal in the price, depending on the specific situation. This, of course, means that the complaint is justified. The difference between the warranty and warranty can be seen here. There is NO warranty on defects or defects after the product has been in use - according to the Purchasing Act. Should the product break into expectation during the warranty period, it will be repaired free of charge at our or the manufacturer's workshop. Damage to the product due to malfunction, handling errors, modifications, or gross abuse by the user is not covered by the warranty. Injurymap ApS can not be held liable for lost data and other indirect consequential damages which are sold by Injurymap ApS may have created, unless it is directly in accordance with Danish law. Reference is also made to the Procurement Act on Procedures for Complaints.
10. Application of the right of complaint
Complaints regarding defects must be notified to Injurymap ApS within a reasonable period of time after receipt of the goods. Customers are strongly advised to make a statement about the defect or defect of the product in connection with the complaint, as failure may result in an extension of the remediation process due to failure. The customer can advertise by returning the defective item per. mail at our address. Items not covered by the right of complaint and / or received without proper packaging will be repackaged and an amount corresponding to Injurymap ApS's expenses for necessary and proper packaging will be charged. Goods returned on demand or sent without postage are denied by Injurymap ApS.
11. Returned items that do not contain errors
Goods should be returned with a bill of invoice indicating the time of purchase of the advertised product, as the item will be retained until there is a copy of the invoice and, if applicable, error message on the product. Items not covered by the right of complaint and received without proper packaging will be re-packed and a charge will be charged corresponding to our expenses for necessary and proper packaging.
12. Proper return
All products returned to Injurymap ApS must be properly wrapped. Damage due to defective packaging may result in your rights being voided. Injurymap ApS recommends that the item be returned via Post Danmark and that the item is sent as a package item. That way, it is possible to track the package in Post Danmark's system, thus eliminating any doubts as to whether the product has been handed over to Injurymap ApS.