| 1 | Introduction |
| 1.1 | These User Terms apply to the use of Konnektid’s Service (as defined below). By using the Service, you agree to the User Terms and enter into an agreement with Konnektid (hereinafter 'Agreement'). If you do not wish to agree to the User Terms, you cannot use the Service. |
| 1.2 | Konnektid B.V. ('Konnektid') is a company with limited liability established and existing under the laws of The Netherlands, having its registered office in (1016 BR) Amsterdam, at Herengracht 182, and is active on the website (hereinafter 'Website') www.konnektid.com. |
| 1.3 | We advise you to read these User Terms carefully so that you are aware of your rights and responsibilities when using Konnektid’s Service. Questions about the User Terms could be sent to [email protected]. |
| You can download and print these User Terms here. |
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| 2 | General |
| 2.1 | These User Terms apply to all agreements between you and Konnektid and every use made of the Service via your Account. |
| 2.2 | Konnektid may, at all times, amend or supplement these User Terms. The most up-to-date User Terms can always be found on the Website. The amended or supplemented User Terms will be brought to your attention during your use of the Service. If you continue to use the Service, you irrevocably accept the amended or supplemented User Terms. If you do not agree to the amended or supplemented User Terms, your only option is to terminate the Agreement in accordance with article 10.2. |
| 2.3 | If at any time any provision of these User Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these User Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision. |
| 2.4 | Additions to and/or deviations from these User Terms are only valid when confirmed in writing by Konnektid. |
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| 3 | Service and availability |
| 3.1 | Konnektid has developed a platform, called Konnektid, which enables teachers and students to connect in order to share their (professional) skills (i.a. playing an instrument or to practice a computer program) and knowledge (hereinafter 'Platform'). Konnektid matches teachers and students online for offline courses close to home. The Service of Konnektid consists of making the Platform accessible through the Website (hereinafter 'Service'). You obtain access to the Service through your personal Account (hereinafter 'Account'). |
| 3.2 | If you comply in full with all obligations pursuant to these User Terms, Konnektid will grant you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Service, including the Platform. |
| 3.3 | To the best of its ability, Konnektid will make efforts to provide the Service with due care. You accept that the Service, including the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ('as is' and 'as available'). Each and every use of the Service is for your own risk and responsibility. |
| 3.4 | Konnektid is at all times entitled, without in any way becoming liable to you:
- to make procedural and technical alterations and/or improvements to the Platform and/or the Service; and
- to temporarily discontinue or limit the Service or your Account if, in its view, this is necessary, for example - but not limited to - for purposes of preventive, corrective or adaptive maintenance, in case of complaints about your profile or in case you use the Service in a way that infringes the rights of Konnektid or third parties. Konnektid will notify you of the temporary unavailability or restricted use of the Service insofar and as soon as reasonably possible.
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| 4 | Account |
| 4.1 | To make use of the Service as a teacher and/or student, you must create an Account by following the registration process on the Website. |
| 4.2 | You are responsible for keeping the log-in details secret. As soon as you know or have reason to suspect that the log-in details are no longer secret, or that the Account is being abused, you must notify Konnektid immediately and take all necessary steps to prevent unauthorized access. |
| 4.3 | It is not permitted to:
- provide information during registration that is not accurate, complete and up-to-date;
- create more than one Account;
- create an Account for another natural person or legal entity;
- share an Account or in any other way provide access to the Account to another natural person or legal entity; or
- create an Account as a teacher if you are younger than 18 years of age.
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| 5 | Your obligations |
| 5.1 | You are not permitted to use the Service for a purpose as listed below or make content - including all information, data or material concerning your Account as well as all (third party) information, data or material provided in relation to the classes (hereinafter 'Content') - available:
- which, at the discretion of Konnektid, is discriminating or is otherwise deemed hurtful, offensive or inappropriate;
- in which personal data is made available, other than in compliance with applicable law;
- make Content available in a way that is false and/or misleading, including – but not limited to – the adoption of a false identity or the provision of a false certificate;
- which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent technical protection measures of the Service, the Platform and/or the computer systems of Konnektid;
- which qualifies as or transmits unwanted or unsolicited material or content (spam);
- which is contrary to these User Terms or any applicable laws or regulations, is in any other manner unlawful or which could prejudice the interests and reputation of Konnektid.
