General conditions Learn Voice Dialogue (LVD)

Article 1 Definitions

In these conditions the following terms are used in the following sense, unless expressly stated otherwise:
Learn Voice Dialogue (LVD): The operator of the Platform.
Service: Learn Voice Dialogue (LVD) offers Users access to online content in the field of e-marketing.
Company: The natural or legal person who acts in the exercise of his profession or business.
Consumer: the natural person who is not acting in the course of a profession or business.
User: The natural person, whether or not acting in the course of a profession or business, who visits the platform, uses the platform and/or views content.
Account: The User must create an account for the use of the platform of Learn Voice Dialogue (LVD).
Subscription: The subscription for a definite period of time which gives the User access to the Platform during the subscription period.
Online coaching: A User can make use of online coaching.
Offer: any Offer to the User for the provision of services by Learn Voice Dialogue (LVD).
Platform: the online platform via the website https://learnvoicedialoge.nl.

Article 2 Applicability

These conditions apply to every Offer of Learn Voice Dialogue (LVD) and every Agreement between Learn Voice Dialogue (LVD) and the User, as well as to every use of the Platform by a User.
Before a User can make use of the Platform, the User is provided with these conditions. The User must accept these conditions before being able to use the Platform.
If one or more provisions of these terms and conditions are partially or fully void or voided, the remaining provisions of these terms and conditions will continue to apply and the void/c voided provision(s) will be replaced by a provision with the same intent as the original provision. Uncertainties about the content, explanation or situations not provided for in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
By using the Platform the User agrees that Learn Voice Dialogue (LVD) communicates by means of messages (including electronic communication) about the (paid) services, and that certain information is passed on to Learn Voice Dialogue (LVD). If and as far as marketing communications are concerned, it is required that the User gives explicit permission for this.
A User can make use of the Platform if the User is at least 18 years old. If the User is between 13 and 18 years of age, the User must have the explicit permission of a parent and/or legal representative. Persons under this age may not use the Service, or use the Services in any other way, to share personal data.

Article 3 Access to the Platform

Learn Voice Dialogue (LVD) offers only the use of the Platform. Learn Voice Dialogue (LVD) has no responsibility over and/or influence on the execution of E-learning by the User.
Learn Voice Dialogue (LVD) endeavours to make the Platform available to the User. All services are carried out on the basis of an obligation of effort.
The User shall ensure that Learn Voice Dialogue (LVD) is provided in a timely manner with all information that Learn Voice Dialogue (LVD) indicates is necessary or that the User should reasonably understand is necessary for the access and/or use of the Platform.
Learn Voice Dialogue (LVD) is not liable for damage of any nature whatsoever suffered as a result of Learn Voice Dialogue (LVD) having relied on incorrect and/or incomplete information provided by the User, unless such incorrectness or incompleteness was known to Learn Voice Dialogue (LVD).

Article 4 Use of the Platform

The User has access to the Platform after the User has created an account and made the payment.
If the User suspects that the information provided is incorrect or incomplete, the User shall immediately inform Learn Voice Dialogue (LVD) and provide the correct information. The User is responsible for suitable equipment to make use of the Platform. The User is responsible for keeping his information up to date and can modify his information in his own account.
The User is obliged to respect all technical protections and other facilities of the platform of Learn Voice Dialogue (LVD), as well as the intellectual property rights thereon.
User has an independent responsibility for the use of the Platform. User is at all times obliged to adhere to the following regulations during the use of the Platform. User must refrain from:

Publishing and distributing information via the Platform of Learn Voice Dialogue (LVD), in violation of the Dutch laws and regulations, including in any case: information without the consent of the copyright holder, defamatory information, or information that insults, discriminates, threatens, is racist in nature, is hate speech, and information that contains child pornography or otherwise punishable. Also, information that violates the privacy of third parties (including stalking), as well as torrents, viruses, spam, backlinks and hyperlinks (that refer to such information on third-party websites), loans, lotteries and/or gambling, drugs and any other type of content that can harm the Internet or e-mail traffic of third parties.

