These terms and conditions (hereinafter: “Terms and Conditions”) set out the terms and conditions that apply to every agreement with Women in Negotiation B.V. for use of the online group coaching program (hereinafter: “the Program”) offered by Women in Negotiation B.V. (hereinafter: “WIN”), unless explicitly agreed otherwise in writing.
WIN is located at Brinklaan 146 (1404GW) in Bussum, The Netherlands and registered with the Dutch Chamber of Commerce with registration number 78492521.
By entering into an agreement with WIN, you agree to be fully bound by this Agreement. Please read it carefully before starting the Program.
Capitalized terms used in this Agreement have the meaning set out in this article, in both singular and plural.
1.1 Account: Client’s personal account with which access to the Program can be obtained.
1.2 Agreement: the agreement between WIN and Client on the basis of which WIN will give Client access to the Program.
1.2.1 Client: each natural person who has entered into this Agreement with WIN.
1.3 Content: all Program Materials, websites, webinars, audio- and video files, software, (web) applications, concepts, images, texts, documentation, reports and (other) creations of the mind, as well as the data carriers on which the materials are located.
1.4 Program Materials: all educational Program materials, including all group calls and personal coaching calls, made available to Client through the Program and/or for the purpose of studying for the Program.
1.5 Intellectual Property: rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
1.6 Website: the website of WIN through which Clients can access the Program, accessible via the domain www.winprogram.org and each sub-domain belonging to it.
2. LICENSE FOR USE OF THE PROGRAM
2.1 WIN hereby grants to Client a limited license to use the Program and Program Materials made available to Client through the Program for its own personal use for the term of the Agreement. This license is strictly non-transferable. No rights are granted other than as expressly set forth in this Agreement.
2.2 Client must secure access to its Account by using the username and a strong password, which must be kept strictly confidential.
2.3 Client is not permitted to use the Program and Program Materials for any purpose that violates Dutch or other applicable law and regulations.
2.4 If WIN discovers that Client violates any of the terms of these Terms and Conditions, or receives a complaint alleging the same, WIN may decide to permanently delete Client’s Account and terminate the Agreement.
2.5 WIN may recoup from Client all damages it suffers as a result of Client’s violation of this Agreement. Client agrees to indemnify and hold harmless WIN from all third-party claims arising out of Client’s violation of this Agreement.
3. EXECUTION OF THE AGREEMENT
3.1 After conclusion of the Agreement, Client will gain access to the online environment of the Program, which is accessible through the Website via login on Client’s Account.
3.2 During the terms of the Agreement, WIN will provide the Program to Client in the form of webinars, audio and/or visual presentations, and group and personal coaching sessions.
3.3 By accepting the terms of this Agreement, Client commits and agrees to faithfully execute all of the lessons, homework assignments, challenges and other work in the Program to the best of their ability. Client further agrees to attend all scheduled Q&A and any personal coaching sessions included as part of the Program, to the best of their ability. Client also agrees to only engage with the WIN client community in a positive and respectful manner, and maintain confidentiality at all times.
3.4 Client also acknowledges that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort. Client is fully responsible for their successful completion of the Program and is fully responsible for own results. WIN will do its best to guide Client during scheduled contact and coaching sessions throughout the Program but is not responsible for or promise any actual results to Client.
3.5 WIN is authorized to engage third parties in the fulfilment of its obligations under the Agreement.
4. AVAILABILITY AND MAINTENANCE OF THE WEBSITE AND PROGRAM
4.1 WIN does not guarantee that the Website through which the Program can be accessed will be free from disruptions or defects at all times. WIN will make reasonable efforts to realize the uninterrupted availability of its systems, networks and the Website, but offers no guarantees in this respect.
4.2 As the Program is provided online, Client is responsible for acquiring its own appropriate internet access and suitable anti-virus protection.
4.3 WIN may recommend certain third-party products, services or software to Client (for example: Zoom or Facebook) to use specific parts of the Program. WIN is not responsible for the availability and functioning of the third-party products, services or software. Third party terms and conditions may apply to use of these.
5. PAYMENT OF FEES AND SUBSCRIPTIONS
5.1 Client’s license to use the Program is subject to payment of the applicable fees. All fees and prices are in euros and inclusive of VAT.
5.2 Fees must be paid in advance or according to the schedule as agreed with WIN. Payments of the fees can be made via the payment methods and instructions offered by WIN.
5.3 It is possible that WIN has awarded Client a specific payment term. If in this case Client does not meet its payment obligation(s) on time, WIN will inform Client of this, allowing Client a new period of fourteen (14) days to still meet these payment obligation(s). If payment is not made within this 14-day period, Client will owe the statutory interest on the outstanding amount and WIN will be entitled to charge the extrajudicial collection costs incurred by WIN in accordance with the statutory rules on collection. WIN may furthermore suspend and / or terminate services to Client upon its discretion.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 The Program, Program Materials and Website as well as all Content published by WIN is the Intellectual Property of WIN. None of these items may be copied or used without prior written permission of WIN, except and to the extent permitted by mandatory law or when expressly specified in this Agreement.
6.2 WIN has the right to implement technical measures to protect the Program and Program Materials against unlawful use and/or against use in a manner or for purposes other than as agreed and/or intended. Client will not remove these technical measures or have them removed or circumvent them or have them circumvented.
6.3 By accepting the terms of this Agreement, you agree and acknowledge that WIN may at any time reproduce and / or disseminate any testimonial(s) describing or otherwise referencing your experience participating in the Program, including specific results experienced by you over the course of this participation. WIN shall always endeavour to do so in an anonymized way, unless expressly agreed otherwise.
