Monsley Terms and Conditions

GENERAL CONDITIONS

Questions about these conditions? Please contact [email protected]


Definitions

In these terms and conditions, the following words have the meanings stated behind them, unless the context shows otherwise:

Monsley means the trade name 'Monsley' of the company Monsle BV, located at IJsbaanpad 64-F, in Amsterdam, The Netherlands and registered in the Dutch Trade Register of the Chamber of Commerce under number 75349345;

Terms of use  are the present conditions, also referred to as general conditions or conditions;

Account  is the personal account that is made available to you by Monsley via the Web portal for the purpose of using the purchased Services;

Web Portal is the logged-in website environment of Monsley from which the Services are accessed;

Agreement is the agreement between you and Monsley under which you can use the Services and of which these terms and conditions form an integral part;

Services  are any services and products that Monsley provides to you under the Agreement, which may include providing access to the Web portal.

Offer  is any offer of Services made to the Consumer on or outside the Website;

Cooling-off period  means the period within which a Consumer can exercise his right of withdrawal;

Right of withdrawal  means the possibility for a Consumer to waive the distance contract within the Reflection period. Also called 'Money back' guarantee on the Website;

Consumer  means the natural person who is not acting for purposes related to his trade, business, craft or profession;

Day  means calendar day;

Office hours:  the time from 09:00 to 17:00 from Monday to Friday, with the exception of Dutch public holidays;

Digital content  means data that is produced and supplied in digital form;

Durable data  carrier means any tool - including email - that allows a Consumer or Monsley to store information addressed to him personally in a way that future consultation or use for a period of time appropriate to the purpose what the information is for and which allows unaltered reproduction of the stored information;

Discount is a reduction from the original price, usually by a certain percentage, or a certain amount;

Intellectual Property Rights: all intellectual property rights and related rights, including in any case copyrights, database rights, rights to domain names, trade name rights, rights to know-how, trademark rights, design rights, related rights and patent rights;

and

Website means the website of Monsley, being all pages on www.monsley.com and www.monsley.nl, www.monsley.be and any other (sub) domains.


Applicability

  1. These terms and conditions apply to any offer from Monsley and to any Agreement concluded between Monsley and a Consumer.
  2. Before the Agreement is concluded, the text of these general terms and conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable medium. If this is not reasonably possible, Monsley will indicate before the Agreement is concluded how the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the Consumer.
  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second applies mutatis mutandis and the Consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting conditions.

Offer

  1. Obvious mistakes or errors in the provision of Services and / or digital content do not bind Monsley.
  2. Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer.

Agreement and offer

  1. If the Consumer has accepted the offer electronically, Monsley will immediately electronically acknowledge receipt of the acceptance of the offer. 
  2. The Consumer is given access to Services such as self-help programs via an online platform, also known as a Web portal. The Consumer determines how and for what purpose it uses the Services.
  3. In order to use the Services, the Consumer must register. After the registration and any payment has been completed, the Agreement is concluded between the consumer and Monsley and you.
  4. Questionnaires may be administered when using the Services. These questionnaires serve to chart your progress. The questionnaires do not diagnose. Consult a qualified physician, psychologist or psychotherapist for a diagnosis.
  5. Monsley self-help programs support the Consumer with (psychological) complaints. Monsley does not treat and there is no treatment agreement between the Consumer and Monsley. Consult a doctor, psychologist or psychotherapist for treatment.
  6. After payment, the Consumer either creates a password code or receives a password code After entering that password code into the Web portal, the Consumer will have access to the services of Monsley.
  7. When purchasing a service with a fixed duration, the service starts from the moment of the purchase confirmation until the end of the purchased period. With a monthly subscription, this is 30 days.
  8. Continuous services are always sold per duration. In the event of early termination of the agreement for any reason, Monsley will not make a pro-rata refund of any unused time periods.


Right of withdrawal

  1. The Consumer can terminate an Agreement with regard to a purchased digital program up to 14 days after the purchase without giving any reason.
  2. This is the 'Money back guarantee' or 'full refund'.

Exercise of the right of withdrawal

When the Consumer makes use of his right of withdrawal, he must report this within the 14-day cooling-off period by email to [email protected] or report this in another electronic manner to Monsley.


Trial period

When offered a 14-day trial period, the Consumer can cancel the program at any time during the 14-day trial period after purchase, by following instructions sent to them by email or send an email to [email protected] and ask for a cancellation. If this is done within the 14-day trial period, no payment will be made by the Consumer.


Monsley's Obligations Upon Revocation

  1. Monsley will send an acknowledgment of receipt immediately upon receipt of this notification.
  2. Monsley uses the same payment method that the Consumer used for reimbursement. The refund is free of charge for the Consumer.

Price

  1. The prices stated in the offer of products and / or services include EU VAT.
  2. Prices of the offered products and / or services can be changed in the interim.
  3. Monsley can offer products and / or services at variable prices. Variable prices are stated in the offer.
  4. A maximum of one discount per product and / or service may apply. If there are multiple discounts, the discount that most benefits the Consumer will apply. 

