Terms & Condition's
1. About this
Agreement
By accessing or using our
Service and the Website you agree to be bound by these terms and conditions
(Agreement).
In this Agreement:
“Goods” means goods available
for sale on our Website from time to time, including but not limited to
our Why Not 3 Training Program;
“Programs” refers to the
coaching or training events, sessions and seminars available for purchase from
our Website from time to time;
“Service” refers to the goods
and services (including Goods and Programs) provided by us as offered through
the Website from time to time;
“you” and “your” refer to each
customer and user of the Website;
“we”, “us” and “our” refer to
Why Not 3 (KVK nr: 64899632)
“Website” refers
to the website. This agreement applies to any
purchase of Service from the Website. Please read this Agreement carefully
before accessing or using the Website or purchasing our Service. By accessing
or using the Website or purchasing our Service, you agree to be bound by the
terms and conditions of this Agreement.
If you disagree with any part
of this Agreement, you should refrain from accessing or using this Website. We
may from time to time amend, update or change these terms and conditions of use
without prior notice.
1. Contract and
Price (a) All prices are in Euros
and inclusive of VAT, unless otherwise indicated.
(b) All payments must be
received before a Service is provided to you.
(c) Description of our Service
may be subject to change or correction at any time without notice. Although we
seek to ensure information is correct, we make no representation or warranty as
to information being accurate or complete. If we discover an error, we will try
to notify you as soon as possible and allow you to cancel your order and obtain
a refund if desired.
(d) By submitting an order you
warrant that:
(i) you are capable of
entering into a legally binding contract with us;
(ii) you are authorised and
able to make payment via the method you have chosen,
(iii) the information you have
provided is correct, and
(iv) your purchase is not made
for the purpose of commercial resale unless permission from us is received.
(e) A contract for purchase is
only formed once we have accepted an order by issuing a receipt number.
2. Delivery and
Shipping (a) Delivery of digital Goods
purchased from our Website will be immediate, available as a download.
(b) Sometimes a Good or
Program may become temporarily or permanently unavailable. We are not liable
for any loss arising from delays in delivery or failure to deliver (although
you may request a refund if you do not receive Goods properly ordered).
3. Refunds and
Cancellations (a) Once an invoice for a
Service has been paid, no refund will be issued for a change of mind. It is
important that you check with us to ensure that a Service that you are
interested in purchasing meets your requirements and expectations prior to
purchase.
(b) Should you receive
incorrect, damaged or faulty Goods, please contact us within 3 business days of
receipt and we will arrange, as appropriate and depending on availability, a
Goods exchange, credit or refund. We may require return to us of the Goods with
proof of purchase before actioning an exchange, credit or refund request. Any
refund will be made using your original payment method or another method at our
discretion.
(c) If you are unable to
attend a Program that you have purchased, you may nominate a replacement
delegate to attend in your stead. No refund will be issued.
(d) In relation to Programs
involving three or more sessions or events, should you cancel three or more
sessions purchased, we may refuse to offer to provide any further sessions to
you. If this occurs there is no refund.
(e) In the event that we are
unable to continue our Service, we will give you notice in writing and refund
the balance of funds, dependent upon use and once the refund has been issued,
you acknowledge we have no further liability in respect of the cancellation.
4. Conditions of
Use It is a condition of you using
this Website or Service that you do not:
(a) defame, abuse, stalk,
harass, threaten or otherwise violate the legal rights of
(b) falsely represent to
others that you or your association is affiliated or
(c) use, adapt, translate,
disassemble, reproduce, sell, resell or otherwise exploit others, including
rights relating to privacy; associated with us, the Website or the Service; the
information made available or published on the Website for commercial purposes
without our written consent; or
(d) access or attempt to
access information resources you are not authorised to use.
5. Indemnity You agree to indemnify, defend
and hold us and our employees, contractors, officers and directors harmless
from all liabilities, claims and expenses, including legal fees and court
costs, that arise directly or indirectly from:
(a) your breach of this
Agreement; or
(b) your activities in
connection with the Website.
6. No Warranties You understand and agree that:
(a) the Website and Service
are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of
any kind, expressed or implied;
(b) we make no warranty that
the Website or Service will meet your requirements, be uninterrupted, timely,
or error-free;
(c) any material downloaded
from the Website is done at your own risk and you are solely responsible for
any damage to your computer system or loss of data as a result from the
download; and
(d) no advice or information
obtained by you from or through us or the Website shall create any warranty.
