Article 1 - Definitions
1.1 Stressinsight: Membership site for paying members; part of Biosphere Science Foundation, Otterlo, The Netherlands.
1.2 Member: The person who is a paying member of Stressinsight, on a montly or yearly basis.
1.3 Service: Granting access to restricted documents
1.4 Agreement: The agreement (including the Terms) between Stressinsight and Member, on the basis of which Stressinsight provides a Service to the Member.
1.5 Membershipsite: Website adminstrated by Stressinsight that gives access to premium information to paying Members.
Article 2 - Application
2.1 The terms apply to all agreements between Member and Stressinsight
2.2 Stressinsight may change the content of the Terms without consent of the Members. Changes will be anounced by email to Members and will take effect in fourteen (14) days following announcement, or on any date indicated in the announcement.
2.3 In case the Member does not want to accept changes in the Terms, he or she has the right to cancel subscription on the day when the new Terms take effect, without any obligation on the part of Stressinsight to reimburse costs or damages. The paid subscription fee will be refunded pro rata.
Article 3 - Realization of agreement
3.1 The Agreement between Stressinsight and Member is concluded by clicking on the order button in the last step of the registration process on the stressinsight.com Website. The Agreement is also concluded when Member provides payment details.
3.2 Stressinsight has the right to refuse a potential Member without giving a reason.
Article 4 - Membership
4.1 Stressinsight grants Member a non-exclusive right of access to the Service. The right of use commences upon the conclusion of the agreement.
4.2 The right of access is non-transferable. Member is not permitted to sell, rent, sublicense or grant access in any way or for any purpose to a third party.
Article 5 - Membership duration
5.1 The agreement is concluded for a period of at least one (1) month or one (1) year. The agreement can be renewed by Member in the interim and after expiration.
5.2 The agreement is tacitly renewed until the moment of termination by Member, termination must take place at least 7 calendar days before the start of the new period and can only take place by e-mail, or by clicking on the unsubscribe button in the newsletter.
5.3 The agreement cannot be terminated prematurely, the number of months chosen for the initial agreement is leading.
5.4 Member shall refrain from any direct or indirect use of the Service after termination or dissolution of the license agreement and shall be obliged to remove all information obtained from Stressinsight within two working days after the date of termination or dissolution from all (computer) equipment present at Member.
5.5 Stressinsight and Member are authorized to dissolve the Agreement with immediate effect by e-mail without further notice of default or judicial intervention and without being obliged to pay any compensation for costs or damage in the following cases; (a) if the other party applies for bankruptcy or is declared bankrupt; (b) Member applies for (provisional) suspension of payments or is granted (provisional) suspension of payments; (c) Member is placed under guardianship or administration, or Stressinsight ceases or liquidates its activities.
5.6 Notwithstanding any other provisions of this Agreement, the following obligations shall survive the termination of this Agreement: (a) outstanding payments; (b) intellectual property rights; (c) liability.
Article 6 - Rights and duties Stressinsight
6.1 Stressinsight makes every effort to make the Service available at all times but does not guarantee that the Services will be available at all times.
6.2 Stressinsight may expand the Service with new products or services. New products or services offered to new users against payment do not automatically fall within the scope of the Agreement. If Member wishes to make use of these products or services, he must make further arrangements in this respect with Stressinsight.
6.3 Stressinsight provides an electronic newsletter in which Members are informed about the developments of Stressinsight's Service. Unless Member indicates that he does not wish to receive these electronic newsletters, the Member will receive these electronic newsletters during the term of this Agreement at the email address provided during the registration process.
Article 7 - Rights and duties Member
7.1 Member hereby obtains the non-exclusive and non-transferable right to use the Service of accessing premium information.
7.2 Member is responsible for all use of the Service.
7.3 When using the Service, Member shall refrain from making his Username or (part of) the Service available to third parties in any way. Member will keep his Username strictly personal and secret.
7.4 Member shall comply with all instructions given by Stressinsight in connection with the use of its Service.
7.5 Without prejudice to its other rights under the law or the Agreement, Stressinsight reserves the right to suspend its obligations towards Member or to dissolve the Agreement if Licensee acts, or is reasonably suspected to act, in violation of Article 7.5, without Stressinsight being obliged to pay any damages.
Article 8 - Membership fees
8.1 8.1 Membership fees are exclusive of turnover tax (VAT) and other taxes or levies, unless stated otherwise.
8.2 Stressinsight shall in all cases be entitled to adjust the agreed price by means of an email to Member with due observance of a term of thirty (30) days.
8.3 If Member does not wish to agree with a price adjustment notified by Stressinsight, Member shall be entitled to terminate the Agreement by email within thirty (30) days after the notification thereof by the date mentioned in Stressinsight's notification on which the price adjustment would take effect. The paid license fee will be refunded pro rata.
8.4 Member shall not be entitled to any set-off with respect to the payment of the membership fee. Member may not suspend the payment of the membership fee or other amounts by invoking the possible inadequacy of the Service.
8.5 If Stressinsight blocks the Service on the basis of the applicable conditions, it shall be entitled to make an unblocking subject to the condition that Member meets the costs applicable to it, in accordance with the regulations in force at the time of unblocking with Stressinsight.
