Paulien Pierik Terms of Sale
Version 2.3, last updated 16 February 2019
Paulien Pierik offers entrepreneurship Programs (collectively, “Programs”) , specifically: 1. Virtual coaching services (collectively, “Coaching”) and 2. Online programs (collectively, “Online Programs”), which are sold under the brands “Paulien Pierik” & “Spark Academy”,
PART 1: TERMS AND CONDITIONS – SPECIFIC FOR ONLINE PROGRAMS
All Online Programs are delivered 100% online. Access to an Online Program includes: access to an e-learning environment on a Membership Site, course content in various formats and downloadable materials, as well as other information and materials created by Paulien Pierik for the Programs (collectively, “Content”) and access to a private Facebook Group. Access to Online Programs can be drip-fed. This will be communicated on the Online Program page.
PAYMENT POLICY – ONLINE PROGRAMS
By paying the Online Program fee, you are purchasing access for one (1) person to the selected Online Program offered by The Spark Academy. Upon registration, you will receive one username, password, and member profile for use during the course and in the private member section of the Membership Site. This username and profile is personal and non-transferable. You will also receive access to the private Facebook Group for 1 person (if applicable).
You are responsible to pay for any of the Online Programs in advance and in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method, unless a payment plan is offered and chosen.
REFUND POLICY – ONLINE PROGRAMS
It is our goal to offer high quality learning solutions. Therefore, if you do not get the desired results within the first 30 days, we will offer you a refund for the money you’ve paid us under this Agreement. Refunds are subject to the following conditions:
- To be eligible for a refund, you must submit your request within 30 days after payment, at the latest on the 30th day by 12pm CET.
- Refunds can only be requested via email: firstname.lastname@example.org.
- You are only eligible for a refund if you send us your finished assignments for modules 1, 2 and 3, PLUS the reason why the Online Program did not work for you.
- We will refund the money within 14 days after approval of the refund. Refunds will be made to the payment method you used when enrolling.
- After the refund is made, your access to the Online Program and private Facebook Group (if applicable) will be revoked.
PART 2: TERMS AND CONDITIONS – SPECIFIC FOR COACHING PROGRAMS
All Coaching serviceS will be delivered through Skype, Zoom or a similar software, and through e-mail support in between sessions.
PAYMENT POLICY – COACHING
By paying for Coaching, you are paying for one on one coaching for one (1) person. Coaching is non-transferable. Coaching will be paid either in full, or monthly, always in advance, through Paypal or credit card, or upfront, depending on the payment plan chosen.
You are responsible to pay for any of the Coaching in advance and in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method, unless a payment plan is offered and chosen.
CANCELLATION AND REFUND POLICY – COACHING
Coaching Programs may require a minimum commitment period (the “Initial Period”). This will be stated on the Coaching Program page. After this Initial Period, Coaching can be canceled monthly with a 1 month notice period.
The first 30 minute discovery call session is free. After this first coaching session, you will decide on a coaching package.
Refunds are not available for Coaching Programs. If you are unhappy with your coaching progress, then please let me know and I guarantee that we will work it out.
PLANNING AND CANCELING – COACHING SESSIONS
Coaching sessions will be scheduled at the latest 1 week ahead of the starting time of the session. Coaching sessions can be canceled up to 24 hours before the session. Sessions cannot be rescheduled more than three times.
PART 3: GENERAL TERMS AND CONDITIONS
You agree that the Programs contains proprietary Content that is owned by Paulien Pierik and/or the Spark Academy and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Program or Coaching files to sharing sites is considered stealing, and Paulien Pierik will prosecute such misconduct to the fullest extent permitted by law.
Paulien Pierik and the Spark Academy provide you with the Programs solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Programs or Coaching or the Content available in the Programs or Coaching in a manner that constitutes an infringement of Paulien Pierik’s or the Spark Academy’s rights or that has not been authorized in writing by Paulien Pierik. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Spark Academy Programs. You may, however, from time to time, download and/or print one copy of individual pages of the Membership Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Paulien Pierik or the Spark Academy, or infringe on any of Paulien Pierik’s or the Spark Academy’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Programs (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by Paulien Pierik and/or the Spark Academy, which reserve all their respective rights in law or in equity. THE USE OF THE PROGRAMS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF PAULIEN PIERIK AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Programs are common law trademarks or registered trademarks of Paulien Pierik and/or the Spark Academy. You are granted no right or license with respect to any of the aforesaid trademarks.
THIRD-PARTY MATERIALS AND WEBSITES
Paulien Pierik and/or the Spark Academy may provide links to third-party materials, tools as well as a Facebook group for community purposes. These third-party materials and websites are not part of the Program and they may be either withdrawn or terminated at any time without any liability on the part of Paulien Pierik and/or the Spark Academy. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Paulien Pierik and/or the Spark Academy is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, andPaulien Pierik and/or the Spark Academy does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Spark Academy will not be liable for your improper use of third-party materials and websites.
Programs and Coaching do not give any guarantee for results or future income. Results from other participators do not provide a guarantee for future results. Results depend mainly on the amount of effort you put into your own work. By purchasing a Program or Coaching, you agree that you have read and understood Disclaimer, which you can find here and which are hereby incorporated into this Agreement.
You andPaulien Pierik and/or the Spark Academy have entered into this Agreement in the Netherlands and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Spark Academy, shall be determined in accordance with the laws of the Netherlands, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) PAULIEN PIERIK, THE SPARK COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
PROTECTION OF REPUTATION
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Spark Company including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. All Programs are personal and non-transferable.
This Agreement can only be terminated by requesting a refund, according to the rules set forth in this Agreement. Your obligations to Paulien Pierik and/or the Spark Academy under this Agreement will survive expiration or termination of this Agreement for any reason.
Paulien Pierik reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Programs. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Programs will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Membership Site or you may be notified by either e-mail or postal mail.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Paulien Pierik and/or the Spark Academy harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any user Content; (3) any activity in which you engage on or through the Program; and (4) your violation of any law or the rights of a third party.
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
COMPLIANCE WITH LAW
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.