Terms and Conditions
Terms and Conditions destress lab
Terms and Conditions Destress Lab
Ms S. van Aanholt trading as Destress Lab (hereinafter: Destress Lab) is registered with the Chamber of Commerce under number 77935705 and is located at Oranjestraat 188 (2013VL) in Haarlem.
PART 1 GENERAL CONDITIONS
Article 1 - Definitions
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
2. Offer: any offer or quotation to the Client for the provision of Services by Destress Lab.
3. Company: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who is not acting in the exercise of a profession or business.
5. Participant: the Consumer or the Company who attends an (online) meditation class and / or training on their own initiative.
6. User: the Participant who visits, uses and / or views content on the Platform.
7. Services: the Services that Destress Lab offers are the provision of meditation videos on the Destress Lab platform, as well as the possibility to follow live streams on this platform. In addition, Destress Lab provides (online) meditation and stress management training for companies.
8. Service Provider: Ms S. van Aanholt trading as Destress Lab, incorporated under Dutch law, established in the Netherlands and offering Services to Client, hereinafter: Destress Lab.
9. Teaching materials: the materials related to the Assignment, such as instructional materials in whatever form, provided before, during or after the relevant training.
10. Online modules: the online learning environment put together by Destress Lab.
11. Client: the natural or legal person who acts in the exercise of a profession or business that Destress Lab has appointed, has provided projects to Destress Lab for Services performed by Destress Lab, or to whom Destress Lab has submitted a proposal on the basis of an Agreement. did.
12. Agreement: any Agreement, Subscription and other obligations between the Client and Destress Lab, as well as proposals from Destress Lab for Services provided by Destress Lab to the Client and which are accepted by the Client and have been accepted and performed by Destress Lab with which these general terms and conditions form an inseparable whole.
13. Subscription: The (monthly) Subscription with which the Client can gain access to the Destress Lab Platform.
14. Platform: The website or online modules used by Destress Lab is: www.destresslab.com, as well as which gives access to the Services offered by Destress Lab.
Article 2 - Applicability
1. These general terms and conditions apply to every Offer by Destress Lab, every Agreement between Destress Lab and the Client and to every service offered by Destress Lab.
2. Before an Agreement is concluded, the Client will have access to these general terms and conditions. If this is not reasonably possible, Destress Lab will indicate to the Client how the Client can inspect the general terms and conditions.
3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions may be deviated from insofar as this has been explicitly agreed in writing with Destress Lab.
4. These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
5. The general terms and conditions of the Client are excluded.
6. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force, and the void / nullified provision (s) will be replaced by a provision with the same purport as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
8. The applicability of articles 7: 404 BW and 7: 407 paragraph 2 BW is explicitly excluded.
9. If in these general terms and conditions reference is made to him / her, this should also be understood as a reference to he / him / his, if and insofar as applicable.
10. In the event Destress Lab has not always required compliance with these general terms and conditions, it retains its right to claim full or partial compliance with these general terms and conditions.
Article 3 - The Offer
1. All offers made by Destress Lab are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.
2. Destress Lab is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, Destress Lab has the right to refuse an Agreement with a (potential) Client for good reason for Destress Lab.
3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement. The Offer states in any case:
a. The manner of implementation of the Agreement;
b. The start date and duration of the (online) training courses;
c. The conditions under which the training may not take place;
d. Any admission requirements for the training;
e. The price of the Subscription with which the Client gains access to the Platform;
f. The method of payment for the Subscription;
g. The duration of the Subscription with which the content on the Platform can be viewed.
4. Offers or quotations do not automatically apply to follow-up orders.
5. Delivery times in the offer of Destress Lab are in principle indicative and do not entitle the Client to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
Article 4 - Establishment of the Agreement
1. The Agreement is concluded at the moment that the Client has accepted an Offer or Agreement from Destress Lab by returning a signed copy (scanned or original) to Destress Lab, or giving an explicit and unambiguous agreement to the Offer by e-mail. mail, or because the Client has paid for the Service directly and online.
