General Terms and Conditions

Growth Tribe (09.09.2024)

  1. General

    1. These terms and conditions apply to any business or consumer (referred to as the CLIENT) purchasing Individual MEMBERSHIP plans for the GROWTH TRIBE LEARNING PLATFORM (“the PLATFORM”), Individual CERTIFICATES taken via the PLATFORM, or Individual LIVE TRAINING provided live online
    2. If you are considered to be a consumer under Dutch law then the NRTO (Dutch Council for Training and Education) General Terms and Conditions for Consumers apply. These Terms are an addition to the NRTO Terms for consumers. The NRTO General Terms and Conditions for Consumers can be found here. If there is a conflict between these Terms and the NRTO Terms, the NRTO Terms prevail. 
    3. By booking an Individual MEMBERSHIP plan for the PLATFORM, or individual CERTIFICATES via the PLATFORM, you accept both the NRTO’s Terms (available on our website) and these terms and conditions. 
    4. Where the CLIENT purchases training from GROWTH TRIBE on behalf of another PARTICIPANT(S), these terms and conditions apply to the PARTICIPANT(S).
    5. Where a PARTICIPANT is granted access to training from GROWTH TRIBE but are not considered a CLIENT, these terms and conditions apply to the PARTICIPANT(S).
    6. GROWTH TRIBE reserves the right to amend the provisions in these Terms at any time after which the Terms shall apply in the amended form to all subsequent offers and renewals. You can find the latest T&C's on our website.

  2. Service and use of the Platform

    1. MEMBERSHIP of the PLATFORM will begin when payment is received.
    2. Access to an Individual CERTIFICATE hosted on the PLATFORM will begin when payment is received.
    3. CLIENT may not share their log-in credentials with any other parties.
    4. CLIENT may not use any content from the PLATFORM to offer services that overlap in any way with any services offered by GROWTH TRIBE, such as professional development and training.
    5. CLIENT agrees to conduct themselves in a respectful and lawful manner while using the PLATFORM. This includes refraining from any behaviour that may harass, intimidate, or harm others. Any violation of this clause may result in GROWTH TRIBE suspending or terminating the CLIENT’s account without incurring liability.
    6. If you breach any of the rules outlined in clause 2 or engage in inappropriate behaviour on our PLATFORM for any other reason, we retain the right to suspend or terminate your access to the PLATFORM without incurring liability.
    7. GROWTH TRIBE reserves the right to modify (including but not limited to adding or removing features), discontinue or terminate (functionalities of the) the PLATFORM and/or the Content, at any time for any reason without incurring liability.

  3. Intellectual property rights & sharing Growth Tribe content

    1. All Intellectual Property Rights in and related to the PLATFORM and the GROWTH TRIBE content shall exclusively vest in GROWTH TRIBE. The CLIENT only acquires those rights of use that are explicitly granted in and in accordance with these Terms.
    2. All rights of use granted to the CLIENT under a MEMBERSHIP or an Individual CERTIFICATE shall be non-exclusive, non-transferable, non-sublicensable, solely granted for internal business use and limited to the term specified herein.
    3. It is strictly forbidden to use any GROWTH TRIBE intellectual property for commercial training, services or workshops.
    4. CLIENT is, however, welcome to use and share any images and text publicly available on the GROWTH TRIBE website, blog or social media channels (Facebook, LinkedIn, Instagram, and Twitter), on the condition that the source is mentioned and a “do-follow” link to the original content is provided.
    5. The CLIENT acknowledges and accepts that GROWTH TRIBE is permitted to use the CLIENT’s name logo and use-case for educational purposes.
    6. If the CLIENT breaches any of the aforementioned terms, the CLIENT will be required to pay Growth Tribe a penalty of EUR 20,000 per violation, along with an additional EUR 2,500 for each day the violation persists. This penalty will be in addition to any claims for damages and cannot be reduced by a court.