7. Limitation of
Liability You understand and agree that
we shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages including but not limited to, damages for
loss of profits, goodwill, data or other intangible losses resulting from:
(a) the use or the inability
to use the Website;
(b) the unauthorised access to
or alterations of your transmissions or data;
(c) activities resulting from
the loss or misuse the Website;
(d) statements or conduct of
any third party on the Website; or
(e) any other matter relating
to the Website or Service.
Before relying on the
information or material on this Website, users should carefully make their own
evaluation of its accuracy, currency, completeness and relevance for their own
purposes. Professional advice should be sought that is relevant to your
particular circumstances.
In some cases, material on the
Website may incorporate or summarise opinions and/or recommendations of third
parties. This material has been assembled in good faith, but does not
necessarily reflect our considered views or indicate our commitment to any
particular course of action.
8. Interference We are not liable for
interference with or damage to your computer system(s) in connection with the
use of this Service, Website or a linked website. You must take your own
precautions to ensure that whatever you select for use from this Website is
free from viruses or anything else that may interfere with or damage the operations
of your computer systems.
9. Copyright All material on this Website
is copyrighted. Apart from any use permitted under the – 19 APRIL 2014. – Wet
houdende invoeging van boek XI, “Intellectuele eigendom” in het Wetboek van
economisch recht (Belgium), all other rights are reserved. Individuals or
organisations wishing to publish or reproduce any materials for commercial,
educational or other uses are requested to contact us for further information.
The Website and materials used
in the Services may contain material in which third parties own the copyright.
Copying such material may infringe the rights of others.
10. Branding The “Why Not 3” brand, Website
brand and brands relating to our Services are our intellectual property and any
unauthorized use is prohibited. Other product and company names mentioned on
this Website may be the trademarks of other people or entities.
11. Disclaimer We have used our best
endeavours to ensure that the information contained on the Website is true and
accurate. We monitor the quality of the information available on the Website
and update that information regularly. However, we (including our directors,
officers, employees, agents and related entities responsible for maintaining
the Website) accept no responsibility and disclaim all liability in respect of
any errors, inaccuracies or misstatements contained on the Website. You should
make your own inquiries to verify information stated on the Website.
All information available on
the Website, including but not limited to information relating to third party
service providers, publications, guides and general information relating to
coaching and training displayed on the Website are current at the time of
issue. Such information may change at any time and is subject to any updated
information we receive.
The material on the Website is
general in nature and is not a substitute for professional advice. It is made
available on the understanding that we are not thereby engaged in rendering
professional or financial advice through any statements made on the Website.
Before relying upon any
material set out on the Website, you should carefully evaluate its accuracy,
currency, completeness and relevance for your purposes and should, if
necessary, obtain professional advice relevant to their particular circumstances.
You should obtain advice from a qualified legal practitioner and financial
adviser before making any legal or financial decisions.
In some cases, the material
set out on the Website may incorporate or summarise views, guidelines or
recommendations of third parties. Such material is assembled in good faith, but
does not necessarily reflect our views or indicate a commitment to a particular
course of action.
Links to other websites are
inserted for convenience and do not constitute endorsement of material at those
websites, or any associated organisation, product or service. We are not
responsible for the privacy practices or the content of such websites.
Furthermore, we accept no responsibility for material contained in any website
that links to the Website.
By virtue of browsing or
accessing the Website, you have accepted the laws of the Netherlands,
commercial law as the law governing the conduct and operation of the Website.
In this respect, the courts of the Netherlands (depending on where the main operations
are that year) will have exclusive jurisdiction over all claims or
disputes arising in relation to, out of, or in connection with the Website or
its use.
12. Territory
court You agree to make the Dutch
(Netherlands) courts responsible to judge for any issues arising Why Not 3 (
KVK nr.:64899632). Including, but not limited to:
(a) your breach of this
Agreement; or
(b) your activities in
connection with the Website.
13. Changes to
this Agreement We may modify this Agreement
at any time, and such modifications shall be effective immediately upon the
modified Agreement being publicly available on the Website. The Agreement is
considered renewed every time such changes occur and your continued access or
use of the Website and Service shall be deemed your conclusive acceptance of
the modified Agreement.
When using the Website or
Service, you will be subject to any web posted guidelines or rules applicable
to such Services. All such guidelines or rules, including the Privacy Policy,
are hereby incorporated by reference into this Agreement.
