Terms & Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Offer: Any offer from the Service Provider to the Client.
2. Business: A legal entity or natural person acting in the exercise of a profession or business.
3. Consumer: A natural person who is not acting in the exercise of a profession or business.
4. Course: An online course offered by the Service Provider, including all related materials.
5. Services: All services to be provided by the Service Provider to the Client, including courses, coaching, tools and forwarding.
6. Service Provider: Boloo B.V. and/or Boloo Forwarding B.V.
7. Forwarding: The transport services offered by Boloo Forwarding B.V.
8. Client: The natural person or legal entity who enters into an Agreement with the Service Provider.
9. Agreement: The agreement between the Service Provider and the Client.
10. Tool: The proprietary software of the Service Provider available via the Platform.
11. Platform: The website and application of Boloo, available via boloo.co and app.boloo.co.
12. Website: The website of the Service Provider: boloo.co.

Article 2 - Applicability

These terms and conditions apply to every Offer of the Service Provider and to every Agreement concluded between the Service Provider and the Client.

The applicability of any purchase or other conditions of the Client is expressly rejected.

Deviations from these terms and conditions are only valid if they have been expressly agreed in writing.

Article 3 - The Offer

All offers are without obligation, unless expressly stated otherwise in the Offer.

The Service Provider cannot be held to its Offer if the Client could reasonably understand that the Offer, or any part thereof, contains an obvious error or omission.

Delivery times stated in the Offer are indicative and do not entitle the Client to dissolution or compensation if exceeded, unless expressly agreed otherwise.

Article 4 - Conclusion of the Agreement

The Agreement is concluded at the moment the Client accepts the Offer and meets the conditions set therein.

If the Client has accepted the Offer electronically, the Service Provider shall promptly confirm receipt of the acceptance electronically.

The right of withdrawal is excluded for Businesses. Consumers waive their right of withdrawal as soon as the Services have commenced with their explicit consent.

Article 5 - Duration of the Agreement

The Agreement is entered into for the duration as stated in the Offer, unless agreed otherwise.

Subscriptions are entered into for a period of one month or one year and are automatically renewed for the same period after the initial period, unless the Client cancels the subscription.

Monthly subscriptions can be cancelled with one day's notice before the end of the current month.

Annual subscriptions can be cancelled with one month's notice before the end of the current year.

After the initial subscription period, Consumers may cancel the subscription at any time with no more than one month's notice.

Article 6 - Performance of the Agreement

The Service Provider shall perform the Agreement to the best of its ability and in accordance with the requirements of good workmanship.

The Service Provider has the right to have certain work performed by third parties.

Performance of the Agreement takes place by mutual agreement and after written approval and payment of any agreed advance by the Client.

Article 7 - Advice

Advice given by the Service Provider is non-binding and based on the information provided by the Client.

The Service Provider is not liable for damage resulting from incorrect or incomplete information provided by the Client.

Article 8 - Obligations of the Client

The Client shall ensure that all data which the Service Provider indicates are necessary or which the Client should reasonably understand to be necessary for performance of the Agreement, are provided to the Service Provider in good time.

The Client is responsible for the accuracy, completeness and reliability of the data and documents provided.

The Client indemnifies the Service Provider against any claims by third parties arising from non-compliance with this article.

Article 9 - Online coaching

Online coaching sessions are scheduled in consultation between the Service Provider and the Client.

Cancellation of a scheduled session must take place at least 24 hours in advance. In the event of later cancellation, the session may be considered consumed.

Coaching is personal and not transferable to third parties without the written consent of the Service Provider.

Article 10 - Warranty

The Service Provider warrants that the Services meet the specifications stated in the Offer.

The Service Provider does not warrant that the Services will function without interruption, errors or defects.

Results achieved by other Clients do not constitute a warranty for results to be achieved by the Client.

Article 11 - Access to the Website and Tool

The Service Provider grants the Client access to the Website and Tool for the duration of the Agreement.

The Client is responsible for keeping its login details confidential and for all activities that take place under its account.

In case of suspected unauthorised use, the Client must inform the Service Provider immediately.

Article 12 - Delivery

Delivery of digital Services takes place by providing access to the Platform.

Delivery of physical products takes place at the address indicated by the Client.

Article 13 - Transfer of risk

The risk of loss or damage to products passes to the Client at the moment of delivery.

