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Subscription and delivery conditions

Subscription and delivery conditions

These conditions consist of three parts:

PART 1. General provisions

PART 2. Additional provisions for consumers

PART 3. Additional provisions for business subscribers

PART I: GENERAL PROVISIONS

Article 1 - Definitions

Offer
Every offer from WOOSH5 to enter into a Subscription Agreement.

Subscriber
The natural person or legal entity with whom WOOSH5 enters a Subscription Agreement, to whom WOOSH5 provides a Service or with whom WOOSH5 is in a different legal relationship.

Subscription agreement
Any agreement between WOOSH5 and a Subscriber that gives the Subscriber the right to receive the agreed subscription during the contract period, subject to payment of the applicable subscription rate. This also includes - depending on the Subscription Agreement - the Service (s) offered by WOOSH5.

Terms and Conditions
The terms and conditions. (see also www.WOOSH5.com/conditions for Use

WOOSH5
WOOSH5
 is WOOSH5 Inc., with registered offices at 1207 Meflord Drive, Houston TX 77077 and the WOOSH5 LLC registered at the same address.

Shift
All current and future electronic or digital and other services offered by WOOSH5 that may or may not be part of a Subscription Agreement, such as but not limited to the Website, all digital applications, digital news facilities and archives, and all subscriptions offered by WOOSH5, used by natural or legal persons. Certain Services are only accessible to those who have signed a Subscription Agreement.

First period
The first installment commences on the moment that the subscription starts according to the Subscription Agreement and the term continues during the period agreed between WOOSH5 and the Subscriber in the Subscription Agreement.

Subscription product
All products or services to be sold as a subscription via WOOSH5BV via the website of WOOSH5 and WOOSH5Assist BV.

 

Platform
The website (s) managed by WOOSH5.

Article 2 - Applicability

2.1. The General Terms and Conditions apply to all Offers, Subscription Agreements and to any use of the Services of WOOSH5, insofar as not deviated from in accordance with article 2.7.

2.2. The General Terms and Conditions explicitly do not apply to agreements to place an advertisement in a Subscription Product.

2.3. In addition to PART 1 of the General Terms and Conditions, PART 2 or PART 3 also apply depending on the nature of the Subscriber. In case of contradiction between the different parts, the special part prevails over the general part. In the event of a conflict between the General Terms and Conditions and the Subscription Agreement, the Subscription Agreement prevails.

2.4. The General Terms and Conditions have been made available on the Website. Upon request WOOSH5 will send a copy of the General Terms and Conditions free of charge.

2.5. By entering into the Subscription Agreement and using the Services, the Subscriber declares to be aware of and agrees to the General Terms and Conditions. WOOSH5 explicitly rejects the applicability of the Subscriber's General Terms and Conditions, however named.

2.6. Without the prior written consent of WOOSH5, the Subscriber is not entitled to transfer his rights or obligations under the Subscription Agreement or from the use of the Services to third parties.

2.7. WOOSH5 is entitled to change the General Terms and Conditions unilaterally. WOOSH5 will announce a proposed change in the Subscription Product and on the Website. The amended General Terms and Conditions apply from the date of entry into force to all existing and future Subscription Contracts, even if these have been concluded prior to the amendment of the General Terms and Conditions.

2.8. In the cases in which the relevant Subscription Agreement and the General Terms and Conditions do not provide, WOOSH5 will make an arrangement in reasonableness.

2.9. The (total or partial) invalidity or ineffectiveness of one or more provisions of the General Terms and Conditions does not affect the validity or binding nature of the other provisions. If it appears that a provision is invalid or non-binding, WOOSH5 and the Subscriber will replace the invalid or non-binding part with a provision that is valid and binding and of which the legal consequences, having regard to the content and scope of the provision in question, are as far as possible correspond to that of the invalid or non-binding part of this provision.

Article 3 - Offers and subscription rates

3.1. All WOOSH5 Offers that are aimed at a specific person or specific company are always one-time, non-committal and only valid during the period stated in the Offer. If no explicit term is mentioned, an Offer is valid for 14 days.

3.2 The Subscription agreement can be concluded both in writing and electronically. WOOSH5 confirms the conclusion of the Subscription Agreement in writing or electronically to the Subscriber. 3.3. WOOSH5 is entitled to refuse a request to enter into a Subscription Agreement without stating reasons, or to attach additional conditions to the conclusion of the Subscription Agreement.

3.4. WOOSH5 is entitled to change the subscription rates, including (but not limited to) based on the Consumer Price Index figure (CPI) set by the Central Bureau for Statistics (CBS). Each planned subscription tariff increase will be published in the Subscription Product as well as on the Website no later than one calendar month before it enters into force and does not apply to all current Subscription Agreements.