2. Destress Lab has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.
3. Destress Lab is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or error.
4. The right of withdrawal of the Client being a Company is excluded, unless otherwise agreed. The Client being a Consumer has the right to withdrawal during the legal period of 14 days, unless Destress Lab has already commenced the Services with the Client's consent. The Client waives its right of withdrawal by means of this permission.
5. If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 - Duration of the Agreement
1. The Agreement is entered into in the form of a Subscription for the duration of one month, which is extended each month by one month, unless cancellation takes place at the end of the month. If the Agreement extends to obtaining an (online) training, then the Agreement is entered into for a definite period of time, as stated on the quotation.
2. The Client can cancel the Subscription in writing at the end of the month.
3. Both the Client and Destress Lab can dissolve the Agreement on the basis of an attributable shortcoming in the performance of the Agreement if the other party has been given written notice of default and has been given a reasonable period to fulfill its obligations and it still fails to fulfill its obligations. in that case correctly. This also includes the Client's payment and cooperation obligations.
4. The dissolution of the Agreement does not affect the Client's payment obligations insofar as Destress Lab has already carried out work or delivered performances at the time of the dissolution. Client must pay the agreed fee.
5. Both the Client and Destress Lab can terminate the Agreement in writing, in whole or in part, with immediate effect, without further notice of default, in the event that one of the parties is in suspension of payment, filed for bankruptcy or the company concerned ends by liquidation. If a situation as mentioned above occurs, Destress Lab is never obliged to refund monies already received and / or compensation.
Article 6 Cancellation of Service
1. Prior to the start of the Service, not being a Subscription, the Client has the right to cancel the Agreement. In the event of premature termination of the Agreement, the Client owes Destress Lab the costs actually incurred up to that time.
2. If the Client wishes to cancel an Agreement that has already been confirmed, this can only be done by written notification to Destress Lab. The starting date of the Service is the date used in the Agreement concluded by Destress Lab with the Client. To determine the time of cancellation, the time of receipt of the aforementioned cancellation at Destress Lab applies.
3. The applicability of art. 7: 408 paragraph 1 Dutch Civil Code is explicitly excluded.
4. Before the start of the Service, the Client must pay the costs for the training unless otherwise agreed. In principle, monies already paid will not be refunded in the event of premature termination, unless the Agreement has been terminated due to compelling interests of the Client and with the written consent of Destress Lab. If the Client terminates the Agreement before the Service is completed or the time for which the Agreement has been entered into has expired, the outstanding costs of the Service, insofar as these are not already covered by the advance, will be charged to the Client. In determining this, account is taken of, among other things, the work already performed by Destress Lab, the benefit that the Client has enjoyed and the grounds on which the Agreement was terminated.
5. Without prejudice to the previous paragraph, the Client owes Destress Lab the full costs of the Service if the end of the Agreement is attributable to the Client and the payment of the full costs is reasonable in view of the circumstances of the case. This is in any case the case if the Client stops the Service of its own accord due to, among other things, but not limited to: reduced motivation, lack of time, finding another job, starting a different training, or any other reason. for which the Client itself terminates the Agreement prematurely and Destress Lab cannot reasonably be blamed for this.
6. Costs in connection with Teaching Material already delivered or otherwise made available to the Client are never eligible for a refund and will be charged to the Client upon the premature termination of the Agreement.
Article 7 - Performance of the services
1. Destress Lab will make every effort to perform the agreed service with the greatest possible care, as may be expected from a good service provider. Destress Lab guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail.
2. The Agreement on the basis of which Destress Lab performs the Services is leading for the scope and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
3. The information and data provided by the Client are the basis on which the Services and prices offered by Destress Lab are based. Destress Lab has the right to adjust its services and prices if the information provided appears to be incorrect and / or incomplete.
