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General Conditions & Privacy Policy

GENERAL TERMS AND CONDITIONS & PRIVACY POLICY PSYFLIX B.V.

Psyflix offers a subscription service that provides members with access to master classes, webinars and in-service training (“Psyflix content”) that are streamed over the Internet to select TVs, computers, and other Internet-enabled devices.

These general terms and conditions apply to all offers from and agreements with Psyflix B.V. in relation to www.psyflix.net products and services.

Article 1 – Definitions

In these conditions the following terms have the following meanings:

Psyflix: located in (1092 BH) Amsterdam at the Tweede Oosterparkstraat 185-B, registered in the trade register of the Chamber of Commerce under number 81321678, which offers under the trade name Psyflix.

Service: When we refer to ‘the Psyflix service’, ‘our service’ or ‘the service’ in these terms and conditions, we mean the service provided by Psyflix for discovering and watching Psyflix content, including all options. and functions, achievement of accreditation points, the website and user interfaces, as well as all content and software associated with our service.

Membership: a form of subscription that gives access to the use of the on demand streaming services of Psyflix.

Member: the natural person who has the right to use the services of Psyflix under the Agreement.

Customer: the natural person or legal entity, acting for purposes related to his trade, business, craft or professional activity, who concludes an Agreement with Psyflix.

Agreement: the agreement between Psyflix and the Customer with regard to a product or service in any form and concluded in any way.

Payment Instrument: a current, valid, accepted payment method that may be updated from time to time.

Conditions: these general conditions.

Article 2 – Identity of Psyflix

Name of user: Ehealthspecialists

Business address: Tweede Oosterparkstraat 185-B, 1092 BH Amsterdam
Telephone number: 00316-43548616
Accessibility: Monday to Friday from 9 am to 5 pm

Email address: info@psyflix.net
Website: www.psyflix.net
Chamber of Commerce number: 81321678
VAT number: NL862047407B01

Article 3 – Applicability and amendment of Conditions

  1. The Conditions apply to all offers from Psyflix and all Agreements between Psyflix and the Customer. The Conditions also apply to follow-up agreements, additional agreements and new agreements with the Client. The Conditions are easily accessible electronically on the Psyflix website and will be sent without delay free of charge upon request.
  2. Conditions used by the Customer or Member are explicitly rejected by Psyflix and do not form part of the Agreement, unless Psyflix has explicitly accepted those conditions in writing.
  3. Psyflix is ​​entitled to change the Conditions. Changes to the Conditions also apply to existing Agreements. Psyflix will announce changes to the Conditions prior to their entry into force via its website and newsletters. The amended Terms and Conditions will take effect two weeks after notification, or as much later as stipulated in the notification.

Article 4 – Membership

  1. The Agreement is established by written acceptance of the Customer by going through all the steps from registration to Membership online. Psyflix has the right to refuse a registration at any time. After Registration and submission of a valid Payment Method, a Membership has been established that gives Member access to the Psyflix content. Payments via your account with a third party also fall under the term Payment method. This authorizes Psyflix to debit membership fees for the upcoming billing cycle through the passed Payment Means, unless the membership is canceled before the billing date (see “Cancel” below).
  2. For the application of the Conditions, an electronic message is equated with a written message.
  3. A Psyflix membership will continue until canceled. To use the Psyflix service, you must have internet access and a Psyflix compatible device.
  4. We may offer different types of subscriptions, including special offers or subscriptions offered by third parties in conjunction with their own products and services. Some plans may have different terms and restrictions. These terms and conditions will be provided to the Client when the Client registers or will be stated in other Client-facing communications. Specific information about your Psyflix membership can be found on our website by logging into your account.
  5. A Psyflix subscription is taken out for a period of one (1) calendar year and is annualy renewed by one (1) calendar year.
  6. Articles 6: 227b paragraph 1 and 6: 227c BW are excluded from application.

