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Terms and Conditions

 

TERMS OF SERVICE

22 June 2022

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CAN NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

  1. Introduction

    1. The website https://www.sonjasmalheer.com/ (“the Website”) is operated and/or owned by The Creator Entrepreneur 

    2.  (Chamber of Commerce number 86667831 

    3. ) (hereinafter referred to as "The Creator Entrepreneur 

    4. ", "we", “our" or "us"). The Terms herein are entered into by and between The Creator Entrepreneur and the User. Any reference to "The Creator Entrepreneur", "we", "our," or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

    5. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any User who uses any one or more of the Services, accesses, refers to, views, and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User” "you" or "your").  

    6. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person. 

    7. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website and shall be construed as your consent to the amended or updated Terms.  Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

  2. Terminology

    1. Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through the use of a hyperlink of another website or by direct access to the Website, and who has no intention of using, or does not use, the Services offered by us;

    2. Business Days” shall mean any days which are not a Saturday, Sunday, or gazetted public holiday in the Netherlands during working hours;

    3. Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;

    4. Goods” shall mean the products and/or services as made available to a User for purchase on the Website and which shall include, inter alia, goods and/or services relating to the following: Digital or downloadable resources, an online course, one-on-one or group coaching, workshops, training online private forums operated by Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com.;

    5. "Party” or “Parties” shall mean The Creator Entrepreneur and/or the User as the context implies;

    6. Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;

    7. Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;

    8. Services” shall refer to the Services provided by us to the User as set out in clause  Clause 4 below;

    9. Terms” shall mean these Terms of Service as read together with the Privacy Policy, which Privacy Policy may be found at https://www.sonjasmalheer.com/pages/privacy-policy; and

    10. User” shall mean the Browser who completes the Registration Process on the Website to use the Services.

    11. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they are taken as interchangeable and therefore as referring to the same.

  3. Your agreement to these Terms

    1. Subject to, and on the basis of a User’s acceptance of the Terms, we grant you a limited, revocable, non-transferable license to access and use the Website per the various policies and agreements which may govern such use and access.

  4. Description of our Services

    1. The Website enables you to shop for and purchase Goods.

  5. Registration Process  

    1. Only Users may order and purchase Goods through the Website.

    2. In order to register as a User, you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy.  

    3. The provisions pertaining to processing your Personal Information are more fully in our Privacy Policy.

    4. If a user is of the view that their login details are being used by someone else, please contact us immediately at [email protected]  

  6. Purchase of Goods

    1. The Goods selected by the User for purchase and the individual price thereof shall be reflected in the User’s Cart.  The price of each Good shall automatically be tallied in the Cart as a total, which shall be inclusive of VAT to the extent that we are registered for VAT. 

    2. The delivery cost of the Goods shall also be included in the User’s Cart total.

  7. Payment

    1. Payment may be made in one of the following manners:

      1. Credit Card - where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until the additional information is received by us and authorization is obtained for the amounts. If we do not receive authorization, your order for the Goods will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

    2. Goods will only be released for delivery once payment has been received into our banking account.

  8. Delivery of Goods

    1. The Goods shall be delivered by email and download link on the Website.

    2. Our obligation to provide the Goods to you is fulfilled upon delivery thereof.  We are not responsible for any loss or unauthorized use of the Goods after the provision thereof to you.

  9. Warranties by the User

    1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true, and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.  

    2. The User further warrants that when registering on the Website it:

      1. is not impersonating any person; and

      2. is not violating any applicable law regarding the use of personal or identification information.

      3. Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:

        1. be used for personal use only; and

        2. not be disclosed by a User to any third party.

    3. The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorized or fraudulent, the User will be liable for payment of any such Goods purchased.  

  10.  Warranties by The Creator Entrepreneur

    1. We make no representation or warranty (express or implied) that the Website or Services will:

      1. meet a User’s needs;

      2. be accessible at all times;

      3. be accurate, complete, or current; or

      4. be free from viruses.

    2. Subject to express terms, The Creator Entrepreneur makes no representation or warranty as to the volume or subject area of Services accessible through the Website.

    3. Except for any express warranties in these Terms, the Services are provided “as is”. The Creator Entrepreneur makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.

    4. The Creator Entrepreneur does not warrant that the use of the Website will be uninterrupted or error-free, nor does The Creator Entrepreneur 

    5.  warrant that we will review information for accuracy.

    6. The Creator Entrepreneur shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of The Creator Entrepreneur 

    7. . While a User may have statutory rights, the duration of any such statutorily warranties will be limited to the shortest period to the extent permitted by required law.