3.5. The rates stated in Offers do not apply to Subscription agreements that are already pending or to be renewed, unless WOOSH5 explicitly states otherwise in the Offer.

Article 4 - Delivery of the Subscription Product

4.1. WOOSH5 will take the utmost care to ensure timely and correct delivery and the Subscription product and all associated services.

4.2. WOOSH5 is entitled to change, replace or change the Subscription product at any time.

4.3. Complaints about the content or accessibility of the Subscription product can only be reported online support@woosh5.com.

4.4. The Subscriber is not entitled to a refund of part of the subscription fee paid by him if during one or more days the Subscription Product cannot be made available online by WOOSH5 as a result of a force majeure situation that makes the delivery impossible. However, refunds can be offered in the form of a free extension of the subscription with the period that the Subscriber could not make use of the services on the platform.

Article 5 - Payment

5.1. If a single payment of the Subscription product is chosen, the payment is made directly online via IDEAL or a credit card debit.

5.2. If you choose to pay per month, you have to give an authorization for direct debit from the credit card. This authorization will only be used to collect the subscription fee. Changes to the credit card number or the payment method must be made known by the Subscriber to WOOSH5 Inc.

5.3. Questions regarding invoices for the Subscription Agreement must be addressed to the WOOSH5 customer service no later than 8 days after receipt of the invoice.

Article 6 - Address details

6.1. The Subscriber shall ensure that all data, of which WOOSH5 indicates that they are necessary, or of which the Subscriber should reasonably understand that these are necessary for the performance of the Subscription Agreement, are provided in time to WOOSH5.

6.2. The Subscriber is fully responsible for the correctness and completeness of the information given to WOOSH5 by the Subscriber.

6.3. Address changes must be forwarded to subscriptionsadministratie@WOOSH5.nl no later than 5 working days before the change takes place.

6.4. WOOSH5 may assume that the provided billing address as well as the e-mail address are correct, until the Subscriber has communicated a new address to WOOSH5.

Article 7 - Services

7.1. The Subscriber is responsible for the purchase and management of equipment, connections and software for receiving and using Services (such as computers, internet connection, tablets, mobile phones etc.) and is aware that WOOSH5 is partly dependent on the manufacturers and developers. of that equipment and software. If a manufacturer or developer drastically modifies his conditions, guidelines or exploitation opportunities for a particular medium, or if the equipment or software changes drastically, WOOSH5 will endeavour to continue the delivery of services as much as possible. However, if this is not reasonably possible, or the costs are substantially increased, the Subscription Agreement can only be partially terminated by both parties in respect of the Service (s) affected by this, while maintaining the other Services from the Subscription Agreement. The termination has no retroactive effect and WOOSH5 is not liable for compensation due to this termination.

7.2. Certain connections, such as data or internet connections, may be required for the use of Services. The Subscriber must himself take care of a working connection and bear the costs thereof. 

7.3. WOOSH5 gives uninterrupted or unhindered access to the Services, or any other guarantee that is not expressly included in the General Terms and Conditions.

7.4. WOOSH5 will maintain and secure the Services with care. WOOSH5 does not guarantee that damage cannot be caused in any way to equipment or software of the Subscriber. WOOSH5 is not liable for such damage.

7.5. The Subscriber must refrain from any use of the Services that is unlawful or harmful to the interests of WOOSH5, the companies belonging to WOOSH5, suppliers, service providers or other users of the Services. In particular, the Subscriber will not use the Services in a way that could disable, overburden, impair the Services and all associated networks, or that could negatively affect the user experience of any user of the Services.

7.6. WOOSH5 is entitled to change or interrupt its Services at any time and for any reason whatsoever, to add or remove essential functions or functionalities, sections, services and suppliers, to change, to replace or to cancel.

7.7. WOOSH5 is entitled to carry out maintenance activities and to make changes to the manner of use of and access to the Services, including procedural and technical changes and changes in the delivery as well as in the content and appearance of the Services.

7.8. WOOSH5 is entitled to deny the Subscriber access to Services with immediate effect and without any compensation, if and as soon as it has reasonable grounds to suspect that the Subscriber is using the Services in a way that is contrary to the provisions in the General Terms and Conditions, the law or with what is appropriate in society.

Article 8 - Intellectual and industrial property rights

8.1 On all content and layout (including but not limited to: texts, photos, logos, drawings, other images, sound clips, films, data files, including the layout, and characteristic colour combinations, domain names) of the Subscription Product and the Services rest intellectual and industrial property rights. By entering into a Subscription Agreement or the use of the Services, the Subscriber does not acquire any such right in any way.

