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Terms and conditions

Effective date: September 30, 2019

Sleepability operates the https://www.sleepability.be website and offers different products and services. The terms and conditions apply to the relationship between Sleepability and its users, for any use of the website [www.sleepability.be] or the products and services, offered by Sleepability. Sleepability offers the products and services under the condition that the user accepts these Terms and conditions which legally bind him/her. If the user purchases Sleepability products and services for anyone other than himself/herself, that person is also legally bound by these Terms and conditions.

1. Definitions

  1. Sleepability/Dorothy Zacharias: a sole trader under the laws of Belgium. The company is registered under registration number 0701682261. The company’s registered office is at Rue Verhulst 49, Uccle 1180 in Brussels. Sleepability is also referred to as “Sleepability”, “us” or “we”.
  2. Service(s): the products and services offered by Sleepability, including but not limited to sleep surveys, workshops, webinars, conferences, online courses, downloadable content, other content, guided sleep meditations, feedback forms and sleep coaching. 
  3. Website: www.sleepability.be and all related pages hosted on this website. 
  4. User(s): an individual private person (“Individual User”) or legal entity (“Corporate User”) making use of the Services. Individual User also refers to employees of legal entities that use the Website or the Services on the initiative of their employer. Also referred to as “User” or “you” or collectively as “Users”.
  5. Terms and conditions: all of the contents of this document. Also referred to as “Terms”.
  6. Fees: the price of the payment due or made to Sleepability in exchange for the Services. 

2. Intellectual property

  1. Sleepability is the exclusive owner of all intellectual property rights (registered or not registered) and all other rights vesting in and relating to the Website and Services, such as – but not limited to – all patents, patent applications, rights to inventions, utility models, copyright and related rights, trademarks, trademark applications, service marks, trade names, business and domain names, rights in processes or content, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world (all constituting “Intellectual Property Rights”). Sleepability is also the exclusive owner of all Intellectual Property Rights (registered or not registered) vesting in and relating to the other services and information offered by Sleepability.
  2. In consideration of the Fees, Sleepability grants its Users a personal and non-exclusive license to download and use the Services. Individual Users get a non-transferable and non-sublicensable license. Corporate Users are granted the right to let some of their employees download and use the Services, as described in the separate agreement with the Corporate User. These employees then get the same rights as an Individual User.
  3. Users are not authorised to:
    • Copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the content provided via our Services or Website without prior written permission;
    • Record on video or audio tape, relay by videophone or other means any content provided via the Services or Website;
    • Use the content provided in the online courses and other Services or Website (whether given by us or any third party trainer) in the provision of any other course or training;
    • Remove any copyright or other notice of Sleepability on materials;
    • Modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any technology forming part of the Services or Website.
  4. The Services are solely intended for personal, non-commercial use.

3. Copyright of Website

  1. The copyright in the Website and the material on the Website (including but not limited to the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material) is owned by Sleepability and its licensors.
  2. We grant the Users a worldwide non-exclusive royalty-free revocable license to:
    • view the Website and the material on the Website on a computer or mobile device via a web browser;
    • copy and store the Website and the material on the Website in your web browser cache memory; and
    • print pages from the Website for your own personal and non-commercial use.
  3. We do not grant you any other rights in relation to the Website or the material on the Website. In other words, all other rights are reserved.
  4. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public the Website or the material on the Website (in any form or media) without our prior written permission.
  5. The automated and/or systematic collection of data from the Website is prohibited.
  6. You may request permission to use the copyright materials on the Website by writing to info@sleepability.be.
  7. We take the protection of our copyright very seriously.
  8. If we discover that you have used our copyright materials in contravention of the license above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
  9. If you become aware of any use of our copyright materials that contravenes or may contravene the license above, please report this by email to info@sleepability.be.
  10. If you become aware of any material on the Website that you believe infringes your or any other person’s copyright, please report this by email to info@sleepability.be.

4. Services

  1. A description of the available Services together with availability and Fees are available on our Website or on demand. We will provide the Services with reasonable care and skill in accordance with the description set out in the Website or in separate agreements.
  2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
  3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee that you will obtain a particular result, professional qualification or employment opportunity from your purchase and use of any of the Services.

