General Terms and Conditions

Workshops Market B.V.

Version 1, February 2018


These are the general terms and conditions of Workshops Market (as defined below) and govern the use of the Platform (as defined below).
If you have any questions about our Services or these General Terms and Conditions please contact us at support@.workshopsmarket.com.

TABELLA DEI CONTENUTI

  1. General
  2. Applicability
  3. User Registration and Profile
  4. User Policies and Platform
  5. Terms Specific For Organizers
  6. Workshops Agreement and Ticket
  7. The Workshop
  8. Complaints
  9. Payment
  10. Refunds
  11. Liability and Indemnifications
  12. Intelectual Property Rights
  13. Privacy (GDPR)
  14. Miscellaneous
  15. Applicable Law and Choice of Forum

1. GENERAL back to top

  • In these general terms and conditions, both the singular and plural forms of the following underlined terms are defined as stated below:
    • Agreement: the agreement between the User and Workshops Market for the provision of the Service.
    • Booking Confirmation: the booking confirmation as stipulated in Clause 6.3.
    • Booking Process: the booking process as stipulated in Clause 6.1.
    • General Terms and Conditions: these general terms and conditions.
    • IP Rights: any and all industrial and/or intellectual property rights, including but not limited to copyrights, software rights, databank rights, trademark rights, patent rights, design rights, trade name rights, neighbouring rights and knowhow;
    • Attendee: the person in the possession of the Ticket.
    • Cancellation Fee: the cancellation fee that Workshops Market charges the Workshop Organizer for the cancellation of the Workshop.
    • Complaint: the complaint as stipulated in Article 8.1.
    • Confirmed Complaint: the well-founded complaint as stipulated in Article 8.2.
    • Platform: the digital and web based platform that can be accessed using the Workshops Market website www.workshopsmarket.com.
    • Privacy Policy: the statement regarding the privacy and data protection policy of Workshops Market published on the Portal and Workshops Market"s website www.workshopsmarket.com.
    • Profile: the individual profile page created and administered by the User for access and use of the Platform.
    • Service: the Platform as provided by Workshops Market enabling the Users to search and/or offer Workshops.
    • Service Fee: the fee that Workshops Market charges the Workshop Organizer for its Service.
    • Ticket: the individual ticket distributed by Workshops Market on behalf of the Workshop Organizer to serve as the access ticket to the Workshop pursuant to the Workshop Agreement.
    • Total Fees: the fees as stipulated in Clause 6.2.
    • User: the natural or legal person who uses the Platform.
    • Workshop: the single or multiday program and/or activity provided by the Workshop Organizer.
    • Workshop Agreement: the agreement concluded on the Platform between the User and the Workshop Organizer for the provision of the Workshop.
    • Workshops Market: the limited liability company (besloten vennootschap met beperkte aansprakelijkheid)
    • Workshops Market B.V., incorporated under the laws of the Netherlands, registered at the Commercial Register (handelsregister) of the Dutch Chamber of Commerce (Kamer van Koophandel) under number 70813302 and having its registered office at Pieter Lodewijk Takstraat 9 C (1073 KH) Amsterdam, the Netherlands.
    • Workshop Organizer: the User who offers one or more Workshops on the Platform.
    • Workshop Price: the price for the Workshop as determined by the Workshop Organizer.

2. APPLICABILITY back to top

  1. These General Terms and Conditions apply to all legal relationships between Workshops Market and the User.
  2. If these General Terms and Conditions are drawn up in multiple languages ​​and there is a difference of opinion about the content or interpretation of these versions, the English version shall prevail.
  3. If a provision in the General Terms and Conditions is or has become null or void, the applicability of the other provisions of the General Terms and Conditions remains unaffected. In such instances, Workshops Market will define new provisions, which will reflect the purpose of the null or voided provision as closely as possible.
  4. Workshops Market may amend or supplement these General Terms and Conditions at any time. The most recent version of the General Terms and Conditions can be found on the Platform and Workshops Market’s website(s). In the event the General Terms and Conditions are amended, the new General Terms and Conditions will be brought to the User’s attention during its first use of the Platform after the amendment has been made. If the User continues to use the Platform after these General Terms and Conditions have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented General Terms and Conditions.
  5. The Agreement is concluded per the moment the User explicitly (during the registration process for access and use of the Platform) or implicitly accepts the applicability of the General Terms and Conditions.

