Terms and conditions for Atelier Rebalance
The service “The Art of Tea” is offered over the internet by the company Atelier Rebalance. The use of The Art of Tea is subject to the below terms and conditions. Using The Art of Tea constitutes acceptance of these terms and conditions.
Deviations from these terms and conditions is possible only by means of written confirmation by Atelier Rebalance.
Article 1. Use of the service
1.1. The service The Art of Tea allows you to use the mindfulness program created by Atelier Rebalance.
1.2. To use The Art of Tea, you first need to register. After completing registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Atelier Rebalance may assume that all actions undertaken from your account after logging in with your username and password is authorised and supervised by you. This means you are liable for these actions, unless and until you have notified Atelier Rebalance that someone else knows your password.
1.4. The Art of Tea processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Atelier Rebalance for more information.
2.1. It it is not permitted to use The Art of Tea for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist
2.2. In addition, on The Art of Tea it is forbidden to:
- use indecent language;
- publish information where it is unwanted (offtopic);
- publish information that is pornographic or erotic (even if legal under applicable law);
- publish information in violation of copyright or hyperlinks to such information;
- assist others in violating third-party rights, for example by linking to hacking tools or tutorials for committing computer crime that are clearly written to carry out criminal acts (and not to defend against them);
- violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications;
- exercise commercial activities;
- and to do anything that violates applicable netiquette.
2.3. Should Atelier Rebalance discover that you violate any of the above, or receive a complaint alleging the same, then Atelier Rebalance may intervene to end the violation.
2.4. If in the opinion of Atelier Rebalance the continued functioning of the computer systems or network of Atelier Rebalance or third parties is actually or under threat of being damaged or jeopardised, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Atelier Rebalance may take all steps it deems reasonably necessary to end or avert such damage or jeopardy. Atelier Rebalance in particular is entitled to change your contributions at its own discretion.
2.5. Atelier Rebalance is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Atelier Rebalance is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
Article 3. Availability and maintenance
3.1. Atelier Rebalance uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Atelier Rebalance actively maintains The Art of Tea. In case maintenance is reasonably expected to negatively impact availability, Atelier Rebalance carry out such maintenance at times when use of the service is relatively low. Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Atelier Rebalance may from time to time adapt The Art of Tea. Your feedback and suggestions are welcome but ultimately Atelier Rebalance decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service The Art of Tea, the accompanying software as well as all information and images on the website is the intellectual property of Atelier Rebalance. None of these items may be copied or used without prior written permission of Atelier Rebalance, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Atelier Rebalance receives a limited license to use this information for the service.
4.3. The license of the previous clause is perpetual and irrevocable. The license remains in force after termination of the agreement. In exceptional circumstances where a serious reason calls for it, Atelier Rebalance may decide to adapt or remove the information.
4.4. You may change or remove information you publish or store using the service at your own discretion.
4.5. If you send information to Atelier Rebalance, for example a bug report or suggestion for improvement, you grant Atelier Rebalance a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.6. Atelier Rebalance shall refrain from accessing data you store or transfer using The Art of Tea, unless this is necessary for a good provision of the service or Atelier Rebalance is forced to do so by law or order of competent authority. In these cases Atelier Rebalance shall use its best efforts to limit access to the information as much as possible.
4.7. In case Atelier Rebalance discovers your contributions have been copied by third parties in combination with contributions of others, then Atelier Rebalance is authorised to take legal action against such copying under its own or your name. All costs must be borne by Atelier Rebalance but you must offer your cooperation if necessary. This clause does not forbid you from publishing your contributions elsewhere but is aimed at allowing Atelier Rebalance to act against copying of (substantially) all contributions to The Art of Tea.
Article 5. Compensation for the service
5.1. The use of The Art of Tea is subject to a subscription fee which is due every month after the free two-week trial period. The fee must be paid in advance.
5.2. Payment is possible through direct debit order and by creditcard.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act, after the free two-week trial period.
5.4. We charge a sign-up fee when signing-up for The Art of Tea. This sign-up fee cannot be refunded.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Atelier Rebalance shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Atelier Rebalance in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Atelier Rebalance at most two months after discovery.
6.4. In case of force majeure Atelier Rebalance is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. If you agreed to the yearly payment plan, your agreement will be terminated at the end of its plan. If you terminate the plan before the trial period ends, no billing will take place. You can terminate the agreement by changing your preference under “My Subscription” after you’re logged in on your account.
7.3. Atelier Rebalance is entitled to terminate the agreement if you have not paid for the service at all in the last one month. In such an event Atelier Rebalance shall first send two payment reminder mails to the e-mail address connected to your account. If payment hasn’t been received 7 days after the second e-mail was sent, Atelier Rebalance is entitled to terminate the agreement.
Article 8. Changes to terms
8.1. Atelier Rebalance may change or add to these terms and conditions as well as any prices at any time.
8.2. Atelier Rebalance shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of The Art of Tea after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with The Art of Tea shall be brought before the competent Dutch court for the principal place of business of Atelier Rebalance.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the The Art of Tea service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by Atelier Rebalance shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. Atelier Rebalance is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of The Art of Tea or the associated business activities.