4. In the performance of the Services, Destress Lab is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Destress Lab, the Client is obliged to reimburse the additional additional costs accordingly on the basis of a new quotation.
5. Destress Lab is entitled to engage third parties for the performance of the Services at its own discretion.
6. If the nature and duration of the assignment so require, Destress Lab will keep the Client informed of the progress in the meantime in the agreed manner.
7. The performance of the Services is based on the information provided by the Client. If the information needs to be changed, this may have consequences for any established schedule. Destress Lab is never liable for adjusting the planning. If the start, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided all the requested information on time, or does not provide sufficient cooperation, any advance payment has not been received by Destress Lab on time or by other parties. circumstances, which are for the account and risk of the Client, if there is a delay, Destress Lab is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are at the expense and risk of the Client.
8. If the start, progress or delivery of the Services is delayed because, for example, the Client has not provided all the requested information or has not provided all requested information on time, or does not provide sufficient cooperation, any advance payment has not been received by Destress Lab on time, or Due to other circumstances, which are for the account and risk of the Client, there is a delay, Destress Lab is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are at the expense and risk of the Client.
Article 8 Educational material
1. Destress Lab makes the Educational Material required for participation in the service available through the Platform. If the Participant has fulfilled its payment obligation, the Participant can download the Educational Material via the Platform.
2. All items provided by Destress Lab with regard to Educational Material remain the property of Destress Lab until the Client has fulfilled all the following obligations under all agreements concluded with Destress Lab.
Article 9 - Obligations of the Client
1. The Client is obliged to provide all information requested by Destress Lab as well as relevant appendices and related information and data in a timely manner and / or before the start of the work and in the desired form for a correct and efficient performance of the Agreement. In the absence of this, it may occur that Destress Lab is unable to realize a full implementation and / or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the Client.
2. Destress Lab is not obliged to check the correctness and / or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Destress Lab responsible for the correctness and completeness of the information that Destress Lab has compiled for third parties and / or is provided to third parties in the context of the Agreement.
3. Destress Lab may request additional information if this is necessary for the performance of the Agreement. In the absence of this, Destress Lab is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify Destress Lab of this immediately or no later than 3 working days after the change has become known.
Article 10 Content of the Service
1. If any advice or recommendations are given during the implementation of the training, during the videos or live streams, the content thereof is not binding and only advisory in nature, but Destress Lab will observe its duties of care. The client decides itself and on its own responsibility whether to follow the advice. The content of the videos, livestreams or training sessions are never medical, if you want to stop using your medication on the basis of the meditation, this must be discussed with a doctor.
2. The result of the Service is at all times dependent on the efforts of the individual Participant. Participants are expected to actively participate in the Service. If homework is given or any preparation is otherwise required, Participants must complete this before commencement.
3. If the Participant is obliged to take care of certain matters within the framework of the Service (books, laptop, company clothing, etc.), Destress Labde will inform the Participant in good time. 4. The Participant will notify Destress Lab in writing prior to the start of the Service that all circumstances are or may be important, including any points and priorities for which the Participant wishes attention.
5. In the event of illness or late presence of the Participant, the (delayed) absence must be notified to Destress Lab as soon as possible. If this is not done or not done in time, Destress Labu can charge extra costs or have further consequences for the rights that the Participant is entitled to under the Agreement. Illness or absence does not affect the Participant's payment obligation. Under no circumstances is the Participant entitled to a refund of money already paid or any form of compensation if it misses a training day or meeting in the meantime.
6. If the Participant appears more than 15 minutes later than the agreed start time of a meeting, Destress Lab (or the relevant teacher) is entitled to deny the Participant access if, in Destress Lab's opinion, participation will disrupt the other Participants to such an extent. In such a case, the consequences of not being able to participate will be at the expense and risk of the late Participant, unless otherwise agreed.
