Policies Ivy Tribe B.V.
General terms and conditions Ivy Tribe B.V. for purchases through Digistore24 & JVZOO
Version: March 2023
Thank you for taking the time to read the general terms and conditions (referred to hereinafter as “terms & conditions”) of Ivy Tribe B.V. (Besloten Vennootschap). Ivy Tribe is registered in the Dutch trade register with the Chamber of Commerce under Trade Register number 88099547.
In these terms & conditions, Ivy Tribe stipulates the conditions under which it provides its services and digital products. Please read them carefully. Should you, after reading them, have any questions or comments, you can contact Ivy Tribe in the following ways:
By email: [email protected]
Boerenstraat 5, 4201 GA Gorinchem (the Netherlands)
Article 1. Definitions
1.1. In these terms & conditions, the following definitions apply (taking into account that the terms can be used in the plural or in the singular):
- Course: the online course “Streaming secrets exposed” that Ivy Tribe offers;
- Dutch Civil Code: the Dutch Civil Code, “Burgerlijk Wetboek, “BW”;
- In writing: communication via (registered) post and electronic communications such as email, provided that the identity of the sender and the authenticity of the communication is sufficiently established;
- You, yours: the natural person that enters into an agreement with Ivy Tribe or wishes to enter into an agreement with Ivy Tribe;
- Ivy Tribe: Ivy Tribe B.V., based at Boerenstraat 5 in 4201 GA Gorinchem and registered at the Chamber of Commerce under Trade Register number 88099547;
- Parties: you and Ivy Tribe;
- Party: you or Ivy Tribe.
Article 2. Applicability
2.1. These terms & conditions shall apply and form part of all agreements and all activities performed by Ivy Tribe and/or legal relationships of Ivy Tribe. If you accept the offer or order confirmation in which reference is made to these terms & conditions, without raising any objections, you shall be deemed to have agreed to the application of these terms & conditions.
2.2. The validity of deviations from these terms & conditions is conditional upon the explicit written confirmation of the parties.
2.3. Ivy Tribe reserves the right to amend and/or supplement these terms & conditions, at any time. Ivy Tribe will inform you in advance of any changes. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
2.4. The applicability of your terms & conditions is hereby explicitly rejected.
2.5. If Ivy Tribe does not always demand strict compliance with these terms & conditions (for a short or longer period), this does not mean these terms and conditions are set aside. Ivy Tribe can still require strict compliance at every moment.
2.6. If a provision of the agreement and/or these general terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms and conditions. The other provisions will remain in full force.
Article 3. Offers
3.1. Unless explicitly stated otherwise in writing, offers are without obligation.
3.2. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the (online) offer.
3.3. All prices mentioned are inclusive of VAT and in euros or dollars unless mentioned otherwise.
3.4. Ivy Tribe cannot be held to its offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.
3.5. Ivy Tribe cannot guarantee the availability of digital products and services offered through its online store. Ivy Tribe has the right to withdraw products / services at any time.
3.6. By clicking on the “place order” button, you make a binding offer to buy the products / services in your shopping cart. After placing an order, you will receive an email from Ivy Tribe acknowledging that Ivy Tribe has received your order (i.e. the order confirmation).
3.7. Ivy Tribe reserves the right to refuse any order you place, at all times, if the given circumstances require Ivy Tribe to do so. In any case, Ivy Tribe will always be entitled to refuse the following orders:
- an order that was placed by you without providing Ivy Tribe with correct and accurate information (such as an incorrect email address);
- an order that exceeds the permitted maximum number of products / services.
3.8 Customers who purchased our monthly instalment plans (Flexible Plan & Flex Budget) are obligated to fulfil their monthly payments. Ivy Tribe will send the customer 2 payment reminders in case the payment is not due on the given payment date. If the customer has not paid within 7 days of receiving the reminder, Ivy Tribe will engage a collection agency. The additional costs must be paid by the customer.
3.9 When a customer purchased the digital course Streamin Secrets Exposed provided by Ivy Tribe B.V. they are granted a access to the product. The lifetime of a product of this nature and price to be supported is 2 years.
Article 4. Use of the website
4.1. By placing an order at Ivy Tribe’s online store, you certify that you are 18 years of age or older and are legally capable of entering into binding contracts (legal capacity).
4.2. The moment you decide to use Ivy Tribe’s online store and/or place an order, you agree that:
- you will not make any false or fraudulent orders;
- you will provide Ivy Tribe with correct and accurate contact details.
