The private limited liability company Ultimate Go-Getter Platform B.V., hereafter referred to as: 'Ultimate Go-Getter', has as one of its objectives to facilitate a web application for consumers that offers exercises to enhance self-actualisation. The User of this web application can do different exercises to encourage and enhance self-actualisation and personal development, in the broadest sense.
In these General Terms and Conditions, ‘User’ is understood to mean: the consumer who uses the Services of Ultimate Go-Getter and orders Ultimate Go-Getter to provide the Services as referred to in Paragraph 4.
In these General Terms and Conditions, 'User Agreement' is understood to mean: the legal relationship that is formed between Ultimate Go-Getter and the User as soon as the User registers and/or uses the App, in the broadest sense.
In these General Terms and Conditions, 'Services' are understood to mean: all products and services provided to the User by Ultimate Go-Getter and/or third parties engaged by it, which include the provision and facilitation of a digital web application to enhance self-actualisation, as well as all other activities performed by Ultimate Go-Getter for the User, of whatever nature, including activities performed other than at the User's explicit request.
In these General Terms and Conditions, 'Website' is understood to mean: the Website www.ultimategogetter.com.
In these General Terms and Conditions, 'App' is understood to mean: Ultimate Go-Getter's web application, available and accessible via the Website.
Article 2 Applicability of the General Terms and Conditions
The General Terms and Conditions apply to all User Agreements concluded between the User and Ultimate Go-Getter under which Ultimate Go-Getter offers Services.
Any stipulations varying from the General Terms and Conditions are only valid if they have been expressly agreed with Ultimate Go-Getter in writing.
The applicability of any of the User's purchasing or other conditions is specifically excluded, unless explicitly agreed otherwise in writing.
The General Terms and Conditions also apply to any additional or altered exercises from the User.
Article 3 The App
The App is a free web application, accessible via any web browser, that offers the User the possibility to create an account and subsequently complete a number of exercises within the application for the purpose of encouraging and enhancing self-actualisation and personal development.
By using the App for the first time(which includes: registration and creation of an account), the User agrees to these General Terms and Conditions.
The User Agreement is effected by acceptance of the offer by the User. This is done by registering and, as such, starting use of the App.
During the registration process, the User is asked to provide information. The User guarantees Ultimate Go-Getter that the information they provide when creating their account is accurate, complete and up to date, for which they are personally responsible. If the User’s details are no longer accurate, complete or up to date for whatever reason, the User must modify their details immediately. The User also agrees that the name and user name as well as other public information, such as but not limited to the User’s country of origin, will be visible to others in the App.
The User is not allowed to share their account with multiple persons. If the User violates this obligation, Ultimate Go-Getter is permitted to ban the relevant User from the App and/or deny the relevant User access to the Services offered.
The User is expressly not allowed to assume a different identity or to pretend to be someone else when registering, creating an account and ordering Services.
The User is responsible for keeping their log-in details secret.
If the User knows or has reason to suspect that their log-in details have fallen into the hands of unauthorised persons, the User will be required to modify their log-in details by logging into their account.
Ultimate Go-Getter reserves the right to change the log-in procedure and/or the User’s log-in details if it is deemed necessary for the proper functioning of the App.
If Ultimate Go-Getter sends the User a confirmation, this confirmation will be decisive for the content and interpretation of the Agreement, subject to obvious written errors. Ultimate Go-Getter cannot be held to fulfilling its offer if the User can be reasonably expected to understand that the offer or part thereof contains obvious mistakes or written errors.
Article 4 Performance of the User Agreement
Ultimate Go-Getter will make every effort to design the App to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
See the Website for more information about the App and Ultimate Go-Getter.
Ultimate Go-Getter has the right to have certain work performed by third parties.
The User ensures that all information that Ultimate Go-Getter indicates is necessary, or that the User should reasonably understand is necessary, for the performance of the User Agreement, is provided to Ultimate Go-Getter in a timely fashion to allow Ultimate Go-Getter to provide its Services properly and on time.
