Last Update 08 February 2016 – Lens Academy B.V. ©
THIS AGREEMENT BINDS YOU AS PERSON OR THE LENS ACADEMY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF LENS ACADEMY BV (“OUR”, “WE”, “LENS ACADEMY” OR “LENS ACADEMY”) SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE LENS ACADEMY PRODUCTS OR CLICKING ON THE “SIGNUP” BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT PRESS THE CONFIRMATION BUTTON. LENS ACADEMY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LENS ACADEMY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- Additional Terms
If you are a Coach (as defined below), you are also subject to the Coach terms and conditions located in the Validation Agreement available at http://www.Lens Academy/coaching-policy (the “Coach Terms”), which are hereby incorporated by reference into these Terms. If you are a Coach and there is a conflict between these Terms and the Coach Terms, the Coach Terms will govern.
The Products enable students (“Students”) to connect with independent contractor (the “Coaches”) who provide live and recorded instruction, tutoring, and learning services in Our proprietary online classrooms (the “Courses”). Students and Coaches are, collectively, “Users.” The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
Lens Academy reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Lens Academy that arose prior to the date of such revision.
The Lens Academy may modify the Products or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. VAT is not included in the displayed prices in the products. VAT rate is 21%. VAT is applied in any case. However you can request an update on your invoice in case have a VAT number and your company is NOT registered in the Netherlands. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Lens Academy to charge Your credit card on a regular basis to pay the fees as they are due.
The Credit Card payments are managed by PayPal, all transactions and all the related lean under Pay Pal terms and conditions.
If You provide a wire transfer, the payment need to be processed and you may access the course within 5 days time after the payment is successful. You will be notified via email when the wire transfer is successful and available to access the course on your account under “my account”.
If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Lens Academy.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
It is mandatory to provide first name and last name when registering Your Account, and especially when purchasing the courses. If you do not provide the information or you provide false identity, Lens Academy BV reserves to delete your account and deny all accesses to the courses you’ve purchased with a no refound policy.
- General Disclaimer
The Site is an e-learning tool that teaches and connects Coaches and Students. We do not hire or employ Coaches nor are We responsible or liable for any interactions involved between the Coaches and their respective clients. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Coaches or Students, including, but not limited to, any Student’s reliance upon any information provided by an Instructor.
We control Submitted Content (as defined below) posted on the Site and, however We do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content.
You also understand that by using the Products may expose You to Submitted Content that You consider offensive, indecent, or objectionable. The Lens Academy has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law.
The Site and Products may give You access to links to third-party Websites (“Third Party Sites”), either directly or through Courses, Articles or 3rd party Companies. The Lens Academy does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Lens Academy does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Lens Academy Content (as defined below) to recruit, solicit, or contact in any form Coaches or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Coaches or other Users of the Products.
- Specific Obligations of Coaches
If You are instructing Students in connection with a Course You are a “Coach”
Coach will be signing a Coach Certification Agreement to grant his access to the Site as an Coach and upload his/her Courses under the conditions of the Coach Certification Agreement.
To apply as Coach, please visit http://www.Lens Academy/become-a-coach
The following additional terms and conditions apply, and You represent, warrant and covenant that:
- You are subject to the Lens Academy’s approval, which We may grant or deny in Our sole discretion;
- You need to visit http://www.Lens Academy/become-a-coach and complete the Coach enrollment form.
- You also agree on the revenue share payment models for submitting your course, prices of courses are upon Our sole discretion. http://www.Lens Academy/become-a-coach
- You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Lens Academy, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Products in the manner contemplated by these this Coach Agreement, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on and through the Site and the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Products or to any User;
- You will not use the Products for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require Lens Academy to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings, All costs of infringements will be entitled to You as a Coach.
- You will not copy, modify or distribute Lens Academy Content except as permitted in this Coach Agreement;
- You will not interfere with or otherwise prevent other Coaches from providing their services or Courses;
- You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate;
- You shall respond promptly to Users seeking Your services and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
- You are over the age of 18.
By reading and understanding there above mentioned points, you understand that you will be not rewarded if any of one of these points is violated and Lens Academy has sixty (60) days of deleting your account and all Your uploaded Content from the Site. The Coach also agrees on all the points of the Coach Terms available at http://Lens Academy/coaching-policy.
- Specific Obligations of Students using the Site
If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course;
- You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Lens Academy Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Coaches applicable;
- You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information; and
- You will not solicit personal information from any Coach other User.
- All the content of the products is under the copyright of Lens Academy BV. You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account.
To access the Products, You will need to register and obtain an account, username, email and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “My Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.
- Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where the Lens Academy provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Lens Academy Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to the Dutch and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Lens Academy with respect to Your Submitted Content and that Lens Academy shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant the Lens Academy a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Coaches and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
The Lens Academy hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Lens Academy Content, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Lens Academy Content unless We give You explicit permission to do so. Submitted Content and Lens Academy Content is licensed, and not sold, to You. Coaches may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Lens Academy permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Lens Academy Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
THE LENS ACADEMY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS.
If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Lens Academy Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Lens Academy in accordance with the procedures that We maintain at www.Lens Academy
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
- Pricing for Paid Courses
10.1 Key Definitions
“Product Price” means the course price is regulated by the Lens Academy
“Base Currency” means the currency of the Course Price and it is set in Euros.
“Sale Price” means the actual sale price for the Course.
“Coupon” means the individual discount for purchasing the Courses.
The Course Price is always regulated by Lens Academy.
If You are a Student, You agree to pay the fees for Courses that You take, and hereby authorize Us to charge Your credit card, PayPal Account or wire transfer for these amounts. We will charge Your credit card once all amounts owed on the order. If Your credit card is declined, You will be not granted the access to the Course. You may contact Us for other payment forms we accept.
Payment via wire transfer is possible. Once You have placed your order and made the payment, We will deliver your course via email within ten working days after confirmation of received payment. Any additional charges or Your bank system will be fully entitled to the Student.
10.3 Taxes and VAT
VAT does apply if you buy from the European Union. ALL PRODUCT PRICES DO NOT INCLUDE VAT. At the checkout, on the Product Price will be added a VAT of 21% by default by the system.
Lens Academy will collect and remit the VAT to the competent tax authorities for sales of such Courses or Submitted Content to Students in the Countries the course has been purchased. Lens Academy may at its own discretion increase the Sale Price where Lens Academy is of the view that VAT may be due and Lens Academy will have a liability to account for such. You will indemnify and hold Lens Academy harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon.
All other countries
For sales of any of Courses or Submitted Content in countries other than the European Union, VAT does apply. ALL PRODUCT PRICES DO NOT INCLUDE VAT. You are responsible Lens Academy is unable to provide you with tax advice and You should consult your own tax advisor.
10.4 Foreign Currency
Lens Academy’s online platform will default the Sale Currency in € no foreign currency is available in the payment system. You will need to pay the corresponding amount of Your local currency corresponding to the exact amount in €.
Lens Academy have a NO REFOUND POLICY. Lens Academy does not refund any of the purchased courses.
Any of the Product is virtually delivered via email, and available at the Account page under “My Courses”. If by any technical issue or due to third parties the Purchased Products may be not available, please send us an email at firstname.lastname@example.org within ten (10) days. We will provide to re-activate, re-send the Course You’ve purchased.
Please note that if We believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Lens Academy Products, without any liability to You. In addition, please note that notwithstanding anything to the contrary in these Terms.
You can access the invoicing systems under Your Account on the voice ”my orders”. You will find all the invoices of the Purchased Courses.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site, in the Products or in any Lens Academy Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to Dutch and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
- Warranty Disclaimer
THE PRODUCTS, SITE, LENS ACADEMY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
ANY CONENT OR ARTICLE WILL BE REMOVED WITH IMMEDIANCY IF ANY COPYRIGHT IS VIOLATED.
LENS ACADEMY DECLINES ANY RESPONSIBILITY OF ANY UPLOADED CONTENT BY COACHES .
- Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 13 DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RSULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
You hereby indemnify, defend and hold harmless the Lens Academy, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 14, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are an Instructor).
It is mandatory to provide first name and last name when registering Your Account, and especially when purchasing the courses. If you do not provide the information or you provide false identity, Lens Academy reserves to delete your account and deny all accesses to the courses you’ve purchased with a no refound policy.
You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at email@example.com (but if You are an Coach then Students enrolled in Your Courses prior to termination shall continue to have access to them for the duration of the Course). We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights to payment and Sections 4, 5, 10-15 and all representations and warranties shall survive termination.
- Electronic Notices
By using the Products or communicating with Lens Academy, You agree that Lens Academy may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Lens Academy learns of a security system’s breach, Lens Academy may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Lens Academy at firstname.lastname@example.org
- Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Lens Academy to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
- No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Lens Academy nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
- These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the Netherlands, under the jurisdiction of the city of Amsterdam without reference to its choice or conflicts of law principles.
- Certification of courses is soley individual and non-transferable to any fisical person or company else than the person who have taken the course.
Last Update 08 February 2016 – Lens Academy B.V. ©