  4. Fees and payment

    1. Unless explicitly agreed otherwise, MEMBERSHIP fees are paid in advance, on an annual or monthly basis.
    2. Unless explicitly agreed otherwise, Individual CERTIFICATE fees are paid in advance on an annual basis. 
    3. Unless explicitly agreed otherwise, LIVE TRAINING fees are paid in advance of the start of the training.
    4. When paying via an invoice, payment must be made within 14 days of the invoice date.
    5. Any queries regarding an invoice must be raised with GROWTH TRIBE within 5 working days of receipt of invoice.
    6. GROWTH TRIBE is entitled to adjust the applicable Fees and rates on an annual basis.
    7. If the CLIENT fails to pay (all or part of) the Fees by the invoice’s due date they will receive reminders from GROWTH TRIBE. Statutory commercial interest (wettelijke handelsrente) will be charged on the outstanding amount from the due date. If the CLIENT continues to fail to pay the amount due after receipt of the demand or notice of default, GROWTH TRIBE may assign the claim to a debt-collecting agency, at which point collection fees will be charged.
    8. If the CLIENT fails to (timely) pay the Fees due for MEMBERSHIPS and CERTIFICATES, GROWTH TRIBE also has the right to suspend, revoke or limit the CLIENT’s access to the PLATFORM until the outstanding Fees have been fully made or proper security has been provided.
    9. If the CLIENT fails to (timely) pay the fees due for LIVE TRAINING, GROWTH TRIBE has the right to remove the CLIENT from the LIVE TRAINING participant list.

  5. Individual Certificate Courses

    1. An Individual CERTIFICATE course will be accessed through the PLATFORM.
    2. Each Individual CERTIFICATE purchased grants access to the course via the PLATFORM for a period of 12 months. After this period access to the course is removed.

  6. Live Training, Participation and Cancellation

    1. Live training will be delivered online.
    2. A seat at a LIVE TRAINING session will only be secured on receipt of payment.
    3. No (partial) refunds will be given for any cancellations made by you.
    4. Rescheduling by the CLIENT to another session is not possible.
    5. In the unlikely event GROWTH TRIBE has to cancel the LIVE TRAINING you booked, we will inform you in due course and you may attend the next LIVE TRAINING that fits your schedule. If for some reason you cannot follow another LIVE TRAINING, we will reimburse you in full for the LIVE TRAINING.
    6. If you are considered to be a consumer (e.g. not registering for the course as a business or as an employee of a company), Dutch consumer law and the NRTO terms and conditions for consumers applies to you, which means you have a statutory term of 14 days to cancel your booking without charge provided the LIVE TRAINING has not started (this term starts from the date of the online booking) and after that you can still cancel the agreement, but you are obliged to pay a reasonable price, which is the following:
      1. In the event of a cancellation until 2 months prior to commencement: 10% of the agreed price after deduction of the study material not yet received.
      2. In the event of a cancellation between 2 months and 1 month prior to commencement: 20% of the agreed price after deduction of the study material not yet received.
      3. In the event of a cancellation between 1 month and 2 weeks prior to commencement: 30% of the agreed price after deduction of the study material not yet received
      4. In the event of a cancellation less than 2 weeks prior to commencement: 50% of the agreed price after deduction of the study material not yet received.

  7. Membership term, renewal and termination

    1. A MEMBERSHIP is entered into for the initial term of twelve (12) months, unless explicitly agreed otherwise. After enrollment, cancellation within the first 12 month term is possible but the CLIENT must pay the full agreed price for the whole 12 month period.
    2. After the initial term, the MEMBERSHIP is automatically renewed for subsequent periods of 12 months at full price.
    3. Both the CLIENT and GROWTH TRIBE have the right to cancel the MEMBERSHIP renewal with a notice period of at least thirty (30) days prior to the end of the current 12 month term.
    4. After the initial 12 month term both the CLIENT and GROWTH TRIBE have the right to cancel the MEMBERSHIP at any point with a notice period of at least thirty (30) days.
    5. All cancellation notices must be in writing. The CLIENT must send their cancellation notice to [email protected].
    6. Upon the termination of a MEMBERSHIP, regardless of the reason thereof, the right of the CLIENT to use the PLATFORM immediately ceases and the Credentials may be revoked. Unless otherwise provided for in these Terms, the CLIENT will not be entitled to any refunds of any Fees, pro rata or otherwise, and any outstanding Fees on the effective date of such termination will become immediately due and payable in full. 

