General Terms of Membership of More Sports Club
Last updated: March 4, 20251.1. These More Sports Club General Terms of Membership (“Terms”) apply to all contracts between More Sports Club L.L.C., Gonxhe Bojaxhiu 25, Çagllavice, 10000 Prishtine, Kosovo, Business number: 812254291 (“More Sports Club”) and customers of More Sports Club (“Members”) who are consumers, i.e., persons who do not enter into a legal transaction for predominantly commercial or self-employed purposes, and to whom More Sports Club grants access to the More Sports Club platform (www.moresportsclub.com) including all associated websites, applications and services (collectively, the “Platform”).1.2. Members can make use of various sports offers via the Platform (“Sports Offers”). Sports Offers are generally offered by cooperation partners of More Sports Club or by affiliated companies of More Sports Club such as sports facility operators, fitness studios and other third parties (“Partners”) under their own responsibility (“Third-party Offers”). As far as expressly marked as such, More Sports Club also offers Sports Offers itself (“Own Offers”).1.3. These Terms apply to all application documents and application processes via a membership agreement conducted online, via email or via an App and agreed upon between More Sports Club and the Member (each, a “Membership”). These terms and conditions become part of each Membership.1.4. More Sports Club provides the Member with the opportunity to take advantage of Sports Offers via the Platform. If the Member makes use of a Third-party Offer, the contractual agreements between the Member and the respective Partner apply exclusively. More Sports Club does not become a contractual partner of the Member and is therefore not responsible for the content, scope and fulfillment of the Third-party offer by the Partner.1.5. The Partners are not representatives or vicarious agents of More Sports Club and More Sports Club is not a representative or vicarious agent of the Partners. More Sports Club is not obligated to receive inquiries and complaints from the Member regarding Third-party Offers, to forward notices from the Partners regarding Third-party Offers to the Member, or to mediate between the Member and the Partners.1.6. These Terms also apply to future contracts between More Sports Club and the Member, without the need for a corresponding notice by More Sports Club in individual cases. These Terms shall be deemed to be confirmed by the Member at the latest when the Member uses the Platform.1.7. Individual agreements with the Member in special cases take precedence over these Terms.1.8. All notifications and declarations that the Member submits to More Sports Club, in particular notices of termination and setting of deadlines, must be submitted at least in text form (for clarification: a simple e-mail is sufficient), unless otherwise specified in these Terms.2. Use of the Platform | Free Trial
2.1. In accordance with the Membership, More Sports Club grants the Member, in return for the payment of a Membership Fee, the use of the Platform to the extent specified in the Membership.2.2. More Sports Club will endeavor to provide as broad and varied a program of Sports Offers as possible. However, the Member is not entitled to any particular Sports Offers or any particular minimum number, scope or type, form or quality of Sports Offers or to have sports offerings in a presence on site.2.3. For a period to be determined by More Sports Club in its sole discretion, More Sports Club may grant the Member limited use of the Platform free of charge for trial purposes (“Free Trial”). More Sports Club has the right to reduce, limit or otherwise modify the scope of services provided for Free Trial at any time without prior notice. The Free Trial does not constitute a warranty for (future) product features. According to the terms agreed upon in the Membership, the Free Trial may end and automatically turn into a paid Membership.2.4. More Sports Club is entitled to use subcontractors to fulfill its contractual obligations.3. Membership Account | Establishment of a Membership | Tariff Change
3.1. In order to use the Platform, the Member must create a member account by accepting these Terms, entering certain personal data in a registration form provided online by More Sports Club and setting a password of his/her choice (“Member Account”). Thereafter, the Member must apply for a Membership with More Sports Club through the Member Account. Offers of More Sports Club about Memberships are not binding. By sending the application, the Member makes a binding offer to conclude a Membership.3.2. The application process includes the following steps: Selecting a rate, reviewing and/or correcting the selection, entering the relevant data, selecting the payment method and bindingly submitting the application by clicking an application button. The Member’s application only becomes a binding Membership for both parties when More Sports Club confirms the acceptance of the application to the Member in an email (“Application Confirmation”). The Application Confirmation also