Terms of ServiceEffective Date: [22 June 2024]
Welcome to Dutch Mastery Academy’s Terms of Service!These Terms of Service constitute an agreement between us, Dutch Mastery Academy and you (the “Member”), using our website and our Dutch teaching services, including the self-paced courses, private classes, and group classes (our “Programs”). You must read and agree to these Terms of Service before requesting to become a Member. If you do not agree with these Terms of Service, you should not interact with our website or participate in our Programs.
BY SUBSCRIBING TO OUR PROGRAMS, YOU AGREE TO IMMEDIATE ACCESS TO OUR COURSES AND RELATED CONTENT. YOU EXPLICITLY CONSENT TO THE COMMENCEMENT OF OUR PROGRAMS AND ACKNOWLEDGE THAT YOU LOSE YOUR RIGHT OF WITHDRAWAL ONCE THE PROGRAM HAS STARTED.
1. Eligible Individuals
You can only participate in our Programs if you are at least 13 years of age and are able to be bound by agreements, such as these Terms of Service. If you are under 13 years of age, you may only join our Programs with the help or supervision of your parent(s) or guardian. Your use of our Programs must not also violate any applicable laws or regulations.
2. Membership, Subscription, and Cancellation
To become a Member, you must pay the applicable subscription fees, as provided on the payment page, after which access to an account will be provided to you.The Membership subscription fees are billed upfront and subsequent charges are charged monthly automatically unless you cancel your subscription before the next billing cycle. Fees may be changed at any time, however, this will not apply until the next billing cycle. You will be notified before the changes to fees are implemented.You may cancel your membership at any time. However, upon cancellation, you understand you will lose access to all courses and any progress will be lost. If you re-subscribe, you will need to start the courses all over.
3. Account and Access
3.1 Account: Upon subscribing to our Programs, access to manage an account will be provided to you. You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You are not permitted to share the account credentials with any other individual without written approval from us. You are fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at yasmine@learndutchwithyas.com.
3.2 Account Termination: You may terminate your account at any time by contacting us at yasmine@learndutchwithyas.com. Upon termination, you will lose access to any courses and content associated with your account, and no refunds will be provided for any pre-paid fees. Dutch Mastery Academy reserves the right to suspend or terminate your account, at our sole discretion, for any reason, including but not limited to violation of these Terms of Service or any applicable laws.
4. Payments and Refunds
Payments of subscription fees are processed via Thrivecart, using Stripe and PayPal as the payment processors. By subscribing to our Programs, you authorize our third-party payment processors to charge your chosen payment method on a recurring monthly basis or any other applicable plan.Due to the nature of our Programs, there are no refunds after you have been granted access to our courses. However, refunds may be possible on a case-by-case basis.
5. Classes and Content
5.1 Self-Paced Courses
• Members have access to pre-recorded courses that can be completed at their own pace. These courses are available 24/7 through our website and related app.
• All course materials, including videos, exercises, and supplementary documents, are included in the subscription. These are described on the payment page – please review them. These materials are for personal use only and may not be shared, redistributed, or used for any commercial purposes.
• Your progress in self-paced courses will be tracked through our portal. If you cancel your membership, all progress will be lost, and you will need to start over if you re-subscribe.
5.2 Group Classes
• Group classes are conducted via Zoom or Google Meet at scheduled times. Schedules are subject to availability and may change at any time. If a group class for a particular week is cancelled, our only remedy is to re-schedule for the following week. We will notify you of any changes in advance.
• Group classes are interactive, and we encourage active participation. Please respect the instructor and fellow participants by maintaining a positive and respectful attitude.
5.3 Private Classes
• Private classes are available by appointment and may cost additional fees. You can schedule these classes through your account or by reaching out to Yasmine at yasmine@learndutchwithyas.com.
• Private classes offer one-on-one instruction tailored to your individual learning needs and goals. Please communicate your specific requirements to your instructor.