3. USER REGISTRATION AND PROFILE back to top

  1. In order to make use of the Service the User must be at least eighteen (18) years old and have registered a Profile on the Platform.
  2. The User guarantees that all the information in its Profile is correct, complete and accurate. The User acknowledges that the correctness and completeness of the information provided is extremely important for the optimal operation of the Platform and the Service. The User acknowledges that the User is responsible for the correctness and completeness of the information provided and any and all consequences of inaccurate, incomplete or incorrect information in its Profile. The User acknowledges that any and all damage that the User, Workshops Market or a third party sustains as a result of the information being incorrect or incomplete is completely at the User’s own risk and expense, unless mandatory provisions of law provide otherwise.
  3. The User is not permitted to register as a User more than one (1) time and/or to set up or create more than one (1) Profile at any time on the Platform.
  4. The User is responsible for keeping its password and username secret. The User may not provide its username and/or password to third parties or give third parties access to its profile in any manner. The User is responsible and liable for all the use that is made of the Platform using its username and password. Workshops Market is entitled to assume that the User is actually the person who logs in using the username and password connected to the User. The User must inform Workshops Market as quickly as possible as soon as the User has any reason to suspect that its username or password have become known to any unauthorised parties. The User is obliged to take effective measures, such as changing the password.
  5. Workshops Market is at all times entitled to refuse and/or to delete a Profile, without being required to state the reasons for doing so.

4. USER POLICIES AND PLATFORM back to top

  1. The User accepts that Workshops Market only provides access to the Platform for the purpose of the Service. Workshops Market has no knowledge of and/or involvement in the information that the Users exchange and the Workshops offered using the Platform. Workshops Market does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Workshop.
  2. Workshops Market offers the Platform ‘as is’. The User accepts that the Service contains only the functionality and other characteristics available on the Platform at the time the User is using it. Workshops Market therefore expressly, tacitly and explicitly excludes any and all guarantees, undertakings and indemnifications of any kind whatsoever, including, but not limited to, guarantees, undertakings and indemnifications with respect to the quality, completeness, safety, lawfulness and correctness of the Service (and the use of the Service), the Platform (and the use of the Platform) and the information that is offered on it.
  3. The User accepts that Workshops Market entitled at all times to change, modify and/or close down the Platform or the Service without being liable towards the User for any damage. In the event that the User does not wish to accept any modifications and/or changes, the sole remedy is to stop using the Service and the Platform and to have its Profile deleted.
  4. Workshops Market does not guarantee that the Service will be accessible at all times and without any interruptions or breakdowns. Reasons that the Service may breakdown include, but are not limited to, breakdowns in the Internet or telephone connection or as a result of viruses or errors/defects. The User accepts that Workshops Market is not liable towards the User for any damage that ensues from or that is the result of the Service being temporarily or permanently unavailable or as a result of the Service temporarily or permanently breaking down in the course of use.
  5. The User accepts that Workshops Market is entitled to close down the Service temporarily or permanently and/or to restrict the use of the Service, without any prior notification being required and without being liable towards the User as a result, in the event that Workshops Market is of the opinion that it is necessary to do so, for example in the context of reasonably necessary maintenance of the Platform.
  6. The User accept that Workshops Market is entitled to remove or delete Workshops from the Platform without any prior notice and without being liable towards the User as a result.
  7. The User accepts that Workshops Market does not give and cannot give any guarantee whatsoever in respect of the Workshops that are offered using the Platform and that it has not checked the information that is made available on the Platform, by means of Profiles or in any other manner, and that Workshops Market does not accept any liability whatsoever for such information. In addition, the User accepts that the User cannot hold Workshops Market liable in any manner whatsoever, unless these General Terms and Conditions explicitly provide otherwise.
  8. The User accepts to follow instructions and guidelines given by Workshops Market with regard to the access to and the use of the Platform.
  9. The User guarantees that when using the Platform appropriate software for protection against viruses, spyware and other malicious software shall be used on the systems used by the User.
  10. The User refrains from storing and/or distributing (having distributed) malicious material on or via the Platform, including but not limited to material that:
    1. is defamatory, libellous, insulting, racist, discriminatory or hate mongering;
    2. is erotic or pornographic;
    3. infringes rights of third parties, including in any case but not limited to copyrights, trademark rights and portrait rights;
    4. results in a violation of the personal privacy of third parties, including in any case but not limited to the distribution, without consent or need, of personal data of third parties or the repeated harassment of third parties with communications deemed to be unwanted by the same;
    5. contains hyperlinks, torrents or comparable online data of which the User knows or should know that it refers to material that infringes the rights of third parties;
    6. contains unsolicited commercial, charitable, or idealistic communications; or
    7. contains malicious content, e.g. viruses or spyware.
  11. The User accepts full liability towards Workshops Market and possibly third parties for any and all information that the User makes available using its Profile or that the User exchanges in any other manner in the context of the Workshop Agreement.
  12. Workshops Market shall not be liable for damages or costs of the User of third parties, on any account whatsoever, as a result of the use by the User of the Platform, including damages as a result of:
    1. incorrectness or incompleteness of the information on the Platform;
    2. failures, errors, delays or any other defects of the Platform, including, for instance, not being able to send, receive, save or change information on the Platform;
    3. viruses, spyware and other malicious software;
    4. (temporarily) blocking or decommissioning of the Platform for the benefit of maintenance, adjustments or improvements;
    5. the adjustment, expansion or removal of (parts of) the Platform.

