Conditions of Use for Zhigong Online
The following definitions apply:
Subscription: the offer for services accepted by the User and these Conditions of Use together constitute the Subscription.
Services: all qigong classes offered online on the Website by Zhigong Online, as specified in more detail in the application process, and/or any resulting products and/or any accompanying products that are offered via or on the Website.
User: the natural person using the Website.
Conditions of Use: these conditions.
Login Data: the personal username and password provided by, via, or on behalf of Zhigong Online, which grant access to the Website.
Website: the environment that can be accessed via the Internet, on which Zhigong Online provides access to its User Services, as, in this case, via the www.zhigongonline.com domain.
Zhigong Online: the company with which the User has a client-contractor relationship regarding online Zhineng Qigong classes, that is to say, Zhigong Online V.O.F., a commercial partnership incorporated under Dutch Law with its registered office at Oldebroek, the Netherlands. Current contact details can be found at www.zhigongonline.com.
2.1 These Conditions of Use apply to every offer, every application, and all Subscriptions under which Zhigong Online grants the User access to the Website. Furthermore, these Conditions of Use apply to every use of this Website without Subscription. Any deviation from these Conditions of Use is only valid if it has explicitly been confirmed in writing by Zhigong Online.
2.2 All offers are made without obligation and may at all times be revoked by Zhigong Online. By starting to use the Website, the User accepts the applicability of these Conditions of Use.
2.3 The Conditions of Use of Zhigong Online always apply, to the exclusion of any conditions of the User. These are not applicable.
2.4 Should one or more of the provisions of the Subscription or of these Conditions of Use be declared non-binding or invalid, the remaining provisions will remain in full force. In such a case, Parties undertake to replace the provision in question with a new provision that corresponds as far as possible with the objective and essence of the original provision.
2.5 All rights and claims stipulated in these Conditions of Use and in the Subscription for the benefit of Zhigong Online also extend to its suppliers and any agents or other third parties engaged by Zhigong Online.
2.6 If and in so far as Zhigong Online makes Services and/or software from suppliers, agents, or other third parties available to the User, the conditions of these third parties regarding said Services and/or software will apply, replacing the provisions of the present Conditions of Use. All this on the understanding that any limitation of the liability as included in the present Conditions of Use will never be overruled by other conditions. Therefore, the User accepts said conditions of third parties with this caveat. The Conditions of Use referred to can be accessed by the User on the Website. At the User’s request, Zhigong Online will send the User the Conditions of Use referred to, as well as any other Conditions referred to above, free of charge. If or in so far as the conditions of third parties are deemed not to apply between User and Zhigong Online or are declared inapplicable for whatever reason, the provisions of these Conditions of Use shall apply in full.
3. Formation of the Subscription and the right of withdrawal
3.1 The subscription fees quoted on the Website apply worldwide. For private users with a domicile in the Netherland, these rates are inclusive of the statutory vat.
3.2 The minimum age for taking out a Subscription is 18 years.
3.3 The Subscription is concluded when the User takes out this Subscription via the Website and pays the applicable fee by going through the ordering process, during which he is alerted to the fact that he is placing an ‘order with an obligation to pay’ before the Subscription is definitively concluded.
3.4 Zhigong Online is entitled to refuse an application without giving reasons or to attach specific conditions to the Subscription. If an application is not accepted, Zhigong Online will inform the applicant within 14 days of receiving the application.
3.5 The User agrees to be granted direct access to the Services and the Website once the Subscription has been concluded. For this reason, the User explicitly waives the right to terminate the Subscription within 14 days after its formation.
3.6 After placing the order, the User can download the details of his Subscription as a pdf file. This pdf file is also sent by email to the User immediately after the Subscription is taken out.
4. Duration and cancellation
4.1 The User shall only be entitled to the Services offered under the Subscription via the Website if and as soon as payment of the Subscription has been received. The Subscription takes effect at that point.