• If you need to cancel or reschedule a private class, please do so at least 24 hours in advance. Late cancellations or no-shows may incur a fee.5.4 Content Use and Restrictions
• By subscribing, Dutch Mastery Academy hereby grants you a limited, non-exclusive, non-transferable license to access and use the course materials for your personal, non-commercial purposes.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, or perform any of the course materials. Unauthorized use of the content may result in termination of your membership and legal action.
6. Online Services and Software Requirements
• All Programs provided by Dutch Mastery Academy are conducted online, requiring you to download and use certain third-party software or applications, such as Zoom, to participate in sessions. You are solely responsible for ensuring you have a stable internet connection and sufficient data packages to access and engage in the sessions. Failure to participate in any session due to inadequate internet access or data availability is your responsibility.
• You must install any necessary third-party software or applications to connect and interact with our Programs. Instructions for required software will be provided upon registration. It is your responsibility to maintain an active internet connection and ensure that your device meets the technical requirements needed to use the software or applications.
7. Privacy and Data Protection
You must read and agree to our Privacy Policy. It describes the data we collect, including how we collect, use, disclose, secure, retain, transfer, and other privacy aspects of our Programs. By accessing our website and participating in our Programs as a Member, you agree to our privacy practices. If you do not agree with our privacy practices as described in our Privacy Policy, you may not apply to be a Member or participate in our Programs.
8. Testimonials
We may invite you to provide a testimonial about our Programs. By providing a testimonial, you grant Dutch Mastery Academy permission to use your testimonial in various media, including our website and social media, marketing materials, and advertisements. The testimonial may include your name and any other personal information you voluntarily provide. You agree that your testimonial accurately reflects your experience and is written respectfully, without any offensive or inappropriate content.While you retain ownership of your testimonial content, you grant Dutch Mastery Academy a non-exclusive, royalty-free, perpetual license to use, reproduce, edit, and display your testimonial. We may edit testimonials for clarity and length but will not alter the original meaning. We respect your privacy and will not disclose any additional personal details without your consent.If you wish to withdraw your testimonial, you can contact us at Yasmine@learndutchwithyas.com, and we will remove it from active marketing materials, although previously distributed materials may still contain it. Providing a testimonial does not entitle you to compensation, and the views expressed in testimonials are personal opinions that do not necessarily reflect the views of Dutch Mastery Academy.
9. User Conduct
9.1 Prohibited Activities
By using our website and participating in our Programs, you agree not to engage in any of the following activities:• Using the website for any unlawful purposes or in violation of any applicable laws or regulations.
• Engaging in harassment, threats, or abusive behavior towards instructors, other users, or our community.
• Copying, distributing, or disclosing any part of our Programs in any medium, including without limitation by any automated or non-automated "scraping."
• Interfering with or disrupting our service, servers, or networks connected to the website.
9.2 Respectful Interaction
• Interact with instructors, staff, and other users respectfully and professionally.
• Avoid using offensive, discriminatory, or inappropriate language.
• Engage in classes with a positive attitude, participate actively, and respect the learning environment.Violations of these user conduct rules may result in the suspension or termination of your membership without prior notice or refunds.10. Intellectual Property
10.1 Ownership of Content: All content, including but not limited to text, graphics, logos, images, videos, course materials, and software, provided on our website and associated app is the property of Dutch Mastery Academy or its licensors and is protected by intellectual property laws. By subscribing to our Programs, you are granted a limited, non-exclusive, non-transferable license to access and use the course materials for personal, non-commercial purposes only.
10.2 Restrictions on Use: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our website and app, except as follows:
• You may print or download a reasonable number of pages of the website for your own personal, non-commercial use, provided that you do not modify any materials and retain all proprietary notices.
• Any use of our content outside the scope of personal use requires prior written permission from us.
10.3 Trademarks: The name "Dutch Mastery Academy," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Dutch Mastery Academy or its affiliates or licensors. You must not use such marks without the prior written permission of Dutch Mastery Academy or the respective licensors. All other names, logos, product and service names, designs, and slogans on this platform are the trademarks of their respective owners.