Execution of the agreement and delivery

  1. Monsley will take the greatest possible care when receiving and executing purchases.
  2. The Consumer must provide Monsley with the correct address and email address. Any changes to this must also be communicated to Monsley in good time. If the Consumer has provided the wrong address for the delivery, any consequential costs will be borne by the Consumer.
  3. Monsley reserves the right to refuse execution of an agreement or to terminate the agreement without giving any reason. After dissolution, Monsley will immediately refund the amount paid by the Consumer.
  4. In the event of a refund, the same payment method used by the Consumer to make the payment will be used. The refund is free of charge for the Consumer.
  5. The risk of the products passes at the moment of delivery to the Consumer.
  6. Monsley will execute accepted orders within 1 day. If an order cannot or only partially be executed, the Consumer will be notified of this no later than 1 days after he has placed the order. In that case, the Consumer has the right to dissolve the agreement at no cost.
  7. After dissolution in accordance with the previous paragraph, Monsley will immediately refund the amount paid by the Consumer .

Payment

  1. Unless otherwise provided in the agreement, the amounts owed by the Consumer must be paid immediately after the conclusion of the agreement. 
  2. In case of payment in monthly installments, the Consumer is obliged to pay the total sum (the number of installments times the monthly amount). 
  3. If the Consumer does not meet his payment obligation on time, after he has been informed by Monsley of the late payment and Monsley has granted the Consumer a period of 14 days to still meet his payment obligations after payment has not been made within this 14-day period, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €500 with a minimum of €40. Monsley may deviate from the aforementioned amounts and percentages in favor of the Consumer.
  4. The Consumer has an obligation to report inaccuracies in payment details provided or stated to Monsley without delay. Payment orders for giro and banking institutions are for the account and risk of the person who issues the order (or authorization) for payment.

Accounts and registration

  1. The Consumer can create an account or otherwise register on the website. Monsley reserves the right to refuse an application for such registration or to cancel registration, for example, after detecting irregularities.
  2. The login details are strictly personal and may not be made available to third parties. The Consumer guarantees the use of his login details, even if this happens without his knowledge.
  3. The Consumer will immediately notify Monsley if he suspects that his credentials are known to a third party or if irregularities otherwise occur.
  4. The Consumer is not allowed to request or manage more than one account. Furthermore, the Consumer is not allowed to (re) request or manage an account after Monsley has refused the Consumer's application for an account or has closed a Consumer account after registration.

Force of the majority

Monsley and the Consumer are not obliged to comply with any obligation if they are hindered to do so as a result of a circumstance that is not due to their fault and that they are not responsible for by law or legal act.


Complaints

  1. Monsley handles complaints in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement or delivery must be fully and clearly described as soon as possible after the Consumer has discovered the defects, at [email protected].
  3. Complaints submitted to Monsley will be answered within 2 working days (Monday to Friday) calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, Monsley will reply within 2 working days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.

Privacy and security

  1. Monsley respects the privacy of the Consumer. Monsley handles and processes all personal data provided to it in accordance with applicable law, in particular the General Data Protection Regulation. The Consumer agrees to this processing. Monsley applies appropriate security measures to protect the Consumer's personal data.
  2. By using our Services, the Consumer agrees that Monsley provides a platform with options for posting content, including photos, comments, and other materials. For example, but not limited to, voluntarily placing a comment under a lesson. This means that other Consumers can view, use, or share these responses.
  3. For more information about privacy, reference is made to the 'Privacy Policy'  which can be found on the Monsley website in the 'footer' or at the bottom of the page.

Intellectual property rights

  1. All Intellectual Property Rights in the Services, as well as all information and images on the Website and the Web Portal, rest with Monsley or licensors.
  2. The Consumer receives non-exclusive, non-transferable and non-sublicensable user rights with regard to the Services, as well as all information and images on the Website and Web Portal and insofar as these arise from the Agreement or are otherwise granted in writing. The user rights apply for the duration of the Agreement.
  3. The Consumer may not make any changes to the Services and is not entitled to a copy of the source files of the Services.
  4. Monsley may take (technical) measures to protect the Services. It is not allowed to avoid or remove this protection.
  5. It is not permitted to remove or modify the designation of Intellectual Property Rights from the Services. It is not permitted to remove indications of confidentiality from the Services.

Other

  1. Any deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
  2. Monsley's administration counts as proof of the requests and / or orders made by the Consumer, subject to proof to the contrary. The Consumer acknowledges that electronic communication can serve as proof. 
  3. Monsley is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notice.
  4. If and insofar as any provision of the general terms and conditions is declared null or void, the other provisions of these general terms and conditions will remain in full force. Monsley will then adopt a new provision to replace the void / voided provision, taking into account the purport of the void / voided provision as much as possible.

Applicable law

Agreements, and all non-contractual obligations arising therefrom, between Monsley and the Consumer to which these general terms and conditions apply, are governed exclusively by Dutch law.

Last update on May 16, 2020

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