7. Destress Lab has the right to deny access or to exclude Participants from further participation due to disruptive behavior or other disturbing activities that hinder the course of the Service for themselves or other Participants. The consequences of a denial or exclusion are at all times for the account and risk of the Participant. Destress Lab also has this right if Participants display disruptive behavior or other annoying activities in the community (forum).
8. If a Participant does not complete an online module or part thereof on the instructions of his Employer, or does not complete it on time or successfully, this may have consequences for the successful completion of the Service and, in the worst case, may result in the Participant completing the Service in its entirety. cannot complete. If the Participant does not complete a mandatory online module once, does not complete it on time or successfully, this will have no further consequences. If the Participant does not complete an online module for the second time, or does not complete it on time or successfully, a consultation will take place between Destress Lab and the Participant in order to discuss the progress of the Service. This paragraph does not apply to Consumers.
9. If the training takes place at a location of the Client, the Client is obliged to make the facilities required for the training available on time. If a training cannot take place or is delayed because the Client has not complied with the aforementioned obligation, all consequences thereof will be for the account and risk of the Client. Destress Lab is also entitled to give instructions with regard to the suitability of the location and the facilities available there before the start of the coaching session.
Article 11 - Additional activities and changes
1. If during the performance of the Agreement it appears that the Agreement needs to be adjusted, or if further work is required at the request of the Client to achieve the desired result of the Client, the Client is obliged to pay for this additional work according to the agreed rate. . Destress Lab is not obliged to comply with this request and may require the Client to conclude a separate Agreement and / or to refer to an authorized third party.
2. If the additional activities are the result of the negligence of Destress Lab, if Destress Lab has made an incorrect estimate or could reasonably have foreseen the relevant activities, these costs will not be passed on to the Client.
Article 12 - Prices and payment
1. All prices are in principle exclusive of turnover tax (VAT), unless otherwise agreed.
2. The fee for the Service includes costs for Teaching Materials, but excludes any costs in connection with additional training courses, meetings and items provided to the Participant that have not been agreed in advance.
3. Destress Lab performs its services in accordance with the agreed rate. Payment is made prior to the start of the Service, unless otherwise agreed.
4. Travel time for the benefit of the Client and travel-related costs will be charged to the Client.
5. If a different term for payment has been agreed, the payment term is 30 days after the invoice date. The Client must pay these costs in one go, without settlement or suspension, to the account number and data of Destress Lab made known to it.
6. Destress Lab reserves the right to deny a Participant access to a Service if the Client has not fulfilled its payment obligations.
7. The Client cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
8. Destress Lab is entitled to annually increase the applicable prices and rates in accordance with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they have been explicitly laid down in the Agreement.
9. Client must pay these costs all at once, without settlement or suspension, within the specified payment term as stated on the invoice to the account number and data of Destress Lab made known to it.
10. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement become immediately due and payable.
Article 13 - Collection policy
1. If the Client does not fulfill its payment obligation, and has not fulfilled its obligation within the specified payment term, the Client, being a Company, is in default by operation of law. The Client, being a Consumer, will first receive a written reminder with a term of 14 days after the date of the reminder to still comply with the payment obligation, including a statement of the extrajudicial costs if the Consumer does not comply with its obligations within that period, before is in default.
2. From the date that the Client is in default, Destress Lab will, without further notice of default, be entitled to the statutory commercial interest from the first day of default until full payment, and to calculate compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
3. If Destress Lab has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The integral judicial and execution costs incurred are also at the expense of the Client.
Article 14 - Privacy, data processing and security
1. Destress Lab handles the (personal) data of the Client with care and will only use them in accordance with the applicable standards. If requested to do so, Destress Lab will inform the person concerned about this.
2. Client is responsible for the processing of data that is processed using a Destress Lab service. The client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Destress Lab against any (legal) claim related to this information or the performance of the Agreement.
3. If Destress Lab must provide information security on the basis of the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data and the associated costs. , is not unreasonable.