4.2 A Subscription that has been taken out for one month will be renewed tacitly and automatically by periods of one month after this month, unless due notice of cancellation is given in advance, subject to one full calendar month’s notice. A subscription that has been taken out for one year will be renewed tacitly and automatically by periods of one year, unless due notice of cancellation is given in advance, subject to one full calendar month’s notice. This provision applies to both Zhigong Online and the User, unless a more extensive right follows from another provision.
4.3 The User has to use the ‘cancel’ button in the account environment on the Website to cancel the Subscription.
4.4 Apart from the above, the Subscription is terminated in any case when:
a. the User has been granted suspension of payment;
b. the User has been declared bankrupt;
c. a direct debit collection or payment of the fees due for the Subscription has failed or been paid too late.
4.5 Zhigong Online is entitled to block or terminate the Subscription without prior notice, at its own discretion, if the User does not meet his obligations, or in any case, if the User damages the Website, the hardware and/or software made available via the Website, or Zhigong Online in any other way.
4.6 Provisions that are, by their nature, meant to continue after the cancellation of the Subscription, will remain in force after the Subscription has ended.
5. Fees and payment
5.1 The User owes the amounts referred to at the formation of the Subscription for the use of the Services and the Website. The payments for monthly subscriptions are due monthly and in advance, the payment for annual subscriptions are due in advance and in full, within 14 days after the date on which the User concluded the Subscription at the latest, and every year, if the Subscription has not been duly cancelled in time, within 14 days after the tacit renewal at the latest.
5.2 Payment must be made by direct debit collection from a Dutch bank account (only for the Netherlands) or by direct payment in the manner indicated when the Subscription is taken out.
5.3 Objections that are raised against the amount of the fees due do not suspend the payment obligation.
5.4 If the User continues to fail to pay in time or if a payment or direct debit collection fails, he will be in default by operation of law and the account will be discontinued (see also 4.3 above).
6. Performance of the Subscription;
6.1 After the Subscription has been concluded and paid for, Zhigong Online will start providing its Services.
6.2 Zhigong Online will handle delivery of the Services and access to the Website to the best of its knowledge and ability. With the exception of planned downtime of the Services for maintenance and related work, Zhigong Online essentially aims for 24/7 availability, that is to say, twenty-four (24) hours a day, seven (7) days a week. Zhigong Online does not guarantee that the Services will always be provided without interruptions and/or errors. All Services are provided ‘as is’ and are deemed to be accepted unconditionally as from the moment of first delivery by Zhigong Online. The User’s use of the Services and the (direct and indirect) consequences thereof are at the risk and expense of the User.
6.3 Zhigong Online makes every effort to adequately protect the Website and Services, in accordance with the latest technological knowledge; this does not, however, diminish the User’s own responsibility.
6.4 The User will at all times be responsible for the careful and personal use of the Login Data. The User is not allowed to make its rights or obligations under the Subscription, the Login Data, or their use, apparent or available to third parties.
6.5 The User needs to take care that he has the necessary operational hardware and software, peripheral equipment, connections, and Internet connection at his disposal to receive the Services via the Website. The User is responsible and liable for the protection of his own system and his own data from abuse, damage, or loss, both from factors at his own domicile and residence and from factors outside of his sphere of influence. Zhigong Online has nothing to do with either and cannot be held liable in any way.
6.6 The actual availability does not affect the User’s obligation to pay the Subscription fee.
Where personal data of the User are concerned, these data will be processed within the bounds of the statutory provisions and the lawful objectives of Zhigong Online, in a proper, careful, and secure manner. These lawful objectives include but are not limited to the continuity and improvement of (the offer of) the Services, managing the Subscription and the conditions, and any (legal) proceedings of which Zhigong Online is a part. Other than for regular business purposes, Zhigong Online will not in any way process these personal data and/or pass them on to third parties, unless with prior and unequivocal permission, or unless the law dictates otherwise. Zhigong Online will take the relevant technical and organisational measures required to protect the personal data against loss or any form of wrongful processing.