5. TERMS SPECIFIC FOR WORKSHOP ORGANIZERS back to top

  1. The terms and conditions in this Clause 5 apply for the Workshop Organizer.
  2. The Workshop Organizer shall provide, at least, the following information:
    1. a description outlining the purpose and characteristics of the Workshop;
    2. the date(s), location(s), starting time and duration of the Workshop;
    3. the Workshop Price per Ticket including any applicable taxes;
    4. all requirements that apply to the Workshop (such as minimum age; proficiency; clothing; dress code; equipment; fitness or other requirements);
    5. any risks inherent to the Workshop;
    6. the bank account details of the Workshop Organizer;
    7. any (other) information deemed relevant by the Workshop Organizer;
    8. and any and all information that may be requested by Workshops Market.
  3. The Workshop Organizer guarantees to meet the following requirements:
    1. the information provided by the Workshop Organizer as stipulated in Clause 5.2 is true and correctly reflects the purpose and characteristics of the Workshop;
    2. the Workshop is provided by, or under the supervision of, the Workshop Organizer and not by any other third party;
    3. the Workshop Organizer has obtained all legally required permits, licenses and registrations in order to organize and provide the Workshop;
    4. the Workshop Organizer shall not use any illegal products, substances or services during the Workshop;
    5. the Workshop Organizer complies with all applicable laws and regulations (such as zoning laws and municipal regulations);
    6. the Workshop Organizer has, if demanded by common (market) practice, taken out insurance for the Workshop and complies with the terms and conditions of the insurance;
    7. the Workshop Organizer is the rightful owner and/or licensee of all IP Rights for the presentation of the Workshop on the Platform;
    8. the Workshop Organizer shall not breach any agreements with third parties in the performance of the Workshop (such as lease-, labour-, non-disclosure-, non-competition- or service provision agreements).
  4. In the event that the Workshop Organizer cannot comply with the requirements stipulated in Clause 5.3, the Workshop Organizer will delete the relevant Workshops from the Platform and terminate any and all pending Workshop Agreements.
  5. Workshops Market is at all times entitled to remove the Workshop from the Platform, if Workshops Market has reasonable reasons to suspect that the Workshop Organizer no longer complies with one or more of the requirements stipulated in Clause 5.3.
  6. By offering a Workshop on the Platform, the Workshop Organizer automatically provides Workshops Market with a free, worldwide, irrevocable, sub-licensable and transferable license to use, multiply and make public the (purpose and characteristics of the) Workshop (including any pictures or videos connected therewith) for marketing, promotional and/or advertising purposes.
  7. The Workshop Organizer is solely responsible for determining the contents of the Workshop Agreement and the Workshop Price. The Workshop Organizer is solely responsible for determining its obligations to report, collect, remit or include in the Workshop Price any applicable VAT or other indirect sales taxes, tourist or other visitor or income taxes.
  8. The Workshop Organizer herewith confirms and accepts that Workshops Market is entitled to deduct the Service Fee from the Workshop Price as compensation for its Service.
  9. The Workshop Organizer herewith confirms and accepts that if and when a Workshop for which Tickets have been distributed is cancelled by the Workshop Organizer, the Workshop Organizer is obliged to pay the Cancellation Fee per Ticket distributed to Workshops Market.

