Terms And Conditions
The Agreement between you and CvA Online will be concluded as soon as you purchased one of our Courses through the Site.
Account-Related Activity. If you want to participate in one or more subscription-funded Courses we require you to have an account. We ask for some personal information when you create an account, including your email address and a password, which is used to protect your account from unauthorized access, as well – and voluntarily - a profile picture of you. An account allows you to access the Service and Courses that require payment and registration.
Usage Information. We may record information about your usage, including without limitation such as when you use the Site and/or Service, the Courses you subscribe to, the videos you watch, your own video content you upload and the frequency and size of data transfers, as well as information you display or click on the Site.
Content Uploaded to Site. Any personal information, video content or other content that you voluntarily disclose within the online environment (on discussion with your teacher, IM communications, in messages and chat areas, if any) will be used by us for the purpose of the Service, including Course(s).
If you choose to register for an account, you agree to provide accurate, complete information about yourself as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the Company's policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place on the Site using your account.
Term, Duration Courses and Prices
The current prices for the Courses are disclosed per Course on a particular subpages of the Site and the prices could vary from time to time and depends on the Course you like to purchase. For example the price for the Course Jazz Guitar Techniques you will find on the page http://www.cvaonline.nl/courses/detail/1/jazz-guitar-technique and for The Ear Training Test on the page http://www.cvaonline.nl/courses/detail/3/preparatory-course-for-the-ear-training-test-of-the-jazz-department-part-1. Once you have chosen the Course you like to purchase you continue the purchase process by choosing your online payment method. The Site offers you a variety of methods, like but not limited to IDEAL, credit card or PayPal. Unless otherwise agreed upon, all prices for the Courses are including of VAT.
The Courses will be available right after your payment has been processed. Therefore you hereby agree that the accessibility and availability of the Courses lies before the end of the so-called withdrawal period of fourteen (14) days and you hereby irrevocably waive your right to cancel the (re-payment for the) Courses based on such withdrawal right. This means that all prices relating to your purchase of any Course (as described above), are non-refundable. If you terminate or cancel your subscription, the termination or cancellation will be effective at the end of the Course which allows you to keep access to the Service/Course. To be clear, we do not offer prorated refunds or credits for any portion of the subscription price for a terminated or cancelled subscription. This means that if you purchased a Course your termination or cancellation does not affect your payment in this regard. In other words, if you terminate or cancel your subscription we shall not pay you back the (remaining) monies you have paid for the Course. All requests for an exception must be submitted in writing to email@example.com. No refunds will be given if the student has filed a chargeback/dispute with their payment provider or there is indication of excessive use of the site's video lessons or other services provided on the site. The amount and form of any credit or refund and the decision to provide them are at our sole and absolute discretion.
Right to Reject and Retain Content
Rules regarding usage of the Service
Prohibited Content and Activities
While using the Service and/or Site you represent and agree that you will not:
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site.
Use automated scripts to collect information from or otherwise interact with the Service or Site.
Engage in any commercial activity unless expressly approved in writing by the Company.
Engage in unauthorized framing of or linking to the Site.
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Register for a User account on behalf of an individual other than yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity.
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use or attempt to use another's account, service or system without authorization from us, or create a false identity on the Service or Site.
Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so.
Upload, post, transmit, share or otherwise make available any log in or password chosen by or issued to you or any access to the Site other than one registered user per paid account.
Engaging in any of the above will result in the immediate termination of your User Account and access to the Service and Site without prior notice and at the Company's sole discretion, including the right to remove all your posted content and our right to terminate your User Registration, in which case We reject any liability for loss or damage of you or third parties in this regard.
While we assume no responsibility for monitoring the Site, we will, when it deems appropriate, investigate activity or cooperate with governmental authority in investigating any activity in connection with the Site or Service that we believe may be illegal, unauthorized or a breach of the terms of this Agreement. If deemed appropriate by us, we will initiate appropriate legal action with respect to such activities, including without limitation, criminal, civil and injunctive redress. We reserves the right to restrict your activity on, and/or block your access to, the Site and/or Service at any time for any reason without notice to you.
Your Content Posted to the Site
You are solely responsible for the content, including profiles (including your name and image), messages, notes, information, music, pictures, video and any and all other content that you upload, publish or display (hereinafter, "post"), and the consequences of such posting, transmission or sharing, on or through the Service or the Site, or transmit to or share with others users (collectively the "User Content"). You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the We may, but are not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of us violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us. We will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion. You represent and warrant that you have all rights in and to your User Content (whether through ownership or licenses, consents, and permissions from the owner) required for you to lawfully submit your User Content to the Site and grant the rights to your User Content provided in the Agreement. You further represent and warrant that your User Content posted to the Site has all required licenses, consents, releases and/or permissions to use the name and/or likeness of each identifiable individual person in your User Content, including yourself, in the manner contemplated by the Site and/or Service and this Agreement and the posting and transmission of your User Content does not violate the privacy rights, publicity rights, copyrights, patents, trademarks, contact rights or any other rights of any person or entity.
Your posts of your video’s of yourself for feedback purposes during the Courses will be stored by Us for the (remaining) duration of the Courses of four (4) month. After expire of this duration We shall destroy your video’s at our sole discretion without notice to you.
By submitting User Content, i.e. you video for feedback purposes, to the Site or Service you hereby grant to the Company a non-exclusive, royalty-free, worldwide license to access, use, perform, display, reproduce, copy, transmit, and distribute User Content, and all copyrights, neighbouring rights, trademarks and other proprietary rights therein, in connection with the Service and the Site for the purpose of executing the Agreement.
Website Administration and Security
We will make commercially reasonable efforts to provide a safe and secure environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service or Site. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
Liability / exemption from liability
Either party warrants to indemnify the other party against third party claims that are brought forward as a result of grossly negligent or intentional misrepresentations by the warranting party in relation to any service promises under this Agreement or the conditions of use. Furthermore the parties agree that We are is not liable for the non-accessibility, non-availability, delays of the Site, or associated websites, and/or Service and/or Courses or non-compliance with our obligations under the Agreement in case of an Act of God or as a result of an infringement of the law by you or by third parties, unless the non-accessibility or non-availability or access to the Site was delayed or not realized on the grounds of a grossly negligent or intentional act by the Company. We shall not be liable for any – direct either indirect - damage or loss suffered by you involved arising from any failure to meet any guarantee or obligation set out in the Agreement in whole or in part, including but not limited to damage or loss arising from any failure to meet any guarantee or obligation mutually agreed between you and the teacher(s) of the Course(s) involved.
Company makes no warranties or representation about the availability, accessibility and/or accuracy or completeness of this Site’s and/or Service’s content, including the Course(s) or the content of any site and/or service linked to this Site and/or Service and/or Course(s) and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or Service or Course, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site and/or Service and/or Course(s), (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
Validity of the Agreement
Should individual provisions of Term of Use and the Agreement be or become void or ineffective and/or conflict with legal provisions, then this will not affect the validity of any other conditions of use. The ineffective provisions shall be replaced by the parties to the Agreement by provisions that best meet the economic purpose of the ineffective provisions in a legally effective way. This shall correspondingly apply to any missing provisions.
Written form, applicable law and jurisdiction