The starting up and/or downloading, whether or not via the Platform itself, of processes or programs of which the User knows, should know or can reasonably suspect that this hampers or damages Learn Voice Dialogue (LVD) or third parties.

In the event of (possible) criminal acts Learn Voice Dialogue (LVD) is entitled to report these and to hand over the information provided by the User to the competent authorities, as well as to take all actions required within the framework of the investigation.
Learn Voice Dialogue (LVD) has the right to deny the User access to the Platform and/or terminate the use of the Platform in case of abuse as referred to in the previous User and/or possible criminal offence.
Learn Voice Dialogue (LVD) is not liable for damage caused by complications in connection with the availability or functioning of information from third parties, or damage resulting from use of the Platform in violation of conditions or for purposes other than those for which the Platform is intended.

Notice and takedown

If and to the extent there is any infringement of the rights of Learn Voice Dialogue (LVD) or third parties and/or unlawful action by the User, Learn Voice Dialogue (LVD) is entitled to immediately close down that part of the Platform or exclude the User from use. Learn Voice Dialogue (LVD) will remove any infringing / harmful information immediately. It may happen that the User cannot or cannot fully use the Learn Voice Dialogue (LVD) service. In no event is Learn Voice Dialogue (LVD) liable for any damage whatsoever, as a result of the (temporary) disconnection of the service and/or the removal or transfer of data.

Online Coaching

Learn Voice Dialogue (LVD) offers coaching in addition to the content. The content is not binding and of an advisory nature only. The user decides on his own responsibility whether he follows the advice given therein. All consequences resulting from following the advice are for the account and risk of the User. No guarantees are given about the results to be achieved. User must make every effort.

Article 4 Obligations regarding the use of the Platform

The User indemnifies Learn Voice Dialogue (LVD) from the moment of first use of the Platform for all damages resulting from situations mentioned in Article 4. Learn Voice Dialogue (LVD) is not liable for any damage suffered by the User as a result of his actions contrary to the above.
The User is at all times responsible for compliance with the obligations imposed by Learn Voice Dialogue (LVD) upon the User.
The User must refrain from inflicting any damage or taking any action that he/she reasonably suspects will inflict damage to other users of the Platform or the servers (of Learn Voice Dialogue (LVD)). If the User sends any form of spam and/or other information that is not permitted and is (already) warned for this and/or is (temporarily) suspended, Learn Voice Dialogue (LVD) has the right to permanently deny access to the User, without any compensation for damages.
In addition to the obligations under the law, damage caused by incompetence or failure to act in accordance with the above points is for the account and risk of the User.
User is responsible for the proper security of the (mobile) device on which he/she uses the Platform, as well as for the security and confidentiality of his/her own login details.
The User is explicitly prohibited from infringing upon the intellectual property rights of Learn Voice Dialogue (LVD), as well as the good name of LVD.
The User is at all times responsible for all data and information he places or has placed on the Platform. Learn Voice Dialogue (LVD) is not liable for the loss and/or mutilation of the content of the User. The User authorises Learn Voice Dialogue (LVD) explicitly to share his data with third parties if and as far as this is necessary for the effective execution of the agreement between the User and a third party.
User understands that he must incur further costs for setting up his own E-learning company. These costs are in addition to the amount payable by the User to Learn Voice Dialogue (LVD). The User must in any case make further costs for the use of certain applications, software, opening bank accounts, preparing legal documents, registering with the Chamber of Commerce and other costs that can reasonably be expected when starting a (new) business.

