TERMS AND CONDITIONS UNPACKBYVEER
Unpackbyveer Terms and Conditions ABN 92628110505
Article 1: definitions
1.1 Unpackbyveer: hereinafter referred to as Unpackbyveer, based in Sydney, 10 Zetland Avenue, NSW 2017, Australia, registered as Veerle Beelen with ABN 92628110505.
1.2 Consumer: a natural person who does not act in the pursuit of a profession or business.
1.3 Client: The other party of Unpackbyveer, which has entered into an agreement with Unpackbyveer to purchase one or more (online) products or services.
1.4 Products and services: All (online) trainings, programs, webinars, advice, coaching courses, coaching sessions and other products and services offered by Unpackbyveer.
1.5 Website: Unpackbyveer’s website on www.unpackbyveer.com including subsequent pages.
1.6 Conditions: the conditions listed below, consisting of the whole of the provisions as described below. These terms and conditions are listed on the Unpackbyveer website and can be consulted via www.unpackbyveer.com/terms-and-conditions
Article 2: applicability of terms and conditions
2.1 These terms and conditions apply to all offers, activities, agreements, (online) training courses, programs, webinars, events, e-books, advice, guidance and coaching provided by Unpackbyveer, by or on behalf of Unpackbyveer, as well as to any commitments of any kind.
2.2 General purchase conditions or other conditions of the Client are expressly excluded and do not apply to the legal relationship between Client and Unpackbyveer, unless Unpackbyveer has declared its written agreement with its applicability.
2.3 Amendments and/or additions to these conditions shall be in force only if agreed in writing with Unpackbyveer. These additions and derogations apply only to the agreement in which they were made.
2.4 These terms and conditions also apply to additional contracts and follow-up orders.
2.5 If the Client is a natural person who does not act in the pursuit of a profession or business, and the articles of these terms and conditions, or their components, which are unreasonably onerous to the Client or, moreover, are contrary to provisions of mandatory (consumer) law, are out of application.
Article 3: conclusion of agreement and subscription
3.1 All announcements and offers from Unpackbyveer are non-binding and have a validity of 14 days.
3.2 By subscribing, accepting the offer or concluding an agreement, the Client accepts the applicability of these terms and conditions. The terms and conditions will be sent before or at the latest when the agreement is sent. At all times Unpackbyveer’s terms and conditions can be consulted via www.unpackbyveer.com/terms-and-conditions
3.3 Registration for, for example, a coaching session, training, webinar or event is only done online. Registrations are processed on the order of entry. Unpackbyveer confirms the registration separately by e-mail. This will bring the agreement into being. Unpackbyveer reserves the right to refuse registration within 5 working days of knowing the registration without explanation.
Article 4: services/or products
4.1 Unpackbyveer has an obligation to ensure an adequate and sound quality of her services and/or products. Unpackbyveer will use the requested and unsolicited feedback from her Clients to improve it where necessary.
4.2 Any complaints about the services and/or products provided by Unpackbyveer shall be made known to Unpackbyveer in writing and in a statement no later than 14 days after their origin, by sending an e-mail to info@unpackbyveer.com. If the Client does not file a complaint within the time limit set, the Client is deemed to have no complaints.
Article 5: prices
5.1 All prices shall not include GST and shall not include any other levies imposed by the public authorities, unless expressly agreed otherwise or otherwise indicated by Unpackbyveer. The prices on Unpackbyveer’s website are listed excluding GST and may differ from those shown (often excluding GST) on the sales page. The prices in ‘the shopping cart’ on the website are leading.
5.2 Unpackbyveer cannot be held to any price quotations that are manifestly incorrect, for example due to apparent import or printing errors. No rights can be derived from unlawful price information.
Article 6: payment
6.1 Payment must be made without a discount, settlement or compensation in a manner to be determined by Unpackbyveer, with a legal Australian or international payment method. Payment is possible via Stripe, PayPal, visa card or credit card or bank transfer.