4.3. You are required to contact Ivy Tribe as soon as possible if you have provided Ivy Tribe with incorrect payment details.
4.4. Please note that, in order to fully enjoy the services and digital products of Ivy Tribe, you must have a solid understanding of the English language.
Article 5. General
5.1. The services and products that Ivy Tribe provides are online services / products. Please note that you are responsible for ensuring that the technical requirements for access to and use of the respective services / products booked, are met.
5.2. Ivy Tribe provides the services / products on the basis of a best-effort obligation. Ivy Tribe cannot guarantee that its services / digital products will be accessible at all times and without any interruptions or disruptions.
5.3. Ivy Tribe is entitled to (temporarily) deactivate (parts of) its services / digital products at all times and without prior notice when Ivy Tribe believes this is necessary, and without incurring any liability to you.
5.4. Ivy Tribe often uses products and services of third parties in the execution of the agreement, such as (open source) software, e-learning software, hosting services, licences, etc. You agree to this and will abide by the terms and conditions of these third parties and follow reasonable instructions from Ivy Tribe to prevent violation of these terms and conditions. Ivy Tribe can never guarantee that these third parties will continue to offer their products and services (at the same price) or that the conditions under which these third parties offer their products or services will remain the same.
5.5. Unless otherwise required by mandatory consumer law, Ivy Tribe has the right to engage third parties for the execution of the assignment (without your permission) and Ivy Tribe is not responsible for the actions or omissions of these third parties. Articles 7:404 and 7:407(2) of the Dutch Civil Code will expressly not apply to the assignment.
Article 6. Course “Streaming secrets exposed”
6.1. The online course “Streamings secrets exposed” consists of several modules. Payment is made immediately through the store. You will then receive an order confirmation via email, that includes a username, password and link that gives you immediate access to the online course.
6.2. You get access to the course as long as it is online. The course will remain online for at least 12 months. After that, Ivy Tribe can decide at any moment to take the course offline. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your member login account.
6.3. The online course is personal. This means that you may not share the content of the course with others by - for example - providing them with your login codes / link. If Ivy Tribe suspects that you share or have shared the (contents of the) online course with third parties, Ivy Tribe may decide to block your (further) access.
6.4. Ivy Tribe may change the (contents of the) online course at any time and/or add to it. A change or addition does not give you the right to a refund or compensation. Ivy Tribe can also choose to put the online course - temporarily - out of use if this is reasonably necessary, for example, to carry out maintenance.
6.5. Although Ivy Tribe has compiled the online course to the best of its knowledge and expertise, Ivy Tribe cannot guarantee that you will achieve positive results after taking the course. Ivy Tribe has a best-efforts obligation, not a result obligation.
6.6 Customers who purchased the online program via Digistore24 and their affiliates have a right to refund within 60 days.
Article 7. Online community
7.1. Ivy Tribe offers an online community: Ivy Tribe Community. After payment, you get 1 month access to the online community (“community-subscription”). Access to this online community is through your personal account in Discord.
7.2. A community-subscription has a minimum term of one month, unless otherwise agreed upon in writing. The community-subscription cannot be cancelled by you during the minimum term. The community-subscription will be automatically extended at the end of the contract period with a period of one month each time, unless you terminate the agreement in writing with due observance of a notice period of 1 month before the contract expiry date.
7.3. It is important to Ivy Tribe that the community is a safe space where everyone treats each other with respect. You therefore guarantee that you will not use your access to the online community to harass or otherwise abuse other participants. The moment Ivy Tribe finds out (or strongly suspects) that you have done (or are doing) this, Ivy Tribe may deny you access to the community. Your payment obligation remains intact (i.e. you are not entitled to a refund). In the online community (Discord), other participants can of course share messages. These messages may contain hyperlinks to third-party websites, spam, malware, and so on. Ivy Tribe cannot be held liable for any damage you - or a third party - suffer in this regard. So always be very careful when opening external links, and do not just follow random advice from another participant.
Article 8. Lapse of the right of withdrawal
8.1. In the case of a contract for the provision of services, the right of withdrawal lapses if Ivy Tribe has provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if Ivy Tribe had completely fulfilled the contract.
8.2. In the case of a contract for the delivery of digital content that is not stored on a physical data carrier, the right of withdrawal also lapses if Ivy Tribe has begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once Ivy Tribe had begun to perform the contract.