Article 5 Availability of Platform

Learn Voice Dialogue (LVD) endeavours to offer the Platform and access to the Platform to the User without interruption, as far as possible, but does not guarantee the complete availability of the Platform at all times. Learn Voice Dialogue (LVD) is entitled if and as far as in its opinion there is a danger to the faultless functioning of the Platform to suspend the use of the Platform. Learn Voice Dialogue (LVD) is also entitled to take all measures it reasonably considers necessary to guarantee the effective functioning of the Platform.
Learn Voice Dialogue (LVD) is free to carry out maintenance to the Platform and as a result thereof to put it out of use. In no event shall Learn Voice Dialogue (LVD) be liable for the non-availability of the Platform, however, Learn Voice Dialogue (LVD) shall make every effort, in accordance with the branch standards, to make the Platform available without restrictions and/or interruptions.

Article 6 Conclusion of Agreement

An Offer is valid only if made in writing by Learn Voice Dialogue (LVD) to the User.
The agreement is concluded at the moment the User has accepted an Offer by paying online for his chosen subscription.
If the User has accepted the Offer by making an (online) payment, Learn Voice Dialogue (LVD) will confirm the User’s subscription by email. Each offer is valid only in accordance with the term and conditions stated in the offer, after which Learn Voice Dialogue (LVD) can no longer be held to an Offer. An offer also expires when the service offered is no longer available. The User cannot derive any rights from an Offer that has lapsed.
Learn Voice Dialogue (LVD) is not bound to an Offer if the User could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The User cannot derive any rights from such mistake or error.
Immediately after he has received the confirmation of receipt from Learn Voice Dialogue (LVD) the User will have access to the platform at the email address he provided. Cancellation of an already agreed subscription is only possible free of charge if the Consumer-User has not seen the content and sends a termination request to the indicated email address within 6 working days after the receipt confirmation.
The User exercising a profession or business cannot cancel an agreement already entered into free of charge.

Article 7 2-year deal

User can purchase a 2 year deal, which gives him access to the platform for 2 years. User has to pay the product at once in advance.
User can only cancel the agreement within 14 days after purchasing the 2 year deal under the explicit condition that User has not seen the offered content. Learn Voice Dialogue (LVD) can check whether the User has seen the content or not. If it appears from the Learn Voice Dialogue (LVD) data that the User has seen the content, has opened it or has otherwise had access to the platform, cancellation of the agreement is no longer possible.
Learn Voice Dialogue (LVD) is exclusively authorised to adjudicate in this matter.
If the User no longer wishes to make use of his lifetime deal, no funds can be returned to the User. The User is free to use the access as he sees fit, actively or passively.

Article 8 Payment Terms

Payment can be made on the basis of a one-time prepayment in which User has to pay the amount at once.
If User does not comply with its payment obligation and has not fulfilled his obligation within the term of payment set by Learn Voice Dialogue (LVD), the User is in default. If the User fails to meet his payment obligations and has not complied with them within the term of payment set by Learn Voice Dialogue (LVD), the User shall first receive a written reminder with a term of 14 days from the date of receipt of the reminder to comply with the payment obligation before he is in default. The aforementioned reminder shall also contain a statement of the extrajudicial costs and further consequences of default if it does not meet its obligation(s) within 14 days. Business Users shall be in default by operation of law upon expiry of the payment term and shall not receive any further notice of default.
From the date that the User is in default, Learn Voice Dialogue (LVD) is entitled, without further notice, to the statutory commercial interest from the first day of default until full payment and compensation of extrajudicial costs in accordance with Article 6:96 BW to be calculated according to the graduated scale from the Decree on the compensation of extrajudicial collection costs of 1 July 2012.
If Learn Voice Dialogue (LVD) has incurred more or higher costs, which are reasonably necessary, these costs qualify for reimbursement. The integral judicial and execution costs incurred shall also be borne by the User.

Article 9 Transfer of risk

Learn Voice Dialogue (LVD) is not responsible for the (possible) loss, damage or mutilation of (digital) data that the User places or has placed on the Platform. The User is responsible for his own data.

