TERMS AND CONDITIONS

 

Thank you for choosing Advocacy Academy to learn more about advocacy! 

 

These Terms and Conditions (the “Terms”) govern the provision and use of the Advocacy Academy Online Learning Platform (the “Advocacy Academy”). 

 

Please read these Terms carefully. By accepting these Terms, you agree to be bound by these Terms. If you do not agree to the Terms, please promptly exit the Advocacy Academy. 

 

  1. GENERAL 

    1. The Advocacy Academy is owned by “Advocacy Academy SRL”, a private limited company incorporated in the Belgium whose registered address is at 1310 La Hulpe, Avenue Ernest Solvay 104, Belgium and registered with the Chamber of Commerce under the number BE0804.620.938 (“we” or “us”).

    2. In these Terms, references to “you” or “your” will refer to the user of the Advocacy Academy.  

    3. These Terms are applicable to all proposals, orders and agreements and/or legal relationships between us and you in regards to the Advocacy Academy. 

    4. By accepting these Terms and any applicable proposal and/or order form (the “Order”), you are entering into a legally binding agreement with us (the “Agreement”). The Agreement will commence as of the date you agree to these Terms, either electronically or through your written signature, and the applicable Order (the “Effective Date”). 

    5. We reserve the right to make alterations and/or additions to the Terms. The Terms will become applicable, unless objections against modifications are made in writing within 30 (thirty) days of the notification date of the change.

    6. Changes in and additions to the Agreements made between us are only valid when agreed to by us in writing.

    7. If the business name used by you denotes more than one (legal) person or organization, each will be responsible for the entire fulfilment of the obligations that may flow forth from the agreement with us. 

    8. Offers made by us are without engagement, unless the offer explicitly indicates otherwise in writing.

 

  1. CONTENT

    1. Advocacy Academy is an online platform that may be access through the following website <www.advocacy-academy.com> (the “Website”). Through the Website, you may access and use certain information, such as videos, presentations, documents, text, graphics, images, courses, audio, software, (training) materials and any other form of information (the “Content”). 

    2. Through the Advocacy Academy, you will have the ability to access and/or use content provided by third parties, such as websites and services maintained by such third parties (the “Third Party Content”). We are not responsible or liable for your access or use of, or inability to access or use, such Third Party Content. 

    3. You may have the opportunity to submit or post content on the Advocacy Academy, such as comments, feedback, or questions (“Your Content”). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in any media and throughout the world. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit Your Content and grant the rights described above.

    4. We reserve the right to remove or modify Your Content for any reason, including if Your Content violates these Terms, laws and regulations or any of our policies. 

 

  1. LICENSE AND RIGHTS

    1. Subject to your acceptance and compliance to these Terms, we hereby grant you a non-exclusive, non-transferable, revocable, non-sublicensable, limited right and license to: 

  1. Access, internally use and display the Website and Content solely for personal, education purposes and as necessary to browse and/or participate in the Content as permitted by us; 

  2. Download permitted Content from the Website so that you may exercise the rights granted to you by these Terms. 

    1. You guarantee that you will abide by all copyright notices and/or restrictions contained on the Website or the Content. You are not permitted to delete any attributions, legal or proprietary notices on the Website and/or the Content. 

 

  1. ADVOCACY ACADEMY ACCOUNT

    1. In order to use and access the Content provided through the Website, you will need to set up an account through the registration form on the Website (“Account”). The Account can also be set up by us. You agree that the information you provide for purposes of Account registration is accurate and will be kept accurate at all times.  

    2. You will not share your login name, password, authentication credentials, or other means of access to your Account with a third party, unless authorized by us. 

    3. You are solely responsible for maintaining the confidentiality of your Account information, such as your password. You carry all responsibility, liability and costs related to the use of your Account information. In no event will we be liable for the misuse and/or unauthorized use of your Account information. 

    4. You will notify us in the event of loss, theft and/or other forms of unauthorized use of your Account, in order to enable us to take the proper actions.

    5. If under the order or elected plan we agreed to multiple authorized users of the Advocacy Academy, you will guarantee that at any given time the maximum number of users will not be exceeded. It is prohibited for you to let multiple persons use the same Account without prior written permission from us.

 

  1. PRICE AND PAYMENT

    1. The fees for your use of the Advocacy Academy shall be set out by us in the Order or on the Website (the “Fees”).   

    2. Unless otherwise specified, all Fees exclude VAT and other taxes imposed by the government. The Fees invoiced to you will include applicable VAT and other taxes possibly imposed by the government.

    3. We will invoice the Fees, appropriately itemized, owed by you on a yearly basis to you and/or other term indicated in the Agreement. You will pay all Fees within 14 (fourteen) days of the invoice date. These payments will not be subject to compensation, set-off (“verrekening”) or suspending of obligations (“opschorting”). Complaints about the invoice must be brought to us in writing and with proper arguments. Disputing of a part of the invoice, whether well-founded or not, leaves unhindered the obligation to pay the undisputed part in accordance with this clause.

    4. Should you fail to fulfil any payment obligation, You are in breach without any further notification of breach being required. We reserve the right to charge all incurred costs to you, including judicial and extra-judicial expenses, with regard to the collection of debts from you. In any case you will be charged interest on a monthly basis, at the legal percentage rate increased with 3%, on all outstanding debts starting from the date of failure to pay.

    5. Until full payment of Fees has been made, we has the right to suspend all services and obligations to you. Your obligations to meet your commitments remains unchanged.

 

  1. INTELLECTUAL PROPERTY 

    1. We and all of our licensors retain all intellectual property rights in and to the Advocacy Academy and its components, including the scripts, graphics, documentation, portals, URL’s, look and feel, appearance, structure, organization, design material and all other elements of the Advocacy Academy, including the Website and Content (the “IPR”). You agree that the IPR remains our property, including all updates and modifications. 

