General terms & conditions.
General
These general terms and conditions govern all agreements between The Art Beat Club (tradename of MARENTHE, Oude Molstraat 32D, 2513 BB The Hague, the Netherlands, CoC-number: 27359182, VAT-number: NL001890474B92 organizer: Marenthe Otten) and the Student.
A valid Contract is created at the point at which the Student registers online at theartbeatclub.com for a course, training or Membership of The Art Beat Club and The Art Beat Club has confirmed that registration.
Any Student who registers for an Art Beat Club course and/or training or Membership agrees they have read and accepted these General Terms and Conditions.
These General Terms and Conditions can be amended by The Art Beat Club at any time, but amended Terms and Conditions apply only to Contracts concluded after that amendment. In this respect, each renewal of a Membership is considered a new Contract.
Any General Terms and Conditions of the Student or other parts to the Contract with The Art Beat Club are rejected by The Art Beat Club and will not apply to the relationship.
Any Contract between The Art Beat Club and the Student is governed by the law of the Netherlands, and any dispute in relation to the Contract shall be decided by the court of The Hague, if no amicable settlement can be reached.
All Intellectual Property rights in relation to the content of The Art Beat Club remain with The Art Beat Club. After payment of the required fee the Student will receive a perpetual license to use all the materials available as part of the course and/or the Membership, but only for him/herself personally. Reselling, sub-licensing and re-distribution in any way of materials from The Art Beat Club is only permitted with written approval from Marenthe Otten.
The Art Beat Club is a tradename which can only exclusively be used by Marenthe Otten. Any other person is forbidden to use that name.
The Art Beat Club is in no way liable for any damage the student might suffer by using its courses, Membership or its materials.
The Art Beat Club processes, as controller, personal data of its Members and/or Students, such as name, email address, and bank account, as this is necessary for the performance of the Contract, in full compliance with the General Data Protection Regulation (GDPR). The Art Beat Club uses FG Funnels and Squarespace processor and guarantees that it will not share these data with any third party unless necessary to comply with the law or its contractual obligations with its Members and/or Students. Inquires or complaints regarding the use of the personal data can be sent to hallo@marenthe.nl.
Online Courses, Memberships & Trainings
Students who purchase a separate online course and/or training of the Art Beat Club or become an Artist in Wonderland waive their right to a cooling-off period (‘herroepingsrecht’).
An Artist in Wonderland Membership is available only on a yearly basis.
The Member can only opt for an annual membership but has the choice between a one-time payment or a monthly payment. At the end of each membership period, the Member can switch to the alternative payment method by sending an email to hallo@marenthe.nl, providing a two-week notice.
After the first fixed membership period of 1 year, the Member may cancel the Membership at any time, provided that one month’s notice is given.
If such notice in (4) above is not given, Membership will be automatically renewed for the same period as the previous Membership term.
The Membership fee is to be paid in advance.
All prices quoted in communication and agreements between The Art Beat Club and the Student are in euro and inclusive VAT (21%).
If a Member cancels the yearly Membership during the subscription term, but after the first fixed period, they will be refunded for the fee paid for the period during which they will not enjoy the benefits of the Membership.
The Member will not receive a refund for services provided in the first fixed period.
Membership fees will be automatically processed once a year around the same day of the month as that of original enrollment, by direct debit or credit card.
If an automatic payment is rejected or if a payment cannot be processed The Art Beat Club will try once more within 7 days and/or the Student will be sent an invoice with a specific date before which the payment must be made. If that second payment cannot be processed or is not received by the date specified, the Student will be considered to be in default. In such circumstance The Art Beat Club is entitled to suspend the Membership of the Student and to withdraw their access to the materials. After the second attempt The Art Beat Club will try to process the payment for a third and final time. If that attempt also fails, The Art Beat Club will cancel the Membership and proceed with legal action to collect the fees due.
The Art Beat Club Facebook group is moderated. By joining the Art Beat Club Facebook group Members agree to abide by certain ‘engagement rules’, which are stipulated in the group.
The moderator of the Art Beat Club Facebook group is entitled, at any time, for any reason, to remove posts, and in extreme cases, remove Members from the group. Such a removal does not grant the Student any rights to cancel their Membership, except as stipulated in these General Terms and Conditions.
The Student is prohibited from sharing any provided materials and/or login details.
Students who become an Art Beat Angel waive their right to a cooling-off period (‘herroepingsrecht’).
The Art Beat Club will make every effort to perform the Contract to the best of its knowledge and ability and in accordance with the requirements of good workmanship (best efforts obligation).
Deviations from the results compared to what has been agreed will not constitute a ground for rejection, discount, compensation or dissolution of the agreement.
The Art Beat Club is authorized to dissolve the Contract, if the Student does not, either in full or in part, or within the time allowed, fulfill its obligations arising from the Contract (such as not attending, being late for an appointment, demonstrating lack of commitment or generally not being coachable). The Student will not be entitled to a refunds under these circumstances.
100% commitment from the Student is required to participate in a program. In case of premature termination by the Student, the payment obligation will be maintained for the amount of the originally agreed order. There will not be any refund.
If The Art Beat Club has imputably failed in the fulfillment of the Contract, this will not lead to a refund of the agreed price and/or compensation for any damage. The Art Beat Club will make reasonable efforts to comply with its obligations. The Art Beat Club will not charge any costs for this.
In order to guarantee the safety of all participants within a program, the Student is also prohibited from sharing information, ideas and content, for any reason, including in their own operations.
Art Journal Skool
You will have lifelong access to Art Journal Skool, subject to the following exceptions:
If the platform on which the academy is hosted is discontinued, access may be terminated. You will be notified well in advance to take necessary measures.
In the event that Marenthe ceases business operations, you will be informed well in advance, allowing you to prepare and adjust accordingly.
Access may be modified or discontinued in response to changes in applicable laws or regulations that materially affect our ability to provide or the nature of the services.
If Marenthe undergoes a merger, acquisition, or asset sale, the terms of access may be altered to reflect the requirements of the new business structure, though continuity of access will be a priority.
Significant advancements or necessary updates to our technology may impact your access, either temporarily or permanently.
Issues related to intellectual property rights that affect the delivery or operation of the academy may lead to modified or restricted access until these issues are resolved.
Access may be temporarily disrupted due to internet outages or other technical malfunctions beyond the control of Marenthe.
You are entitled to a 30-day cooling-off period. Should you decide to withdraw during this time, please send an email to hallo@marenthe.nl. If the payment was made via credit card, we will refund the amount within no later than 130 days. For payments made through other methods, the amount will be refunded to your account within 30 days.
Marenthe is not responsible for internet or power outages, or for infrequent malfunctions of the platform, as these are beyond her control.
Complaints
In case of a complaint about The Art Beat Club, the Student must first submit this complaint in writing to The Art Beat Club within 7 days of discovery of the alleged act or omission from which the complaint arises.
If the complaint is justified, The Art Beat Club will try to remedy this. Complaints do not entitle the client to suspend or reduce payments due. Complaints about services (or products) provided will never be a ground for discount, compensation or dissolution of the agreement.
April. 15, 2024