8.2 Without the prior express and written consent of WOOSH5, it is not permitted to publish, multiply, scan or otherwise exploit the entirety or parts of the Subscription Product unless otherwise agreed.

8.3 The taking over of articles, images or other contents of WOOSH5 by media with a news function as referred to in Article 15 of the Copyright Act is only permitted with the prior written permission of WOOSH5.

8.4 The Subscription Product uses various trade and brand names, logos and other signs, which are protected word or figurative marks. This concerns both brands of WOOSH5 and third-party brands that WOOSH5 may use on the basis of an agreement concluded with that party. Any use of these trade names, marks or similar symbols is strictly forbidden, without the prior written permission of the person (s) entitled thereto.

8.5 If the Subscriber violates the intellectual or industrial property rights of WOOSH5, the Subscriber is liable for all damage that WOOSH5 suffers as a result or in connection therewith.

8.6 Insofar as the provisions in this article relate to intellectual property rights of third parties, such as suppliers of WOOSH5 or advertisers, the provisions and stipulations of this article can be regarded as a third-party clause as referred to in State and Federal Law.

Article 9 - Liability

9.1. If the Subscriber suffers damage due to a shortcoming in the performance of the Subscription Agreement due to WOOSH5WOOSH5 is liable for the damage referred to in Section 6:96 of the Netherlands Civil Code, with due observance of the provisions of the following paragraphs of Article 9. directly and directly.

9.2. Unless the damage has arisen as a result of intent or gross negligence of WOOSH5 or its (management) employees, WOOSH5 is in no way liable for any (consequential) damage that the Subscriber suffers or could suffer as a result of failure to do so. make the Subscription Product available on time.

9.3. The Subscriber must report any damage to WOOSH5 as soon as possible and no later than 1 week after its occurrence.

9.4. The liability regulation in the previous paragraphs of this article also applies to third parties that WOOSH5 engages for the performance of the Subscription Agreement, as well as to persons for whom WOOSH5 or such third party is liable.

9.5. The information in the Subscription Product has been compiled carefully and to the best of its ability by WOOSH5. However, WOOSH5 is in no way liable for damage, of whatever nature, which is the result of (possible) incorrect information in the Subscription Product or any other work arising from or related to the Subscription Product.

Article 10 - Privacy

10.1. WOOSH5 will treat personal data as referred to in the Personal Data Protection Act in a confidential manner in accordance with the Privacy Statement published on the Website

(www.WOOSH5.com/en/privacy). The Subscriber declares to have read the privacy statement and is in agreement with it.

Article 11 - Applicable law and competent court

11.1. Exclusively Dutch law applies to every Subscription Agreement and to and every delivery of Services.

11.2. The court in Houston has exclusive jurisdiction in the first instance to take cognizance of any dispute arising from a Subscription Agreement, a Service or the General Terms and Conditions.

PART 2: ADDITIONAL PROVISIONS FOR CONSUMERS

By 'consumer' is meant here: the natural person who does not act in the exercise of business or profession. In addition to PART 1, the following additional conditions apply to consumers:

General

1.1.The Subscription Agreement is entered into for the agreed period. A Subscription Agreement can be entered into for a definite or indefinite period.

1.2.The Subscriber can cancel the Subscription Agreement during the First Term by the end of the First Term, with due observance of a notice period of 4 weeks and in accordance with the provisions of Article 1.3.

1.3.The Subscriber can only terminate the Subscription Agreement by e-mail at abonnementenadministratie@woosh5.com or in writing, by registered mail.

1.4.If a subscription, whether or not as a result of an offer of WOOSH5, is changed by the Subscriber, this shall be deemed to be a new Subscription Agreement with a new First Term whereby the termination clause as described in Article 1.2 applies.

Contract for a definite period of time

1.5 A Subscription Agreement for a definite period of time is automatically renewed on the expiry date of the First Term with an equal period at the then applicable Subscription Fee. The Subscriber can terminate the Subscription Agreement after the renewal in accordance with Article 1.3, with due observance of a notice period of one (1) month before the end date of the extension.

If the Subscriber terminates less than 1 month before the end of the First Term, the Subscription Agreement will be extended once more with the same period after the end date of the grant.

Contract for an indefinite period

1.6. After the extension of the First Term to a Subscription Agreement for an indefinite period, the Subscriber can terminate the Subscription Agreement at any time in accordance with the provisions of Article 1.3. and with due observance of a notice period of 1 month.

Failure to pay by Subscriber

1.7. If the Subscriber is in default, all costs of judicial and extrajudicial collection of the amount due will be borne by the Subscriber and he will owe default interest to WOOSH5 at the level of the statutory interest without further summons or notice of default on outstanding amounts. The interest on the due and payable amount will be calculated from the moment that the default takes effect up to the moment of payment of the full amount due.