If a term has been agreed on or indicated for the performance of Services, this will never be a final deadline. The User needs to give Ultimate Go-Getter notice of default if any term is exceeded, giving Ultimate Go-Getter a reasonable period in which to remedy this and perform the User Agreement.
Article 5 Use of the App
When using the App for the first time, which includes registration of the App, the User is given access to the App and its functionalities. They have the possibility to create an account. The User will remain entitled to access the App as long as they have an account as part of the App. The right to access ends when:
the User Agreement is dissolved, or
Ultimate Go-Getter considers it necessary, for reasons of its own, to temporarily or permanently deny the User access to the App. In that case, the User will be informed by Ultimate Go-Getter about the reason why they are denied access.
It is possible that third-party products and/or services are offered on the App, as a result of which visitors may enter into an agreement with these third parties by means of the App. Ultimate Go-Getter is not liable for the content and/or performance of these agreements and refers to the General Terms and Conditions of the relevant third parties. Ultimate Go-Getter will in no way become a party to the agreement between the customer and the third party.
Article 6 Dissolution of the User Agreement
The User may dissolve the User Agreement at any time by removing the account in the App and, moreover, no longer using the App and/or Services of Ultimate Go-Getter. To have the account removed, the User must send an email to info@ultimategogetter.com.
Ultimate Go-Getter is authorised to terminate the User Agreement in case of circumstances of such nature that performance of the User Agreement is impossible or unaltered maintenance of the User Agreement cannot reasonably be required.
If the User does not comply with the obligations arising from the User Agreement and this non-compliance justifies dissolution, Ultimate Go-Getter is authorised to terminate the User Agreement with immediate effect without any obligation on its part to pay any compensation or indemnification, whereas the User, on account of breach of contract, is obliged to compensation or indemnification.
Article 7 Duration and cancellation
The App can be used by the User for free at all times. The User only has to pay if they want to make use of premium functionalities.
Each User can take out a free trial subscription, which they can activate via the App. Here, it is important for the User to have free 7 (seven) day access to the premium functionalities for which they would normally have to take out a paid subscription. The User does not have to fill in any payment details in order to start the free trial subscription. Access to the premium functionalities will automatically be disabled after expiry of the 7 (sevem) day period. The User must then indicate whether they wish to take out one of the (paid) subscriptions offered.
The User can take out a 1 (one) month or 1 (one) year subscription.
If the User has paid for a monthly subscription, they will have access to the related Services for 1 (one) month during this payment period.
If the User has paid for an annual subscription, they will have access to the related Services for 1 (one) year during this payment period.
For the monthly or annual subscription, it is important for the date on which the User takes out the subscription to be the same as the date on which each subsequent payment will be made.
If the User has taken out a monthly or annual subscription, this subscription will be automatically and tacitly renewed if it is not cancelled (or not cancelled in time). The User has an obligation and responsibility to cancel the subscription.
The User can cancel the subscription in a valid manner at any time by logging into their account. The User must do so no later than 24 (twenty-four) hours before the end date of this subscription. A current subscription cannot be cancelled with immediate effect. The cancellation will only take effect after the current subscription has ended.
If the User cancels a subscription, they will continue to have access to the premium functionalities to which the User is entitled, based on the subscription purchased, until the end date of the chosen subscription. If the User has cancelled the subscription in a legally valid manner, there will be no subsequent direct debit collection.
If the User has cancelled the subscription in a valid manner, this will not result in a refund of the last amount paid, as the User continues to have access to the app as described in paragraph 9 of this article.
If no subsequent payment is made, if payment is unsuccessful or if the subscription is cancelled, access to the products and/or Services offered will automatically be disabled on the end date of the previous payment.
Ultimate Go-Getter will not accept a cancellation of the subscription via a message and/or e-mail and/or social media.
Each Agreement can be terminated by either party with immediate effect and without observing a notice period if:
the other party fails to meet its obligations under this agreement, and also fails to do so after having received a written demand to that effect, and after the period stated in the written demand has expired;
the other party is declared insolvent or a winding-up petition has been filed;
the other party is granted a provisional suspension of payment or an application for a suspension of payment has been filed;
the other party’s assets are attached before judgment or under a warrant of execution;
the other party is dissolved, merges or is divided.
