SPAN TERMS & CONDITIONS
Safe Passage Across Networks
Terms & Conditions
Registered at the Dutch Chamber of Commerce
Chamber of Commerce Identification Number 73397849
This website is owned and operated by the foundation Safe Passage Across Networks (furthermore referred to as ‘SPAN’) based in the Netherlands. These Terms set forth the terms and conditions under which you may use our website and Services as offered by us. This website offers visitors information on SPAN, SPAN membership, access to SPAN events, and access to SPAN Training & Consulting information. By accessing or using the website of our Services, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive Services if doing so is prohibited in your country or under any law or regulation applicable to you.
As a responsible educational institution, we are committed to maintaining a high standard of confidentiality with respect to the Personal Data of our newsletter and website subscribers, holders of paid and/or supporting memberships, consulting clients, registrants to our courses, alumni, volunteers, employees and course developers, course contributors and course facilitators. All confidential information provided by a party shall be used by SPAN solely for the purpose of rendering or obtaining Services pursuant to this Agreement and, except as may be required in carrying out this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. All information collected will be stored on computers that are password protected.
We collect and use your personal information for a variety of business purposes, including to respond to your questions or requests, to provide the Service that you request, to communicate with you about our Services, and to do all things necessary to administer the Services, and manage, protect and improve them. We may also use your personal data for the following purposes:
a. Improvement of our offerings, both individually and in aggregate, and to individualize the experience and to evaluate the access and use of our website;
b. The purpose for which you specifically provided the information, for example, to respond to a specific inquiry or provide you with access to the specific educational content and/or Services you select;
c. Tracking of both individual and aggregate progress and completion of an educational content, and analysis of statistics on the manner in which students learn;
d. Monitoring and detection of violations as well as other misuses and potential misuses of the website and/or learning platform;
e. Sending you updates about educational contents offered by us or other events, our affiliates, or selected business partners that may be of interest to you, or sending you email messages about website maintenance or updates;
f. Authentication of your identity when needed;
g. Process of refunds, as applicable;
h. Compliance with internal policies and procedures and any applicable laws, rules, regulations, codes of practice or guidelines, orders or requests issued by any court, legal or regulatory bodies (including but not limited to disclosures to regulatory bodies, conducting audit checks, surveillance and investigation and US embargo laws or any regulations or laws promulgated by the United Nations);
i. Conduct of direct marketing; we may process your Personal Data to contact you to provide you with information regarding the products or services that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
j. To facilitate data analysis and business planning purposes, marketing, advertising, and sales efforts;
k. To improve the website, our products and services;
l. For internal reporting and/or accounting purposes;
m. Any other purpose as disclosed to you at the point of collection or pursuant to your consent.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of SPAN. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by providing SPAN with any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) for the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
PAYMENTS FOR SERVICES & TERMS OF PAYMENT
As a user, when paying for any level of SPAN membership or Training & Consulting (Certificate Courses - Cohort Bases and/or tailored individual Consulting Proposals), you agree that: (i) you are responsible for reading the full description of membership, course brochure, or consulting proposal before making a commitment to pay for it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the payment process (either as check-out process on the website or by invoice).
The prices we charge for using our services (Membership/ Training & Consulting) are listed on the website. Individually tailored consulting prices may vary and will be offered in a separate proposal upon request.
We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be clearly shown on your invoices.
Any invoices are to be paid by the due date listed on the invoice. The payment for courses are made in full prior to the course commencement and/or two weeks after receipt of the invoice, which is sent within 5 working days after receipt of course registration. There is no option for payment installments.
The payment for individually tailored consulting is paid within 5 working days after delivery of a single workshop or training, or according to the specific stipulation between SPAN and the client as outlined in the mutual agreement (including the option of payment installments).
All payments are made via bank transfer, or credit card via our website. Any payment transfer fees will be added to the initial price, and clearly outlined on the invoice.
RIGHT TO CHANGE OFFERS
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
REFUND AND DEFERRAL POLICY
SPAN has a fair policy in place for refunds. The refund policy, as well as procedure, shall be communicated to all members and students (both existing and prospective) clearly via our website and Learning Management System. The refund policy shall be reviewed regularly to ensure it is fair and equitable to all members and students. Users are required to adhere to the refund policy for any request for refund.
SPAN will notify its paying members in writing in the event of any changes made to member benefits. Within 5 working days, SPAN will inform paying members in writing of the alternative benefits (if any).
If a paying member decides to withdraw, the paying member will be refunded the remaining pro rata of membership fees of the annual membership paid for, within ten working days from the day the member submits the request to withdraw.
Should SPAN choose to withdraw or cancel any Memberships, SPAN will notify its paying members in writing. Paying members will be refunded the remaining pro rata of membership fees of the annual membership paid for, within ten working days from the day SPAN withdraws or cancels the Membership.
CERTIFICATE COURSE (COHORT BASED) REFUNDS
For a refund pertaining to withdrawal due to non-delivery of course due to unforeseen circumstances by force majeure, SPAN will notify its registrants in writing in the event of any of the following:
a) The course does not commence on the course commencement date;
b) It terminates the course before the course commencement date;
c) It does not complete the course by the course completion date;
d) It terminates the course before the course completion date.
