Terms and conditions Onisper
These General Terms and Conditions, as adjusted from time to time, are used by Dare Business Innovation, acting under the name Onisper, and are an integral part of all legal relationships between the Customer and Onisper, unless the applicability of these General Terms and Conditions is excluded or is limited by the applicable legislation, regulations or written agreement.
For the application of these general terms and conditions the following terms are used with an initial capital letter. These terms mean: a) General conditions: these general terms and conditions. b) Reflection period: the period within which an appeal can be made to the Right of Withdrawal. c) Services: collective term for all services that Onisper is able to provide through the Platform for the benefit of the Customer, including training in the field of fitness, health, fitness and well-being. d) Right of withdrawal: the right of the Customer to revoke the Agreement within the Reflection Period. e) Customer: a natural or legal person who purchases one or more Onisper Services. f) Agreement: the agreement between the Customer and Onisper regarding the access and use of the Platform. g) Platform: the Onisper interactive video platform that is accessible through, among other things, www.onisper.com and through which Onisper offers its Services.
1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
2. All offers and other expressions of Onisper are without obligation and are an invitation to purchase Onisper’s services. The fact that Services are offered by Onisper at any time does not guarantee that these Services will be offered at all times. Onisper is entitled to change and adjust the offer.
3. Obvious mistakes and / or manifest errors in the offer do not bind Onisper and the Customer can’t derive any rights from such obvious mistakes and / or obvious errors.
3. AGREEMENT, SERVICES
1. The Agreement is concluded at the moment that the Customer has registered via the Platform by creating an account and Onisper has confirmed the registration. The Customer must be at least eighteen (18) years old.
2. When a service is purchased by the Customer, a separate agreement is always concluded between the Customer and Onisper.
3. Onisper is entitled to engage third parties for the execution of the Agreement and the delivery of Services.
4. RIGHT OF WITHDRAWAL
1. With each Agreement, the Customer has a Reflection Term of fourteen (14) days during which he can revoke the Agreement without giving any reason. Onisper may ask the Customer for the reason (s) of revocation, but the Customer is not obliged to state his reason (s).
2. The Reflection Period referred to in Article 4.1 expires fourteen (14) days after the date on which the Agreement is concluded.
3. When exercising the Right of withdrawal within the Reflection Period, the Customer will owe Onisper an amount that is proportional to that part of the Agreement that has been fulfilled by Onisper at the time of the exercise of the Right of Withdrawal, compared with the full performance of the Agreement. The proportional amount that the Customer must pay to Onisper is calculated on the basis of the total price as laid down in the Agreement.
5. EXERCISE OF THE RIGHT OF RIGHT BY THE CUSTOMER
1. If the Customer wishes to revoke the Agreement, the Customer will inform Onisper of this by means of the standard form for withdrawal or in writing in a different unambiguous way.
2. If the Customer makes use of his Right of Withdrawal, any additional agreements will also automatically be revoked.
6. PRICE AND PAYMENT
1. The prices stated on the Platform are in euros and include the (Dutch) VAT and any other government levies.
2. Payment by the Customer must take place via iDEAL, PayPal or credit card, prior to the purchase of a Service, unless otherwise agreed in writing.
7. ACCOUNT AND SECURITY
1. The Client is obliged to provide correct and complete information when creating the account. Incorrect information must be rectified by the Customer without delay and incomplete information must be promptly completed by the Customer.
2. The Customer is responsible for the confidentiality of his account, including the login details.
3. The Customer must inform Onisper without delay of unauthorized use of his customer account.
8. USE OF THE PLATFORM
1. The Client is not permitted to use the Platform in such a way that the functioning of the Platform is endangered and / or the offered information or the underlying software is compromised.
2. The Customer is only permitted to use the Platform for personal and non-commercial purposes.
9. AVAILABILITY OF THE PLATFORM
Onisper strives to have the Platform available as much as possible. Onisper can disable parts of the Platform for maintenance purposes. Onisper will limit this to a minimum and communicate this to the Client in time, unless this can’t reasonably be required from Onisper.
10. THIRD PARTIES
If the Platform offers articles from third parties, the following rules apply.
1. If the articles of these third parties are purchased, separate conditions (of these third parties) may apply.
2. The use of the Platform and the purchase of Services may require the software of the third parties, in which case separate conditions (of these third parties) may apply.
11. CHANGES TO THE AGREEMENT
1. Onisper is entitled to change the Agreement and the General Terms and Conditions at any point in time.
2. At least one month before an intended change to one or more provisions of the Agreement take effect:
a) Onisper informs the Customer adequately about the content of the intended change (s);
b) Onisper offers the Client the opportunity to terminate the Agreement free of charge.