Article 9. Prices and payment terms
9.1. The price of Ivy Tribe’s services and digital products shall be the one quoted on its website / offer, except when there is a manifest error.
9.2. Payment is due when the service or product is ordered, unless parties agree otherwise. You agree to electronic invoicing, if parties have agreed that Ivy Tribe will invoice you for the provided services / products.
9.3. Ivy Tribe offers the following payment methods: iDEALcredit card. Transactions will be processed through the Payment Service Provider, Stripe. This means that Ivy Tribe shares your necessary (personal) data, such as payment details, with Stripe. You understand and accept this.
9.4. If you fail to fulfil your payment obligations in a timely manner (resulting, for example, from reversal) Ivy Tribe shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfil your payment obligations. If you fail to fulfil your payment obligations within this additional term, Ivy Tribe is entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs incurred. These collection costs will amount to a maximum of: 15% of outstanding amounts up to € 2.500,= 10% of the subsequent € 2.500,= and 5% of the following € 5.000, with a minimum of € 40, -. Ivy Tribe can diverge from the stated amounts and percentages if this is in your benefit.
9.5. Ivy Tribe’s prices can change at any time. However, such changes will not affect any order you have made for which you have already received an order confirmation.
Article 10. Intellectual property
10.1. All intellectual property rights relating to software, data, documentation, training materials, workbooks, and any other materials provided, are owned exclusively by Ivy Tribe and/or its licensors. Ivy Tribe hereby grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable right to use the (content of the) online course / online community for personal study purposes. You are not allowed to reproduce or copy such software, data, documentation, training materials, workbooks, and any other materials, without Ivy Tribe’s written permission.
Article 11. Complaints
11.1. If you’re not content with Ivy Tribe’s digital products and/or services, you can submit a complaint. Please note that a complaint must be submitted within a reasonable time after discovering the defect. If you do not submit a complaint within the period of time stated, your right to complain expires.
11.2. You will receive a response to your complaint within 14 days (counting from the date of receipt of the complaint).
11.3. If Ivy Tribe considers the complaint to be well-founded, Ivy Tribe will come up with a reasonable solution as soon as possible.
11.4. The EU Commission provides a platform for extrajudicial dispute arbitration. This platform gives you as a consumer the opportunity to settle your dispute associated with your online order out of court. You - as a consumer - may present a dispute to the dispute committees via the ODR platform. Click here to submit your complaint.
Article 12. Force majeure
12.1. To the extent that this is legally permitted, Ivy Tribe shall not be held to fulfil any obligation, if it is hindered in doing so, due to a circumstance that is not the result of a fault or negligence on its part and that neither under the law nor pursuant generally accepted principles can be considered to be for the account of Ivy Tribe. To the extent that this is legally permitted, this shall include absence due to sickness, machine failure, transport problems, computer failures, interruptions to the network (internet and telephone), shortcomings and/or unforeseeable stagnation at the suppliers and/or third parties on whom Ivy Tribe depends.
12.2. If, as a result of force majeure, execution of the agreement is impossible for longer than three months, or becomes permanently impossible, then either party may dissolve the agreement. In such an event, Ivy Tribe shall charge you for the services/products already provided.
Article 13. Limitation of liability
13.1. To the extent possible by applicable law, Ivy Tribe’s liability is in all cases limited to direct damages resulting from an attributable failure to comply with its obligations towards you. Ivy Tribe shall never be liable for indirect damages or damages as a result of force majeure. Direct damages are, for example, the reasonable costs you have to incur to establish the extent of the damage you have suffered. Indirect damages include, but is not limited to, reputational damage, loss of profit, damage due to business stagnation and missed savings.
13.2. In any event, Ivy Tribe’s liability is limited to the purchase price or the last invoice, with a maximum of EUR 1.000,-.
13.3. Insofar the damage was caused because Ivy Tribe intentionally caused it or because Ivy Tribe was grossly negligent, Ivy Tribe will be liable for the damage.
13.4. Any claim against Ivy Tribe expires within 12 months after the agreement has come to an end.
13.5. Ivy Tribe has no obligation to retain any used and/or supplied materials and data after the termination of the agreement.
13.6. To the extent possible by applicable law, you indemnify Ivy Tribe against any third-party claim connected with the performance of the agreement.
13.7. Ivy Tribe B.V. and its affiliates bare no responsibility and can not be held liable for damages in case a customer violates the terms or policies of any given platforms used in dropstreaming including but not limited to Spotify, Amazon Music, Apple Music, Deezer and all other music streaming platforms, Twitter, Instagram, Facebook, Tiktok and all other social media platforms and all platforms not mentioned above.