Article 15 - Suspension and dissolution
1. Destress Lab has the right to retain the data, data files and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations. This right remains in full force if a valid reason for Destress Lab arises, which justifies suspension in that case.
2. Destress Lab is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be immediately confirmed in writing to the Client.
3. In that case, Destress Lab is not liable for damage, on whatever grounds, as a result of the suspension of its activities.
4. The suspension (and / or dissolution) does not affect the Client's payment obligations for work already performed. In addition, the Client is obliged to compensate Destress Lab for any financial loss that Destress Lab suffers as a result of the Client's default.
Article 16 - Force majeure
1. Destress Lab is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation.
2. Force majeure on the part of Destress Lab is in any case understood to mean, but is not limited to: (i) force majeure of suppliers of Destress Lab, (ii) failure to properly fulfill obligations of suppliers that the Client or its third parties have been prescribed or recommended to Destress Lab, (iii) defective software or any third parties involved in the performance of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of (employees of) Destress Lab or advisors engaged by it and (vii) other situations that, in the opinion of Destress Lab, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Client. Destress Lab is not obliged to compensate the Client for any losses caused by such revocation.
Article 17 - Limitation of Liability
1. If any result that is laid down in the Agreement is not achieved, a shortcoming on the part of Destress Lab is only deemed to exist if Destress Lab has explicitly promised this result when accepting the Agreement.
2. If the provision of services by Destress Lab leads to liability of Destress Lab, that liability is limited to the total amount that is invoiced in the context of the Agreement, at least for a Subscription this is limited to a maximum of 12 months prior to the event causing damage, but only with regard to direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of Destress Lab. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determine the cause of damage, direct damage, liability and the manner of recovery.
3. Destress Lab explicitly excludes all liability for consequential damage. Destress Lab is not liable for indirect damage, loss of profits, loss of profit and / or loss suffered, missed savings, damage due to business interruption, loss of capital, loss due to delay, interest damage and immaterial damage.
4. The Client indemnifies Destress Lab against all claims from third parties as a result of a defect as a result of a service provided by the Client to a third party and also consisted of Services provided by Destress Lab, unless the Client can demonstrate that the damage was caused exclusively by the Destress Lab service.
5. Any advice provided by Destress Lab on the basis of incomplete and / or incorrect information provided by the Client is never grounds for Destress Lab's liability.
6. The content of the advice provided by Destress Lab is not binding and only advisory in nature. The client decides itself and on its own responsibility whether it will follow the proposals and advice of Destress Lab mentioned herein. All consequences arising from the follow-up of the advice are at the expense and risk of the Client. Client is at all times free to make its own choices that deviate from the advice provided by Destress Lab. Destress Lab is not obliged to any form of refund if this is the case.
7. If a third party is engaged by or on behalf of the Client, Destress Lab is never liable for the actions and advice of the third party engaged by the Client as well as the processing of results (of advice drawn up) of the third party engaged by the Client in Destress Lab's own advice. .
8. Destress Lab does not guarantee the correct and complete transmission of the content of and e-mail sent by / on behalf of Destress Lab, nor the timely receipt thereof.
9. All claims of the Client due to shortcomings on the part of Destress Lab lapse if they have not been reported to Destress Lab in writing and with reasons within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. Destress Lab's liability expires one year after the termination of the Agreement between the parties.
Article 18 - Confidentiality
Destress Lab and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. The confidentiality does not apply if the information in question is already public / generally known, the information is not confidential and / or the information has not been made known to Destress Lab during the Agreement and / or has been obtained by Destress Lab in another way. .
Article 19 - Intellectual Property Rights
1. All IP rights and copyrights of Destress Lab, including but not limited to all presentations, educational material, designs, models, reports and advice, rest exclusively with Destress Lab and are not transferred to the Client unless explicitly agreed otherwise.