  11. Unauthorized use of the Website or email addresses as provided by us

    1. A User may not use the Website for any objectionable or unlawful purpose.

    2. A User, apart from uploading Personal Information as required when completing the Registration Process, may also, after the purchase of Goods, add a review or comment relating to the Goods so purchased by it.

    3. We reserve the right to remove any such review in the event that the same is untrue, inflammatory, or libelous.

    4. A User undertakes not to send us spam mail or use other unsolicited mass e-mailing techniques.

    5. A User shall not introduce any virus, worm, trojan horse, malicious code, or another program that may damage computers or other computer-based equipment through email communication with us.

    6. A User may not sell, redistribute or use the information contained on the Website for a commercial purpose without our prior written consent.

    7. A User may not remove or alter our copyright notices or other means of identification, including any watermarks, as they appear on the Website or any of our emails.

    8. A User understands and agrees that it is solely responsible for compliance with any and all laws, rules, and regulations that may apply to its use of the Website or the Services.

  12. Links to other Websites

    1. The Website may contain links or portals to other websites. We have no control over websites operated by third parties, and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

  13. Limitation of Liability and Indemnity

    1. The Website shall be used entirely at a User’s own risk.

    2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.

    3. We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection, virus, worms, trojan horses, or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems, and procedures to protect itself from this issue.

    4. A User indemnifies us and agrees to keep us indemnified from and against any claim, loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.

    5. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.

    6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute, or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.

    7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive, or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money, or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

  14. Copyright

    1. Sonja Smalheer and the contents of the Website are the property of The Creator Entrepreneur unless specified otherwise and are protected by the Dutch and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services is our property, unless credit is attributed to the author thereof, and is, likewise, protected by the Dutch and international copyright laws.

    2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the Dutch copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

    3. Users have expressly prohibited from “mirror” any content on the Website or on any other server unless our prior written permission is obtained. Should such consent be provided, we reserve our right to withdraw such consent at any stage, at our sole and absolute discretion.

    4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods, or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

    5. All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not that of third parties, are the exclusive property of Sonja Smalheer.

  15. Intellectual Property

    1. A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website, including any algorithm used by us.

    2. We own or are licensed to use all intellectual property on the Website.  A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

  16. Breach

    1. If either party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.  

  17.  Arbitration

    1. Any dispute arising between the Parties in respect of the Terms shall require the Parties to use their best endeavors to resolve the dispute informally within 7 (seven) days of the dispute being raised in writing.

    2. If either Party provides written notification to the other that such attempt has failed, then each Party shall attempt to agree upon the appointment of a suitably qualified mediator within 10 (ten) days of such dispute being referred.

    3. If the agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon, and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment, then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules the Dutch law.

    4. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

    5. The arbitration shall be held –

      1. It will take place in the Netherlands, and Dutch law applies.

  18. Assignment and Novation:  

    1. We may assign or novate our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

  19. Force Majeure:

    1. The failure of either Party to fulfill any of their obligations under these Terms shall not be considered to be a breach of or default provided such inability arises from an event of Force Majeure and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.

    2. During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.  

  20. General

    1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with Will take place in the Netherlands and Dutch law applies.

  21. Severance

    1. If any of these Terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

  22. Domicilium Citandi Et Executandi and Contact Information

    1. The User and Sonja Smalheer choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

      1. The Creator Entrepreneur : Nobellaan 3, 6952 GS, Dieren, Gelderland, The Netherlands. 

      2. Email: [email protected]  

      3. User: The address as provided when registering on the Website.

    2. Both the User and The Creator Entrepreneur may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.

    3. All notices to be given in terms of these Terms will:

      1. be given in writing;

      2. be delivered or sent by email; and

      3. be presumed to have been received on the date of delivery.

  

REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the steps in the course and in our programs. The Company provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund, you must submit the requirement mentioned below explaining why the course did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at [email protected] and let us know you’d like a refund within 14 days after the date the first module is released. You must support your request with the requirement mentioned below.

 If you request a refund and do not include the written requirement by the end of the Refund Period, you will not be granted a refund.

You must submit the following item with your request for a refund:

  • Requirement: Tell us why this course or program was not a good fit for you and your art business needs. What did you expect that you did not get once inside the program?

We will NOT provide refunds for any request that comes after 14 days. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

Please note: If you opted for a payment plan and do not request a refund within the Refund Period, with the requirement at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and destroy all copies of the information provided to you, including, without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

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