Terms of use and service

terms of use and service
WWW.ASTRIDJACOBS.COM

Last Modified: February 12, 2017

 


  1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and INSIGHT/matters ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.astridjacob.com, including any content, functionality and services offered on or through www.astridjacob.com (the "Website"), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website and Insight/matter’s services offered through the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at  https://www.astridjacobs.com/privacy, incorporated herein by reference (collectively, the “Agreement”).

 

IF YOU DO NOT AGREE WITH THESE TERMS OF USE OR OUR PRIVACY POLICY, YOUR CHOICE IS TO IMMEDIATELY STOP USING OUR WEBSITE.

 

By using this Website and the Services offered by INSIGHT/matters (defined below), you represent and warrant that:

  • You have reached the age of majority in the jurisdiction in which you reside;
  • You are able to create a binding legal obligation;
  • You are not barred from receiving products or Services under applicable law;
  • Your use of the Website will at all times comply with these Terms of Use;
  • You will only make purchases on the Website for your own use and enjoyment;
  • You have the right to provide any and all information you submit to the Website, and all such information is accurate, true, current and complete, and you will update information provided to the Website to ensure that it is accurate at all times.

 

  1. Defined Terms

The terms used in this Agreement shall have their normal or common meaning, except that the following Capitalized terms shall have the following meanings for the purpose of this Agreement:

  1. Customer(s)” (“you” or “member”) means any natural or legal person who is (i) registered with the Website; (ii) uses the Website and any of its Content; or (iii) registers for and participates in any digital or physical interaction offered via the Website;
  2. Content” or “Material” means all video, photographs, audio recordings, documents, date, files or copies thereof, and all corresponding information in any format either digitally or physically as provided by INSIGHT/matters, including corresponding texts, titles and captions;
  3. Contributor” means any natural person or legal person who has contributed to the Content of the website, including but not limited to, posting, submitting, publishing, displaying or transmitting to other users’ content or materials on or through the Website;
  4. “Services” mean any calls and sessions in digital or physical form, or Personal or Group Services offered via the Website;
  5. “Personal Services” mean any individual calls and sessions that have been scheduled in advance and offered by INSIGHT/matters;
  6. “Group Services” mean any group calls and sessions in digital or physical form that have been scheduled in advance and offered by INSIGHT/matters, including, but not limited to, group classes, tele-calls, webinars, or retreats offered by the Website.

 

  1. Changes to the Terms of Use

 

INSIGHT/matters reserves the right to revise and update these Terms of Use from time to time in our sole discretion. If we make changes that affect your use of the Website or our services, we will post notice of the changes on the Terms of Use page. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so that you are aware of any changes, as they are binding on you.  If a Customer is unable to agree with any part of this Agreement or its terms, we request that he/she no longer use this Website, its Content or Services and erase all downloads

 

  1. Accessing and Using the Website; Account Security

 

The Website, any Content on the website, and the infrastructure used to provide the Website are owned by INSIGHT/matters. All Content falls under the scope of, and is protected by, Dutch and European legislation.

 

We reserve the right to withdraw or amend this Website, and any Service or Material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or its Content, or the entire Website or its Content, to users, including registered users without motivation.

 

You are solely responsible for all service, telephony, internet, data and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access to the Website. We make no representation on uptime or quality of connection with the Website.

 

  • Registering

In order to access the Content and purchase Services, you must create an account with INSIGHT/matters by setting up a username and password, and by providing certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Failure to provide and maintain accurate and complete information may result in cancellation of the account.

 

You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information.  Members are responsible for protecting their access records and supervising the use of your account. You agree that you are solely responsible for any activity that occurs under your account, including, but not limited to, paying for all Content downloaded by an unauthorized user.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. INSIGHT/matters is authorized to close the account and, if so desired, open a new account for the Customer.

 

You understand and agree that INSIGHT/matters shall have no responsibility for any incident arising out of, or related to your account settings. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy [https://www.astridjacobs.com/privacy], and you consent to all actions we take with respect to your information consistent with our Privacy Policy

 

  • Closing of Accounts

INSIGHT/matters reserves the right to close an account or refuse registration of an account in its sole discretion without stating the reason for such closure or refusal. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to suspend or terminate access to any Content or Services at any time, without notice, in the event of a breach of its service terms or in the event of a Customer’s outstanding balance.

 

If a Customer wishes to close a membership account, he/she shall give INSIGHT/matters notice in advance of his/her intent to end the membership. Further, in order to close a membership, the Customer must comply with the specific terms for closing an account on the Membership Platform, including but not limited to SendOwl. The Customer acknowledges that until the account is formally terminated by INSIGHT/matters and the termination is confirmed in writing, either through email or digital notification, the Customer will continue to be charged membership fees associated with his/her account.

