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General Terms and Conditions of Use

A. Introduction

BKOOL, S.L. (hereinafter, "BKOOL"), is the owner of this website, whose corporate data may be consulted in the Legal Notice.

These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern the access and use of the website accessible through the domain name https://www.bkool.com and its subdomains (hereinafter "the Website"), as well as the contracting of its services through the Website.

The simple access to the Website confers the condition of User of the Website (hereinafter, "the User") and implies the acceptance of the general conditions of use of the Website. If the User does not agree with these General Conditions, he/she must immediately leave the Website and refrain from using it.

Likewise, the contracting of the services implies that the Users, read and accept, previously and expressly, the contracting conditions that are included below and, that will be binding between the buyer and the holder of the Website.

By accepting these General Conditions, the User declares:

a. That you have read, understand and comprehend what is set forth herein.

b. That, in case you are willing to hire our services, you have sufficient capacity to do so.

c. That he/she assumes all the obligations set forth herein.

The owner of the Website reserves the right to modify the conditions indicated in the present General Conditions, at any time, and at its discretion. The notice will be made by means of a visible message on the Website.

The latest version applicable to the Website is the one available at this URL.

Access to the Website and use of the service after the update of the conditions of the same will imply acceptance of the new conditions.

The rules governing this Website are:

  • These General Conditions, which include the General Conditions of Use of the Website, Legal Notice and General Terms and Conditions of Contract.
  • Privacy Policy
  • Cookie Policy

B. General Conditions of use of the website

In compliance with the provisions of Article 10 of Law 34/2002 of 11 July 2002 on information society services and electronic commerce, the general information of the Website is provided below:

  • Owner: BKOOL, S.L. (hereinafter referred to by its trade name, "BKOOL").
  • Address: C/San Joaquín, 3, 28231 - Las Rozas (Madrid), Spain.
  • VAT nº: B-98125024
  • E-mail: https://support.bkool.com
  • Phone: +34627341180
  • Support center: https://support.bkool.com

Commercial Register data: Madrid Commercial Registry, volume -28917, folio -75, section 8a, sheet M-520691, entry 11a.

2. Definitions

  • Website: Platform made available to users through the domain name https://www.bkool.com.
  • BKOOL Subscription: consists of the BKOOL Cycling and Fitness subscription (Free or Premium) that BKOOL makes available to Users through the Website for download.
  • User: The natural person who browses the Website https://www.bkool.com regardless of whether he/she purchases a BKOOL Cycling and Fitness Free Trial subscription or Premium subscription on the Website.
  • Registered User: The natural person who has registered on the Website https://www.bkool.com and accesses the user area by means of his or her personal user name and password.
  • Customer: The User who purchases a Subscription through the Website.
  • Services: The BKOOL Cycling and Fitness subscription purchase service and all functionalities that the https://www.bkool.com Website offers to Users.

3. Access to the Website

Simple access to the Website is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

4. Rules for use of the Website

The User undertakes to use the Website and all its content and Services in accordance with the provisions of the law, morality, public order and these General Conditions, not using them to carry out illicit or criminal activities that infringe the rights of third parties and/or violate any rules of the applicable legal system.

The User agrees to:

a) Not to introduce or disseminate content or advertising of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.

b) Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party Users of the Internet network.

c) Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.

d) Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.

e) Do not transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for that purpose.

f) Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.

g) Not to impersonate other Users by using their name or nickname or their passwords to access the different services and/or contents of the Website.

h) Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Website or third parties.

i) Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and personal data legislation. The User undertakes to hold BKOOL harmless against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of breach by the User of any of the aforementioned rules of use, and BKOOL also reserves the right to request the corresponding compensation for damages.

5. Content and services linked through the Website

The Website may contain technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter "Linked Sites"). In these cases, BKOOL shall only be liable for the contents and services supplied on the Linked Sites to the extent that it has effective knowledge of their unlawfulness and has not deactivated the link to the same with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify BKOOL, without this notification in any case entailing for BKOOL the obligation to remove the corresponding link.

Under no circumstances shall the existence of Linked Sites presuppose the formalization of agreements between BKOOL and the managers or owners thereof, nor the recommendation or promotion of the Linked Sites and/or their contents by BKOOL.