11. Disclaimer of Warranties
Dutch Mastery Academy strives to provide a valuable learning experience for its Members. However, we cannot guarantee specific results and there are inherent limitations to any online learning program.Our website and Programs are provided to you "as is" and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible by law, we disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, availability, favorable results, and title.We do not warrant that our website and Programs will be error-free, uninterrupted, or suitable to your specifications. We do not warrant the suitability of our Programs for any purposes.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Dutch Mastery Academy and its affiliates, licensors, and service providers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:• Your access to or use of or inability to access or use our website and Programs.
• Any conduct or content of any third party on our website.
• Any content obtained from our website and Programs.In no event will Dutch Mastery Academy's total liability to you for all damages, losses, or causes of action exceed the amount you have paid Dutch Mastery Academy in the last six (6) months, or €100, whichever is greater.The limitations above do not affect any non-excludable liabilities provided to you by applicable laws.
13. Indemnification
You hereby agree to defend, indemnify, and hold harmless Dutch Mastery Academy, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of our Programs.
14. Governing Law and Jurisdiction
These Terms of Service and any disputes arising out of or related to them or the Programs provided by Dutch Mastery Academy will be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles.You agree that any legal action or proceeding arising out of or related to these Terms of Service or the Programs shall be brought exclusively in the courts located in Belgium.
15. Links to Other Websites
Our website and associated app may contain links to services controlled by third parties. Please endeavour to review the terms of service of third-party services before using their services. These Terms of Service govern only our website and Programs and not any third-party services. By linking to any third-party service, you release Dutch Mastery Academy from any liabilities associated with your use of the third-party service.
16. Changes to Terms of Service
We reserve the right to review, change, or alter a portion of these Terms of Service. Changes to any part of these Terms of Service will be communicated to you via the relevant medium, including via our website, the app, or your email address. For changes to these Conditions specifically, you are advised to keep reviewing this page, as changes will be posted by changing the Effective Date above. By accessing our website or participating in our Programs after any changes to these Terms of Service, you agree to be bound by such changes.
17. General Terms
• These Terms of Service and other additional terms that apply when you use certain parts of our Programs constitute the entire agreement between you and Dutch Mastery Academy in relation to your use of our Programs, and they supersede all contemporaneous understandings and agreements that you and Dutch Mastery Academy may have agreed to.
• You are not permitted to assign, transfer, or share your rights and licenses granted to you by Dutch Mastery Academy in relation to the website and Programs to any third party without our written consent. We, on the other hand, reserve the right to assign, transfer, or share any of our rights and licenses granted to us hereunder to third parties, including to third-party service providers who carry out certain tasks on our behalf.
• The failure of Dutch Mastery Academy to enforce any rights or provision under these Terms of Service on certain violations shall not be a waiver of our rights to enforce such a right or provision on subsequent or similar violations at a later date.
• If any provision under these Terms of Service is found to be unenforceable or invalid by the applicable court, such a provision or paragraph shall be deleted or severed (or otherwise edited to be enforceable), and it shall not affect the enforceability or validity of the remaining provisions.
• Should Dutch Mastery Academy fail or delay in providing the Programs to you at any point in time due to events that are beyond human control, we shall not be liable for any damage or loss you may suffer due to our inability to or delay in providing the Programs at the stipulated time. Such events may include, without limitation, pandemics (such as COVID-19), riots, wars, internet breakdowns, third-party software malfunction, civil unrest, earthquakes, and other acts of God.
18. Contact Us
Dutch Mastery Academy is registered and provided by Vorsters, Yasmine, a sole trader registered with the Belgian Crossroads Bank for Enterprises with the number 0779.600.381. Our business address is Jan de Borgerplein 25, 2845 Niel, Belgium.If you have any questions, requests, concerns, complaints, or feedback regarding these Terms of Service, you can reach out to us at yasmine@learndutchwithyas.com or directly speak with Yasmine.