Article 1 – Definitions
In these terms and conditions the following definitions apply:
Account: the personal digital environment on the Website accessible by the Client in order to use the Service
Terms of conditions: these terms of conditions
Content: the whole of information that is offered by EnChantalled to the Client through the Website onlinemangaworkshops.nl, including but not limited to lessons, videos, texts, illustrations and the lay-out of the Service.
Service: The online workshop and/or online course that is offered on the Website and the Client has subscribed to.
Subscription: The Service, in the shape of a membership with a monthly payment obligation.
Intellectual property: All rights of an intellectual or industrial nature concerning the Service or the Website and any content made public through the Website
Online Manga Workshops: The online platform on which workshops and courses are offered by EnChantalled
Client: The person, company or institution that concludes an Agreement with EnChantalled
EnChantalled: Sole proprietorship of Chantal Visser in Alkmaar and signed up into the business register of the Chamber of Commerce, number: 58265295
Agreement: the agreement between EnChantalled and a Client on which EnChantalled is obligated to provide the Service, unabated all other obligations for EnChantalled and/or the Client that are a result of these Terms and Conditions.
Distant Agreement: An Agreement established by exclusive use of one or more distant communication techniques as described in art. 6:230g sub e Burgelijk Wetboek, such as electronic communication (e-mail).
Website: EnChantalled’s platform that is accessible via the url www.onlinemangaworkshops.nl and any underlying pages.
Article 2 – Access to the Service
- The Client receives acces to the Service by registration of an Account as described on the Website. After registration the Client will have access to the Service.
- The Client is responsible for the exactness of the information that is required for the registration of the Account.
- The Client states, in the case of a person, to be at least 18 years of age. The Client that is not 18 years of age explicitly states before registration of the Account and use of the Service to have permission of the Client’s parents or legal guardians.
Article 3 – Using the Service
- The Service consists of the Client gaining access to the Website, on which the Client can follow the lessons of purchased workshop(s) and/or course(s) though the available content.
- As stated in these Terms and Conditions and for the duration of the Agreement, EnChantalled will provide the Client with a limited, personal, revocable, non-exclusive and non-transferrable right to use the Service, including the Website and the Content, for personal study-purposes.
- Unabed the other clauses of these Terms and Conditions the Clients activities in the context of the Service, including the use of the Website and communication with other Clients through the Service cannot:
- Be untruthful or misleading.
- Be discriminating, violent, pornographic, illegal, unnecessarily offensive or inappropriate in any other way, for the assessment of EnChantalled.
- Be viruses, Trojan horses, worms, bots or contain other scripts that can damage any automated work, make it unusable or inaccessible, delete it, take control of it or are intended to undermine the technical defensive measures of the Website and/or computer systems of the Service.
- Consist of the use of soft- and/or hardware based tools and/or solutions (owned personally or by third parties), that are focused on taking over, spider, scrape, search or by any other improper means use any of the, by the Service provided, Conent.
- Have a commercial of promotional character, unless permitted by EnChantalled in writing.
- Breach the rights of EnChantalled and/or third parties, including but not limited to intellectual property and rights concerning the protection of privacy.
- Be in any other way unlawful.
- Damage the interest and good name of EnChantalled and/or Online Manga Workshops.
Article 4 – Availability of the Service
- EnChantalled provides the Service on an obligation of effort basis. EnChantalled gives no guarantee that the Website and Service are accessible at all times without interruptions and/or interference. EnChantalled cannot be held accountable or liable by the Client in any way for any damage that ensues or is the result of the (temporal) inaccessibility or (intermediate) malfunctioning of the Service.
- The Client is responsible for the purchase and/or proper functionality of the infrastructure and proper telecom facilities (including internet connection) that are necessary for the use of the Service.
- EnChantalled at all times holds the right, without prior announcement and without becoming liable towards the Client, to disable and/or limit the use of the Service, the Website and/or the Content or parts thereof if she deems this necessary.
- EnChantalled cannot be held liable for services offered by third parties in the context of the Website and the Service.
Article 5 – Payment
- The Client can owe a periodic or one-time payment based on the by EnChantalled established prices and other agreements. The prices are expressed in Euros (EUR). Unless indicated otherwise all prices include taxes and other government levies.
- In the case of a periodic payment, EnChantalled retains the right to change the applicable prices three months after the establishment of the Agreement. In case the Client does not agree with these changes, the Client can terminate the Agreement on the date that the changes would be applied.
- Payment occurs as described on the Website. In case of an periodic payment agreement and/or payment though automatic collection is impossible, the Client will pay within the period indicated on the invoice. In the case that no period is indicated or agreed upon in writing, the payment must happen within 14 days after the invoice date.
