Terms and conditions
Article 1 Definitions
- Daisy & Goliath B.V., established in The Hague, Chamber of Commerce number 82491421, is referred to in these general terms and conditions as Daisy & Goliath.
- The person participating in a program is referred to as a participant.
- Program refers to all (online) offers by Daisy & Goliath via different brand names (Work On Your Terms being one of them)
- The agreement refers to the agreement of the assignment on the basis of which Daisy & Goliath makes content available to the participant against payment of fee and costs and whereby the general terms and conditions have been declared applicable.
Article 2 Applicability of general terms and conditions
1. These terms and conditions apply to all offers, invoices, activities, agreements and delivery of services and products by or on behalf of Daisy & Goliath to which it has declared these terms and conditions applicable, insofar as these terms and conditions have not been explicitly deviated from in writing.
2. The most recently sent version of these general terms and conditions is always applicable.
3. Daisy & Goliath has the right to change these conditions unilaterally if it deems this necessary. The new conditions will be communicated to the participant before they come into effect.
4. These general terms and conditions also apply to third parties engaged by Daisy & Goliath in the context of the assignment.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or should be destroyed, the other provisions in these general terms and conditions will remain fully applicable.
6. If Daisy & Goliath allows deviation from these general terms and conditions, this does not affect its right to demand immediate and strict compliance with the other provisions.7.
Article 3 Complaints
- The participant is obliged to report complaints about invoices and / or the services provided to Daisy & Goliath as soon as possible, but no later than 7 calendar days after the complaint has arisen, in writing and with reasons, by sending an e-mail to email@example.com.
- If a defect is reported later, the participant has an absolute right to repair, replacement or compensation.
- Daisy & Goliath strives to send a notification of receipt of the complaint within one working day and to handle the substantive complaint within one week.
- Submitting a complaint does not suspend the payment obligation.
Article 4 Dispute resolution
- These general terms and conditions are governed by Dutch law.
- The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
- All disputes will be settled by the competent court in the district in which Daisy & Goliath is located.
- Contrary to the statutory limitation periods, the limitation period for all claims and defenses against Daisy & Goliath and third parties involved is 12 months.
Article 5 Offer
1. Daisy & Goliath cannot be held to its offer if the participant could reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
2. If the offer is accepted and the program is purchased online, the participant is immediately obliged to pay.
Article 6 Rates and payments
- The prices stated on the website are exclusive of VAT, unless explicitly stated otherwise.
- With the purchase of a program, the obligation to pay arises, even if the entire program is not followed or the content made available is used.
- Participant will only gain access to the content after full payment of the agreed amount.
- If a program is purchased, the participant will be automatically registered in the database to receive newsletters. It is possible to unsubscribe at any time.
- The rates agreed when entering into the agreement are based on the price level applied at that time. Daisy & Goliath has the right to adjust the fees when giving a program again. It also has the right to adjust the price in the run-up to a program for promotional purposes.
- If the participant fails to pay an invoice in time, the participant is in default by operation of law and owes statutory interest after sending a reminder or notice of default once. The interest on the due amount will be calculated from the moment that the participant is in default until the moment of payment of the full amount due.
- If the participant is in default or omission in the fulfillment of his obligations, all reasonable costs incurred in obtaining settlement out of court will be borne by the participant.
- If payment in installments is agreed, Daisy & Goliath is entitled to suspend the agreement until a subsequent payment has been made.
- If the participant fails to pay on time, access to the content will be denied.
Article 7 Execution of the agreement
- It is not possible to register a program if the age of 18 has not yet been reached.
- Daisy & Goliath will perform the agreement to the best of its knowledge and ability. However, it is not responsible for not achieving the result that the participant intended with the purchase.
- Because Daisy & Goliath’s services are for the most part delivered online, it cannot guarantee that its services are available at any time at any location.
- Daisy & Goliath reserves the right to refuse a participant at any time
- The offer and the activities that are part of a program may change from time to time. Daisy & Goliath is entitled to expand, limit or modify the content.
Article 8 Provision of information
- Participant will make all information relevant to the execution of the assignment available to Daisy & Goliath in a timely manner.
- The participant guarantees the correctness, completeness and reliability of the information made available, even if it originates from third parties.