Article 10 Force Majeure

Learn Voice Dialogue (LVD) is not liable if it cannot comply with its obligations due to force majeure, nor can it be held to compliance with any obligation if it is hindered due to a circumstance that is not attributable to its fault, and by virtue of the law, a legal act or generally accepted practice.
Force majeure is in any case understood to mean, but is not limited to, that which is understood in this respect in the law and in case law, (i) defectiveness of goods, equipment, software or materials from third parties, (ii) government measures, (iii) power failure, (iv) failure of the internet, data network and telecommunications facilities (for example as a result of cyber crime and hacking), (v) natural disasters, (vi) war and terrorist attacks, (viii) general transport problems, (viii) strikes in the company of Learn Voice Dialogue (LVD) and (ix) other situations which in the opinion of Learn Voice Dialogue (LVD) fall outside its sphere of influence and which temporarily or permanently prevent the fulfilment of its obligations.
Learn Voice Dialogue (LVD) is entitled to invoke force majeure, if the circumstance rendering (further) compliance impossible, arises after Learn Voice Dialogue (LVD) should have complied with its obligation.

Article 11 Limitation of liability

Learn Voice Dialogue (LVD) offers only a Platform for the use of Users.
Learn Voice Dialogue (LVD) is not liable for damage resulting from any action or omission due to (imperfect and/or incorrect) information in the Platform, videos or linked websites. Learn Voice Dialogue (LVD) aims to keep (the information in) the Platform up-to-date as much as possible and cannot be held liable for the non-availability of the Platform.
Learn Voice Dialogue (LVD) is not liable for consequential damage, indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation and loss of interest.
The liability in respect of paid services is at all times limited to the value of the service concerned, unless the damage is the result of intent or gross negligence on the part of Learn Voice Dialogue (LVD). The liability is further limited to the maximum amount paid by the insurance company per incident per year.
The services of Learn Voice Dialogue (LVD) are in no way to be considered legal advice.
Learn Voice Dialogue (LVD) is not responsible for errors and/or irregularities in the functionality of the Platform and is not liable for failures or unavailability of the Platform for any reason whatsoever.
Learn Voice Dialogue (LVD) gives no guarantees about any results to be achieved and is not liable for no, reduced or disappointing results by the User.
Learn Voice Dialogue (LVD) is neither liable for the proper and complete transmission of the content of emails sent by/on behalf of Learn Voice Dialogue (LVD) nor for their timely receipt.
Learn Voice Dialogue (LVD) is not liable for the fact that the User has not received the account information, not correctly and/or not in a timely manner. Learn Voice Dialogue (LVD) is never liable if the User has not kept his login and/or account information in a safe place.
All claims of the User due to shortcomings on the part of Learn Voice Dialogue (LVD) lapse if they are not reported to Learn Voice Dialogue (LVD) within one year in writing, stating the reasons. Every claim for compensation to Learn Voice Dialogue (LVD) must always be reported in writing, but at the latest within one year after the User was aware or could reasonably have been aware of the facts on which his claim is based. After this period such a claim shall lapse.

Article 12 Suspension

Learn Voice Dialogue (LVD) is entitled to suspend the use of the Platform, if the User does not or not entirely meet his obligations for the use of the Platform. Learn Voice Dialogue (LVD) is authorised to deny the User access to the Platform, if the User acts in breach of these terms of use.
Furthermore, Learn Voice Dialogue (LVD) is authorised to terminate the use of the Platform without prior notice of default, if circumstances arise of such a nature that offering the Platform to the User is impossible or can no longer be demanded according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that an unchanged offer of the Platform may not reasonably be expected.
Learn Voice Dialogue (LVD) reserves the right to claim compensation from the User in the cases referred to in Article 4 of this Agreement and Learn Voice Dialogue (LVD) has suffered damages as a result.