Article 5 – Price, Billing and Payment

  1. Payment of the membership takes place at the time of the conclusion of the Agreement. All prices used by Psyflix include VAT.
  2. Psyflix can change prices. Changed prices apply from the moment they are stated and do not affect subscriptions already purchased.
  3. Payment by the Customer must be made into the bank and / or giro account designated by Psyflix, unless (advance) payment has been made by credit card, iDEAL or other method permitted by Psyflix.
  4. Exceeding a payment term by the Client leads to default without a notice of default being required. If a payment term is exceeded, Psyflix is entitled to charge default interest of 1% on the outstanding amount per month or part thereof, unless the legal commercial interest is higher, in which case the legal commercial interest is due. The Client is liable for all judicial and extrajudicial costs (including attorney’s fees) that Psyflix incurs for the collection of invoices, with a minimum of 15% of the outstanding invoice amount including interest due.
  5. The customer is not entitled to suspend his payment obligations. The Client is not permitted to set off any payment obligation towards Psyflix, for whatever reason, against a claim of the Client on Psyflix.
  6. Psyflix is entitled to suspend performance of any obligation, including, but not limited to, providing a Member with access to Psyflix services, towards the Client as long as the Client does not fulfill all its (payment) obligations towards Psyflix, for whatever reason. therefore, has satisfied. Psyflix is not liable for damage resulting from the exercise of a right of suspension.

Article 6 – The Service

  1. The Psyflix Service and the content available through the Service are for your personal, non-commercial use only and may not be shared with anyone outside of your home circle. During your Psyflix membership, we grant you a limited, non-exclusive and non-transferable right to view Psyflix’s offerings. Notwithstanding the foregoing, no right, ownership or interest is transferred to you. You agree not to use the service for public or third party displays.
  2. The content of Psyflix is regularly updated and the user-friendliness of our service is continuously optimized.
  3. The picture quality of the Psyflix content can vary from device to device and can be affected by many factors, such as your location, the available bandwidth and / or the speed of your internet connection. The availability of HD, Ultra HD and HDR depends on your internet service and the capabilities of the device you are using. Some content is not available in every picture quality, such as HD, Ultra HD and HDR, and not all plans offer the possibility to view content in every picture quality. Based on the default playback settings, content via mobile networks will not be played in HD, Ultra HD and HDR quality.

Article 7 – Use of Psyflix Services

  1. To use the services of Psyflix, the use of an account on www.psyflix.net is required. Member is obliged to provide his own name when creating the account. The Member is not permitted to have his account used by third parties or to make it available to third parties. Member will keep the password of his account secret. If Member has the impression that someone else is using his account, he will immediately report this to Psyflix.
  2. The member himself will provide equipment, software, a properly functioning internet connection and adequate security and virus protection for his (computer) systems in order to be able to use that content that is offered via www.psyflix.net. Member will further ensure the use of the required settings. The Psyflix website lists the settings that are required to use the service.
  3. Psyflix does not guarantee that this software is error-free, will work without interruption or that defects in software will be immediately corrected. Psyflix will endeavor to provide content without interruptions, but cannot guarantee that technical failures will not occur.
  4. Psyflix can under no circumstances be held responsible for a faulty connection and other inconveniences when using the Psyflix services if the Member does not comply with the provisions in this article about the use of services of Psyflix and / or does not follow technical instructions from employees of Psyflix.

Article 8 – Complaints

  1. Complaints about the services of Psyflix can be submitted in writing via the contact form on www.psyflix.net.
  2. Psyflix will contact the Client within five working days of receiving a complaint to discuss the complaint or to provide a written substantive response.
  3. Psyflix strives to find a joint solution at all times.
  4. Submission of a complaint does not suspend the Client’s payment obligation.

Article 9 – Privacy

Psyflix only processes personal data in accordance with the Personal Data Protection Act and other applicable laws and regulations. This paragraph applies to the processing of personal data by Psyflix in the context of its services.

Article 10 – Force majeure

  1. In line with the provisions of Article 6:75 BW, a shortcoming cannot be attributed to Psyflix in the event of any circumstance beyond the control of Psyflix, including war, danger of war, mobilization, riots, strikes or strikes or lockouts, fire, flood , illness and / or accident of its personnel, computer failures, business interruptions and reduced production, a shortage of raw materials or packaging materials, transport delay, legal action, import restrictions or other restrictive measures imposed by the government, as well as any other preventive circumstance that does not depend solely on the will of Psyflix, such as non-delivery or late delivery of goods and services of third parties engaged by Psyflix.
  2. In such a case, Psyflix’s obligations will be suspended. Only after the expiry of a period of six months do Psyflix and the Client have the authority to dissolve the agreement in whole or in part. Suspension and dissolution do not lead to any obligation to pay compensation, even if Psyflix derives any advantage as a result.