6.2 The (participation) costs for the products and services offered by Unpackbyveer are payable in advance prior to their occurrence. Unpackbyveer sends an invoice (only by e-mail). If the Client is unable to process a digital invoice and request a paper invoice, additional administration fees will be charged. In the case of non-timely or incomplete payment, Unpackbyveer reserves the right to exclude the Client from participation.
6.3 Unless otherwise agreed in writing, the Client must pay the amounts due to Unpackbyveer within 7 days of the invoice date.
6.4 The client does not have the right to suspend any obligation to pay to Unpackbyveer. The Client gives Unpackbyveer permission to perform all the transactions necessary for payment to be made in the payment method chosen by the Client.
6.5 Unpackbyveer is entitled to charge an advance on the agreed price for its services. For this, the Client receives an advance invoice.
6.6 Due to the mere expiry of a payment period, The Client is in default. In that case, all claims, under any circumstances, from Unpackbyveer to the Client are immediately due. If the payment period is exceeded, Unpackbyveer may suspend her operations with immediate effect or terminate the contract (interim).
6.7 The client is liable for the statutory interest on the invoice amount plus a premium of 3% on all amounts not paid by the last day of the payment period. Furthermore, if the Client is in default, all damages and costs, both legal and extrajudicial, including the costs of (legal) assistance employed by Unpackbyveer, will be charged. All legal and extrajudicial costs of Unpackbyveer in relation to the recovery of the debt owed to Unpackbyveer and not paid on time shall be borne by the Client. Unpackbyveer’s legal costs are determined by the actual costs incurred, including the attorney’s fees actually incurred. The extrajudicial costs are set at 15% of the amount due with a minimum of AUD 80,00, unless the actual extrajudicial costs amount to a higher amount, in which case this higher amount must be paid. Any amount received from the Client will first of all be worth satisfying any interest and costs due.
6.8 In the case of non-time payment, any payment discounts, arrangements and/or discounts granted to the Client shall expire.
6.9 If the Client fails to fulfil the obligations of the agreement, Unpackbyveer shall be authorized to terminate all or part of the contract with immediate or partial effect or to suspend the execution or further execution at the discretion of Unpackbyveer and to continue only in advance or guarantee. In these cases, the Client is then liable to pay the work already carried out by Unpackbyveer and the Client is required to compensate for the damage suffered by Unpackbyveer because of the termination of the contract and Unpackbyveer is entitled to compensation of the positive contract interest by Client.
Article 7: delivery
7.1 When purchasing one of Unpackbyveer’s online products or services, Unpackbyveer strives to deliver the product or service to the Client as soon as possible after payment. Unpackbyveer strives to ship physical products within two business days (unless otherwise agreed/listed). However, Unpackbyveer is not obliged to do so.
7.2 All delivery times are indicative. Any such time limits may not be subject to any rights. Exceeding a deadline does not entitle the Client to compensation.
7.3 The delivery deadline is 30 days after the order has been placed, except in so far as there is a delay that cannot be attributed to Unpackbyveer and/or The Client has agreed to a longer delivery period. If the Client has not received his order within a reasonable period of time (± 10 working days), the Client must notify this by email, but no later than 15 working days after the placing of the order. Claims, which are made after this period, will not be considered.
7.4 If delivery is either unavailable by (temporarily) or delayed for other reasons, or if an order cannot be executed or can only be partially executed, the Client will receive a notice no later than 7 days after placing the order. In that case, the Client has the right to cancel the order at no cost. Unpackbyveer will provide a refund in that case. The Client is not entitled to compensation.
Article 8: right of withdrawal
8.1 Only if the Client can be seen as a Consumer does he have the option to terminate the contract without notice when purchasing products or services via the Unpackbyveer website for 14 days and Article 8 of these terms and conditions applies. The cooling-off period will run on the day of receipt of the product/service.
8.2 During the cooling-off period, the Client will handle the product carefully. He will only use the product to the extent necessary to assess whether he wishes to retain the product.
8.3 If the Client makes use of his right of withdrawal, he will return the product to Unpackbyveer in accordance with the reasonable and clear instructions provided by Unpackbyveer with all accessories supplied and, if reasonably possible.
8.4 If the Client wishes to make use of his right of withdrawal, he shall be obliged to make it known to Unpackbyveer within 14 days of receipt of the product.