contains further information about the Member’s application and an application number.3.3. The use of a Membership requires that the Member is of age (18 years or older) and has a profile photo stored in her/his Member Account, which allows its clear identification, especially by Partners.3.4. The Member has the option at any time to switch her/his Membership to a tariff with a lower or higher scope of services, in the former case with effect from the next billing period, in the latter case, at the Member’s discretion, either with immediate effect or with effect from the next billing period.3.5. The Member is obliged to provide complete and accurate information when creating the Member Account. The Member is also obliged to keep the data in her/his Member Account up to date and is responsible for its accuracy and completeness. The Member is obliged to notify More Sports Club immediately of any changes to such data.3.6. The Member may only maintain a single Member Account.4. Perceiving Sports Offers
4.1. In accordance with the Membership, the Member is given the opportunity to take advantage of certain Sports Offers via the Platform. The Member does not incur any fees in addition to the Membership Fee. This does not apply to additional fees that have been expressly pointed out to the Member in advance or to fees charged by the Partner for the provision of additional services (e.g., provision of training equipment or training devices).4.2. Third-party Offers are generally carried out by the Partners in the form of on-site presence, virtual livestream and/or video-on-demand. Own Offers are generally carried out by More Sports Club as a virtual livestream and/or as video-on-demand.4.3. The Member should check in advance whether she/he meets the requirements for participation in a Sports Offer by having the appropriate qualifications, skills and physical condition. In case of doubt, the Member should consult a doctor before participating in a Sports Offer.5. Membership Fees | Payment Terms | Billing
5.1. The Member is obligated to pay the membership fee specified in the Membership to More Sports Club (“Membership Fee”). The Membership Fee is to be paid in advance at the beginning of each billing period.5.2. All Membership Fees are inclusive of statutory value-added tax.5.3. The Membership Fee can be paid by the payment methods offered in the Platform. More Sports Club reserves the right to exclude certain payment methods in general or for individual Members.5.4. If the Member is in default with the payment of the Membership Fee, More Sports Club is entitled to charge the statutory default interest and a reasonable reminder fee.5.5. If the Member is in default of payment of the Membership Fee for two consecutive months, More Sports Club is entitled to terminate the Membership without notice for good cause.6. Term | Termination | Suspension | Continuation
6.1. Unless otherwise agreed in the Membership, the term of the Membership begins on the date specified in the Application Confirmation.6.2. Unless otherwise agreed in the Membership, the Membership is concluded for an indefinite period and can be terminated by either party with one month’s notice to the end of the current billing period.6.3. The right of both parties to terminate the Membership for good cause remains unaffected.6.4. Any termination must be declared at least in text form (a simple e-mail is sufficient).6.5. The Member has the option to suspend the Membership for a period of up to 2.5 months per year of Membership. The suspension can be requested via the Member Account or by contacting customer service. During the suspension period, the Member’s payment obligation is suspended and the Member cannot use the Platform.7.1. The Member has the following right to withdraw from the contract:Information about the Right of WithdrawalYou have the right to withdraw from this contract within fourteen (14) days without giving any reason.The withdrawal period is fourteen (14) days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, More Sports Club L.L.C. (registered office: Gonxhe Bojaxhiu 25, Çagllavice, 10000 Prishtine, Kosovo; e-mail address: contact@moresportsclub.com), of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter or e-mail).In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of the withdrawalIf you cancel this contract, we will reimburse you for all payments we have received from you, without undue delay and at the latest within fourteen (14) days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.If you have agreed that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.8. Member Obligations and Prohibited Activities