1.8. The subscription rates for consumers mentioned by WOOSH5 are in euros including VAT, unless expressly stated otherwise.

1.9. The right to make use of the Services, as offered under the various Subscription Agreements, and to make use of the information contained therein is personally bound to the Subscriber and may not be transferred, put into use, let or otherwise addressed to third parties. third parties are given up or shared with third parties. If Subscriber acts contrary to the provisions of this article, he forfeits an immediately due and non-refundable fine of € 250, without prejudice to the right of WOOSH5 to claim full compensation.

PART 3: ADDITIONAL PROVISIONS FOR BUSINESS SUBSCRIPTIONS

In addition to PART 1, the following additional conditions apply to subscribers who act in the course of a business or profession:

1.1. Where PART 2 refers to 'User (s)' is meant: the natural person who - whether or not in the service of the Subscriber - as an employee or employee of the Subscriber is authorized by the Subscriber to make use of the Subscription Agreement and the Services that may be part of it.

1.2. The Subscription Agreement is entered into for the agreed term, after which the Subscription Agreement will be tacitly extended by 1 year each time. The Subscription Agreement can be terminated in writing 3 months before the end of the current period by registered mail, but cannot be terminated prematurely.

1.3. If the Subscriber is in default in the fulfillment of any obligation under the Subscription Agreement, all costs of judicial and extrajudicial collection of the amount due will be at the expense of the Subscriber and he will owe default interest to WOOSH5 without further summons or notice of default on outstanding amounts. level of legal trade interest increased by 2 percent. The interest on the due and payable amount will be calculated from the moment that the default takes effect up to the moment of payment of the full amount due.

1.4. WOOSH5 is only liable for direct damage of the Subscriber, arising as a result of a shortcoming in the fulfillment of any obligation, from the Subscription Agreement, including only replacement compensation, the reasonable costs incurred to prevent or limit such damage, the reasonable costs for establishing of such damage, as well as reasonable costs for obtaining payment out of court. The liability of WOOSH5 is limited to the gross amount of the most recent invoice paid by Subscriber under the Subscription Agreement. WOOSH5 is never liable for indirect damage, including consequential loss, turnover and profit loss, damage due to business stagnation, reduced goodwill in the company, claims by third parties and financial loss other than property damage or personal injury.

1.5. The subscription rates stated by WOOSH5 are exclusive of VAT and in euros unless explicitly stated otherwise.

1.6. WOOSH5 can terminate the Subscription Agreement in writing at any time with due observance of a notice period of 1 month without being obliged to pay any compensation.

1.7. Without prejudice to the powers that WOOSH5 is entitled to by virtue of the law and without being obliged to pay any compensation, WOOSH5 is entitled to claim a Subscription Agreement or the provision of Services with immediate effect, and without prejudice to the right to claim repayment of the amounts already paid and compensation, without to dissolve legal intervention if:

(i) the Subscriber, even after serving notice (if required), fails to comply with its obligations under the Subscription Agreement;

(ii) the Subscriber is placed under guardianship;

(iii) the Subscriber applies for or obtains a debt rescheduling arrangement or an event occurs or occurs in a situation that is comparable to one of the aforementioned events or conditions; or

(iv) a change in circumstances occurs that no longer warrants the maintenance of the Subscription Agreement.

1.8. If the relationship and the Subscription Agreement between WOOSH5 and Subscriber is terminated, for whatever reason or on whatever grounds, all claims of WOOSH5 on the Subscriber are immediately due and the Subscriber shall pay all outstanding debts to WOOSH5, for which they fail to do so. being held liable.

1.9. Upon termination of the Subscription Agreement for any reason or on any grounds whatsoever, all provisions of the General Terms and Conditions regarding confidentiality and intellectual and industrial property will remain in force.

1.10. The Subscriber waives all rights to termination and dissolution of the Subscription Agreement, unless mandatory legal provisions oppose this.

1.11. The right to make use of the Services, as offered under different Subscription Agreements, and to make use of the information contained therein is reserved and limited to the number of agreed Users and cannot be transferred to third parties or other employees or employees of the Subscriber , given in use, let or given to third parties in other ways, or shared with third parties. The Subscriber guarantees WOOSH5 that no other employees or employees of the Subscriber other than the Users will use the Services of as agreed under the Subscription Agreement or will have access to them.

The Subscriber will take adequate measures to prevent unauthorized use by employees and third parties. If the Subscriber acts in violation of the provisions of this article, he forfeits an immediately due and non-refundable fine of € 50,000, without prejudice to the right of WOOSH5 to demand full compensation.

 

Last changes April18 2018

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