Article 9 - Payment
9.1 The license fee is invoiced prior to the period.
9.2 Payment of the license fee must be made at the latest within 14 days of the invoice date when no payment method based on direct transfer (iDeal, PayPal, Credit Card, etc.) is used.
9.3 Stressinsight shall at all times have the right to demand full or partial payment in advance and/or otherwise obtain security for payment.
9.4 If Member does not pay the amounts due within the agreed period, Member will, without any notice of default being required, owe the statutory interest on the outstanding amount. If Member fails to pay the claim after notice of default, the claim can be outsourced, in which case Member, in addition to the total amount due at that time, will also be obliged to fully reimburse extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs established in court, related to the collection of this claim or of legal practice otherwise.
9.5 Without prejudice to its other rights under the law or the Agreement, in the absence of timely payment Stressinsight is entitled to suspend the Service without being liable to Member for any compensation of costs or damages.
9.6 Stressinsight has at all times the right to disable the Service if payment of the invoice has not been received after more than 45 days after dispatch/notification.
9.7 Member must first consult with Stressinsight if he intends to reverse the direct debit with the bank.
Article 10 - Warranty, refunds & objections
10.1 Stressinsight warrants the correctness of the Service provided by it in accordance with what member may reasonably expect on the basis of the agreement. Should the Service nevertheless be inadequate as a result of delivery of erroneous content, it shall correct these errors or apply a reasonable price reduction, all this at the discretion and exclusive discretion of Stressinsight.
10.2 If Member does not agree with a debit of his account/credit card, Member can contact Stressinsight by email. Member shall then receive a substantive response from Stressinsight within 15 working days. If the dispute of Member is found to be well-founded, the collected amount will be returned as soon as possible to the account from which it was debited.
10.3 It is not permitted to terminate the subscription prematurely and as a result already paid amounts to reclaim. After the end of the subscription period, it is possible to terminate the subscription, free of charge.
10.4 Complaints do not suspend the payment obligations of Member.
Article 11 - Intellectual property
11.1 All intellectual and industrial property rights with respect to the Service and future product and services, and with respect to everything that Stressinsight develops, manufactures or provides, including software, knowledge programs, texts, designs, videos and images, belong to Stressinsight.
11.2 The Member is not permitted to remove or change any indication on trademarks, trade names, copyrights or other intellectual or industrial property rights.
11.3 The Member is not permitted to copy, reproduce or otherwise reproduce, translate, adapt, copy, modify or reconstruct the Service or part thereof.
11.4 Member obtains, to the extent necessary for the use of the Service, a non-transferable and non-exclusive right of use with respect to these intellectual property rights.
Article 12 - Liability
12.1 Stressinsight shall never be liable for any direct or indirect damage of Member or third parties, including consequential and immaterial damage resulting from the use or non-use of the Service.
12.2 The liability of Stressinsight towards Member, for whatever reason, shall be limited to the compensation payable by Member under the Agreement for a period of three (3) months prior to the time at which the damage occurred.
12.3 Member shall indemnify Stressinsight and third parties engaged by it against all claims of third parties in respect of liability, damage and costs arising as a result of or related to the use or non-use by Member of the Service.
12.4 Terms stated are approximate and shall not be regarded as firm dates. Stressinsight shall not be liable if specified periods are exceeded.
12.5 The previous paragraphs of this article shall not apply if and to the extent that the damage in question has been caused by intent or gross negligence on the part of Stressinsight (senior management).
Article 13 - Force majeur
13.1 Stressinsight shall not be obliged to fulfil one or more obligations if it is prevented from doing so as a result of force majeure. Force majeure shall also be understood to mean:
a) a shortcoming of external hosting providers and suppliers of Stressinsight
(b) interruptions or malfunctions in the power and/or telecommunication facilities
c) impediments resulting from the hardware and software used by the Member or the technical infrastructure used by the Licensee
(f) accident or illness of personnel
g) Denial of Services (DoS) attacks
(h) problems unforeseen by Stressinsight and any other circumstance not solely dependent on Stressinsight's will
13.2 If the situation of force majeure has lasted longer than sixty (60) days, Member shall be entitled to terminate the Agreement by dissolution by e-mail without Stressinsight being obliged to pay any compensation for costs or damages.
13.3 If Stressinsight is prevented from fulfilling the agreement by restrictions or hindrances or other forms of force majeure, it shall be entitled to suspend the performance of the agreement. In that case, the Member shall not be entitled to compensation of damage, costs or interest.
Article 14 - Consulting
14.1 All advice given by Stressinsight, shared knowledge and communications and statements provided by Stressinsight concerning, inter alia, the properties of Service to be provided by Stressinsight are entirely without obligation and are provided by Stressinsight by way of non-binding information. Stressinsight does not provide any guarantee in this respect.
14.2 Stressinsight shall not be liable for any direct or indirect damage, in whatever form and for whatever reason, resulting from information and/or advice provided by Stressinsight. Licensee shall indemnify Stressinsight against all claims of third parties, unless there is intent or gross negligence on the part of Stressinsight.
Article 15 - Privacy
15.1 Stressinsight respects the privacy of Member. Stressinsight will process the personal data of the Member in accordance with the applicable privacy regulations and the Privacy Statement that can be viewed on the Stressinsight website. Member agrees to this processing of his personal data.