Terms and Conditions
Article 1: DefinitionsThe following definitions apply in these terms and conditions:
Entrepreneur: Sexpower, established and having its office in (4146 RT) Ossendrecht at the Molendreef 125.
Consumer: the natural person who does not act in the exercise of a profession or business with whom Sexpower starts an Agreement.
Agreement: the agreement to provide services as referred to in article 4 paragraph 1 of these general terms and conditions.
Website: the online platform where the services are provided: Sexpower.online and Eroconsult.nl
Consultant: a natural person with whom the Consumer can make contact via the Website in the context of the service.
Privacy conditions: the conditions of Entrepreneur with regard to the processing of personal data.
Article 2: Scope
These general terms and conditions, to the exclusion of any other general terms and conditions, apply to all legal relationships between the Entrepreneur and the Consumer, unless the parties agree otherwise in writing. If one or more provisions of these general terms and conditions are invalid or destroyed, the remaining provisions of these general terms and conditions remain fully applicable.
Article 3: Creation of the Agreement
The Agreement is created because the Consumer creates an account on the Website.
Article 4: Services
The services of the Entrepreneur consist of offering an online opportunity to make contact with a Consultant with regard to gaining insights, as well as providing services, coaching, therapy and giving advice and guidance in the field of personal and sexual development.
The service is purely for informational purposes and no rights can be derived from the statements made by our Consultants. We do our best to provide correct information.
Entrepreneur can make additional demands on the Consumer who wants to make use of the services. These requirements are clearly stated on the Website prior to entering into the Agreement.
Article 5: Consumer behaviour
The Consumer is not permitted to act indecently, unlawfully or in violation of the law or to encourage others to do so. For example, he is forbidden to:
- use threatening language towards the Consultant;
- use unlawful texts, images and / or sound material;
- make racist or offensive statements;
- provide login details to third parties. Login details remain strictly personal.
Article 6: Protection of personal data
The Entrepreneur's Privacy conditions apply to the use of the Website. This describes how the personal data of the Consumer are processed. Entrepreneur hereby adheres to the legal rules regarding the protection of privacy and the cookie legislation.
Article 7: Liability
Any liability for damage, arising from or related to the implementation of the Agreement, is always limited to the amount that is paid out by the liability insurance policy (s) taken in the relevant case. This amount is increased by the amount of the deductible according to the relevant policy.
Article 8: Removal / blocking account
Consultant can delete the account at any time via the Website or have it removed.
If a Consumer acts contrary to the provisions of Article 5, the Entrepreneur may, without prior notice, block or delete the Consumer's account, all without any obligation to pay compensation and / or compensation. Entrepreneur informs Consumer of the blockade or removal, stating the reason.
Article 9: Payment
Payment for the Services takes place by means of purchased credits.
Credits are available via the Website.
Payment of the credits takes place via an online payment service.
Credits are personal, non-transferable and not exchangeable.
Credits are valid for 2 years from the date of purchase and then automatically expire.
Article 10: Force majeure
Force majeure, in addition to what is included in the law and case law, is understood to be any circumstance that is independent of the will of the Entrepreneur, as a result of which the fulfilment of the Agreement is wholly or partially prevented or as a result of which the fulfilment of his obligations cannot reasonably be assumed by the Consumer, regardless of whether that circumstance could have been foreseen at the time of the creation of the Agreement. Force majeure also means - but not exclusively - data loss as a result of computer failure, virus infection or computer breach by third parties, and other calamities that prevent or limit the business operations of the Entrepreneur. In the event of force majeure, the Entrepreneur will suspend the performance of the Agreement or terminate the Agreement, all without any obligation to pay compensation.
Article 11: Use of Services
The consumer is responsible for the confidentiality and confidentiality of the login details for the account. The Consumer is liable for the (unlawful) use by third parties of the login data and for all actions or expressions made through the account of the Consumer.
If third parties gain access to the account of the Consumer, the Consumer must report this immediately after discovery to the Entrepreneur.
The entrepreneur is never liable for any damage that the Consumer may suffer as a result of unauthorized access to his account by third parties.
Consumer fully, irrevocably and unconditionally indemnifies Entrepreneur from any claims that third parties may assert as a result of damage caused by unauthorized access to Consumer's account.
Article 12: Maintenance, malfunctions and liability for maintenance and malfunctions
Entrepreneur makes every effort to ensure that the service provided to Consumer runs smoothly. Entrepreneur cannot guarantee the continuous availability of the services.
Entrepreneur can perform maintenance at any time or have it carried out on the network, servers, websites and the like. As a result, services may be temporarily unavailable. Entrepreneur strives to limit the inconvenience thereof as much as possible. Entrepreneur cannot be held liable for damage that may arise from this to Consumer and / or third parties. Entrepreneur will, as far as possible, announce maintenance in advance via the Website. If circumstances require the Entrepreneur to perform (or have performed) direct maintenance (in the event of, for example, disruptions), there is a possibility that the Entrepreneur cannot give a timely announcement.
Entrepreneur cannot be held liable for damage that may arise from this to Consumer and / or third parties. Availability of services and / or websites of Entrepreneur is not guaranteed. Disruptions and maintenance can cause (temporary) outages of the Services. Entrepreneur is in no way responsible or liable for the consequences of this failure for Consumer and / or third parties.
Article 13: Final provisions
Entrepreneur is entitled to unilaterally make changes to these general terms and conditions. The changes take effect at the announced time of entry into force. The entrepreneur will make the amended conditions available to the Consumer in a timely manner.
The legal relationship between Entrepreneur and Consumer is only governed by Dutch law. All disputes between Entrepreneur and Consumer that may arise as a result of or in connection with the Agreement will be settled by the competent court in 's-Hertogenbosch to the exclusion of everyone else. This also applies if an obligation is wholly or partially performed abroad or if the Consumer is domiciled abroad. Entrepreneur and Consumer will not appeal to the courts until they have made an effort to settle the dispute in mutual consultation.