13.8. Our customers have a responsibility to do their own due diligence on tools and platforms advised in the dropstreaming course Streaming Secrets Exposed as to not violate the terms and policies of the respective platforms advised in the course.
Article 14. Competent court, applicable law
14.1. Should any dispute arise, parties will do their best to find a solution. If the dispute cannot be resolved, either party may propose to the other in writing to submit the matter to mediation. Any dispute that cannot be settled amicably or through mediation, shall be submitted exclusively to the competent court of Rotterdam. The consumer will have the right to choose to have the dispute settled by the competent court according to the law, within one month after Ivy Tribe has invoked the jurisdiction of the competent court of Rotterdam in writing.
14.2. The relationship between the parties is governed exclusively by Dutch law, under exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that are mandatory to apply.
Article 15. Other provisions
15.1. If a provision of these terms and conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms & conditions. The other provisions will remain in full force.
Privacy & Cookies Ivy Tribe B.V.
Version: December 2022
Your privacy is important to us. We only process personal data if this is done in a legal and transparent manner. Rest assured; we will handle your data very carefully. In this policy you can read what personal data we process, why we do this, who has access to your data and what your rights are. This policy applies to our website (www.ivytribe.io).
You are under no statutory or contractual obligation to provide your personal data to us. However, we may not be able to provide our services to you or continue our professional relationship when you refuse to provide your personal data.
- Who is responsible for the processing of your personal data?
Ivy Tribe B.V. is the main responsible for processing your personal data. Our contact details are the following:
Boerenstraat 5, 4201 GA Gorinchem (the Netherlands)
Chamber of Commerce No. 88099547
If you have any questions about this policy or the way we handle your personal data, you can contact us:
By email: [email protected]
- Why do we need your personal data?
If you contact us because you have a question, request or complaint (for example through the contact form), we save your message and contact information so that we are able to respond to your message. We process this data (such as your name, email and phone number) under the basis of the agreement, when the question, request or complaint concerns our agreement. In all other situations, we process your data based on our legitimate interest to be able to respond to your message.
Placing and processing orders
In our website store you can place an order. In order to place and process orders, we will need personal information from you, such as your contact details, email address, phone number, payment information, billing information and other information provided by you in order to enter into the agreement, execute it and maintain the relationships resulting from it. We rely on the lawful basis of fulfilment of contract for processing personal data of customers. We keep this data for the duration of the agreement and one year after that (payment and billing information will be kept for seven years due to the fiscal retention period).
On this website and through our social media channels, we like to share experiences of satisfied customers. With your consent, we may process your name. Please be aware that a review is public for everyone. We will show the review until we decide to remove it, or you have indicated that you wish to withdraw your consent.
Newsletter, marketing activities
You can sign up to receive our newsletter. We will use your email address to send our newsletter. We will only send you our newsletter if you have given us permission to add your name and email address to our list of subscribers. We have added an unsubscribe link at the very end of every newsletter. When the description is ended, we will store your information in a list for a period of 3 months so that we don’t accidentally send you more emails. We may process personal data, like your contact details, to perform our other (online) marketing activities, such as providing you with information about similar products or services. We will then process your personal data on the basis of your consent or, under certain circumstances, our legitimate interest to conduct direct marketing activities.
A user-friendly website, analysing & tracking the website
Register an account, Discord
To create an account, you have to fill in your name and email address. It is then entirely up to you which data you include in your account. We save your email address and password so that you can log in more easily next time. We may also collect information such as third-party account credentials (for example, from Discord).
With our chat widget you can ask your question online and get a direct answer. We use Smartsupp to display the chat widget on our website. Read more about the cookies that are set by this widget in the section “Cookies”.
To comply with legal obligations
We may have to process your personal data because the law requires us to do so.
- Third party websites and social media buttons?
We participate in several affiliate and referral programs. Some links on this website are affiliate/referral links, which means that we will get paid a small commission if you click on the link and/or make a purchase on the third-party website. When someone clicks on the link, a cookie will track the clicks.
- How long do we keep your data?
Your personal data will be deleted or made anonymous when we do not longer need this information for the processing purposes as mentioned in this policy. Of course, we can keep personal data longer if we are legally obliged to do so and taking into account any limitation periods.