6. WORKSHOP AGREEMENT AND TICKET back to top

  1. The User is able to book a Workshop made available through the Platform by following the booking process as presented on the Platform (the “Booking Process”).
  2. All applicable fees, including the Workshop Price, any service and/or registration and/or payment costs and any applicable taxes (the “Total Fees”) will be presented during the Booking Process to the User prior to booking a Workshop. The Booking Process is completed by the User upon selection and acceptation of the Workshop and payment of the relevant Total Fees.
  3. After completion of the Booking Process the User will receive from Workshops Market by e-mail a confirmation of the booking including the Ticket(s) (the “Booking Confirmation”).
  4. Upon receipt by the User of the Booking Confirmation, a legally binding Workshop Agreement is concluded between the User and the Workshop Organizer. Workshops Market is not a party to the Workshop Agreement. Workshops Market solely acts as an intermediary by offering the Service.
  5. After receiving the Booking Confirmation, the User is expected to check the Ticket(s). In case of an incorrect Ticket, e.g. in the case of a wrong Workshop / price / date / time and/or location mentioned on the Ticket(s), the User receives new Ticket(s) at his first written request and without additional costs.

7. THE WORKSHOP back to top

  1. The Workshop Organizer shall allow access to the Workshop upon the presentation of the Ticket..
  2. The Workshop Organizer reserves the right to deny access to the Workshop if the Attendee arrives after the start of the Workshop.
  3. The Attendee must at all times abide by the rules as determined by the Workshop Organizer in relation to the Workshop and pursuant to the Workshop Agreement.
  4. The Workshop Organizer is at all times solely responsible for the Workshop and liable for all costs and damages that Workshops Market, the User, the Attendee and/or third parties sustain as a result therefrom.

8. COMPLAINTS back to top

  1. The User may submit detailed complaints (each a “Complaint”) regarding a User, the Workshop Organizer and/or the Workshop via the Platform. Workshops Market is entitled to investigate, research and assess each Complaint and to consult the User and/or the Workshop Organizer.
  2. If the Complaint in the sole opinion of Workshops Market appears to be well-founded (a “Confirmed Complaint”), Workshops Market shall inform the respective User and/or Workshops Organizer of the Legitimate Complaint in writing and, if required, of the actions taken by Workshops Market including but not limited to (i) the removal and/or suspension of the User and/or Workshop Organizer and/or Workshop from the Platform, and/or (ii) the return of the Workshop Price to the User as stipulated in Article 10.2.

9. PAYMENT back to top

  1. The User is obliged to pay the Total Fees upon the completion of the Booking Process.
  2. Workshops Market accepts various payment methods as made available on the Platform. Workshops Market has, and in the future may, set additional safety measures for the use of certain payment methods. It is therefore possible that some payment methods are not available to all Users. The availability of a payment method may vary from time to time and per User and/or Workshop.
  3. If the User fails to pay (all) Total Fees due, Workshops Market will be entitled, without a notice of default and without prejudice to the other rights of Workshops Market, to charge the User statutory interest, with effect from the due date until the day of full settlement and/or to inform the Workshop Organizer of the payment arrears.
  4. Workshops Market will transfer the Total Fees - after deduction of the Service Fee – ultimately two (2) business days after the Workshop to the bank account details as provided by the Workshop Organizer. Workshops Market is not responsible or liable for any delay in the receipt by the Workshop Organizer of the Workshop Price. Workshops Market is entitled to suspend the aforesaid transfer for the period Workshops Market investigates a Complaint as stipulated in Article 8.1.

10.REFUNDS back to top

  1. If and when a Workshop is cancelled by the Workshop Organizer, Workshops Market will refund the Workshop Price to the User.
  2. If within two (2) business days following the date of the Workshop a Confirmed Complaint has been submitted stating that the Workshop (on the date, location and/or time as stated in the Ticket) has not been provided, Workshops Market will refund the Workshop Price to the User who (i) submitted the Confirmed Complaint, and (ii) is a party to that Workshop Agreement.
  3. Any additional costs (already) paid by the User for the Service, including the Service Fee, will not be reimbursed. Workshops Market does not accept liability for any, directly or indirectly, made costs and/or expenses and/or any other damages that the User may suffer as a consequence thereof.