The party who terminates an Agreement pursuant to paragraph 13 of this article will not be liable to pay the other party compensation in connection with this termination. All Ultimate Go-Getter claims will become immediately due and payable as a result of a termination.
If Ultimate Go-Getter offers a subscription other than the annual or monthly subscription, these other subscriptions will be subject to the same provisions on duration and cancellation as described in this article.
Provisions which are intended to continue after the end of the Agreement, such as provisions on payments, liability, intellectual property, confidentiality, privacy and governing law, will continue to apply after the end of the Agreement.
Article 8 Costs, fee and payment
All specified prices of the products and/or Services are in euros and inclusive of VAT, unless otherwise stated.
Ultimate Go-Getter has the right to correct any obvious clerical errors in the prices.
It is not possible for the User to pay in instalments.
Payment in arrears is not possible.
As soon as the User has successfully completed the (online) payment procedure, the User will have immediate access to the subscription.
Ultimate Go-Getter uses the following payment method(s):
Credit Card
PayPal
Local payment method(s): these are specific to the User’s country of residence;
Mollie Payment is the payment service provider of Ultimate Go-Getter.
The User is obliged to immediately inform Ultimate Go-Getter of any inaccuracies in the payment details stated or provided
Ultimate Go-Getter reserves the right to change the prices of Services at any time. The adjusted price will have no effect on the last amount paid by the User, but only on the payment that is made following the price change.
If the User fails to pay an invoice in time, the User will be in default by operation of law, without any further notice of default being required for this purpose. The User will be liable for statutory interest in that case. The interest on the amount due will be charged from the moment that the User is in default until the moment of payment in full of the outstanding amount.
If Ultimate Go-Getter decides to collect a claim for non-payment of one or more unpaid invoices by legal means, the User will, in addition to the principal sum due and the interest referred to in Article 8.10, also be required to reimburse any judicial and extrajudicial costs reasonably incurred. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Extrajudicial Collection Costs (Fees) Decree.
Article 9 Withdrawal
This article only applies to consumers not acting in the course of a profession or business.
The Services provided by Ultimate Go-Getter are excluded from the right of withdrawal as the consumer will have immediate access to the selected Service(s) after having placed the order. The right of withdrawal will lapse prematurely in case of supply of digital content that is not supplied on a material carrier, insofar as Ultimate Go-Getter has started enacting the Agreement and the consumer has given Ultimate Go-Getter their express prior permission to immediately execute the Agreement before expiry of the reflection period. The consumer hereby acknowledges that they will lose their right of withdrawal once the supply of digital content has started.
Article 10 Prohibitory provision
Under no circumstances will the User be allowed to publish, copy and/or use software and/or other parts of the App in any way that is not within the scope of the User Agreement, unless Ultimate Go-Getter grants permission to do so.
Article 11 Guarantees
Ultimate Go-Getter does not give any guarantees in respect of the Services or products provided.
The User will bear the risk of and responsibility for each use of the Services and/or products.
The User guarantees that they will not use the products and/or Services:
In such a way that the rights of Ultimate Go-Getter or of third parties are infringed and/or in another unlawful manner, including IP rights and rights to protection of privacy;
In violation of applicable laws and regulations; and/or
In violation of a provision of the Agreement.
Article 12 Liability
The User is responsible for submitting correct and representative data and information necessary for the performance of the User Agreement. Ultimate Go-Getter is not liable for any damage if the User has provided incorrect, non-representative or irrelevant data.
Ultimate Go-Getter is not liable for errors or omissions by the third parties engaged by it. By using Ultimate Go-Getter's Services, the User grants Ultimate Go-Getter the authority to accept a limitation of liability if a third party engaged by Ultimate Go-Getter wishes to limit its liability.
Ultimate Go-Getter is not liable for indirect damage or loss, including but not limited to consequential damage or loss.
Ultimate Go-Getter is not liable for any slips of the pen in the App.
