Terms & Conditions
Website Terms of Use
Welcome to our website. By continuing to browse or use this website, you indicate your acceptance of these terms of use. If you do not accept these terms, you are not authorized to use this website. We may amend these terms at any time, and you should check for updates from time to time. The amended Terms of Use will be effective from the date they are posted on this website.
This website is owned and operated by Leaps Coaching Company, whose registered address is Prinsengracht 955 G Amsterdam, The Netherlands Registration No. 68818882. Leaps Coaching Company is referred to in these terms as “we”, and “us”.
Access
We try to ensure that the website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this website becomes temporarily unavailable due to technical issues, or issues beyond our control. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.
To access or use the Website, you must be 18 years or older and have the requisite authority to enter into these Terms and Conditions.
Privacy and Data Protection
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. By using this website you consent to such processing and warrant that all data provided by you is accurate.
Your Account
You should keep your registration details (including your password and log-in) secure and must not give them to any other person. You are responsible for all activity carried out using your registration details, whether or not you have allowed or facilitated it. If you discover or suspect that your registration details are known by a third party or are being used without authorization, you must tell us immediately.
You should keep all your personal information up to date. You may add additional addresses as required, and set a default address for delivery. Please note that we will not retain your credit or debit card details.
When logged in to your account, you will be able to check and edit your personal information, see your order history. You can manage your newsletter subscription options by going to the bottom of a newsletter and clicking “update profile.”
Visitors and Registered Users
Any user who voluntarily signs up for more information (e-newsletter, promos, bonus materials, etc), or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors. Visitors can view all publicly available content on the Website and also contact us by email.
Registered Users. Registered Users can access all publicly available content on the Website, contact us by email, and upon registration for an e-newsletter, product, service or program, may also gain access to exclusive content hosted as part of this Website.
The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.
Intellectual Property
The website and any property belonging to or associated with us, including any trade mark or trade name, logos and software, and all information and other content on the website (including, but without limitation, text, graphics, videos, music, sound and links) is and remains at all times our property or is used under licence and is protected under international treaty provisions and world-wide copyright laws and you agree that you will not infringe any such rights in any way.
Without our prior written permission, you may not copy, modify, alter, reproduce, create derivative works from, publish, broadcast, distribute, sell, transfer or exploit any material on this website or the underlying software code whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for your personal non-commercial use, or if you are a business customer, for purposes which are necessary to our business relationship.
Permitted Use
You may only use this website in line with these terms, and for lawful and proper purposes. You must comply with all applicable laws, regulations and codes of practice within the NL or other jurisdiction from which you are accessing this website. In particular, you agree that you will not:
Use this website in a manner which causes or may cause an infringement of the rights of any other person or which violates any applicable law or regulation;
Make any unauthorized, false or fraudulent buys;
Use any software, routine, engine or other device to interfere or attempt to interfere electronically or manually with the operation and look of this website, or to breach or attempt to breach its security.
We reserve the right in our sole and absolute discretion to restrict or prohibit your access to this website at any time and for any reason. If you violate any of these terms, your permission to use this website shall terminate immediately without the necessity for any notice.
Our Liability
Keeping the information on this website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms with might otherwise be implied by statute, common law or the law of equity and all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of this website and for any other loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise.
While we try to ensure that the website is secure, we cannot guarantee the security of your personal information, nor that the website (or any website to which you may be linked) is free from viruses or similar matters that may damage your website, computer or systems. We accept no responsibility for any loss of data, or for any denial, restriction or interruption of access.
Nothing in these terms affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Links to Other Websites
This website may include links to other internet sites for information purposes. These links are provided for your convenience to provide further information. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. We can also give no guarantee they are free from viruses or anything else that could be infectious or destructive. You access and use those websites entirely at your own risk.
You may only link to this website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial. You must not establish a link for any website which is not owned by you.
Indemnity
You agree to indemnify, defend and hold us harmless from any and all liability, damage, loss, claim and expense (including reasonable legal fees) related to any breach by you of these Terms of Use. You agree to be fully responsible for and fully indemnify, defend and hold us (including our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the website using your password, personal computer or other electronic device, or internet access account. You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
Submissions and User-Generated Content License
There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). Where the website allows, you are permitted to submit comments, communications, suggestions, ideas, questions, or other information, provided that the material submitted is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted shall not contain malware, software viruses, or spam, including political campaign material, commercial solicitations, chain letters, or mass mailings. You may not use false e-mail addresses, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.
You agree that any content you submit to us, i.e. “User Generated Content,” as described above, will not be subject to any expectation of privacy, trust, or confidence between us and that no confidential, fiduciary or other relationship is intended or created between you and us. If you post any such content, intentionally or unintentionally, you are granting us a License in said content, and we and any others we designate from time to time shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content. To be clear, we have the right to use, reproduce, license, sub-license, transfer, print, display, exhibit, distribute, re-distribute, publish, modify, translate, or create derivative works of any User-Generated Content that you submit or provide, without any further permission from or notice or payment to you. You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us.
You represent and agree that you own, have full rights to or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, our Privacy Policy, or the rights of us or any third party and will not cause injury to anyone. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.
Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
Law and Jurisdiction
Your use of this website, any material downloaded from it and the operation of these Terms and Use shall be governed by, construed and interpreted in accordance with the laws of the Netherlands and you agree to submit to the non-exclusive jurisdiction of the Dutch courts. We reserve the right to bring proceedings in the courts of the country of your residence or any other country.
General
Data Protection
In processing your personal data, we comply with all applicable Data Protection legislation. Please see our Privacy Policy for details.
Intellectual Property
All materials provided to you by us or by our staff or speakers or associates, and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, software, text and graphics are the sole property of the Company or our speakers or associates, and you agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your own personal use, but no other use of them is authorized.
Force Majeure
We will not be liable for any breach of this Agreement which is a result of circumstances beyond our reasonable control, including but not limited to strike, lock-out, labor dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
Rights of Third Parties
A person who is not a party to this contract has no rights to rely upon or enforce any term of this contract. This does not affect any right or remedy of a third party which exists or is available outside of the Contracts (Rights of Third Parties) Act 1999.
Assignment
You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
Severability
If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
No Waiver
Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
Variation
This Agreement may only be varied by express written agreement of the parties.
Jurisdiction
The construction, validity and performance of this Agreement shall be governed by the law of the Netherlands, and both parties submit to the exclusive jurisdiction of the Dutch Courts.