8.1. The Member will not: (i) use or attempt to use another person’s personal More Sports Club account; (ii) copy, modify or create derivative works of the Platform or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; (v) collect, use, copy, or transfer any information obtained from the Platform without the consent of More Sports Club; (vi) use bots or other automated methods to use the Platform; (vii) create a More Sports Club account using a fake identity or an identity of another person; or (viii) access the Platform except through the interfaces expressly provided by More Sports Club.8.2. More Sports Club is, at its sole discretion, entitled to remove or suspend a Member from the Platform with immediate effect and/or refuse or cancel any Orders from a Member if: (i) the Member abuses the Platform or causes any harm or detriment to the use of the Platform or the Partners or More Sports Club or More Sports Club’s employees, (ii) More Sports Club has reasonable belief of fraudulent acts by the Member when using the Platform, (iii) the Member fails to comply with his obligations arising from these Terms of Service; or (iv) the Member engages in threatening, harassing, racist, sexist or any other behavior that More Sports Club deems inappropriate towards Partners or More Sports Club’s employees.9. Defects and Complaints
9.1. The Platform may at any time be interrupted or permanently discontinued. The Platform may also be temporarily suspended. Do not use the Platform for backing up any data. While we do our best in providing you our platform and services error-free, More Sports Club does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Platform, its features or any service offered by More Sports Club. More Sports Club does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.9.2. The Partner is solely liable for the contents, quality, safety and any defects in their services sold through the Platform. You are responsible for inspecting the services without undue delay. If there are any defects or other quality shortcomings in the services, then you should contact either the customer service of More Sports Club, acting on behalf of the Partner, or the Partner directly and include a clear description of the defects or shortcomings.9.3. More Sports Club is not responsible for the information provided by the Partner on the Platform and does not give any warranty on the availability, quality or suitability of the services.10. Limitation of Liability
10.1. More Sports Club is liable without limitation for (a) injury to life, body or health by More Sports Club, More Sports Club legal representatives or vicarious agents; (b) damage caused intentionally or by gross negligence by More Sports Club, More Sports Club legal representatives or vicarious agents; and (c) damage due to the absence of a guaranteed property.10.2. More Sports Club is liable for damages resulting from the breach of cardinal obligations by More Sports Club, More Sports Club legal representatives or vicarious agents. Cardinal obligations are those obligations whose fulfillment makes the proper execution of the contract on the Membership possible and on whose compliance the Member regularly relies and may rely. If the violation of cardinal obligations is caused by slight negligence of More Sports Club, the liability of More Sports Club is limited to the amount that was foreseeable for More Sports Club at the time of the provision of the respective service.10.3. Subject to the regulations in section 10.1 and 10.2, More Sports Club shall not be liable for damages resulting from the breach of obligations that do not constitute cardinal obligations and that were caused by slight negligence by More Sports Club, More Sports Club legal representatives or vicarious agents.10.4. More Sports Club does not vouch for the fact that the Member achieves a certain training success by using the platform. Participation in Sports Offers is at the Member’s own risk and should only take place after prior medical consultation.11.1. The controllers of the personal data collected about Members are More Sports Club. More Sports Club shall process any personal data collected from the Member in accordance with More Sports Club Privacy Statement.11.2. For more information about how we process your personal data, please see our Privacy Statement available on our website.12. Applicable Law and Dispute Resolution
12.1. These Terms of Service shall be governed by and construed in accordance with the laws of Kosovo.12.2. If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.12.3. Disputes arising from these Terms of Service shall be resolved by the competent courts of Kosovo. A consumer may, however, always institute proceedings in the competent court of its domicile.13.1. These Terms of Service are subject to amendments.13.2. More Sports Club shall publish the amended Terms of Service at the More Sports Club Website. More Sports Club shall inform the Member of any changes that are material by nature on the Platform or by email to the email address submitted to the Platform by the Member. If the Member does not agree to any amended Terms of Service, they shall discontinue the use of the Platform.14.1. More Sports Club shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to More Sports Club Service without the Member’s prior consent.14.2. The Member shall not be entitled to assign any of its rights or obligations hereunder in whole or part.Gonxhe Bojaxhiu 25, ÇagllaviceBusiness number: 812254291Email: contact@moresportsclub.comWebsite: www.moresportsclub.com