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| 5.2 | Konnektid reserves the right, without prior notice, to abridge, alter, refuse and/or remove Content if this is necessary in Konnektid’s opinion, without this resulting in any liability. |
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| 6 | Verification procedure |
| 6.1 | In order to apply for a professional teacher profile you will provide Konnektid with specific documents, such as a your diplomas and certificates (hereinafter: 'Documents'). Konnektid verifies these Documents in order to ensure that the teacher is qualified to teach his/her classes and courses and to assign the yellow professional teachers banner to the teacher profile. This verification is based solely on the Documents provided by the teacher to Konnektid. |
| 6.2 | The teacher is not permitted to provide any Documents that are not authentic, accurate, complete and/or up-to-date. Konnektid is not responsible for the authenticity, accuracy and completeness of the Documents provided by the teacher and shall not be liable thereto. |
| 6.3 | In case you provide Konnektid with a Document that is not authentic, accurate or complete Konnektid reserves the right to remove or temporarily block your Account, without this resulting in any liability. |
| 6.4 | Konnektid does not guarantee the level and quality of the teacher or the classes and courses of the teacher. |
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| 7 | Payment |
| 7.1 | For the use of the Service you will pay the agreed fees to Konnektid, as mentioned on the Website. |
| 7.2 | All fees are in Euros and exclusive of all taxes, levies, or duties imposed by taxing authorities. |
| 7.3 | All fees are due monthly and will be payable in advance for the entire month. |
| 7.4 | Payment for the use of the Service takes place via a secure payment environment of a third party, such as iDeal, PayPal or a credit card company. Konnektid has no influence on the payment environment and is therefore not responsible or liable for the use of or inability to use this payment environment. |
| 7.5 | Konnektid is entitled to change its charges at any time, without becoming liable to you, and will inform you of such changes. If you do not agree with the changes of charges you may terminate your Account in writing within thirty (30) days after the notification as of the date on which the adjustment would take effect. |
| 7.6 | Complaints regarding (parts of) Konnektid or the applicable fees must be in writing and do not suspend your payment obligation. |
| 7.7 | If the balance on your account is insufficient to pay the agreed fees, you will owe statutory interest on the outstanding amount without any demand or notice of default being necessary. If you still fail to pay the claim after a demand or notice of default has been sent, Konnektid may refer the debt for collection, in which case you will be obliged to pay, in addition to the total amount due, all judicial and extrajudicial costs, including costs of external experts, as well as the costs established judicially. These costs will be at least fifteen percent (15%) of the outstanding amount. |
| 7.8 | If you fail to provide full and timely payments, Konnektid has the right to immediately suspend the Service and to temporarily block your Account. |
| 7.9 | The Service is provided on a non-refundable basis. There will be no refunds or credits for partial months of Service, refunds for months of Service unused with an activated Account or for unauthorized use of an Account. |
| 7.10 | The teacher determines the fees paid by the students for the classes. Konnektid has no influence whatsoever on this fees and/or changes in the fees and is therefore not responsible or liable with regards to the prices and payment. The teacher indemnifies and holds Konnektid harmless against any and all claims of third parties in this matter. |
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| 8 | Privacy |
| 8.1 | In order to make use of the Service it is required that you create an Account on the Website. You will provide Konnektid with contact information such as your name, log-in details, approximate location and email address. The provision of this information is subject to legislation in respect of privacy, such as the Dutch Personal Data Protection Act ('Wet bescherming persoonsgegevens'). Konnektid only uses your personal data in accordance with the Privacy Policy. |
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| 9 | Intellectual Property Rights |
| 9.1 | The intellectual property rights - including but not limited to copyrights, database rights and tradename rights (hereinafter 'IP-rights') - in relation to the Service, including the Platform are held by Konnektid or its licensors. Nothing in the User Terms is intended to entail any transfer of IP-rights to you. |
| 9.2 | You retain all IP-rights on the Content you provide through the Service. By making available or uploading Content to the Service you automatically grant Konnektid a cost-free, worldwide, irrevocable, sub-licensable and transferrable right to use this Content insofar as is related to the Service. In the event the Content contains third party IP-rights you hereby acknowledge and agree that you are entitled to use and share these third party Content. You hereby indemnify Konnektid against any and all third party claims, based upon any alleged infringement of such third party intellectual property rights in relation to the Content. |
| 9.3 | Save to the extent that it is allowed by mandatory statutory law, you may not reproduce or decompile the Platform or apply reverse engineering to it. Furthermore, removal and/or circumvention of security measures or technical limitations (to use) of the Service and/or the Platform is not allowed. |
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| 10 | Term and Termination |
| 10.1 | You enter into an Agreement for an indefinite period of time. The Agreement comes into effect after completion of registration of your Account. |
| 10.2 | You can terminate the Agreement at any time by deleting your Account. After deleting your Account you can no longer make use of the Service. |
| 10.3 | Konnektid has the right to immediately discontinue or to (temporarily) suspend its Service or to terminate the Agreement, notwithstanding Konnektid's other rights and remedies, including its right to claim damages:
- If you breach your obligations under the Agreement and/or the User Terms;
- For any other reason, up to the sole discretion of Konnektid.