5. Purchasing

  1. To use the Services, you will be required to provide information to Sleepability, including but not limited to your e-mail address, first name, last name, time zone, geographic location and gender. You agree to provide complete and accurate information for all use of the Services and to email us if any personal information provided to Sleepability changes.
  2. You (this point 2 applicable to Individual Users only) will be required to make the full payment before receiving the Services. Before making payment you will be prompted to review the Terms. If you agree to those Terms, you will be asked to provide your card details and pay (all payments are processed by Stripe). We will then send you an order confirmation (at which point your order will become a binding contract).
  3. We will not file a copy of these Terms specifically in relation to your order. We may update the version of these Terms on the Website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these Terms for your records. The only language in which we provide these Terms is English.

6. Payment

  1. The Fees for Individual Users who have signed up for Services using the Website is displayed on the Website at the time of purchase. Fees may vary and any Fees changes, promotions or discounts will not apply to any purchases made in the past or the future.
  2. VAT is chargeable on applicable products if you are based in the EU and you agree to inform us correctly of your country during registration. You are responsible for any local sales taxes other than EU VAT.
  3. Sleepability accepts Visa, American Express, MasterCard and Bancontact (for payments in euros only) and any other methods of payment which will be clearly advertised on the Website.
  4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Sleepability shall not be responsible for these.
  5. You shall be responsible for all costs you incur in connection with use of the online courses, sleep coaching or any other Services.
  6. The Fees for Corporate Users will be agreed on by separate agreement. All offers and proposals are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified at that time, and not for possible future purchases.
  7. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (includes charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of EUR 20 (including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees). Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these Terms by giving you written notice of termination.
  8. For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

7. Delivery

  1. Online courses will be delivered to your email inbox, using the email address that you provide when registering for the Services. You must check your Spam, Promotion or any other folders to ensure that our email course is not being filtered by your email provider. We are not responsible and there won’t be any financial compensation for course content that has been sent and cannot be found by the User.
  2. Content available through the online course (videos, audios and documents) will be accessible via our online learning platform and via links which you can use to view and download the content. Sleepability is not responsible for ensuring that you can access the learning platform and all links via your computer, mobile or any other device and network settings.
  3. Sleep Coaching will be delivered via an online video conferencing service or in person, for which details will be provided in your booking confirmation. You must ensure in advance of the call that you are able to use the video conferencing software successfully, including checking that the audio and microphone settings allow you to communicate clearly.
  4. In the case of technical issues, Sleepability will attempt to offer a suitable alternative way of connecting in the booked coaching time. Sleepability is not responsible for the reliability of your internet access and will not refund Users who are unable to receive the full time allocation of coaching due to technical issues.

8. Coaching

  1. The coach provided by Sleepability will support the User in achieving his/her own results and desired outcomes. The User is responsible for the cause of all changes in his/her life. The coach will work with the User to identify solutions and offer suggestions, options and advice based on their own personal experience, training and knowledge.
  2. The User accepts responsibility for all decisions and courses of action.
  3. All coaching sessions are scheduled in advance by direct agreement between the User and the coach. If for any reason you cannot attend a scheduled coaching session, you are fully responsible for informing your coach and rearranging an appointment at least 48 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling by phone or email.
  4. Multiple sessions of coaching purchased as a package cannot be altered or partially completed in any way. If you are enrolled in continuing coaching for a number of sessions, unused sessions due to quitting the programme will not be eligible for refund, credit or transfer.
  5. Suspending your coaching programme is not possible after your programme is in progress.
  6. The coach reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the User.
  7. You understand that all action taken is performed voluntarily and is your own responsibility. Users should seek independent professional advice before undertaking any physical, business or investment actions.
  8. By entering into a coaching agreement you agree to abide by the Terms in this document.

9. Refunds

  1. Individual Users of the online courses (a.o. the Sleepability Challenge) have the right to cancel their requested Service within 14 (fourteen) days from the day they made the payment, unless they have started to download any content from the course. To exercise the right to cancel, they must inform Sleepability with a written notification to info@sleepability.be. We will send them a confirmation of their notification as soon as possible, but in any event within five business days.
  2. Sleep coaching: Fees for a sleep coaching session can be transferred to another later session or refunded as long as the Individual User notifies Sleepability of the cancellation (via email at info@sleepability.be) at least 2 days (48 hours) in advance of the booked sleep coaching session.
  3. If a User signs up for a paid-for subscription but then does not use the Services – they will not be due a refund (except if eligible for the 14 days cancellation period mentioned in point 9.1).
  4. We will refund Individual Users who are eligible for a refund within 14 (fourteen) days after we received their notification to cancel.
  5. The Services may change over time and Users are not entitled to any compensation of payment for updates in the Services that were not received at the time of payment.

