Terms and Conditions Online Upselling Courses

Last updated: January, 26,  2021

Welcome to the online upselling courses of Oaky B.V. (the "Service"). The Service includes access to the available online upselling courses on the Oaky B.V. website courses.Oaky.com ("Website"). 

The Service is operated and provided to you by Oaky B.V., registered in the Netherlands with company number 59032936 whose registered office is at Leidseplein 1, 1017 PR Amsterdam, the Netherlands ("Oaky", "we", "us" or "our"). 

By accessing and using the Service, you confirm that you are 18 years old or over. 

Please read these terms and conditions (the "Terms") before accessing and using the Service. They set out the agreement for your access to and use of the Service. By accessing or using the Service you agree to these Terms. If you don't agree to them, please don't use the Service.

  1. Access to the Service 

    1. By accessing or using the Service, you will be able to access and view the online upselling courses provided by Oaky and created by Oaky with or without the help of third parties ("Courses"), on the terms and conditions set out in these Terms.

    2. The Courses are only available to you if you register an Oaky account by providing your details during the sign up procedure ("Oaky Account"). You must be aged 18 years or older both to register an Oaky Account and to view and/or purchase the Courses.

    3. When you sign up for an Oaky Account and purchase the Courses, you are responsible for all access to, and use of, the Website and Courses through your Oaky Account.  

    4. You are also responsible for your Oaky Account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your payment details, username and password to any other person. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username.

    5. Some Courses may be offered for free at the sole discretion of Oaky, but other Courses may only be available to you after you have completed payment of the purchase price of the Courses. Further details on the purchase price of the Courses can be found on the Website. 

    6. You will receive a certificate from us as proof of successful completion of the Course if you:

      1. purchased and completed 100 percent of the Course; and

      2. successfully passed 80 percent of the exam within the Course.

  2. Promotional Offers

    1. Oaky may make available at any time codes or other promotional offers which: 

      1. grant (temporary) access to Courses, which are normally only available after payment of the purchase price, without requiring you to pay for such access; or 

      2. give a discount on Courses, 

(jointly referred to as "Promotional Offers"). 

  1. Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by Oaky. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which may apply to them.

  2. Eligibility for Promotional Offers is determined by Oaky at its sole discretion and we reserve the right to limit availability of and/or revoke any Promotional Offer in the event that we determine that you are not eligible.

  1. Billing

    1. If a charge applies to your access to the Service, you will be charged for it using the payment method you choose when purchasing the Courses. 

    2. If you are eligible for a Promotional Offer involving a discount and you fill in the discount code before purchasing the Courses, your payments will be reduced automatically accordingly in accordance with the Promotional Offer.

    3. We use other companies, agents or contractors, including Stripe and Paypal, to process credit card transactions or other payment methods.

    4. For some payment methods, the relevant issuer may charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your payment method. Local taxes and charges may vary depending on the payment method used. Check with your payment provider for details.

  2. Cancellation

When you purchase Courses from us you agree: 

  1. we will immediately provide you with access to the Courses; and 

  2. where we get your consent when you sign up, you waive your statutory right to: 

    1. change your mind about the Courses; and 
    2. receive a refund within the applicable cooling off period.
  1. Refunds and credits 

Without affecting your statutory rights, payments are non-refundable and there are no refunds or credits for partially used Courses. At any time, and for any reason, we may provide a refund, discount, or other consideration. If we do this for any reason this does not mean we are obligated to do so again, even in the same circumstances.

  1. Your data usage

    1. Availability of the Service depends on the quality of your internet connection and device capabilities. 

    2. You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos can use up a lot of data.

  2. Changes to the Service

    1. We may regularly make changes to any element of the Service. In particular, the availability of Courses may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that content on the Service). We therefore have the right to add or withdraw Courses at any time, with or without notice. 

  1. Ownership

    1. The Service, the Courses and the Website are protected by copyright, trademark, and/or other intellectual property rights owned by or licensed to us. 

    2. You have no intellectual property rights in, or to, the Service, the Courses or the Website other than the right to use them in accordance with these Terms.

    3. You may not remove, alter or in any way tamper with any copyright notices or other proprietary markings included in the Service, the Courses or the Website. Any copying, access, transfer, public performance or communication to the public or other use of the Service, the Courses or the Website other than as expressly authorised by applicable laws or these Terms shall constitute an infringement of applicable intellectual property rights and a breach of these Terms. In the event of such infringement, we may, without notice or prior intervention of a court, block your access to the Service and terminate any Courses you may have purchased and pursue any rights or remedies available to us.