 

  1. Online Purchases and Scheduling

All prices posted on this Website are subject to change without notice. The price charged for Content or Services will be the price in effect at the time the order is placed. INSIGHT/matters holds the right to deviate from any price set for promotional activities, actions or other relevant activities.

 

INSIGHT/matters uses processing gateways including, but not limited to, SendOwl (an ecommerce software application), Acuity Scheduling (a scheduling software) (“Acuity”), and PayPayl (a payment gateway) to improve user experience by giving Customers access to Content and scheduling Services immediately. Buying or scheduling Services with INSIGHT/matters implies that you comply with any specific SendOwl, Acuity Scheduling, or PayPal terms of use and privacy conditions. The Customer acknowledges that buying Content or Services may involve specific SendOwl, Acuity Scheduling, or PayPal rules that fall outside the scope of this Agreement.  If any doubts should arise whether additional terms and conditions are involved, it is the Customer’s responsibility to gain proper advice in this matter. You understand and agree that INSIGHT/matters shall have no responsibility to inform you.

 

The Customer acknowledges that payments to INSIGHT/matters are primarily executed through Paypal (www.paypal.com). Thus, the Customer is responsible for obtaining a PayPal account and inquiring in advance if his/her country of residence is covered by PayPal. After due payment, we will provide the Customer with a license to access the Content.

 

  1. Rescheduling, Cancellations and Refunds

The Customer is allowed to reschedule or cancel their own appointments in advance by accessing the link to the scheduling software, which is provided in his/her notification email sent by Acuity. The Customer will be notified on his/her confirmation page when changes to an appointment can no longer be made. Email correspondence does not constitute an acceptable medium for rescheduling or cancellation notice.

 

The Customer understands that after due payment has been made for Content or Services, there will be no refunds, credits, or transfers available, unless specifically offered in advance in connection with a specific product or Service or made by mutual agreement between INSIGHT/matters and the Customer. INSIGHT/matters will provide additional terms of use for any specific product or Service that specify an additional refund policy. In cases of exceptions, refunds will only be available if the Services have not commenced. Should the Customer fail to notify INSIGHT/matters in due time prior to Services commencing in any way, in compliance with the additional terms of use, there will be no refunds, credits or transfers available. The Customer understands and accepts that refunds may take time to process.

 

INSIGHT/matters shall endeavor to provide all Services in full accordance with offered terms. Should INSIGHT/matters be unable to provide such Services due to technical incidents in connection with production or transmission, or due to circumstances that could not be foreseen at the time of entering the Agreement, INSIGHT/matters will provide as much notice as possible and reserves the right to alter the conditions of the Services to the extent that proper execution is enabled.

 

  1. Licensing

To the extent you download Content or materials in connection with your Services, INSIGHT/matters hereby grants Customer a limited, non-exclusive, non-assignable, non-transferable right and license solely for use with the purchased Services and Content, and only for your personal, non-commercial use.

All Content that you will receive or to which you will have access to in relation to the Services, are the exclusive property of INSIGHT/matters. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, obtained from INSIGHT/matters’ Content. You agree not to change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the Content. Further, purchasing custom-made Content, including, but not limited to visualization, mediation, or hypnotic recordings, does not transfer any right in such Content, and all rights remain with INSIGHT/matters.

 

If you disclose, reproduce, modify, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by INSIGHT/matters. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws and subject you to civil and/or criminal penalties.

 

INSIGHT/matters Content cannot, among others, be used for any illegal activity, in a way that violates or harms a legal person or group of people, and in a way, that invades a person’s privacy. The Customer is not allowed to misuse or exploit the Website or its Content in any way. INSIGHT/matters retains the right to determine what misuse or exploitation consists of and to consequently ban Customers from the site and/or take legal action against all Customers whose conduct is in violation with this Agreement.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to legal@insightmatters.nl

 

  1. User Contributions

The Website may contain message boards, chat rooms, personal web pages, forums, private Facebook groups, or other interactive features (collectively, “Interactive Services”) that allow Customers to post, submit, publish, display or transmit to other users, content or materials on or through the Website (collectively “User Contribution”).

 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.