2. If it has been agreed that one or more of the aforementioned items or works of Destress Lab will be transferred to the Client, Destress Lab is entitled to conclude a separate Agreement for this and to demand an appropriate monetary compensation from the Client. Such a fee must be paid by the Client before it obtains the relevant goods or works with the IP rights attached to them.
3. The Client is prohibited from disclosing and / or multiplying, changing or making available to third parties (including use for commercial purposes) all documents and software on which the IP rights and copyrights of Destress Lab rest without explicit prior written permission from Destress Lab. If the Client wishes to make changes to items delivered by Destress Lab, Destress Lab must give explicit approval to the intended changes.
4. The Client is prohibited from using the goods and documents on which Destress Lab's intellectual property rights rest other than as agreed in the Agreement.
5. The parties will inform each other and take joint measures if an infringement of IP rights occurs.
6. Any infringement by the client of the IP rights (and copyrights) of Destress Lab will be punished with a one-off fine of € 10,000.00 and a fine of € 500.00 for each day that the infringement continues. This penalty clause does not affect Destress Lab's ability to claim damages.
Article 20 - Indemnity and accuracy of information
1. The Client is itself responsible for the correctness, reliability and completeness of all data, information, documents and / or records, in whatever form that it provides to Destress Lab in the context of an Agreement, as well as for the data it receives from has obtained third parties and which have been provided to Destress Lab for the implementation of the Service.
2. Client indemnifies Destress Lab against any liability resulting from non-compliance or late fulfillment of its obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and / or documents.
3. The Client indemnifies Destress Lab against all claims from the Client and third parties engaged by it or working for it, as well as from the Client's customers, based on not obtaining any subsidies and / or permissions required in the context of the implementation of the agreement.
4. The Client indemnifies Destress Lab against all claims from third parties arising from the activities performed on behalf of the Client, including but not limited to intellectual property rights to the data and information provided by the Client that can be used in the performance of the Agreement and / or the acts or omissions of the Client towards third parties.
5. If the Client provides Destress Lab with electronic files, software or information carriers, the Client guarantees that these are free of viruses and defects.
Article 21 - Complaints
1. If the Client is not satisfied with the service of Destress Lab or otherwise has complaints about the performance of its assignment, the Client is obliged to report these complaints as soon as possible, but no later than 7 calendar days after the relevant cause that led to the complaint. report. Complaints can be reported verbally or in writing via contact@destress-lab.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the Client if Destress Lab is to be able to handle the complaint.
3. Destress Lab will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.
Article 22 - Applicable law
1. The legal relationship between Destress Lab and the Client is governed by Dutch law.
2. Destress Lab has the right to change these general terms and conditions and will inform the Client of this.
3. In the event of translations of these general terms and conditions, the Dutch version will prevail.
4. All disputes arising from or as a result of the Agreement between Destress Lab and the Client will be settled by the competent court of Noord-Holland District Court, Haarlem location, unless mandatory provisions of law designate another competent court.
SECTION 2 TERMS OF USE
Article 23 Access to the Platform
1. Destress Lab only offers the use of the Platform. Destress Lab never has responsibility for and / or influence on the implementation of the agreement by the User.
2. Destress Lab makes every effort to make the Platform available to the User. All services are performed on the basis of a best efforts obligation.
3. The User ensures that all data, of which Destress Lab indicates that it is necessary or of which the User should reasonably understand that it is necessary for access and / or use of the Platform, is provided to Destress Lab in a timely manner.
4. Destress Lab is not liable for damage, of whatever nature, that has arisen because Destress Lab relied on incorrect and / or incomplete information provided by the User, unless this inaccuracy or incompleteness is
Destress Lab was known.
5. By using the Platform, the User agrees to these general and terms of use.
Article 24 Use of the Platform
1. The User has access to the Platform after the User has created an account on the Platform and made the payment.
2. If the User suspects that the information provided by him is incorrect or incomplete, the User will immediately inform Destress Lab and still provide the correct information. The User is responsible for providing suitable equipment to use the Platform. User must keep his data up-to-date and can adjust his data in his own account to this end.