10. Warranties

  1. You warrant to us that you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms; the information provided in your order is accurate and complete; and you will be able to accept delivery of the Services.

11. Availability of the Services, Disclaimer of warranties

  1. Sleepability does not accept any responsibility whatsoever for unavailability of the Services, or any difficulty or inability to download or access content or any other communication system failure which may result in the Services being unavailable.
  2. To the maximum extent permitted by law, Sleepability hereby disclaims all implied warranties with regard to the Services. The Services are provided “as is” and “as available” without warranty of any kind.
  3. Sleepability takes no responsibility for the implementation of any advice or the outcomes of such implementation.
  4. Website: Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
  5. Website: To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

12. Liability

  1. Sleepability is not in any event liable for:
    • the effect of the use or application of the Services;
    • the actions or inactions of Users;
    • failure to meet any of Sleepability’s obligations under these Terms where such failure is due to events beyond Sleepability’s control (for example a network failure);
    • any damage or alteration to User’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the download and use of the Website or the Services;
    • any inaccuracy or misleading information provided in Services and any reliance by the User on any such information;
    • any loss of profit, revenue or goodwill;
    • any breach of its obligations under these Terms if Sleepability’s performance is prevented or delayed by any act or omission of the User, nor for any costs, charges or losses sustained or incurred by him/her that arise directly or indirectly from such prevention or delay.
    • any indirect, special or consequential loss arising from any breach of these Terms.
  2. Nothing in these Terms shall exclude or limit Sleepability’s liability which cannot be excluded or limited under applicable law.
  3. Website: To the extent that the Website and the information and Services on the Website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
  4. No part of the provision of the Website or the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
  5. Sleepability’s total liability arising from or in connection with these Terms and the delivery of the Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received or to be received by us in connection with the relevant Services in relation to which a dispute has arisen.
  6. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.
  7. Sleepability shall not be liable to you for any breach of its obligations or termination under these Terms arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Service caused by a death in the Services provider family, illness of the Services provider, Government edict or regulation.

13. Miscellaneous

  1. Sleepability reserves the right to change these Terms. When we change these Terms in a significant way, we will post a notification on our Website along with the updated Terms with 30 days’ notice.
  2. By continuing to use the Website and/or our Services, you agree with the most recent version of these Terms.
  3. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
  4. You confirm that you have not relied on any representations in entering into these and any other Terms with us.  Nothing in this clause or Terms shall limit liability for any fraudulent misrepresentation.

14. Assignment

  1. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

15. Privacy

  1. We at Sleepability respect your privacy. When you make use of our Website or of our Services, we will collect certain personal data from you to allow proper delivery of our Services. If you opt in to receive information about related Services from Sleepability, we will occasionally email you about that. Other than that, we will only contact you in direct relation to the Services you have used or purchased from us. In our Privacy Policy you can read which personal data we collect and for what purposes. You can find our privacy policy here.

16. Severability

  1. The invalidity, illegality or unenforceability of any provision of these Terms shall not affect the validity, legality or enforceability of any other provision of these Terms. Any such invalid, illegal or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid, legal and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.

17. Termination

  1. Sleepability shall be entitled to terminate these Terms and cease to provide you with any Services, including the Website, with immediate effect in the event that you:
    • fail to pay when Fees or other costs are due;
    • act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Sleepability, anyone who provides the Services or any other Users.
    • abuse the Website
    • steal or act in fraudulent or deceitful manner towards us or sub-contractors or any other Users;
    • are in breach of these Terms or refuse to agree to updated Terms (in case these have been updated according to point 13.1)
  2. On termination clause 2 (Intellectual property), 12 (Liability), 15 (Privacy), 17 (Termination) and 18 (Applicable law and jurisdiction) shall continue notwithstanding such termination.

18. Applicable law and juridiction

  1. These Terms shall be governed by and construed in accordance with the laws of Belgium.
  2. All disputes resulting from or arising in connection with these Terms shall be exclusively submitted to the competent court of Brussels, Belgium (through any available remedy, including European small claims procedure), unless the dispute can be settled in an amicable fashion.

19. Complaints, comments and suggestions

  1. Sleepability strives to give you optimal service. Please let us know if you have a complaint, comment or suggestion. You can contact us at info@sleepability.be.

Sleepability

Rue Verhulst 49

1180 Brussels

Belgium

info@sleepability.be

VAT number: 0701682261