12. SUSPENSION AND TERMINATION OF THE AGREEMENT BY ONISPER
1. Onisper is entitled to suspend the execution of its obligations under the Agreement in whole or in part or to terminate the Agreement in whole or in part immediately if the Customer:
a) acts in violation of any provision of these General Terms and Conditions;
b) has been declared legally incompetent or has been placed under administration;
c) has submitted an application for admission to the Debt Management of Natural Persons Act;
d) until the Debt Management of Natural Persons Act has been admitted;
e) has submitted its own declaration of bankruptcy; or
f) has been declared bankrupt.
2. In the event of a long-term illness, injury, pregnancy or injury, with the written permission of Onisper, the membership can be suspended temporarily, up to a maximum of 6 months (this does not apply to eg study, work placement, work and vacation). Suspension is only possible after submission of a medical certificate or other document to the satisfaction of Onisper. Suspension of membership can never be retroactive. The payment obligation of the Customer is suspended for the actual duration of the renewal.
13. TERMINATION OF THE AGREEMENT BY CUSTOMER
1. The Agreement can be terminated by termination by the end of the initial term. If the initial term of the Agreement is one year, and the Customer does not terminate the Agreement one (1) month before the end date of this initial term, the Agreement is automatically renewed for an indefinite period after the initial term. If the initial term of the Agreement is six (6) months, and the customer does not cancel the Agreement one (1) month before the end date of this initial term, the Agreement will automatic be renewed for subsequent periods of one (1) month after the initial duration, with still a cancellation period of 1 month. The customer who chooses a free trial period can use the limited functionality of the website for a limited period of time as described on www.onisper.com. After this period, the customer can subscribe to one of the available subscriptions to make further use of the platform.
2. If the Agreement has been extended for a definite or indefinite period, the notice period is one (1) month.
3. The Agreement may be terminated at the Customer’s choice via the Onisper website (www.onisper.com) or by e-mail (firstname.lastname@example.org).
14. CUSTOMER LIABILITY
1. The Customer is liable for damage of Onisper that has arisen because the Customer has acted in violation of any provision of these General Terms and Conditions.
2. The Customer is also liable for damage to Onisper caused by intent or recklessness on the part of the Customer.
3. The Client indemnifies Onisper against third-party claims for compensation for damage suffered as a result of the Customer’s use of the Platform and the Services that the Customer purchases.
15. LIABILITY Onisper
1. These General Terms and Conditions do not limit or exclude the liability of Onisper, which can’t be limited or excluded under the law.
2. Onisper is not liable for damage that has occurred because the Customer has acted contrary to any provision of these General Terms and Conditions.
3. Onisper is not liable for indirect damage, in any form whatsoever.
1. Onisper is not liable for damage caused by the use of the content on our platform.
4. Onisper is not liable for (damage to) articles from third parties that are offered via the Platform.
5. If the Customer buys an article from a third party via the Platform, for which this third party must have personal data, Onisper is not liable for damage caused by the processing of personal data by this third party.
6. The liability of Onisper is in any case limited to the amount that the insurer of Onisper pays if necessary.
16. FORCE MAJEURE
The Customer and Onisper are not liable for any delay or non-performance, directly or indirectly, as a result of force majeure. Force majeure includes in any case malfunctions in the connection with the internet, disruptions in the telecommunication infrastructure, disruptions in networks, malfunctions in equipment and malfunctions as a result of unlawful actions by third parties.
17. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights in respect of the Platform and the content of the Platform belong to Onisper, unless otherwise stated. The Customer is not permitted to reproduce anything from the platform, to store it in an automated database or to make it public, in any form or manner, either electronically, by photocopying, recording or in any other way than with the prior written permission of Onisper, with the exception of news items and content that can be shared via social media on the Platform.
18. TRANSFER OF RIGHTS
1. The Customer is not entitled to sell and / or transfer his rights and / or obligations under the Agreement to any third party, unless otherwise agreed in writing.
2. Onisper is entitled to sell and / or transfer its rights and / or obligations under the Agreement without the Customer’s permission.
19. INVALID PROVISIONS
If at any time a provision of these General Terms and Conditions is completely or partially invalid, unenforceable or not executable under the applicable laws and / or regulations, then the other (parts of) provisions of these General Terms and Conditions remain in force. The relevant provision will be replaced by an enforceable and enforceable provision which, given the purpose and the scope of these General Terms and Conditions, deviates as little as possible from the original provision.
21. APPLICABLE LAW AND COMPETENT JUDGE
Only Dutch law applies to agreements between the Parties.
These Terms and Conditions can be cited as “General Terms and Conditions Onisper January 2018”.