 

You represent and warrant that (1) you either own all information contained in the User Contribution transmitted to the Website or you possess all approvals licenses and permissions necessary to do so; (2) the User Submission does not infringe or misappropriate any intellectual property or other rights of any third parties, and such User Submission does not contain another’s personally identifiable information without their consent or approval; (3) INSIGHT/matters, by using your User Contributions, will not be damaged in any way or harm other third parties; and (4) all information transmitted in the User Contributions are complete, true and accurate.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

USER CONTRIBUTIONS AND ANY UNDERLYING CONTENT TO THE USER CONTRIBUTIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. INSIGHT/MATTERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER CONTRIBUTIONS OR ITS ACCURACY, COMPLETENESS OR RELIABILITY. INSIGHT/matters is under no duty or obligation to check the Website for any offensive or controversial User Contributions. If INSIGHT/matters chooses to monitor the Website, in its sole discretion, INSIGHT/matters is still not responsible for any User Contributions, and shall remain under no duty or obligation to alter or delete any User Contributions.

 

  1. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 


  1. Participation and Release

The Content and insights provided by INSIGHT/matters are developed over time and are intended to help women and men increase their general sense of well-being and provide transformation through self-empowerment.

 

The Content of the Website and the products and Services provided by INSIGHT/matters or its affiliates and agents, including any form of personal interaction are intended for your general advancement and well-being only, and are under no circumstances a substitute for professional medical, legal or business advice. Nor are they under any circumstances intended to be a substitute for professional medical advice, diagnosis or treatment. You agree to consult your healthcare provider with any questions or concerns you may have regarding your health condition. You are not relying on INSIGHT/matters or Astrid Jacobs to provide medical or psychiatric treatment. You understand and agree that you will not receive medical advice or diagnosis or treatment of any specific illness or condition.

 

To the extent you choose to follow the guidance of INSIGHT/matters in seeking transformation, you take full responsibility for determining the applicability of the products and services of INSIGHT/matters and for adapting them to your physical and other circumstances.

 

  1. Reliance on Information Posted

INSIGHT/matters does its utmost to provide accurate information with the Content and on the Website. However, mistakes, inaccuracies or clerical errors may occur. INSIGHT/matters reserves the right to alter the Content of the Website at its own discretion at any given time without further explanation.

 

  1. Exclusion of Warranties/Disclaimer

INSIGHT/matters makes no representations or warranties with regard to the usability, effectiveness, operation or performance of its Website or any functionality associated with the Website. No guaranties are made by INSIGHT/matters that the Website will operate as expected, foreseen or intended.

THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS RELATED CONTENT AND MATERIALS ARE AT YOUR SOLE RISK AND EXPENSE AT ALL TIMES.

INSIGHT/MATTERS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, OR THAT THE QUALITY OF THE FOREGOING WILL MEET YOUR EXPECTATIONS. INSIGHT/MATTERS EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, AND ANY OTHER WARRANTY THAT THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, WILL BE PROVIDED OR MAINTAINED IN ANY MANNER TO BE WITHOUT ANY ERRORS OR THAT SUCH ERRORS WILL BE REMEDIED BY INSIGHT/MATTERS.

 

  1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL INSIGHT/MATTERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DATA DESTRUCTION OR ANY OTHER PECUNIARY LOSS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF INSIGHT/MATTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN SITUATIONS. THE CUMULATIVE LIABILITY OF INSIGHT/MATTERS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO INSIGHT/MATTERS BY YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless INSIGHT/matters, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

  1. VAT and Remaining Taxes

 

INSIGHT/matters (KvK number: 14104118) is based and VAT registered in the Netherlands. Therefore, we are affected by the Dutch VAT sales tax. VAT is a tax on the final consumption of certain goods and services.

 

Your location in the world will determine how local taxes are administered, with rules changing for different countries and regions. Where local tax rules allow it, we offer to include the tax in the total product price for any digital Content.

 

Depending on your country of residence, payments made by you, the Customer, may fall within the scope of VAT. It is the Customer’s responsibility to comply with any requirements of legislation regarding applicable duties or taxes and if necessary to pay any applicable taxes.

 

  1. Governing Law and Forum

 

Dutch Law applies to this Agreement, including all Terms of Use, terms of Membership and terms of Content Licensing which are incorporated into this Agreement. This Agreement, your performance under it, and any disputes arising from it shall be governed exclusively by Dutch law. You expressly consent to the exclusive forum, jurisdiction, and venue of the Rechtbank Roermond (Willem II Singel 67, 6041 HR Roermond) in any and all actions, disputes, or controversies relating to this Agreement and the use of the Website (www.astridjacobs.com).

 

  1. Arbitration

 

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration at the venue of the Rechtbank Roermond (Willem II Singel 67, 6041 HR Roermond, the Netherlands).  Any such arbitration shall be conducted by an experienced arbitrator experienced and shall include a written record of the arbitration hearing.

 

  1. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO USE OF THIS WEBSITE OR PRODUCTS PURCHASED THROUGH THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Severability

 

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

 

 

  1. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and INSIGHT/matters with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.