Terms and Conditions
1.2 By using the App, the User agrees to these Terms.
2.1 App: The mobile applications called OEI IK GROEI/THE WONDER WEEKS and BACK TO YOU that Twise Victory makes available to Users for use on mobile devices running an Apple or Google operating system, including updates.
2.2 User: The natural person using the App.
2.3 User Agreement: The agreement entered into by registration, to which these Terms apply.
2.4 Third-Party Provider: Any legal entity, including social media (Facebook, Instagram, Twitter, etc.), other than Twise Victory, which processes data at the User’s request, for instance, for the purpose of sharing such data with third parties.
2.5 Twise Victory: Twise Victory Publishing B.V., with its corporate domicile at Van Pallandtstraat 63 in (6814 GN) Arnhem (Netherlands), registered with the Netherlands Chamber of Commerce under number 58223169.
2.6 Peripherals: Equipment, including smartphones and tablets, used to make use of the App, including the corresponding operating system.
2.7 Content: All data (including images and sounds), services, software, files, ideas or other information accessible through the App.
3 Right to Use the App
3.1 In order to use the App, the User must download the App from the Apple App Store, Google Play Store or any other digital platform.
3.2 Once the User has registered, Twise Victory grants the User a non-exclusive, non-sublicensable and non-transferable right to use the App for personal non-commercial use for the term of the User Agreement. Any other use requires Twise Victory’s prior written consent.
3.3 The use of the App is for the User’s own account and risk. The User warrants that he or she will only use the App in accordance with the Terms. The User is not allowed to use the App in a way that could be detrimental to Twise Victory, nor may the App be used for actions and/or conduct in violation of applicable laws or regulations, public decency, public order or the rights of third parties, or be used for actions through the App that cause inconvenience to Twise Victory and/or third parties, including distributing threatening, sexually or otherwise intimidating, libelous, defamatory, obscene, pornographic, discriminatory Content or other similar Content that may be considered controversial by general standards.
3.4 The User is not permitted to make the App available to third parties (including making log-in data available), nor to sell, rent out, reverse engineer or modify it without Twise Victory’s prior written consent. The User is also not allowed to remove or bypass technical provisions that are meant to protect the App.
4 Sign Up and Registration
4.1 In order for the User to be able to use it, the App must be downloaded. Next, the User must register as a User of the App by following the instructions provided. The requested information is necessary in order for you to be able to use the App.
4.2 If the User is under 18 years of age, permission from a parent or legal representative is required for the use of the App. By using the App, you warrant that you are 18 years of age or older or have the consent of a parent or legal representative.
5.1 Twise Victory charges a fee for the use of the App.
5.2 The User will bear the costs for the purchase and use of the Peripherals and connections (mobile and/or wireless internet) required for the use of the App.
6 Equipment and Connections
6.1 The App will only function with the help of the necessary Peripherals and connections. In order to be able to use the App, the User must ensure that he or she has the necessary Peripherals and connections.
6.2 In order to prevent misuse and/or malfunctions and other problems, the User must ensure that the Peripherals and connections are sufficiently secured, for instance, against unauthorized use by third parties and viruses.
6.3 The User warrants to Twise Victory that the Peripherals and connections used do not cause any damage to Twise Victory or third parties or that they do not violate any rights of Twise Victory and/or third parties.
6.4 Twise Victory will not be liable for any damage or costs resulting from Peripherals or connections, including – but not limited to – damage or loss as a result of non-delivery, delay, manipulation or interception of the delivery of electronic messages and/or the functionalities of the App or the failure of the App to function properly in other respects and any resulting damage or loss.
8 Intellectual Property
8.1 The App and Content, and the data, images, sounds and texts included therein and combinations thereof, and other software are protected by copyright, database rights and other intellectual property rights. These rights are exclusively vested in Twise Victory or its licensors. It is not permitted to copy any part or content of the App or to disclose it in any form, exploit it, or use it in any other way without Twise Victory’s prior written consent.
8.2 If, in Twise Victory’s opinion, the App is likely to infringe any right of a third party, Twise Victory will be entitled, at its own discretion, either to make available equivalent content or to stop providing the App immediately. Any further liability, obligation to perform and/or obligation to pay damages is excluded.
9 Liability / Disclaimer
9.1 Twise Victory does not make any warranties regarding the use of the App or its Content and accepts no liability for any damage or injury arising from the use of the App or its Content.