  2. Your use of the Service

    1. You confirm that: 

      1. any information and details provided by you to us, including upon registration of an Oaky Account, are true, accurate and up to date in all respects and at all times;

      2. you will at all times comply with these Terms; and 

      3. you will not use the Service for any unlawful purpose or in a way which infringes the rights of anyone else.

    2. You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service.

    3. The Service and the Courses are licensed to you (not sold) for your personal and non-commercial use only. While you are using the Service, we grant you a limited, non-exclusive, non-transferable, licence to access the Courses and stream and view the Courses. Except for the limited licence granted to you in these Terms, no right, title or interest in the Service or the Courses shall be transferred to you. You must not reproduce, perform, display or exhibit the Service or the Courses in any public place.

    4. If you are resident in the European Union (the "EU"), you can access the Courses when visiting another EU country, at no extra cost. This means that you can enjoy the same service abroad that you would at home; you will be accessing the same Courses, in the same language, that you access when you are at home. This access is available only if you are temporarily abroad in another EU country and we are able to verify that your country of residence is in the EU.

    5. You must not, and must not allow third parties to: 

      1. access, view and/or purchase the Courses using a virtual proxy network; 

      2. display, perform, publish, license, offer for sale, make and/or distribute copies of the Courses; 

      3. attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Courses except as permitted by applicable law; 

      4. create derivative works of the Courses of any kind whatsoever; 

      5. use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers” or the like that access the Website in a manner that sends more requests or messages to the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; or 

      6. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Courses. Furthermore, you must not allow third parties to use your username and password to access the Courses.

    6. The Service or the Website may contain links to third party websites, products or services ("Third Party Services"). You acknowledge that: 

      1. we are not responsible for any of the Third Party Services or for any losses or harm you may suffer due to the Third Party Services; 

      2. you are responsible for any costs that you incur in relation to the Third Party Services; and 

      3. your interaction with that third party may be governed by a separate set of terms and conditions and privacy policy.

  3. Privacy

Any personal information you supply to us or that we collect from you when using the Website or the Service will be used by us in the ways set out in our Privacy Policy [courses.oaky.com/pages/privacy]. 

  1. Ending your right to use the Service

    1. We may end your right to use all or any part of the Service immediately if we have a reasonable belief that you have breached these Terms or if you are using the Service, the Courses or the Website in any manner other than for its intended purpose or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

    2. If we decide to discontinue any part of the Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). In no event will we be liable in any way for the discontinuation of the Service, the removal of or disabling of access to the Service or for the withdrawal of the Service or any Courses in accordance with section 11.1.

    3. If we end your rights to use the Service, you must stop all activities authorised by these Terms.

  2. Our liability to you

    1. We are not responsible for: 

      1. any use of the Service which isn’t authorised by us; 

      2. any malfunction or interruption to the Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;

      3. errors, viruses or bugs present in or arising from your use of the Service;

      4. incompatibility of the Service with any other software or hardware (including any of your devices); and

      5. any act or default of any third party supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

    2. Nothing in these Terms is intended to affect the statutory rights that you have under the applicable consumer laws of your territory. 

    3. We can't guarantee that the Service will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.

    4. Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

  3. Changes to these Terms

    1. We may, from time to time, change these Terms at our sole discretion. 

    2. We will aim to notify you at least 30 days before making any material changes to these Terms, unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case we will notify you of the changes as soon as we can. 

    3. If any change to these Terms will materially disadvantage you, or materially impact the availability of the Service, we will provide you with 30 days’ notice before the changes become effective. 

    4. If you continue to use the Service following any change to these Terms, we will take this as your acceptance of the amended Terms. The most up to date Terms will always be available on the Website. 

  4. Transfer of rights 

The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these Terms to any company, firm or person provided that your access to the Service will not be adversely affected as a result of such transfer. In case of a transfer of our rights and obligations under these Terms (except as a consequence of the transfer of all or part of our business), you have the right to dissolve (ontbinden) the agreement with us. You cannot transfer your rights or obligations under these Terms to anyone else. 

  1. Severance

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

  1. Waiver

To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

  1. Governing law

These Terms shall be governed by and construed in accordance with Dutch law. However, these terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. If you do not live in the Netherlands, you will be able to bring a claim in the courts of your country of residence.  

  1. Complaints

If you have any complaint please speak to us first, by contacting us using the details below. In addition, please note that if you live in a European Union member state, or in Norway, Iceland or Lichtenstein, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.

  1. Communications

We will send you information relating to your Oaky Account and the Courses you purchased (e.g. payment authorisations, invoices, changes in password or payment method, confirmation messages, updates of Courses and other service or transactional messages) by email to the email address provided during sign up. 

  1. Contacting us

You can contact us by sending us an email to privacy@oaky.com.