11. LIABILITY AND INDEMNIFICATIONS back to top

  1. Workshops Market cannot be regarded as the Workshop Organizer and has no influence on the quality and content of the Workshop and the proceedings concerning the Workshop. Workshops Market is therefore not responsible for and gives no guarantees where the Workshop itself is concerned and based on this, cannot accept any liability on this matter. The Workshop Organizer is the party responsible for the Workshop and everything surrounding it in the broadest sense.
  2. Workshops Market can never be held responsible for any damages resulting from death, injury, accidents, hurt, loss, damages or theft caused by the Attendee before, during or following a visit to the Workshop.
  3. If and as far as Workshops Market cannot fulfil (part of) its obligations to the User due to force majeure, the User cannot claim any rights to compensation.
  4. Force majeure includes, but is not limited to: war, threat of war and turmoil, obstructing measures of both domestic and foreign governments, death of one or more members of the royal family, serious calamities, fires, strikes, failure of and damage to equipment and equipment of control systems, obstruction/ strike of transportation, flood, exclusions and sabotage and any unforeseen circumstances both domestic and in foreign countries in general, as a result of which Workshops Market can no longer reasonably be held to deliver its services.
  5. Workshops Market accepts no liability for loss of or damage to Tickets for any cause. From the moment the Ticket is made available to the User the risk of loss, theft, damage or abuse of the Ticket lies with the User.
  6. Workshops Market is not liable for the purchase and delivery of tickets by/from third parties and/or tickets that have not been distributed by Workshops Market.
  7. As far as liability of Workshops Market is excluded or limited, this also applies to the liability of the members of staff and/or assistants of Workshops Market.
  8. The User will indemnify and hold Workshops Market harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
    1. a breach by the User of the Agreement and/or General Terms and Conditions;
    2. the improper use by the User of the Platform and the Service;
    3. the interactions and communications between the Users;
    4. the information provided by the User on the Platform;
    5. the participation by the User in a Workshop (including any injuries, losses or damages);
    6. a breach by the User of any law, regulation and/or third party rights.

12. INTELLECTUAL PROPERTY RIGHTS back to top

  1. All IP Rights concerning Workshops Market, the Platform and the Service are vested in Workshops Market or a third party from whom Workshops Market obtained a permit and/or license.
  2. The User is not allowed, directly or indirectly, to disclose and/or duplicate or otherwise use the IP Rights stipulated in Clause 12.1, without the prior written consent of Workshops Market.
  3. All IP Rights relating to the Workshop are held by either the Workshop Organizer or the original legal owners of the Workshop. The User is not allowed, directly or indirectly disclose and/or duplicate or otherwise use these, without prior written consent of the involved legal owners.

13. PRIVACY (GDPR) back to top

  1. Workshops Market processes the User’s personal data in accordance with the European General Data Protection Regulation (GDPR) and the Dutch Wet bescherming persoonsgegevens (Wbp) and in correspondence with its Privacy Policy.
  2. The Privacy Policy is applicable to every use of the Platform and all web pages under the domain name workshopsmarket.com and under any and all other domain names related to the said domain name, the Portal and to any and all other services that are offered by Workshops Market.

14. MISCELLANEOUS back to top

  1. The Agreement and the General Terms and Conditions constitutes the full and entire understanding and agreement between the User and Workshops Market with regard to the subject matter thereof and supersede any and all prior oral or written agreements between the User and Workshops Market.
  2. No joint venture, partnership, employment or agency relationship exists between the User and Workshops Market as a result of the Agreement and the General Terms and Conditions.
  3. The User cannot assign or transfer any of its rights pursuant to the Agreement or the General Terms and Conditions to any other party without the prior written consent of Workshops Market.

15. APPLICABLE LAW AND CHOICE OF FORUM back to top

  1. All legal relationships between the User and Workshops Market are exclusively governed by the laws of the Netherlands.
  2. Any and all disputes that ensue from and/or are related to these General Terms and Conditions will be submitted to the competent court in Amsterdam, the Netherlands.