9.2 Twise Victory does not warrant that the App will always be available in the future and/or will function at all times and without interruption. Twise Victory reserves the right to put the App temporarily out of commission in whole or in part in connection with maintenance work or modifications.
9.3 Despite the continuous care and attention given to the composition of the Content, Twise Victory cannot warrant the completeness, accuracy or continuous updating of the Content. Twise Victory accepts no liability for any direct or indirect damage or loss arising from or in any way related to the use of the App/Content, accessibility/inaccessibility of or errors in the App or the Content provided, software, downloads or other data files, and products and services purchased through the App or otherwise.
9.4 Twise Victory is not liable for the availability of internet and/or the functioning of peripherals used by the User.
9.5 The above exclusions of liability of Twise Victory also apply to any auxiliary persons and third parties engaged by Twise Victory.
The information contained in the App cannot be used as a substitute for medical or other professional care or information and is not intended as an aid in making a diagnosis or self-diagnosis. You are advised to timely submit medical questions, complaints or symptoms to the treating physician or other healthcare professional.
11 Termination of Use / Functional Modifications
11.1 If the User no longer wishes to use the App, the User may remove the App from his/her equipment by uninstalling it.
11.2 Twise Victory is entitled to delete data, prohibit further use of the App, terminate the right to use the App, impose restrictions on the use of the App and/or block access to the App, in whole or in part, temporarily or permanently, without giving any reasons.
11.3 Twise Victory is at all times entitled to change the content of the App and/or the fees related to the App (including but not limited to charging fees for downloading the App).
11.4 Twise Victory will be at all times be entitled to modify the functionalities offered by the App in order to improve or change functionality and to fix errors, as well as to make available and/or implement updates and upgrades at its own discretion.
12.1 In addition to these Terms, the conditions set out in this Section apply when using Apple hardware and/or software:
12.3 The right of use mentioned in Section 3 of these Terms is limited to the use of the App on Peripherals authorized by Apple and in accordance with Apple’s applicable terms and conditions.
12.4 Apple will have no obligation to provide any maintenance and support services in connection with the App.
12.5 Apple will not be responsible or liable for any direct or indirect loss, damage or costs suffered or incurred by you or by any third party for any reason whatsoever as a result of an infringement of the intellectual rights of any third party or the violation of any applicable product liability law, consumer law, or any other applicable legal provision.
12.6 By accepting these Terms, the User confirms that he or she (i) is not resident in a country which is subject to an embargo by the competent authorities of the United States or which has been designated as a “terrorist supporting country” by the competent authorities of the United States and (ii) is not on any list of “prohibited or restricted parties” drawn up by the competent authorities of the United States.
12.7 The User agrees that Apple is the third-party beneficiary in respect of the Terms and that Apple has the right to enforce the provisions in the App Terms in its own name as if Apple were Twise Victory without prejudice to the provisions of Section 6:145 of the Netherlands Civil Code.
13.1 In addition to these Terms, the conditions set out in this section apply when using Apple equipment and/or software:
13.3 The right of use mentioned in Section 3 of the Terms is limited to the use of the App on the Peripherals authorized by Google and in accordance with the applicable Google terms and conditions.
13.4 Google will have no obligation to provide any maintenance and support services in connection with the App.
13.5 Google will not be responsible or liable for any direct or indirect loss, damage or costs suffered or incurred by you or by any third party due to an infringement of the intellectual property rights of any third party or the violation of applicable product liability law, consumer law or any other applicable legal provision.
13.6 By accepting these Terms and Conditions, the User confirms that he or she (i) is not resident in a country which is subject to an embargo by the competent authorities of the United States or which has been designated by the competent authorities of the United States as a “terrorist supporting country” and (ii) is not on a list of “prohibited or restricted parties” drawn up by the competent authorities of the United States.
13.7 The User agrees that Google is the third party beneficiary in respect of the Terms and that Google will have the right to enforce the provisions of the App Terms in its own name as if Google were Twise Victory without prejudice to the provisions of Section 6:145 of the Netherlands Civil Code.
14 Applicable Law and Competent Court
14.1 These Terms, the use of the App and any disputes arising therefrom or related thereto will be governed exclusively by the laws of the Netherlands.
14.2 Any disputes arising from the Terms or the use of the App shall be submitted to the exclusive jurisdiction of the Court of Gelderland in Arnhem (Netherlands).
Twise Victory has the right to amend these Terms from time to time. The Terms were last amended on 25.10.2023.