Article 13 Safeguarding and accuracy of information

The User is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in whatever form, that she provides to Learn Voice Dialogue (LVD) within the framework of an Agreement, as well as for the data obtained from third parties and provided to Learn Voice Dialogue (LVD) for the execution of the Service.
The User indemnifies Learn Voice Dialogue (LVD) from any liability arising from failure to comply with the obligations in respect of the timely provision of all accurate, reliable and complete data, information, documents and/or records.
The User indemnifies Learn Voice Dialogue (LVD) against all claims of third parties arising from the work performed for the User, including but not limited to intellectual property rights on the data and information provided by the User that may be used in the execution of the agreement and/or the actions or omissions of the User towards third parties.
If the User provides electronic files, software or information carriers to Learn Voice Dialogue (LVD), the User guarantees that these are free of viruses and defects.

Article 14 Privacy, data processing and security

Learn Voice Dialogue (LVD) handles the (personal) data of the User with care.
Personal data shall be processed exclusively for the execution of the services of Learn Voice Dialogue (LVD). Learn Voice Dialogue (LVD) will not process the personal data for any other purpose and will never store the data longer than necessary.
If Learn Voice Dialogue (LVD) by the nature of the Platform offered must provide for security of information, this security shall meet the agreed specifications and a security level that is not unreasonable in view of the state of the technology, the sensitivity of the data and the associated costs. Learn Voice Dialogue (LVD) cannot guarantee that unauthorised third parties will never be able to breach the security measures taken by Learn Voice Dialogue (LVD).
When the explicit permission of the User is obtained, Learn Voice Dialogue (LVD) may publish shared results of the User on its website for advertising and/or promotional purposes. The User may withdraw this permission and must send an e/mail to the specified email address to remove the shared results.

Article 15 Intellectual property rights

All intellectual property rights and copyrights within and to the services of Learn Voice Dialogue (LVD) and the Platform, including the graphic designs, ideas, advice etc. related to the Platform are held exclusively by Learn Voice Dialogue (LVD) and are explicitly not transferred to the User.
The User is prohibited from publishing and/or reproducing, changing in the broadest sense of the word, or in any way making available to third parties any information that Learn Voice Dialogue (LVD) has shared within the framework of the execution of the Platform, without the express prior written consent of Learn Voice Dialogue (LVD).
The User is not permitted to remove or change any indication regarding copyrights, brands, trade names or other intellectual property rights from the materials, including indications regarding the confidential nature and secrecy of the materials.
Each User retains ownership, responsibility for and/or other applicable rights to content created by User.
The parties will inform each other and take joint action if IP rights are infringed.

Article 16 Complaints

If the User is not satisfied with the services offered via the platform of Learn Voice Dialogue (LVD), or otherwise has complaints about the Agreement, the User is obliged to report these complaints as soon as possible, but at the latest within 14 days after the relevant reason that led to the complaint. Complaints can be reported via Info@learnvoicedialogue.com with the subject “Complaint”.
If the User thinks that his account has been hacked or compromised, the User should immediately contact Learn Voice Dialogue (LVD).
The complaint must be sufficiently substantiated and/or explained by the User, in order for Learn Voice Dialogue (LVD) to deal with the complaint and declare it founded.
Learn Voice Dialogue (LVD) will respond to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
The parties shall try to reach a solution together.

Article 17 Applicable law

1. Dutch law applies to every Agreement between Learn Voice Dialogue (LVD) and the User.
2. Learn Voice Dialogue (LVD) has the right to amend these terms of use unilaterally. The User shall be informed of this as soon as possible. In any case the User can view the amended conditions via the Platform. If the User does not agree with an amended version, the User no longer has access to the Platform and the use of the services is immediately discontinued, at least as of the effective date of the amended conditions.
3. All disputes arising from or as a result of the Agreement between Learn Voice Dialogue (LVD) and the User will be settled by the competent court in the Central Netherlands, location Utrecht, unless mandatory provisions lead to the jurisdiction of another court.

Learn Voice Dialogue
Chamber of Commerce number: KVK 37076969

Ons leven lang leren B.V.

Chamber of Commerce number: KVK 80952763