3. User is obliged to respect all technical protections and other facilities of the Destress Lab Platform, as well as the intellectual property rights resting thereon.
4. In the event of (possible) punishable acts, Destress Lab is entitled to report this and to hand over the information provided by the User to the competent authorities, as well as to perform all acts that are required of it in the context of the investigation.
5. Destress Lab has the right to deny User further access to the Platform and / or to terminate the use of the Platform in case of abuse as mentioned in the previous User and / or possible criminal offenses.
6. Destress Lab is not liable for damage caused by complications in connection with the availability or operation of information from third parties, as well as damage resulting from use of the Platform in contravention of conditions or purposes other than those for which the Platform is intended.
7. User is responsible for keeping the login details required to use the Platform confidential. If the User suspects that his login details are in the hands of unauthorized persons, the User must notify Destress Lab of this, without prejudice to the User's obligation to take immediate action, for example by changing his login details. User is personally responsible and liable for the use of the Platform by a third party via the login details of User. User indemnifies Destress Lab for all damage and costs arising from and / or related to this.
8. The use of the Platform can never be transferred to third parties.
Article 25 Obligations when using the Platform
1. The User indemnifies Destress Lab from the moment that the User first uses the Platform against all damage as a result of the situations referred to in Article 24. Destress Lab is not liable for any damage that User suffers as a result of its actions contrary to the above.
2. User is at all times responsible for complying with the obligations imposed by Destress Lab on User.
3. The User must refrain from inflicting any damage or performing any actions of which he / she can reasonably suspect that other users of the Platform or the servers (of Destress Lab) will be harmed. If the User sends any form of spam and / or other information that is not permitted and has (already) been warned about this and / or whether or not temporarily suspended, Destress Lab has the right to permanently deny the User access, without any compensation from damage.
4. In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is at the expense and risk of the User.
5. User is responsible for the correct security of the (mobile) device on which he uses the Platform, as well as for securing and keeping his / her own login details confidential.
6. The User is expressly prohibited from infringing the intellectual property rights of Destress Lab, as well as the good name of Destress Lab.
7. The User is at all times responsible for all data and information that he places or has placed on the Platform. Destress Lab is not liable for the loss and / or disfigurement of the User's content. User explicitly gives Destress Lab permission to share his data with third parties if and insofar as this is necessary for the effective execution of the agreement between User and a third party.
8. User is responsible for keeping the login details required to use the Platform confidential. If User suspects that his login details are in the hands of unauthorized persons, User must
Notify Destress Lab of this, without prejudice to the User's obligation to take immediate action, for example by changing its login details. User is personally responsible and liable for the use of the Platform by a third party via the login details of User. User sets Destress lab
indemnified for all damage and costs arising from and / or related to this.
Article 26 Availability of the Platform
1. Destress Lab strives to make every effort to offer the Platform and access to the Platform to the User without interruption as far as possible, but does not guarantee the full availability of the Platform at all times. Destress Lab is entitled to suspend the use of the Platform if and insofar as in its opinion there is a risk of the Platform's faultless functioning. Destress Lab is furthermore entitled to take all measures that it reasonably considers necessary to guarantee the effective functioning of the Platform.
2. Destress Lab is free to carry out maintenance on the Platform and to take it out of use as a result. Destress Lab is under no circumstances liable for the Platform not being accessible, but Destress Lab will fully and in accordance with the applicable industry standards make every effort to make the Platform available without restrictions and / or interruptions.
Article 27 Amendments
Destress Lab has the right to unilaterally amend these terms of use. User will be informed of this as soon as possible. In any case, the User can view the amended conditions via the Platform. If the User does not agree with a changed version, the User no longer has access to the Platform and the use of the services will be discontinued immediately, at least as of the date on which the changed conditions take effect.
Haarlem, July 7, 2020