7.1 By using the Program, WIN obtains certain data provided by Client, including personal data. WIN respects privacy and personal data.
7.2 During the processing of personal data WIN adheres to the requirements of applicable data protection legislation, such as the General Data Protection Regulation.
8.1 The total liability of WIN shall be limited to the amount Client paid for use of the Program.
8.2 In no event shall WIN be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of (business) data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under the Agreement.
8.3 Unless performance by WIN is permanently impossible, WIN shall only be liable due to an attributable failure in the performance of the Agreement if Client properly issues a written notice of default to it without undue delay, granting WIN a reasonable term to rectify the breach, and WIN culpably fails to fulfil its obligations also after this term has passed. The notice of default must describe the breach as comprehensively and in as much detail as possible in order to give WIN the opportunity to respond adequately.
8.4 Any right to compensation is always conditional upon the damage being notified in writing to WIN by Client as soon as possible after it arises.
8.5 WIN shall have no liability to Client under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control (force majeure), including, without limitation, cybercrime, (distributed) denial of service attacks, failure of a utility service or transport or telecommunications network, war, riot, fire, flood, storm or unforeseeable default of suppliers.
8.6 In the event of force majeure, WIN shall be entitled to suspend its obligations under the Agreement, without this giving rise to any obligation to pay Client any compensation.
8.7 If the force majeure situation persists for more than three (3) months, the parties shall be entitled to dissolve the Agreement in writing, without this giving rise to any obligation on the part of WIN to pay compensation.
9.1 With respect to the information disclosed by and between the parties while using the Program, the parties shall accept the duty to observe strict confidentiality when the receiving party knows or should reasonably suspect that the information was intended to be confidential and/or may not be disclosed to the public.
9.2 Client shall not provide or make available any Content provided by WIN or any login member credentials to any third party, or use any Content provided by WIN or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program for any purpose.
10. TERM AND TERMINATION OF THE AGREEMENT
10.1 The term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Program fee, unless another starting date has been agreed in writing (in which case the latter will prevail).
10.2 Upon commencement of the term of this Agreement, Client will become enrolled in the Program, which Program will finish 10 weeks after its commencement.
10.3 Client may end its participation to the Program and terminate the Agreement at any time, by giving notice of termination to WIN at least one month in advance. Termination of the Agreement will not give Client the right to claim back any payments already made.
10.4 Notice of termination in accordance with the previous paragraphs must be given expressly, by giving notice of termination in writing to WIN’s customer service.
10.5 After termination of the Agreement, Client’s Account will be permanently deleted.
10.6 WIN is at all times entitled to block Client’s access to the Program (temporarily) and/or to dissolve or terminate the Agreement if Client acts in breach of the Agreement.
11. RIGHT OF WITHDRAWAL
11.1 Client will have the right to dissolve the Agreement with WIN within 14 days after gaining access to the Program, free of charge and without stating reasons.
11.2 Only the pro rata value delivered by WIN for providing of the Program and Program Materials during the 14-day period shall be charged to Client.
11.3 Client can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to WIN, within the withdrawal period, in writing.
11.4 As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Client shall delete all (copies of) downloaded Program Materials.
11.5 Any amounts already paid by Client (in advance) less pro rata value delivered will be refunded to Client as soon as possible, and in any case within 14 days after dissolution of the Agreement.
12. CHANGES TO TERMS
12.1 WIN may change or add additional terms and conditions to this Agreement at any time.
12.2 WIN shall announce through the Program or by e-mail to Client, any changes or additions at least thirty days before they become effective.
12.3 If Client does not want to accept a change or addition, Client may cease any further use of the Program and terminate the Agreement. Use of the Program after the date of effect shall constitute acceptance of the changed or added-to terms and conditions.
12.4 Changes to the Terms and Conditions based on legislation or regulations and changes of minor importance may take place at any time and do not have to be announced in advance. Nor do such amendments entitle the Client to terminate the Agreement.
13. MISCELLANEOUS PROVISIONS
13.1 The rights Client has under this Agreement are in addition to and do not affect the statutory rights and remedies Client has under applicable consumer protection law. In the event of conflict between this Agreement and applicable consumer protection law, the statutory rights under applicable consumer protection law shall prevail.
13.2 Unless rules of mandatory (consumer) law dictate otherwise, all disputes that may arise pursuant to or in connection with this Agreement and use of the Program and services by WIN are governed by the laws of the Netherlands and will be submitted to the competent Dutch court in the district where WIN has its registered place of business.
13.3 ‘Written/in writing’ in this Agreement also refers to e-mail communication, provided the identity of the sender and the integrity of the contents is adequately established.
13.4 WIN is entitled to transfer its rights and obligations under this Agreement to a third party who acquires the Program or the relevant business operations from it, in which case the Client may dissolve or terminate the Agreement immediately.
13.5 If any provision in this Agreement prove to be null and void, or otherwise unenforceable, this shall not affect the applicability of the Terms and Conditions as a whole. In such cases, WIN will adopt one or more new provisions that implement the intention of the original Terms and Conditions as much as possible.
13.6 For questions, complaints or comments Client can contact WIN by sending a message to email@example.com. WIN will handle messages as soon as possible and will send a substantive reply within 14 days calculated from the date of receipt. If WIN is unable to send a substantive reply within the aforementioned period, WIN will inform Client within aforementioned period with an indication on when a reply may be expected.
13.7 If Client is dissatisfied with the way in which WIN handled a complaint, Client may also submit this complaint to a designated arbitration board. This can be done at the European ODR platform set up for this purpose, which can be reached via https://ec.europa.eu/consumers/odr/.