Unless expressly stated otherwise on the Website, BKOOL is not aware of the contents and services of the Linked Sites and, therefore, shall not be liable for any damages that their unlawfulness, quality, out-of-date nature, unavailability, error or uselessness may cause to the User or any third party.

6. Intellectual and industrial property

All the contents of the Website, being understood as such, by way of example only texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes, are the intellectual property of BKOOL or of third parties, and none of the exploitation rights recognized by the regulations in force regarding intellectual property thereon may be understood to have been assigned to the User.

The trademarks, trade names or distinctive signs published on the Website are owned by BKOOL or third parties, and no rights over them may be understood to have been assigned to the User.

The User, both in the BKOOL Cycling and Fitness subscription in its Free and Premium versions, may create or import his or her own workouts or upload the routes he or she performs (in video format, GPX file and/or similar) to the Website, in respect of which the User accepts the irrevocable assignment of the intellectual property rights deriving therefrom (use, reproduction, distribution, public communication and transformation) to BKOOL for use for the maximum duration of the rights and for all territories in the world. Likewise, at the time at which the User decides to unsubscribe from the Services, BKOOL shall anonymise any data that would enable the User to be identified.

7. Prohibition of reverse engineering actions

Any act of reverse engineering that involves decompiling the computer elements that are part of the platform will be considered an infringement of the intellectual property rights owned by the Proprietor and/or third parties.

8. Social area

The Website has a section called "Share" available to registered Users. The User's activity in relation to other Users shall always be on the basis of the User's obligations described in these terms and conditions.

BKOOL reserves the right to withdraw, restrict and/or deny access to those Users who do not comply with the rules of use of the Website.

C. General Terms and Conditions

1. BKOOL Subscriptions Features

The main characteristics of the BKOOL Subscriptions through the Website may be consulted in the descriptive file available on the Website. From the Website, the User may contract the Free Trial Subscription and Premium Subscription.

2. Discharge procedure

The languages in which the User may formalize the BKOOL Subscription are: Spanish, English, Italian, German and French.

a) Free Trial Subscription

The procedure for subscribing to the Free BKOOL Subscription through the Website is as follows:

2.1. The User may click on the "Free Trial" button and must register on the Website by filling in the required personal data (name, surname, email), as well as choose a password to register with BKOOL. All data entered by the User must be accurate, current and truthful. In addition, the User must expressly accept these General Terms and Conditions and the Website's Privacy Policy; pass the captcha and click on the "Register" button.

2.2. The User will receive an email confirming registration on the Website at the email address provided, which will generate a numerical confirmation code that the User must enter in the registration flow to complete the verification. Once the email has been verified, the User must choose the type of Premium Subscription he/she wishes to contract (monthly or annual) once the Free subscription has been completed and fill in the "1. Invoicing Data" screen with the required invoicing data and enter the NIF in case he/she wishes to receive an invoice.

2.3. Subsequently, the User must complete on the "2. Payment details" screen the payment method to be used, which may be made by card (the User must provide the cardholder's details, card number, expiration date and CVC/CVV) or PayPal. If you choose to pay by card, the data entered will be stored directly on the servers of PAYCOMET S.L. or STRIPE Payments Europe Ltd. which are PCI/DSS level 1 certified companies, which guarantees the security of the payment procedure. The User may include the discount coupon code at this time, if applicable. Discount coupons are cumulative, unless expressly stated otherwise by BKOOL in the relevant promotion.

2.4. Once the billing information has been completed, the "3. Confirmation" screen will confirm the activation of the Free BKOOL Subscription to the User and its duration, as well as the corresponding links enabled to proceed to download the Bkool Cycling and Fitness application.

2.5. If the User is already registered with BKOOL, he/she must identify him/herself by means of his/her e-mail address and password and click on the button labeled "log in".

b) Premium Subscription

At the end of the 30-day period of the Free BKOOL Subscription, the User will have access to the functionalities of the BKOOL Cycling and Fitness Premium Subscription, and will be required to pay the corresponding amounts according to the billing method selected (annual or monthly).