- Participant indemnifies Daisy & Goliath against any damage resulting from failure to comply with the provisions of this article.
- If the participant does not or not timely make the required information available and the execution of the assignment is delayed as a result, the ensuing consequences will be for the account of the participant.
Article 9 Liability for damage
- Daisy & Goliath is not liable for damage resulting from this agreement, unless the direct damage was caused intentionally or through gross negligence.
- The Participant remains responsible at all times for the application or execution of knowledge or actions as gained while following the content.
- In the event that Daisy & Goliath owes compensation to the participant for deliberately or through gross negligence causing direct damage, the damage will not exceed the amount charged by Daisy & Goliath in those three months prior to the occurrence of the damage.
- Participant indemnifies Daisy & Goliath against all claims from third parties related to the services and goods delivered by it.
Article 10 Intellectual property
- Unless otherwise agreed in writing, Daisy & Goliath retains all intellectual absolute rights, including copyright, on all data, information provided and content made available.
- Daisy & Goliath grants the participant a limited, personal, non-exclusive, non-sublicensable and revocable right to use a program for personal purposes. The content is meant to inspire, not copy.
- Shared content may not be copied, shown to third parties, made available, resold or used in any other way without written permission from Daisy & Goliath. Participant may share parts of the content on social media to a limited extent if this material is provided with Daisy & Goliath’s name.
- The participant is also not permitted to use the written documentation belonging to the program or membership, including worksheets and attachments, for purposes other than personal use.
- If this article is infringed, copyright will be infringed. In such a case, Daisy & Goliath is entitled to invoice the participant for the damage suffered and, if justified, to exclude it from participation.
- The information and services provided during the term of the agreement remain the property of Daisy & Goliath. She will indicate in time until when the content is available. It is the participant’s own responsibility to view the material on time and where it is possible to save it.
- Content that is offered for life means as long as Daisy & Goliath exists, or the platform on which the content is offered. In such a case, Daisy & Goliath cannot be held responsible for not going through the content completely.
Article 11 CommunicationBoth parties are bound to secrecy of all confidential information obtained in the context of their agreement. Participants are referred to the privacy statement for more information.
- While participating in a program, participants can communicate with each other, for example by posting reactions in the community under posts. The participant declares not to send spam or otherwise unwanted communications. Acting in violation of these terms and conditions may result in immediate denial of access and use of Daisy & Goliath’s services.
3. Daisy & Goliath is at all times free to remove communications or other parts of the shared information without further notice, if the content of this communication and information justifies its removal.
- Daisy & Goliath reserves the right to exclude participants whose behavior obstructs or complicates the course of a program from further participation and if necessary, from future participation. Exclusion does not affect the obligation to pay the costs for the content concerned.
Article 12 Content and duration of the program
- The program duration varies per program and can be followed at your own discretion and pace, as long as the content is made available.
- The participant retains access to the content of the program for at least 1 calendar month, in which it can be viewed without restriction, unless otherwise agreed. The participant is responsible for going through the content in a timely manner.
- If necessary, the content of the program will be regularly updated.
Article 13 Changes and cancellation
1. Participant will receive access to the program after purchase. The program is therefore excluded from the right of withdrawal, which means that the participant does not have the option to cancel the purchase with a refund of the purchase amount. The Participant does have the right to terminate the agreement to purchase a program within 14 calendar days after purchase if the Participant can demonstrate that the content does not meet the expectations that the Participant could reasonably have. Assessment of this is solely due to Daisy & Goliath.
2. Participation in a program is personal, so that only one login account can be linked to a purchase. If the purchaser wishes to give the program as a gift, this must be communicated by e-mail to firstname.lastname@example.org immediately after purchase.
3. In case of unforeseen circumstances, Daisy & Goliath has the option to interrupt, move or cancel a program. Unforeseen circumstances include in the event of illness and circumstances that arise with regard to materials that are necessary for the proper performance of the agreement. Daisy & Goliath will notify the participant of a change as referred to in this paragraph as soon as possible and a suitable solution will be sought.
Company detailsDaisy & Goliath B.V. is registered with the Chamber of Commerce under number 82491321. By address:Volga 9d Unit 2305 2491BK The Hague www.workonyourterms.company. email address: email@example.com