8.5 Online training, online coaching sessions and online products such as e-books, courses and similar products/services cannot be returned and/or revoked because Unpackbyveer cannot verify that the product/service has already been used and the product/service is directly accessible or sent within the withdrawal period. The right of withdrawal of, for example, an online training or e-book expires as soon as the training/e-book is opened/downloaded. The client expressly waives his right to withdraw for these products/services. On Unpackbyveer’s website it is stated which products are not returnable before Client proceeds to purchase.
Article 9: coaching
9.1 Unpackbyveer strives to ensure adequate and sound quality of the coaching that is offered during the online programs and coaching sessions. Unpackbyveer continuously improves its programs, trainings and sessions.
Unpackbyveer cannot guarantee any results or certain outcomes of its programs, training sessions and coaching sessions. The responsibility for the result desired by The Client and the intended implementation of the programs, coaching and trainings, as offered by Unpackbyveer, lies with the Client.
9.2 If the Client is not present at a scheduled coaching and/or online session without notice, the available time will expire and there is no right to catch up on the expired appointment. The client remains required to fulfil its financial obligations.
9.3 If the Client unexpectedly cannot be present at a scheduled (online) coaching sessions, the Client must opt out no later than 24 hours before the start of the (online) session. This can only be done by sending an email to info@unpackbyveer.com. In consultation with Unpackbyveer, it will be examined whether it is possible to catch up on the session at a different time. The client remains required to fulfil their financial obligations.
9.4 If the Client enters into a long-term process with Unpackbyveer, such as a program of several months with several consecutive (online) coaching sessions, interim termination by the Client of the course/program is only possible with very high exceptions.
9.5 Interim termination of the contract shall be without prejudice to the financial obligation still to be fulfilled by the Client.
Article 10: liability
10.1 Unpackbyveer accepts an effort obligation by providing the services and/or products. Although the content of the products and/or services provided by Unpackbyveer is subject to the utmost care, Unpackbyveer cannot rule out the absence of errors or incompleteness. Unpackbyveer is not in any way liable for any damage caused by such errors or incompleteness. The Client is responsible for the implementation of the advice given.
10.2 Unpackbyveer shall not be liable for damage to any person or property caused by accident, loss or theft during the services offered by Unpackbyveer.
10.3 Unpackbyveer cannot be held liable if, after the products/services she provides, the desired and/or expected (financial) results are not achieved by The Client.
10.4 Unpackbyveer is not liable for damages suffered by the Client or suffered by any third party as a result of improper use and/or failure to follow up given advice by the Client or any third party of products/services offered by Unpackbyveer.
10.5 Unpackbyveer cannot be held liable for the non-functioning of the online environment, for example for an online coaching session, due to improper, incorrect and/or negligent actions of the Client with regard to the functioning of the internal technical management/software of and with the Client.
10.6 Unpackbyveer’s liability for (attributable) failure to fulfil any obligation or on any other legal basis is limited to compensation for direct damage up to a maximum amount equal to the subscription costs of an online programme, cost of a coaching session or the cost of other services and will in no case exceed the amount paid under Unpackbyveer’s insurance with a maximum of AUD 5,000.00 per event except for intent or deliberate recklessness on the side of Unpackbyveer.
10.7 When participating in any service, session or program of Unpackbyveer, Unpackbyveer assumes that the Client is in good mental and physical health. If this is not the case or the Client has doubts about this, this should be communicated to Unpackbyveer via info@unpackbyveer.com
Article 11: intellectual property and rights 11.1 The intellectual property rights, including copyright, relating to the materials provided to the Client and other services, online programs, e-books and the like are available to Unpackbyveer.
11.2 All materials provided to the Client by Unpackbyveer in the context of the services and/or products are intended solely for the Client’s own use. Regardless of the manner in which, the Client is expressly not permitted to duplicate and/or publicly disclose the information obtained, to record and distribute it in any way, online or offline or to provide the login details or downloads to others. The Client is not permitted to develop or provide a similar activity on the basis of the information provided by or on behalf of Unpackbyveer, unless Unpackbyveer has given prior written consent.
