Article 1 – Definitions
In these general terms and conditions, the following terms are defined as follows:
Agreement: means the agreement entered into by the Participant with Survival Dutch relating to the Online Course (e.g. by accepting the offer to take a Survival Dutch Online Course).
Fee: means the fee to be paid by the Participant in order to follow the Online Course.
In Writing: means by letter, email, Facebook Messenger or Instagram Messenger.
Participant: a person that has entered into an Agreement with Survival Dutch to follow the Online Course.
Potential Participant: means the person who is interested to follow the Online Course.
Online Course: means a Dutch online course or training or tailored Dutch online course provided by Survival Dutch that is accessible for a period of four weeks and includes a weekly Zoom Session of one hour and four online videos that will be uploaded each week.
Survival Dutch: means a Dutch company, registered with the Dutch Chamber of Commerce under number 7099914.
Terms and Conditions: these general terms and conditions applicable to the Online Courses.
Zoom Session: means one of the weekly Zoom sessions as part of the Online Course.
Article 2 – Applicability
2.1 These Terms and Conditions apply to all Agreements between Survival Dutch and the Participant, all agreements ensuing from or relating to them, and all Dutch Online Courses related offers provided by Survival Dutch.
2.2 If the Participant were to refer to other terms and conditions in the Agreement, or any other correspondence with regard to the Agreement, their applicability is explicitly rejected. Any provisions in other terms and conditions do not detract from the above provisions.
2.3 Deviations from and/or additions to the Agreement or any provision of the Terms and Conditions apply only if Survival Dutch has accepted these explicitly in Writing, signed by the person(s)
authorised to do so, and are related only to the relevant agreement. Any deviation or addition accepted by Survival Dutch will not create a precedent, and the Participant cannot derive any rights from it for any future agreements.
Article 3 – Commencement of the Agreement
3.1 The Agreement comes into effect on the date that the (Potential) Participant accepted, in Writing, Survival Dutch’s offer to follow the Online Course.
3.2 An offer by Survival Dutch is only valid for the period it specifies. If the offer is not accepted within this term, the offer lapses unless Survival Dutch sends information in Writing that the offer is still valid.
3.3 Survival Dutch may deny the Participant access to the Online Course, (including but not limited to ‘the Survival Dutch Academy’ Instagram page, the Facebook page ‘Survival Dutch Community’ and/or the Zoom Sessions) if he or she is in default by reason of non-payment or overdue payment of the Fee, or for other breaches of the Agreement.
Article 4 – Intellectual Property
4.1 Survival Dutch owns all Online Course rights, including intellectual property rights, with respect to but not limited to the videos and the course material. Only Participants can make use of these, and Participants are not permitted to record, reproduce, sell, make public or use the Online Course material, in any form or by any means, without the prior permission in Writing of Survival Dutch, signed by the persons authorised to do so.
4.2 Without prejudice to the right of Survival Dutch’s to claim full compensation, the Participant is liable to pay Survival Dutch a fine equal to four times the Fee for each violation, in case of a violation of article 4.1 of these Terms and Conditions.
4.3 Subject to article 4.4 of these Terms and Conditions, Survival Dutch reserves the right to photograph, film and/or record (one of) the Zoom Sessions. Photos and videos from the Zoom Sessions may be used for future promotional material by Survival Dutch. By entering into the Agreement and attending one of the Zoom Sessions, the Participant grants the right to Survival Dutch to use any images in which the portrait of the Participant is present for future promotional material by Survival Dutch.
4.4 In the event that a Participant opposes to the use of any images in which the portrait of the relevant Participant is present, the Participant should inform Survival Dutch in Writing prior to the date of the relevant Zoom Session.
Article 5 – Payment
5.1 Unless otherwise agreed, the Participant is required to personally pay the Fee to Survival Dutch three days prior to the commencement of the Online Course. If another person or organisation pays the Fee, the Participant is still ultimately responsible for their payment.
5.2 The Fee must be paid via bank transfer (to KNAB account number IBAN NL04 KNAB 0257 1578 91) or another manner if explicitly agreed by Survival Dutch in Writing.
Article 6 – Postponing Zoom Sessions
6.1 Survival Dutch is entitled to postpone or reschedule (one of) the Zoom Sessions (e.g. due to teacher’s illness or absence). In the event of postponing or rescheduling, Survival Dutch will notify the Participant as soon as possible.
6.2 Following 6.1, Survival Dutch may decide not to reschedule (one of) the Zoom Sessions. Survival Dutch will then refund a pro rata part of the Fee to the relevant Participant(s), reasonably to be determined by Survival Dutch, without being liable to pay more or to provide other services.
6.3 Notwithstanding 6.1 and 6.2, Survival Dutch shall at all times be entitled to replace a teacher in case of sickness or for another reason.
Article 7 – Liability
7.1 Survival Dutch is liable for any damage suffered by the Participant as a direct consequence of a breach of contract in respect of the Agreement or any other culpable behaviour in executing the Agreement and/or Online Course by Survival Dutch, provided that the compensation can never exceed the amount equal to the Fee.
7.2 Survival Dutch is not liable for any other damages suffered by the Participant that does not fall within the scope of 7.1, save for damages that is covered by Survival Dutch’s liability insurance.
Article 8 – Termination
8.1 Each Agreement terminates by operation of law four weeks after the commence date of the relevant Online Course, which is usually on a Monday as a consequence of which the Participant will no longer have access to the Survival Dutch Academy’ Instagram page and the online videos. The Participant remains to have access to the Facebook page ‘Survival Dutch Community’.
8.2 The Participant may, before watching one of the Online Videos and at latest 24 hours prior to the first Zoom Session of the Online Course, terminate the Agreement in Writing. Survival Dutch will then refund the paid Fee.
8.3 In the event that the Participant terminates the Agreement within 24 hours prior to the first Zoom Session of the Online Course and/or after watching one or more of the Online Videos, Survival Dutch will not refund the paid Fee.
8.4 Survival Dutch has the right to cancel the Online Course if implementing the Agreement poses objections for Survival Dutch. Survival Dutch aims to take the decision to cancel an Online Course at least one week before the date of the first Session.
8.5 If Survival Dutch cancels the Online Course it will notify the Participant(s) of this in Writing as soon as reasonably possible.
8.6 If Survival Dutch cancels the Online Course, it will refund the Fee paid by the Participant(s), without being liable to pay more or provide other services.
Article 9 – Privacy and Data Protection
9.1 Survival Dutch complies with all relevant laws on privacy and personal data protection. In general, this means that Survival Dutch will only collect or process personal information for specific and lawful purposes, Survival Dutch will not collect more than it needs for those purposes or keep it for longer than necessary, Survival Dutch will do its best to keep it accurate, and Survival Dutch will keep it as safe as it can. The Privacy Statement – Dare to Speak (Online Course) of Survival Dutch may be viewed for more details.
Article 10 – Final Provisions
10.1 Survival Dutch reserves the right to change the Terms and Conditions in the event of a relevant change in circumstances. The changed terms and conditions will take effect 14 days after Survival Dutch has notified the Participant of the changes in Writing. A relevant change in circumstances includes changed legislation and regulations, changed insights, or obsolescence of the Terms and Conditions.
10.2 The court (rechtbank) of Amsterdam, the Netherlands or the domicile of the Participant has jurisdiction to settle at first instance any dispute arising out or in connection with the Agreement and/or to the Online Course, one of the Zoom Sessions or any related non-contractual obligations.
10.3 All disputes relating to the Agreement and/or to the Online Course, one of the Zoom Sessions or any related non-contractual obligations will be governed by Dutch law.