Within 5 working days, SPAN will inform its registrants in writing of the alternative study arrangement (if any). If a registrant decides to withdraw following non-delivery of the course, the registrant will be refunded 100 percent of course fees and any miscellaneous fees paid within ten working days from the day the registrant submits the request to withdraw.
If the registrant withdraws from the course, SPAN will refund to the registrant an amount based on the following:
After submitting the registration form via email or the website, there is a 14-day (10 working days) withdrawal period during which the registration can be cancelled, or refunded in case payment has already been made, without any fees. The withdrawal period expires after the first day of the course or the moment any teaching materials have been sent. All withdrawal and refund requests should be sent to: email@example.com.
After the course start date,you can withdraw within the first two weeks (14 days) of the learning series if the course is not what you need, and we’ll provide a 50% refund (minus €25 admin fee).
CERTIFICATE COURSE (COHORT BASED) DEFERRALS
After a cohort commences, due to unforeseen circumstances by force majeure, registrants can request to change to a future cohort of the same program within 50% of course completion. A deferral request must be submitted along with a reason and explanation. Cohort changes may be made only once per enrollment and is subject to availability of cohorts scheduled at our discretion. This will not be applicable for deferrals within the refund period and the limit of one deferral per enrollment remains.
RIGHT TO SUSPEND OR CANCEL USER ACCOUNTS
We may permanently or temporarily terminate or suspend your access to any of our services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, the Learner Agreement Terms for Certificate Course, or any applicable law or regulations. Users may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which users have already made payments.
Users agree to indemnify and hold SPAN harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with their use of the website or any of the services offered on the website.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall SPAN be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the services.
To the maximum extent permitted by applicable law, SPAN assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
RIGHT TO MODIFY TERMS AND CONDITIONS
We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, users should review these pages periodically. When we change the Terms in a material manner, we will notify users that material changes have been made to the Terms. Their continued use of the Website or our service after any such change constitutes the users’ acceptance of the new Terms. If a user does not agree to any of these Terms or any future version of the Terms, the user should not use or access (or continue to access) the website or the Services.
PROMOTIONAL EMAILS AND CONTENT
Users agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If users don't want to receive such promotional materials or notices, users can notify us at any time.
SPAN MEMBERSHIP COMMUNITY
If users join our online (paid) membership community, users will have a public profile that is publicly visible to site visitors, and their public activity (such as their posts or comments) will be visible to other visitors of the website. As a user of the website, users can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such an event, the user will not be able to use the community features (e.g. liking, commenting or writing posts).
SPAN is committed to providing a positive learning experience for all users of SPAN services. All grievances and reports of grievances are treated with strict confidence. Such information will only be shared with authorised personnel or related third parties on a need-to-know basis.
In the event that users have any grievances:
a) Users are encouraged to seek initial assistance and advice from their SPAN Course Facilitator(s) or SPAN Consultant(s).
b) Alternatively, users can also speak or write to the SPAN Director of Training & Consulting.
c) All issues of grievances raised in writing should include the user’s name and cohort details (if applicable) as SPAN will not respond to any anonymous feedback or complaints.
d) The SPAN Course Facilitator(s) or SPAN Consultant(s) and/or Director of Training & Consulting will acknowledge receipt of the grievance within 1 week (5 working days).
e) An appointment will be arranged for users to connect with a member of the SPAN Management Team and/or Director of Training & Consulting for follow-up on the issue of grievance. This can be arranged through a web-based meeting platform or over the phone.
f) The SPAN Course Facilitator(s) and/or Director of Training & Consulting will offer a solution within 4 weeks (28 days/20 working days). Should it not be possible to offer a solution within 4 weeks, the SPAN Course Facilitator(s) and/or Director of Training & Consulting will communicate, before the end of the aforementioned 4 weeks, in writing the reasons for the delay, the additional time required to offer a solution, and the expected date at which the solution will be offered.
g) SPAN will inform the user of the outcome/status/findings of any review and investigation in writing and together with any necessary actions taken, where applicable.
h) Depending on the complexity of the grievances, SPAN will aim to conclude any necessary review and investigation in the most effective and efficient manner. These will be carried out in a fair and transparent way.
i) Based on the findings, SPAN will take the appropriate follow-up actions to resolve the issues raised.
j) In the event that any grievances cannot be resolved with SPAN in accordance with the Grievance Policy above, SPAN and the user may refer the dispute to Dr. Dan Long (firstname.lastname@example.org) or may choose to contact the Dutch Foundation for Consumer Complaints Boards (De Geschillencommissie). In the event that the grievances cannot be resolved following the preceding processes, either parties can initiate legal actions/proceedings.
k) The verdict by Dr. Dan Long will be binding for SPAN; SPAN is to take any measures required and to do so promptly.
l) All records of grievances, and the handling of grievances, will be kept on file for two years.
LAW AND DISPUTE RESOLUTION
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The Netherlands, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and users hereby consent to them being decided exclusively by a court of competent jurisdiction located in The Netherlands.
Should you have any questions regarding the Terms above, you can contact us at email@example.com.