Article 14 - Warranties Website and Tool

The Service Provider endeavours to keep the Website and Tool available, but does not guarantee uninterrupted access.

The Service Provider is entitled to temporarily take the Website and Tool out of service for maintenance, modification or improvement.

Article 15 - Right of use and use restrictions

The Client obtains a non-exclusive, non-transferable right to use the Services for the duration of the Agreement.

The Client is not permitted to:

• Use the Services in a manner that infringes the rights of third parties;
• Circumvent or attempt to circumvent the security of the Platform;
• Use automated scripts or bots to access the Platform;
• Collect information from other users without their consent;
• Resell or rent the Services to third parties without permission.

Article 16 - Maintenance and/or support services

The Service Provider offers support via the channels stated on the Website.

Support is offered during regular office hours, unless agreed otherwise.

Article 17 - New versions of Tool

The Service Provider may release new versions of the Tool with improvements or new functionalities.

The Service Provider is entitled to modify or remove functionalities, provided that this does not materially affect the core functionality.

Article 18 - Hosting services

The Service Provider hosts the Website and Tool with reputable hosting providers within the EU.

The Service Provider regularly makes back-ups of data, but is not liable for loss of data.

Article 19 - Notice and take down

If the Client finds that content on the Platform infringes the rights of third parties, the Client may report this to the Service Provider.

The Service Provider shall assess reported content and remove it if necessary.

Article 20 - Forwarding

Forwarding services are exclusively offered by Boloo Forwarding B.V.

Additional conditions apply to forwarding services as stated in the specific agreement.

The Service Provider is not liable for damage to or loss of goods during transport, unless there is intent or gross negligence.

Article 21 - Additional work and changes

If, during performance of the Agreement, it appears that additional work is necessary, the parties shall consult on the costs and planning thereof.

Article 22 - Prices and payment

All prices are in Euros and exclusive of VAT, unless stated otherwise.

Payment takes place in advance via the payment methods offered on the Platform.

In case of late payment, the Client is in default by operation of law and the Service Provider is entitled to suspend access to the Services.

Article 23 - Collection policy

In case of late payment, the Client owes the statutory (commercial) interest on the outstanding amount.

All reasonable costs incurred to obtain payment out of court are borne by the Client.

Article 24 - Privacy, data processing and security

The Service Provider processes personal data in accordance with the General Data Protection Regulation (GDPR).

Please consult our Privacy Policy for more information about how we handle personal data.

Article 25 - Suspension

The Service Provider is entitled to suspend performance of its obligations if the Client does not fulfil its obligations.

Article 26 - Force majeure

The Service Provider is not obliged to fulfil any obligation if it is hindered from doing so as a result of a circumstance not attributable to its fault.

Force majeure includes: disruptions in the telecommunications infrastructure, internet outages, cyber attacks, illness of employees, government measures, and other circumstances beyond the Service Provider's control.

Article 27 - Limitation of liability

The liability of the Service Provider is limited to the amount paid by the Client to the Service Provider in the twelve months preceding the event causing the damage.

The Service Provider is not liable for indirect damage, consequential damage, lost profits, missed savings or damage due to business interruption.

The limitations included in this article do not apply if the damage is due to intent or gross negligence on the part of the Service Provider.

Article 28 - Confidentiality

Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other in the context of the Agreement.

Article 29 - Intellectual Property Rights

All intellectual property rights with respect to the Platform, the Tool, the Courses and all other materials developed or made available by the Service Provider rest with the Service Provider or its licensors.

The Client only obtains a right of use for the duration of the Agreement.

Article 30 - Indemnification and accuracy of information

The Client indemnifies the Service Provider against claims by third parties arising from the use of the Services by the Client.

The Client warrants the accuracy of the information provided by it.

Article 31 - Complaints

Complaints about the performance of the Agreement must be submitted to the Service Provider, fully and clearly described, within a reasonable time after the Client has detected the defects.

The Service Provider shall respond to complaints as soon as possible, but no later than 14 days after receipt.

Article 32 - Applicable law

Dutch law applies to all Agreements between the Service Provider and the Client.

Disputes will be submitted to the competent court in the district of The Hague, unless mandatory law provides otherwise.

Contact

For questions about these terms and conditions, please contact:

• Email: support@boloo.co
• Website: boloo.co/help