The subscription in Premium mode will be renewed automatically and indefinitely for periods of equal duration to that initially selected by the User at the time of contracting.

3. Confirmation and modification of BKOOL Subscription

The User will receive, at the e-mail address provided in the registration form, an e-mail confirming the successful completion of the purchase process. Should the User wish to modify his or her BKOOL Subscription (billing address, payment method, subscription periodicity), he or she may do so from the subscription screen. Likewise, the User of the Free BKOOL Subscription may select on said screen the possibility of upgrading the BKOOL Subscription to Premium and the User who has already purchased the BKOOL Premium Subscription may upgrade it by registering for the subscription to the Giro d'Italia Virtual (through https://www.girovirtual.com) for which the User must register by accepting its Terms of Use and Privacy Policy.

All BKOOL subscriptions are personal and non-transferable for the User who formalizes them, who may not assign or transfer them to any third party.

4. Cancellation

The User of a Free or Premium BKOOL Subscription may cancel his or her account at any time. The cancellation of the Subscription shall take effect (i) upon termination of the BKOOL Free Subscription; (ii) or on the applicable payment renewal date in the case of the BKOOL Premium Subscription.

5. Password

The registered User will be responsible at all times for the custody of his/her password, assuming consequently any damages that may arise from its misuse, as well as the transfer, disclosure or loss of it. To these effects, the access to restricted areas and/or the use of the services and contents of the Website carried out under the password of a registered User will be considered to be carried out by such registered User, who will respond in any case of such access and use.

6. Correction and identification of data entry errors

When the User forgets to fill in any information marked as mandatory with an asterisk, he/she will not be able to advance in the contracting or validation process until he/she has completed it. A message on the screen will warn him/her of this circumstance. The User will be able to review and modify the data of the order before finalizing it.

7. Deleting an account

The User may delete his/her account at any time by clicking on the following Link. The User must accept the deletion of the account and ReCAPTCHA, and BKOOL will unsubscribe the User within a maximum period of 10 days and will receive an email when the process has been completed. BKOOL will delete the data associated with the account, without prejudice to retaining the personal data necessary to comply with the legal retention periods in accordance with the provisions of the data protection regulations. For more information, please visit our Privacy Policy.

8. Price

The prices indicated in respect of the BKOOL Subscription include, unless expressly stated otherwise, Value Added Tax (VAT). In the event that the BKOOL Subscription is purchased by a User who is not a resident of the European Union, the price shall not include VAT.

The prices and currencies that will be shown to the User will vary according to their geographical location, which will be automatically determined according to the IP from which they access the Website (United Kingdom: Pound Sterling; rest of the European Economic Area and South Africa: Euro; rest of the world: US Dollars). Such prices, unless expressly stated otherwise, do not include any other additional and/or complementary services to the Subscription purchased.

9. Supported means of payment

BKOOL supports the following payment methods:

  • Credit card.
  • Payment through PayPal.

BKOOL only accepts the following credit cards as means of payment: Visa or Visa Electron, Mastercard, American Express.

Online payment by credit or debit card is made through a security system that encrypts the User's bank details when they are transmitted over the Internet.

Payment by PayPal shall be made in accordance with the contracting conditions established by PayPal Spain, S.L., available on its Website, and BKOOL shall not be liable in any case for any incidents arising from this payment service.

10. Sending invoices

The User acknowledges and accepts that BKOOL will only send invoices to the e-mail address provided during the registration process, and only upon written request by the User to the e-mail address: administracion@bkool.com. Invoices shall only be available in English and Spanish.

11. Right of withdrawal

a) Premium Subscription (monthly)

In accordance with the provisions of Article 103.m of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the Spanish General Law for the Defence of Consumers and Users ("TRLGDCU") and other complementary laws, the User may not withdraw from the contract for the supply of digital content not provided on a material medium, when the execution has begun with the prior express consent of the User with the knowledge on his/her part that as a result he/she loses his right of withdrawal.

