eLearning Terms & Conditions
Article 1. Definitions
Inclusion Now, is a limited liability company incorporated under Belgian law, with its registered office at Beekstraat 5, 1861 Meise, and registered with the Crossroads Bank for Enterprises under the number 0745.443.218 (hereafter “Inclusion Now” or “We”).
1.2. The following definitions apply in these general terms and conditions:
(1) General Terms and Conditions: current general terms and conditions
(2) Client: any client (non-professional) who places an order for a product or a service from Inclusion Now
(3) Parties: Inclusion Now and the Client together
(4) Products: E-learnings, books, webinars
(4) Agreement: the agreement entered between the Client and Inclusion Now, following the purchase of a product
(5) Written: the written communication such as e-mail or registered mail
(6) Website: www.inclusionnow.eu
Article 2. Acceptance of the General Terms and Conditions
2.1 The present General Terms and Conditions are the sole applicable terms between the Parties.
2.2 Inclusion Now will provide the Client with a copy of the General Terms, so that the Client must declare when placing an order, that he/she has read the General Terms and Conditions and confirms that he/she accepts the rights and obligations arising from them.
2.3 We reserve the right to change the General Terms and Conditions at any time, without prior notice. These changes will apply to orders for products and services placed thereafter.
Article 3. Pricing and Payments
3.1 We use third party payment providers, depending on the way in which you make payments – xxx and xxxx.
3.2 You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.
3.3 We reserve our right to review and change the pricing of any of our Products. This will not affect Products that have already been purchased.
Article 4. Return Policy
4.1. In accordance with Article VI.47 of the Code of Economic Law, the consumer who orders products remotely from Inclusion Now has a period of 14 calendar days from, regarding products, the day of delivery of the products or notification that they are available, to inform us that he wishes to cancel the purchase, without having to pay any compensation and without having to give any reason.
4.2 If this term expires on a Saturday, Sunday, or public holiday, it will be extended to the next working day.
4.3 The consumer can express his will to cancel the purchase by completing the following statement https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf or by e-mail from which the intention to withdraw from the agreement indisputably shows.
4.4 If the returned product is in any way diminished in value, we reserve the right to hold the Client liable and to claim compensation for any loss in value of the goods resulting from the use of the goods, further than is necessary to establish the nature, characteristics and functioning of the goods. Only items that are in the original packaging, together with all accessories.
4.5 Only the direct costs for returning the goods are exclusively at the expense of the Consumer.
4.6 We will refund the amount paid by the Client to the latter as soon as possible, and at the latest within 14 days from the return of the products.
4.7 If the Client purchases an online course, e-learning, webinar or workshop in which he/she gains immediate access to the purchased product or where the product will be provided within the term of the right of withdrawal, he/she does, in accordance with Article VI. 51 §4 2° WER, expressly waives this right of withdrawal because, on the one hand, he/she wishes the execution to take place before the end of the right of withdrawal and the service has been provided in full. Companies do not have a right of withdrawal.
Article 5. E-learning or online courses
5.1 We develop, distribute, maintain, and update the Products. The use of the training material is restricted to the personal use of the owner of the email address with which the Product is purchased. [KV1]
5.2 The Client shall not copy, reproduce, modify, transmit, distribute, republish, display or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.
5.3 All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
5.4 We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We reserve the right to change the content used at any time.
5.5 We do not warrant that the materials will be error free, including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the buyers’ responsibility.
5.6 It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment, and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
We may restrict your access to the Products if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the Products to you[KV2]
c) In the event of a suspicion of sharing the account information with third parties, access to the account will be blocked for an indefinite period, without Inclusion Now owing you any compensation or payment.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
Article 6. Access to online content
6.1 We will manage your access to the Products and provide support to you, where necessary.
6.2 The starting date of your access to the Product(s) is deemed to be the date of purchase. If we are no longer able to provide access to the Products through the Easygenerator LMS, you will be notified at least one-month prior[KV3] .
6.3 We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance, and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel, or money.
6.4 Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification to ensure that they are up to date and accurate.
Article 7. Intellectual Property & Third-Party Content
7.1 All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Inclusion Now. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
7.2 We make no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located in the Products that allows users to access information found on another site. Additionally, we do not warrant the existence or functionality of any website which can be accessed through a link located in the Products.
Article 8. Disclaimers and Limitation of Liability
8.1 Users access the Products at his/her/its own risk. We do not warrant any particular result from use of the software or site. We do not warrant that the information on the site is accurate, complete or complies with any law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free, or completely secure.
8.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process.
8.3 We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or all other commercial damages or losses.
8.4 We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
8.5 If the Products damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us.
8.6 Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall we be liable for damages more than this sum.
Article 9. Data Protection Policy
9.1 Inclusion Now is responsible for the processing of personal data, which will take place in accordance with the provisions of the General Data Protection Regulation and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
9.2 For more information, we refer to our Privacy Statement on our Website, which is an integral part of these general terms and conditions.
Article 10. Completeness and nullity
10.1 These general terms and conditions constitute the entire agreement between the Client and Inclusion Now and replace any previous existing agreement and any previous oral or written agreement between the Parties regarding the same subject.
10.2 If any provision (or part thereof) of the General Terms and Conditions should be unenforceable or contrary to a mandatory provision, this will not affect the validity and enforceability of the other provisions of these General Terms and Conditions, nor the validity and enforceability of that part. of the relevant provision that is not unenforceable or conflicts with a provision of mandatory law. In such event, the Parties shall negotiate in good faith to replace the unenforceable or conflicting provision with an enforceable and legally valid provision that most closely matches the purpose and intent of the original provision.
Article 11. Applicable law and competent courts
11.1 Belgian law applies to all disputes related to or arising from the agreement that is subject to these general terms and conditions. Only the Dutch courts and tribunals of the judicial district of Brussels are authorized to take cognizance of any disputes regarding the agreement and the associated general terms and conditions.
Article 12. Complaints
12.1 If the Client is dissatisfied with the services provided by Inclusion Now and/or has a complaint about the treatment and/or supervision, this must be reported to Inclusion Now in writing as soon as possible, but within 8 calendar days. Making a complaint does not in itself release the Client from his/her payment obligation.
Article 13. Questions and comments
13.1 If the Client has questions or comments about the services of Inclusion Now, he can always contact us: firstname.lastname@example.org. Inclusion Now attaches great importance to a good relationship with its Clients and appreciates that the Client immediately submits any comments or remarks. Inclusion Now hopes that these general terms and conditions have provided clarity regarding its services.