Article 11 – Liability

  1. Although the utmost care is pursued with regard to the content of the webinars, masterclasses and further training, Psyflix cannot guarantee the absence of errors in or the completeness of the material.
  2. Psyflix is not liable for consequential damage of the Customer or Member, including, but not limited to, loss of profit, damage to the image and claims from third parties.
  3. The liability of Psyflix is limited to direct damage of the Customer or Member and to a maximum of the amount that is paid out under the insurance of Psyflix in the relevant case, plus the deductible that according to the policy conditions of this insurance is for the account of Psyflix is coming. The Customer’s claim for payment of compensation is only due and payable after the Psyflix insurer has paid.
  4. If no payment is made under the insurance referred to in the previous paragraph, for whatever reason, the liability of Psyflix is limited to the total of the amounts invoiced to the Client in the past 3 months, with a maximum of € 1,000.
  5. The limitation of Psyflix’s liability does not apply if there is intent or deliberate recklessness on the part of Psyflix. 

Article 12 – Intellectual property rights

  1. All intellectual property rights, including, but not limited to, copyrights, design rights, database rights, trademark rights, trade name rights and patent rights, and other rights to and in connection with software and services of Psyflix, webinars, further training, the material used and related know-how , are held by Psyflix and its licensors.
  2. Psyflix grants Member a non-exclusive, non-transferable and non-sublicensable right to use his account on www.psyflix.net and the facilities made available therewith for using the services of Psyflix.
  3. Psyflix or its licensor (s) may take technical measures to protect their intellectual property rights. Customer and Member may not remove, evade or circumvent this security. Psyflix and its licensor (s) may, insofar as reasonably necessary for the enforcement of intellectual property rights, impose (temporary) restrictions with regard to the scope of the right of use or the type of devices on which the services can be used.
  4. It is not allowed to upload, hack or spam viruses or harmful codes, nor to send Ddos attacks.
  5. Nothing in the Agreement or the Terms can be construed as a transfer of intellectual property rights.

Article 13 – Termination of the Agreement

Termination

Psyflix can be canceled at any time. After terminating your membership, you will have access to the Psyflix service until the end of your billing period. Payments are non-refundable. We do not offer refunds or credits for using a partial membership period or for Psyflix content that has not been viewed. Cancellation is made in writing by sending an email to Psyflix Customer Service via www.psyflix.net.

  1. Psyflix can dissolve the Agreement in writing, in whole or in part, without notice of default and without owing any compensation or payment with immediate effect.
  2. The provisions of the previous paragraph do not affect the possibility of dissolution by virtue of the law.
  3. In the event of termination of the Agreement, all obligations of the Client to Psyflix are immediately and fully due and payable.
  4. Psyflix is at all times entitled to terminate the Agreement with due observance of a notice period of one month, unless stated otherwise in the Agreement.

Article 14 – Applicable law and competent court

  1. Dutch law is applicable to the Agreement. Application of the Vienna Sales Convention is excluded.
  2. All disputes arising from or in connection with the Agreements will be submitted exclusively to the judge of the Amsterdam District Court.

Article 15 – Other provisions

  1. If a provision of the Conditions is or becomes wholly or partially non-binding, the other provisions will remain in full force. In that case, the non-binding provision is deemed to have been replaced by a provision that is binding and deviates as little as possible from the content and scope of this provision.
  2. Psyflix is authorized to transfer its rights and / or obligations under the Agreement concluded with the Client to subsidiaries and / or group companies, or to legal successors, by which transfer Psyflix will be released from its obligations towards the Client. The Customer is obliged to provide all necessary cooperation for the said transfer at the first request of Psyflix.
  3. Rights of the Client under the Agreement cannot be transferred without the prior written consent of Psyflix. This provision has property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
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