In the case of BKOOL, this circumstance affects the monthly Premium subscription, since its execution begins after its contracting has been formalized, which the User knows and accepts.

b) Premium Subscription (Annual)

Pursuant to the provisions of Article 102.1 of TRLGDCU, the User may withdraw from the annual Premium Subscription within fourteen (14) days of contracting the Premium Subscription with BKOOL. Once the request has been received, BKOOL shall refund the full amount paid by the User within a maximum period of fourteen (14) days from receipt by BKOOL of the User's request to execute his/her right of withdrawal; this request must in any event be sent through the Support center. No refund request made by the User directly to the Credit Card Company with which payment of the subscription has been made will be processed without having informed BKOOL. The refund shall be made using the same means of payment used by the User for the initial subscription.

12. Complaints, claims and requests for information

The User may address any complaints, claims or requests for information to the BKOOL Customer Support Service, using for this purpose: Support Center: Support center.

BKOOL will respond to the complaints received as soon as possible and in any case within a maximum period of one month from the submission of the complaint.

BKOOL shall provide the User with an identification code and written proof, by e-mail, so that the User has a record of his or her complaint or claim.

BKOOL has official complaint/complaint forms available from BKOOL Customer Service.

13. Special offers and promotions

BKOOL may launch temporary offers and promotions applicable to your Premium Subscription. The terms and conditions of such offers and promotions, when active, may be consulted in the FAQs section of the Website, available here.

The User may also invite a friend to register with BKOOL by providing BKOOL with his or her e-mail address. The User must guarantee that he/she has been authorised by his/her friend to provide BKOOL with his/her e-mail address. For further information please visit our Privacy Policy.

14. Validity of contract conditions

The terms and conditions applicable to the purchase of BKOOL Subscriptions are those in effect at the time of purchase.

In the event of modification of these terms and conditions, it shall be understood that the User accepts them if he/she does not cancel the automatic renewal of his/her BKOOL Subscription, once he/she has been informed of the modification of these terms and conditions.

15. Nullity and ineffectiveness of the clauses

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects, and such provision shall be considered totally or partially as not included.

16. Right of exclusion

BKOOL reserves the right to restrict and/or deny access to the Website, without prior notice, to e-mails with certain domains, or to users from certain countries, by law, judicial or administrative order, or for reasons of security of the company itself, its infrastructure or its services or for business reasons.

17. Applicable law and jurisdiction

These General Terms and Conditions shall be governed by and construed in accordance with Spanish law. In the event of litigation between BKOOL and the User, both parties shall submit to the courts and tribunals that are competent in each case by virtue of the provisions of the mandatory consumer regulations.

18. Out-of-court dispute resolution

BKOOL reserves the right to file the civil and/or criminal actions it deems appropriate for improper use of its Website and contents or for breach of these Conditions.

Without prejudice to the option available to the parties to voluntarily submit to the online dispute resolution system mentioned in the following section, the relationship between the User and BKOOL shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or resort to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this respect, with submission to the forum of the consumer's domicile.

Notwithstanding the foregoing, in accordance with Regulation (EU) 524/2013, the European Commission provides a free access platform for out-of-court online dispute resolution for electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties can voluntarily submit, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between the two parties.

Link to the complaint form:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES

Link to the search engine for dispute resolution organizations:

https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

19. Prevalence of Spanish language version

In the event of any discrepancy between the Spanish language version of these General Conditions and any version of the same in another language, the provisions of the Spanish language version shall prevail.

20. Use of Apps

By downloading or using the application, you automatically agree to these terms. Be sure to read them carefully before using the app. You should be aware that you are not authorized to send it to anyone else or to copy or modify the App, or any part of it, or our trademarks in any way. You must not attempt to extract the source code of the application, translate the application into other languages or create derivative versions. The App and all related trademarks, copyrights, database rights and other intellectual property rights shall remain the property of BKOOL Connect Sport.

Please note that if you use the application outside of a Wi-Fi hotspot, the terms of your contract with your mobile network service provider will apply. Accordingly, your mobile service provider may apply charges for data consumed while connected when accessing the App, as well as other third party charges. If you use the App, you accept responsibility for such charges, including roaming data charges if you use the App outside your home territory (your region or country) without turning off data roaming. In the event that you are not the person responsible for paying the charges for the device on which you use the app, we will assume that you have received your permission to use the app.

Version 3.0 of the General Terms and Conditions dated June 27, 2022