Ultimate Go-Getter is not liable for the content of the exercises and the actions that the User performs with regard to these exercises, nor for any resulting consequences. The services available in the App generate an obligation to perform for Ultimate Go-Getter rather than an obligation to produce a certain result, which means that the User cannot hold Ultimate Go-Getter liable for any lack of personal growth or development.
Ultimate Go-Getter is not liable for accessibility of the App, functioning of the server and other technical defects in relation to the App.
Ultimate Go-Getter is not liable for data breaches.
Ultimate Go-Getter is not liable for external cyberattacks of the App and any consequences thereof.
Ultimate Go-Getter is not liable for any failure to comply with the obligations arising from the User Agreement or any failure to do so in time, if this is caused by force majeure as referred to in Article 10 of these General Terms and Conditions.
The User indemnifies Ultimate Go-Getter against any third-party claims of whatever nature related to the Services.
If Ultimate Go-Getter is held liable, it will only be liable for direct damage or loss actually incurred, paid or suffered by the User due to demonstrable failure of Ultimate Go-Getter to meet its obligations related to its Services.
Liability of Ultimate Go-Getter is limited to the amount covered and paid out by the insurance company. If the insurer does not pay out or if Ultimate Go-Getter is not insured, liability is limited to a maximum amount of €1,500.
The limitation of liability set out in this article does not apply in case of intent or deliberate recklessness on the part of Ultimate Go-Getter.
This provision does not exclude liability in so far as liability cannot be limited or excluded by law.
Article 13 Force majeure
'Force majeure' is understood to mean: all external causes, through no fault of Ultimate Go-Getter and beyond its control, that render timely, complete or correct performance of the User Agreement impossible.
Force majeure as referred to in the previous paragraph includes but is not limited to: non-compliance by a third party, inaccessibility of the App due to server errors and the like, illness or death of staff of Ultimate Go-Getter itself or a third party, abnormal weather conditions and serious disruptions in the systems of Ultimate Go-Getter.
In the event of force majeure, compliance with the User Agreement will be suspended for as long as the force majeure continues.
Article 14 Confidentiality of data
Each of the parties guarantees that all data received from the other party they know or should know to be confidential are kept secret. The party receiving the confidential data will only use them for the purpose for which they were provided. Data are, in any case, considered to be confidential if they have been indicated as such by either party. Ultimate Go-Getter cannot be obliged to abide by this if, as a result of a court judgement or statutory provision, or for correct performance of the agreement, it is required to provide data to a third party.
Article 15 Intellectual property
Ultimate Go-Getter reserves the rights and authorities accruing to it under the Dutch Copyright Act, as well as other intellectual property rights accruing to it.
The User guarantees that no third-party rights oppose provision of data to Ultimate Go-Getter. The User indemnifies Ultimate Go-Getter against any action based on the assertion that such provision, use, editing, installation or incorporation infringes any third-party right.
Article 16 Complaints handling
The User must send any claim it may have in writing to info@ultimategogetter.com. Ultimate Go-Getter will handle the complaint as quickly as possible.
Article 17 Changes to the Agreement and general terms and conditions
Ultimate Go-Getter has the right to unilaterally change these general terms and conditions and other Agreements at all times. Any changes will also apply to Agreements already concluded. Ultimate Go-Getter also reserves the right to change the prices of the Service(s) offered by Ultimate Go-Getter from time to time.
Any changes will be announced in writing and/or by e-mail and will take effect 30 (thirty) days after announcement or on a later date specified in the announcement.
If the User does not agree to the changes, the User will, until the date on which the changes come into force, be authorised to terminate the Agreement with effect from the date on which the changed conditions take effect. Any subscription fees paid for the current period after the termination takes effect will not be refunded by Ultimate Go-Getter.
Article 18 Identity of Ultimate Go-Getter
Ultimate Go-Getter has its registered office in Barendrecht at Banjohof 15, 2992 NA, and is registered in the commercial register of the Chamber of Commerce under number 71162127. It has VAT identification number NL858604243B01.