Please be aware that the information you have shared with other community members in the discord, can’t be deleted by us. For example, we cannot prevent someone from taking a screenshot from a message. You should therefore always be careful with the information you decide to share with the community.
- How do we keep your personal data safe?
We handle your data with care and we will never sell your data. You should be aware that you are responsible for the security of your equipment and your own internet connection, and that these are never 100% safe.
- Do we share your personal data with third parties?
Sometimes we share your data with others. We will share your data with a number of parties if this is permitted by law. We may share your personal data with third parties when this is necessary for the execution of the agreement, you have given your consent, we have a legitimate (commercial) interest or the law obliges us to do so:
- Website hosting
- Ecommerce software
- Payment processors
- Mail servers
- Calendar tool
- Bookkeeper and accounting software
- Cookie providers
- Other IT suppliers and service providers
It is possible that your personal data is transferred or stored outside Europe. We only do this if there is an adequate level of protection for the processing of your personal data. For example, a model agreement with additional safeguards.
- What are your rights?
You remain in charge of your own data. If you have provided personal data to us, you can send a request to view, modify, receive a copy of, delete, and restrict the use of this data free of charge. Have you given your consent for the processing of your data? You can withdraw your consent at any time. You can also object to the use of your data for marketing purposes. Just send us a message to exercise your rights.
- Are cookies being used?
By making use of functional cookies, we can ensure that our website performs properly and that you do not always receive or need to enter the same information every time you visit our website. These cookies cannot be switched off. We make use of Google Analytics to analyse how you use the website. This service is provided by the American company Google and cookies are being set. By doing so, we collect, among other things, your IP address, number of users and sessions, location information, information about your device, browser and session duration. These cookies are stored on your devices for a maximum of 2 years. Would you like to know more about Google Analytics and the cookies set by Google? Then click here. Would you like to opt-out of Google Analytics, click here.
We use (tracking) cookies for advertising purposes. By doing this, we can show you relevant ads and measure and use the result thereof ("retargeting"). You can always object to this form of profiling.
- How do you delete cookies?
Do you want to delete cookies before the expiry date? Most browsers support cookies, but you can set your browser to decline them and you can delete them whenever you like. Usually this can be done through your browser’s ‘preferences’. Please note that if you delete cookies, you may lose certain stored information (such as login details) and your user experience could be limited.
- What can you do if you have a question or complaint?
If you have any complaints or questions about this policy or the way we process your data, please send us a message. You can also file a complaint against us regarding the processing of your personal data with the Dutch Data Protection Authority.
- Will we change this policy?
DISCLAIMER – IVY TRIBE B.V.
Ivy Tribe B.V. (hereinafter referred to as “Ivy Tribe”), hereby grants you access to www.ivytribe.io (the website). You may only use the website for your own personal use, and not for profit. Therefore, you are not permitted to publish and/or multiply the contents (such as texts, pictures, designs, etc.) of this website for other (commercial) purposes.
The information provided on this website has been compiled by Ivy Tribe with great care. Nonetheless, Ivy Tribe cannot exclude the possibility that information published on this website is incomplete and/or incorrect. Ivy Tribe cannot guarantee the quality of the information on this website. Ivy Tribe can also not guarantee that the information is correct, current and complete.
In particular, all prices that are displayed on Ivy Tribe’s website are subject to typing errors and amendments. You cannot hold Ivy Tribe accountable for the consequences of such errors. Ivy Tribe can also not guarantee that this website (and the servers used for this website) is free of computer viruses and other malware. Ivy Tribe accepts no liability for any damages or losses whatsoever resulting from computer viruses and other malware.
Naturally, Ivy Tribe endeavours to keep its website up to date. Ivy Tribe reserves the right to amend the information displayed on this website - without notice - at any time.
Websites from third parties
This website may contain (hyper)links to other websites owned and operated by third parties. Ivy Tribe can never be held liable for any losses or damages that you - or a third party - suffer, when you have accessed a third-party website via an external hyperlink.
All texts, images, logos, videos, courses and other materials contained in the website are copyrighted and may not be altered, copied or otherwise used by you without Ivy Tribe’s prior written permission.
All intellectual property rights subsisting in the website and its content, are owned by Ivy Tribe. If you suspect that your (intellectual property-) rights have been infringed by the content displayed on Ivy Tribe’s website, Ivy Tribe invites you to contact Ivy Tribe by sending an email to: [email protected]
Ivy Tribe’s services and digital products are not available to anyone under the age of 18.