- If the payment period expires and EnChantalled has not received (full) payment, the Client will be in omission, without requiring prior notice of default. From the moment of omission the Client must pay commercial interest over the total owed amount. If the Client remains neglectful after reminders or notice of default, EnChantalled can hand over collection to a third party. In that case all costs made by EnChantalled related to delayed payment are chargeable to the Client, in the minimal amount of EUR 25,-. In case of a person, application (collection)rates will be sought.
- In case of negligence EnChantalled has the right to immediately terminate, suspend or limit the access to the Account and use of the Service.
- Complaints regarding invoices and/or service do not suspend the obligation of payment.
Artikel 6 – Confidentiality and personal information
- EnChantalled, her staff and/or any persons working for EnChantalled will treat information provided by the Client as confidential.
- The Client gives EnChantalled complete permission to process the personal information in connection with registration of the Account and use of the Service.
Article 7 – Intellectual property
- The intellectual property lies with EnChantalled and/or her licensors. Nothing in these Terms and Conditions is intended to transfer any rights to the Client or third parties.
- Unless explicitly allowed on the basis of these Terms and Conditions, without prior written permission of EnChantalled the Client may not:
- Copy, hand over, duplicate, modify or spread (parts of) the Service, the Website and/or its Content in any way, any form or for any purpose.
- Request or re-use substantial parts of the Website and/or Content or repeatedly and systematically request or re-use non-substantial parts of the Website and/or Content as indicated in the Databankenwet.
- Remove, make unreadable, hide or modify notifications or mentions of Intellectual Property.
- Register domain names, brands or Google Adwords that have to do with the Service.
Article 8 – Guaranties and indemnities
The Service contains only functionalities, Content and other properties the way the Client finds them on the moment of usage. EnChantalled gives no guaranties, commitments and indemnities with regards to quality, safety, legality, completeness, integrity and correctness of the Content and the Service, unless these Terms and Conditions state differently. EnChantalled holds no obligation to add specific Content on request.
Article 9 – Liability
- In case EnChantalled is liable towards the Client the liability is, regardless of the basis of the liability, in all cases limited to:
- Direct damage (liability for indirect damage – like consequential damage, delay damage, profit loss and lost sales are there for excluded) and
- Payments made by the Client to EnChantalled in the current calendar year for the use of the Service from which EnChantalled’s liability resulted.
- Only in the case of intent or severe blame by Chantal Visser, owner of EnChantalled does what is stated in point 1 not apply.
- The liability of EnChantalled applies to all persons for whom EnChantalled is responsible (like EnChantalled staff or persons appointed by EnChantalled for the execution of the Agreement).
Article 10 – Duration and cancellation
- The Agreement is entered into for an undetermined period. The license for live-long access to the course our workshop is applicable to the content of the course or workshop, but not to the help and support of EnChantalled.
- The Client can terminate the Agreement at any moment by sending an e-mail or letter to the contact details provided on the Website, citing “terminate [name course or workshop]”. When the Client terminates the Agreement the Client is owed compensation up until the current month in case of a monthly subscription.
- If the Client is a person, the Client also has the right to terminate a Distant Agreement without providing a reason within 14 days of establishing that Distant Agreement.
- Terminating an Account can be done by sending an e-mail or letter to the contact details provided on the Website, citing “terminating account”. Termination of an Account also includes termination of the Subscription or Service.
- EnChantalled at all time holds the right to, without providing reason or take into account a cancellation period, (partially) terminate an Agreement. When EnChantalled terminates an Agreement and the Client has a Subscription the Client is owed compensation up to the moment of termination.
- If an Agreement is terminated because the Service cannot continue or Manga Online Workshops will not continue to exist, the Client is owed compensation by EnChantalled if the Client has had less than two months access to the Service. The Client’s payment for the Service will be refunded.
- In addition to other (legal)measures that are at EnChantalled’s service, EnChantalled at all times holds the right, without notice of reason and without prior explanation to (temporarily) limit, suspend or make inaccessible the Service, remove (temporarily) the Account, submit a warning, terminate or refuse support, in particular – but not limited to – when:
- The Client acts in contrary to these Terms and Conditions
- EnChantalled is of the opinion that the Client’s action can cause damage to EnChantalled or third parties.
- When terminating an Agreement, for any reason, the Client loses the right to use the Service and access to the Service will be removed immediately.
Article 11 – Applicable law and disputes
- The Agreement is controlled by Dutch law.
- All disputes between EnChantalled and the Client are by exclusion settled by a, according to the district of Amsterdam, Netherlands, qualified judge.