8. Intellectual property
8.1 All intellectual property rights on the content of the Services, the Website, and any applications, digital magazines, and functionalities incorporated therein that may be made available (visibly or invisibly) via the Website, are vested exclusively in Zhigong Online or its licensors and/or suppliers respectively. The User will only have the limited right of use ensuing from these Conditions of Use. The User may not copy, save, imitate, or pass the material on to third parties, whether through third parties or otherwise.
8.2 By concluding a Subscription to the Services, the intellectual property rights referred to in paragraph 1 are in no way transferred to the User. The User will only obtain a non-exclusive, non-transferrable, temporary right to use the Services for his own personal qigong practice for the duration of the Subscription.
8.3 The User is not allowed to remove or change any indication of intellectual property attached to the Services.
8.4 Upon violation of the provisions stated above, the User will incur a penalty of EUR 25,000 as well as a penalty of EUR 2,500 for every day or part of a day the violation continues, without a warning or notice of default being required, immediately due and payable to Zhigong Online. In addition to this punitive fine, Zhigong Online may claim damages.
9.1 The User declares and guarantees that he is 18 years or over and is not under the influence of alcohol or drugs. The User declares and guarantees that he is not aware of any impediments, whether mental or physical, that would force the User to abandon taking the online qigong classes. The User is personally responsible for monitoring his health prior to taking out a Subscription and during the course of the Subscription, and for consulting with a physician when relevant. In any case, the User takes the online qigong classes at his own responsibility and will take care to closely follow the instructions given in the classes. The User fully and unconditionally indemnifies Zhigong Online in this respect.
9.2 In no case does Zhigong Online guarantee:
a. the unrestricted availability and functionality of the Services and the Website;
b. the undisturbed and uninterrupted use of the Services and the Website;
c. the full reliability and ‘uncrackability’ of the Services and the Website;
d. that the Website can only be accessed and used by people of 18 years and over.
9.3 The liability of Zhigong Online for any damage resulting from or connected with its (intended) provision of Services and the use of the Website is excluded, regardless of the grounds for such liability. More in particular, Zhigong Online will not be obliged to recover lost or compromised data and will not be liable to pay damages of any kind (including but not limited to material damages, immaterial damages, or personal injury damages) in connection with or resulting from the use of the Services and the Website.
9.4 Zhigong Online will not be liable for the inability to use the Services and the Website as a result of breakdowns or maintenance work.
9.5 If a mistake is caused by incorrect or incomplete information provided by the User, Zhigong Online will not be liable for the resulting loss.
9.6 Should Zhigong Online still be liable, in spite of the above, this liability will be limited to a maximum of three times the amount due for the Services over the last calendar year or – if the amount is higher than this – to the amount covered and paid out by the liability insurance, plus the amount of the deductible.
9.7 Should the insurance policy not provide cover, the provisions of Article 9.3 of these Conditions of Use will apply.
10. Complaints and Expiry Period
10.1 Complaints can be filed by sending an email to email@example.com.
10.2 The User’s claims, for whatever reason, against Zhigong Online with regard to or ensuing from the Services will lapse in any way if they are not reported to Zhigong Online by registered letter within 3 months from the moment on which the User became aware or could reasonably have become aware of the existence of these claims.
11. Applicable law and choice of forum
Exclusively Dutch law governs the legal relationship between the User and Zhigong Online.
The application of the Vienna Sales Convention (CISG) is excluded.
The Gelderland District Court, location Apeldoorn, will have the exclusive jurisdiction to hear any disputes arising from or in connection with the Subscription and/or these Conditions of Use. However, Zhigong Online may opt to bring a suit against the other party to the contract before the court that would have jurisdiction if it were not for this choice of forum.
Zhigong Online will be entitled to alter these Conditions of Use, any additional conditions, its fee, or its Services, which alterations will also apply to any current Subscriptions. Zhigong Online will take the reasonable interests of the User into account in doing so. The alterations will be announced on the Website at least 30 days before they enter into effect.
Version of February 2017.