Terms and Conditions Ambitsi
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
1.1. Supplementary Agreement: An agreement whereby the consumer acquires digital content in connection with a distance contract and the digital content is supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
1.2. Cooling-off Period: The period within which the consumer can exercise his right of withdrawal;
1.3. Consumer: The natural person who is not acting for purposes related to his trade, business, craft, or profession;
1.4. Day: Calendar day;
1.5. Digital Content: Data that is produced and supplied in digital form;
1.6. E-Learning: The service on the E-Learning platform of Ambitsi to the user, based on an agreement between both parties, consisting of making a website available and offering content;
1.7. IP Rights: All intellectual property rights and related rights, such as copyrights, trademark rights, trade name rights, database rights, and neighboring rights, as well as know-how;
1.8. Continuing Performance Contract: A contract that provides for the regular supply of goods, services, and/or digital content for a specific period;
1.9. Durable Medium: Any means, including email, that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference or use for a period that is tailored to the purpose for which the information is intended, and which allows the unchanged reproduction of the stored information;
1.10. Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period;
1.11. Entrepreneur: The natural or legal person who offers access to digital content and/or services to consumers at a distance;
1.12. Distance Contract: A contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of digital content, whereby, up to and including the moment of concluding the contract, exclusive or partial use is made of one or more techniques for distance communication;
1.13. Technique for Distance Communication: Means that can be used for concluding a contract without the consumer and the entrepreneur having to be in the same space simultaneously.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name entrepreneur: Ambitsi is part of Centivae B.V.
Registered address: Dr. R.J. Fruinstraat 97, 2552LG The Hague, The Netherlands
Email address: contact@centivae.nl
ARTICLE 3 – APPLICABILITY
3.1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
3.2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed and that they will be sent free of charge at the consumer's request as soon as possible.
3.3. If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
3.4. In addition to these general terms and conditions, if applicable, service-specific conditions may apply. In the event of conflicting terms, the consumer can always invoke the applicable provision that is most favorable to them.
3.5. These General Terms and Conditions apply to your agreement with the entrepreneur. The entrepreneur reserves the right to amend or supplement these General Terms and Conditions at any time.
ARTICLE 4 – THE OFFER
4.1. The offer contains a complete and accurate description of the digital content offered as stated on the entrepreneur's website. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4.2. If access to a course has a limited validity period, this will be stated in the module description.
ARTICLE 5 – THE AGREEMENT
5.1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
5.2. Before the consumer accepts the offer, the entrepreneur will make the applicable general terms and conditions available electronically.
5.3. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
5.4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5.5. The entrepreneur may, within the legal framework, inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5.6. The entrepreneur will provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, no later than at the time of delivery of the service or digital content:
- The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
- The price including all taxes of the digital content; where applicable, the delivery costs; and the method of payment, delivery, or performance of the distance contract.
ARTICLE 6 – RIGHT OF WITHDRAWAL
6.1. The statutory rules for online purchases of digital content on a non-material carrier apply. This means that the consumer has no cooling-off period/right of withdrawal because the digital service or digital product (in this case the online course or training) is delivered immediately after ordering via the internet (can be started immediately), to which the student has agreed. By agreeing to the general terms and conditions, the consumer declares to waive his/her right of withdrawal.
ARTICLE 7 – DELIVERY AND EXECUTION
7.1. The entrepreneur will take the greatest possible care in receiving and executing orders when assessing requests for the provision of services.
7.2. The place of delivery is the email address that the consumer has communicated to the entrepreneur.
7.3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
7.4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid without delay.
ARTICLE 8 – PAYMENT, COMMENCEMENT, DURATION, AND TERMINATION
8.1. To gain access to the digital content as described in the agreed offer, the consumer must make a payment to the entrepreneur.
8.2. Payment is made via the online payment service Mollie B.V. unless otherwise agreed.
8.3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
8.4. The agreement takes effect as soon as the subscription fee for a course has been paid.
8.5. The agreement is entered into for a specific period. The agreement ends automatically at the end of the subscription period.
ARTICLE 9 – ACCESS TO E-LEARNING
9.1. To use the E-Learning, you must enter into an agreement with the entrepreneur.
9.2. The information you provide during subscription must be accurate and complete. You are responsible for the accuracy and completeness of the provided data, as well as for updating the data if it is no longer correct.
9.3. It is not allowed to register via someone else's account or to gain access to the website other than by using your login details.
9.4. The entrepreneur is at all times entitled to, without prior notice and without becoming liable for damages to the user, temporarily disable the website and/or limit its use, if in their opinion it is necessary.
9.5. The entrepreneur does not guarantee that the E-Learning will be accessible at all times and without interruptions or malfunctions.
9.6. The entrepreneur is in no way liable to the consumer for any damage resulting from or related to the (temporary) unavailability or (interim) malfunction of the E-Learning.
ARTICLE 10 – USE OF E-LEARNING
10.1. On the entrepreneur's E-Learning, the consumer can practice with the content made available. The user will always act in accordance with the provisions of these General Terms and Conditions.
10.2. The use of the E-Learning must not:
- Be intended to circumvent technical protection measures of the website, the E-Learning, and/or the entrepreneur's computer systems.
- Consist of using any tools and/or solutions to take over any content.
- Have a commercial character without the explicit prior written consent of the entrepreneur.
- Place an unreasonable or disproportionately large burden on the infrastructure of the website or impede its functionalities.
- Be contrary to these General Terms and Conditions or any applicable laws and/or regulations.
- Infringe the rights of the entrepreneur and/or third parties, including but not limited to IP rights and privacy protection.
- Be unlawful in any other way.
10.3. In addition to other (legal) means available to the entrepreneur, the entrepreneur is entitled at any time, without stating reasons and without prior explanation, to limit, suspend or disable the activities of the consumer in connection with the E-Learning, temporarily or permanently delete accounts, issue a warning, grant access to the E-Learning, in particular, but not limited to, if:
- The consumer acts in violation of these General Terms and Conditions.
- The consumer acts contrary to the agreement for any reason.
- The entrepreneur believes that the consumer's actions may cause harm or liability to yourself, the entrepreneur, or others.
ARTICLE 11 – IP RIGHTS
11.1. The IP rights related to the E-Learning rest with the entrepreneur. Nothing in these General Terms and Conditions is intended to transfer any IP rights to the consumer.
11.2. Under the conditions stated in these General Terms and Conditions and for the duration of the agreement, the entrepreneur grants the user a limited, non-transferable right to access and use the E-Learning for the purposes described in these General Terms and Conditions.
ARTICLE 12 – WARRANTIES
12.1. The consumer accepts that the E-Learning only contains the functionalities, content, and other properties as they are at the time of use.
12.2. The entrepreneur makes no guarantees, promises, or indemnities regarding the quality, safety, legality, completeness, integrity, and accuracy of the content and the E-Learning, unless otherwise specified in these General Terms and Conditions.
ARTICLE 13 – PRIVACY
13.1. The data provided by the user during the ordering process will be processed and used in accordance with applicable laws and regulations.
13.2. The processing of personal data for the use of E-Learning is described in the privacy statement available on the E-Learning platform.