    2. You agree that you have no rights in or to the IPR other than the right and license provided to you in accordance with these Terms. 

    3. You shall not reproduce, modify, distribute, display, perform, or create derivative works from any part of Website or Content without prior written permission from us. We reserve the right to immediate

 

  1. TERM AND TERMINATION 

    1. The Agreement, for which no further term has been agreed, has a term of 1 (one) year as of the Effective Date. If this Agreement is not terminated or not timely terminated, it shall be extended repeatedly in increments of 1 (one) year. 

    2. Termination of the Agreement as described in clause 7.1 by either party occurs by means of a written notice provided to us via email and which must be received by us no later than 30 (thirty) days prior to commencement of the extension date of the Agreement.

    3. We have the right to, notwithstanding our right to claim full compensation for damages,  immediately terminate the Agreement, wholly or partially, without judicial intervention through means of a non-judicial declaration and/or withdraw and/or annul an Order if you, (a) fail to pay any Fees, (b) breach the Agreement and such breach has not been rectified within fourteen (14) days after the receipt of notice to rectify served by us (c) use the Website and/or Content in any way that is inappropriate, illegal or may adversely affect our reputation in any way, (d) become insolvent, file for bankruptcy, make a general assignment for the benefit of creditors, you are liquidated or end for any reason other than reconstruction or company merger. In these cases, any claim by us will be immediately due, and we will not be liable for this termination. 

    4. Upon termination of this Agreement (a) your license rights under this Agreement will terminate immediately and you must immediately cease to use the Advocacy Academy; (b) you will no longer be authorized to access your Account; (c) all payment obligations accrued prior to the termination will survive termination. 

 

  1. PERSONAL DATA

    1. We are committed to protecting the privacy of our users. We only collect personal data that is necessary to provide our services, and we use that data only in accordance with this privacy clause. This data may include your name, email address, mailing address, phone number, credit card information, and other information that you provide to us when you create an account, purchase a product or service, or contact customer support.

    2. We will not share your personal data with any third parties without your consent, except as required by law. We will take all reasonable steps to protect your personal data from unauthorized access, use, or disclosure.

    3. We are committed to complying with the GDPR. We have implemented a number of measures to protect the personal data of our users, including:

 

  1. LIABILITY 

    1. To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential or punitive damages, or any losses such as (without limitation) loss of profits, goodwill, loss as a result of claims of your clients, loss arising from use of the Website and/or Content and any damage and loss arising from corruption, destruction or loss of data or documents. Any liability, whether based on contract, tort (including negligence), statute or other legal theory is excluded to the fullest extent possible permitted by law.  

    2. Our total liability shall be limited, in accordance with clauses 8.1 to compensation for direct damages and to a maximum of the amount received by us of the price stipulated in the Agreement (excluding VAT) to a maximum of € 1000.- (one thousand euros), whereby a sequence of events is regarded as one event.

    3. You agree to indemnify us and keep us indemnified from and against all claims from any third party arising from or in connection with: (a) your breach of any law or regulation; (b) your breach of the Agreement; and (c) your breach of any intellectual property right. 

    4. Nothing in these Terms affect any statutory rights that you are entitled to if you are a consumer.

    5. The Website and Content are provided to you “as is” and in good faith and we make no warranties or representations with respect to either of them. 

 

  1. TRANSFER

    1. The Agreement between us and the rights and obligations, which flow forth from this agreement, cannot be transferred to a third party by you without the prior written consent from us.

    2. You gives us in advance the right, without needing the explicit approval of you except if needed under Dutch consumer laws, to transfer the whole Agreement or parts thereof to:

  1. holding-, sister- and/or subsidiary companies;

  2. a third party in the case of merger or acquisition of us 

In the event this happens, we will inform you.

 

  1. FORCE MAJEURE 

    1. Neither party is obligated to fulfil any obligation if they are prevented from doing so as a result of circumstances, which can be considered beyond their fault, and for which a party cannot be held accountable by law, legal act, or generally accepted practices. The aforementioned circumstances include circumstances that are beyond our power as well as our business risks of, these include but are not limited to failure to perform by any of our suppliers, bad weather conditions, water damage, fire, explosions, electricity failures, (D)Dos-attacks, hacking, cracking or any downtime or unavailability caused by unlawful conduct by third parties, the destruction, damaging or disabling of any automated system or any system for telecommunication by whoever, causing interference in the course or the working of such system, or frustrating by whoever of a security measure taken with respect to such system, interference in networks, floods, illness, lack-of-staff, strike or other employment conflicts, accidents, actions by the government, not being able to obtain required licenses and/or permits, lack of materials, theft, traffic disruptions and/or transportation problems.

    2. When force majeure is of a temporary nature, we have the right to suspend our commitments under the Agreement until the force majeure has ceased to exist without being obliged to any form of damage compensation.

    3. We reserve the right, in the case of force majeure, to collect payment for obligations already fulfilled before force majeure was known.

    4. In the event that the force majeure of either party surpasses a three month period, either party has the right to terminate the Agreement without being obliged to any form of damage compensation regarding such termination.

 

  1. NULLITY

    1. If one or more terms (or part of a term) of the Agreement are nullified, declared to be nullified, annihilable or have lost their validity in another way, the other terms (or part of the term in question) of the Agreement will remain in force undiminished.

 

  1. APPLICABLE LAW AND DISPUTE RESOLUTION

    1. All Agreements made between us are governed by the laws of The Netherlands. We explicitly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.

    2. All disputes between us, that cannot be resolved amicably, will be placed before the qualified court in The Hague, the Netherlands.