11.3 The Client is not allowed to make video or audio recordings during (live)events, webinars and (online) coaching sessions. It is also not allowed to broadcast images (live) via social media or other distribution channels.
11.4 If Unpackbyveer notices that these rules are being violated, this may result in the Client being excluded from further participation in the event or use of the (online) product or service.
11.5 A Client participating in an event, (online) coaching session or other service of Unpackbyveer is not permitted to use, edit or otherwise use or publish workbooks, images, or the content provided to The Client for commercial purposes, unless Unpackbyveer has previously given written permission. Violation of this will have legal consequences in all cases.
11.6 The Client is allowed to take and publish photos of images via personal social media (without commercial purposes) with reference to Unpackbyveer. The Client is also allowed to take photos during the event that are shared via the Client’s personal social media account with reference to Unpackbyveer.
11.7 Unpackbyveer can record during her events, services and (online) coaching sessions (photos, videos and audio). It is possible that a Client who participates in the event or (online) coaching session can be seen on these images recognizable. Unpackbyveer has the right to use these images for internal use and improvement of its products and services. By participating in a live event or (online) coaching session, the Client gives permission to Unpackbyveer to use these images.
11.8 No rights can be derived from information on www.unpackbyveer.com and other online platforms or websites that contain Unpackbyveer’s utterations.
Article 12: confidentiality
12.1 Unpackbyveer and the Client are both obliged to keep confidential of any confidential information they have obtained from each other or from other sources under their agreement. Information is considered confidential if it has been communicated by the other party or if it results from the nature of the information and the nature of the service, such as an (online) coaching session.
12.2 The (personal) data of the Client that reaches Unpackbyveer via the site or otherwise is handled carefully and confidentially. Data is used exclusively for the stated purpose. Unpackbyveer complies with applicable privacy laws.
12.3 The Client will treat all information directly or indirectly relating to Unpackbyveer, including information about its working methods and other methods, confidentially.
Article 13: force majeure
13.1 If Unpackbyveer is unable to fulfil her obligations to the Client due to an uncalculable defect (force majeure), the fulfilment of those obligations shall be suspended for the duration of force majeure or Unpackbyveer shall be entitled, without default, to cancel the execution. Unpackbyveer will notify the Client of force majeure as soon as possible.
13.2 If force majeure lasts 30 days or more, both parties shall have the right to terminate all or part of the agreement, insofar as the force majeure situation so warrants.
13.3 In cases of force majeure, the Client is not entitled to any (damage) compensation and Unpackbyveer is entitled to claim payment in connection with the performance.
13.4 Force majeure means any circumstance independent of Unpackbyveer’s will, thereby preventing the fulfilment of its obligations to the Client in whole or in part or thus preventing the fulfilment of its obligations by Unpackbyveer, whether or not that circumstance was foreseeable at the time of the conclusion of the contract.
13.5 Force majeure also includes: war, unrest, flooding, fire, strikes, exclusions, blockade, riots, stagnation or other problems in production at Unpackbyveer or her suppliers, including the internet connection required for the realization of the training, coaching sessions or webinars, problems with own or third-party transport, devaluation, increase of import duties and/or excise duties and/or taxes, measures taken by any government agency, the absence of any government permit to be obtained, accidents, illness and computer failures; all this at Unpackbyveer and at the location where the training, coaching session or other service takes place.
Article 14: partial nullity
14.1 If one of the provisions of these terms and conditions is void or is being annulled, it shall not affect the validity of the other provisions in so far as the other provisions, taking into account the content and scope of the agreement, are not inextricably linked to the void or annulled part.
14.2 Unpackbyveer and the Client will in that case consult in order to agree new provisions to replace the void, or annulled, provisions which shall, as far as possible, respect the purpose and scope of the void or annulled provisions.
Article 15: applicable law and competent court
15.1 Any agreement between Unpackbyveer and Client is limited to Australian law.
15.2 All disputes which may arise as a result of the implementation of this Agreement or of further agreements which may result from this, and which cannot be resolved by mutual agreement between the parties, shall be settled by the competent court in Australia.