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| 10.4 | Upon termination of the Account, Konnektid shall immediately make the Account inaccessible to you. Konnektid shall delete the Content saved into the system within three months after you have terminated the Account, and has no obligation to restore the Content or assist in any data conversion. After you terminated your Account it is not possible for Konnektid to reactivate your Account. |
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| 11 | Liability |
| 11.1 | Konnektid’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited (i) to direct damages only, and (ii) per calendar year to the total amounts paid for the Service in the twelve (12) preceding months of that particular calendar year. |
| 11.2 | Direct damage shall solely mean:
- property damages ('zaakschade');
- reasonable expenses that you would have to incur to make Konnektid’s performance conform to the Agreement, unless the Agreement is rescinded ('ontbonden') by you;
- reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damages; and
- reasonable expenses incurred to prevent or mitigate damages, insofar as they relate to direct damages.
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| 11.3 | Any liability on Konnektid’s part for damages other than direct damages, including but not limited to indirect loss, consequential loss, loss and/or damage of data, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded. |
| 11.4 | The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Konnektid or its managers ('own actions'). No right to damages shall exist unless you notify Konnektid in writing of the damage promptly after it has arisen. Any claim for damages against Konnektid shall become extinguished by the mere lapse of one (1) month after the claim has come into being. |
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| 12 | Warranties and indemnifications |
| 12.1 | Konnektid does not guarantee:
- that the Service shall be available to you at all times and without interruptions, faults or disturbances;
- that the Service shall be effective or the use of the Service shall lead to certain results;
- that the information provided through the Service shall be accurate, up to date and complete.
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| 12.2 | Konnektid is not responsible for:
- the purchase and/or the proper operation of your infrastructure;
- transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet;
- loss, damage, inaccuracy and/or incompleteness of any Content;
- making backup copies of any Content;
- any unauthorized use or attempted use of the Service; or
- the management, including checking the settings, the use of the Service and the manner in which the results of the Service are used.
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| 12.3 | You guarantee that you will not use the Service and/or the Platform in a way that:
- infringes the rights of Konnektid or third parties, including but not limited to IP-Rights or rights in relation to the protectio of privacy;
- is contrary to any current legislation or regulations; or
- is contrary to any provision in these User Terms.
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| 12.4 | You indemnify Konnektid against all damage and costs as a result of claims of third parties arising from and/or related to your use of the Service. |
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| 13 | Force majeure |
| 13.1 | In the event of force majeure, there will be no attributable failure in the performance of the Agreement by Konnektid. |
| 13.2 | Force majeure includes, among other things, employees on sick leave and/or absence of employees who are crucial to the supply of the Service, interruptions in the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, failure on the part of Konnektid’s suppliers, failure on the part of third parties engaged by Konnektid, interruptions in the connection to the internet (whether or not due to a DDoS attack), hardware malfunctions, malfunctions in networks, including telecommunication networks, and other unforeseen circumstances. |
| 13.3 | If the force majeure continues for at least sixty (60) days, Konnektid is entitled to terminate the Agreement without being obliged to pay any compensation for this termination. |
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| 14 | Miscellaneous |
| 14.1 | Konnektid may transfer rights and obligations arising from these User Terms or the Agreement to third parties and will notify you of this. You are not permitted to transfer to third parties any right derived from an Account without Konnektid’s prior written consent. |
| 14.2 | These User Terms and the use of the Service are governed by Dutch law. |
| 14.3 | To the extent that national or international rules of law do not prescribe otherwise as mandatory, any disputes that arise or are related to agreements concluded subject to these User Terms, or arise therefrom, will solely be submitted to the competent court of Amsterdam. |
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