  8. Warranties

    1. The PLATFORM is provided ‘AS IS’ and ‘AS AVAILABLE’. The CLIENT acknowledges that complex software is never wholly free from defects, errors, security vulnerabilities or bugs. GROWTH TRIBE does not guarantee that the PLATFORM shall at all times function without error or interruption, nor that it will be wholly free from defects, errors and bugs.
    2. GROWTH TRIBE will use commercially reasonable efforts to make the PLATFORM available 24 hours a day, 7 days a week, except during planned or unplanned downtime. Support will only be provided on Business Days during Business Hours.
    3. For the avoidance of doubt, downtime caused directly or indirectly by (i) a Force Majeure event, (ii) failure of the CLIENT's computer systems or networks, (iii) any breach by the CLIENT of these Terms, or (iv) any scheduled maintenance, shall not be considered as a non-compliance by GROWTH TRIBE.
    4. From time-to-time GROWTH TRIBE reserves the right to engage Affiliates or third parties to carry out (part of) the support or other services, such at the discretion of GROWTH TRIBE. In this respect, the applicability of articles 7:404, 7:407 paragraph 2, and 7:409 Dutch Civil Code is expressly excluded.

  9. Limitation of liability

    1. The total liability of GROWTH TRIBE is limited to compensation for direct damages, and shall not exceed the sum of the total fees (ex VAT) received from the CLIENT in the last two (2) months prior to the occurrence of the damages, except for injury, death, or property damage. The liability of GROWTH TRIBE is ultimately limited to the actual amount paid out by the liability insurance as a result of the claim in question.
    2. GROWTH TRIBE’s liability for indirect loss or damage in connection with the use of the PLATFORM and materials or software of third parties, is excluded as covered under Dutch law.
    3. The exclusions and restrictions referred to in clause 8.a and 8.b will not apply if and in so far as the damage or loss are the result of an intentional act or gross recklessness by GROWTH TRIBE.
    4. Where performance by GROWTH TRIBE is not permanently impossible, the CLIENT agrees to give GROWTH TRIBE a reasonable term of at least thirty (30) days to remedy the default. The notice of default must contain a comprehensive and detailed description of the breach, in order to ensure that GROWTH TRIBE has the opportunity to respond adequately.
    5. The CLIENT shall indemnify GROWTH TRIBE from and against all claims, damages, losses and costs (including legal (attorney) costs) of third parties arising from or in any way related to the CLIENT’s violation of these Terms and/or improper use of the PLATFORM.
    6. GROWTH TRIBE is not obliged to meet any obligation pursuant to these Terms if GROWTH TRIBE is prevented from doing so as a result of Force Majeure. GROWTH TRIBE shall never be liable for any damages and costs incurred by the CLIENT or any third party which are the result of Force Majeure. Force Majeure means an event, or a series of related events, that is outside the reasonable control of GROWTH TRIBE, including but not limited to, (i) failures of the Internet or any public telecommunications- or computer network, (ii) hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, (iii) power / electricity failures, industrial disputes affecting any third party, (iv) governmental measures, boycotts or changes in the law, (v) war, disasters, explosions, fires, floods, riots, pandemics and/or terrorist attacks.

  10. Privacy and Data Protection

    1. For the purpose of providing and maintaining the PLATFORM and providing support or additional services, GROWTH TRIBE may have access to personal data of the CLIENT. GROWTH TRIBE processes such personal data in accordance with the General Data Protection Regulation (GDPR) and its Privacy Statement as also made available on the website of GROWTH TRIBE.

  11. Confidentiality and Non-Disclosure

    1. Confidential Information means any and all information, materials or data (in writing, orally or electronically) relating directly or indirectly to GROWTH TRIBE and/or the PLATFORM, including without limitation to the information shared on the PLATFORM or during LIVE TRAINING by the trainers and other students, reports, analyses, forecasts, methods, methodologies, designs, drawings, Intellectual Property, algorithms, software, codes (including source codes), computer programs, offers, presentations including powerpoint slides, technical or business information, business plans, marketing and sales plans, actual and new business ideas, CLIENT information, processes, formulas or specifications, and/or any other information that is marked “confidential”, “secret” or similar designation which indicates the confidential nature thereof'.
    2. The parties agree that they will not, at any time during or after the term of this Agreement, disclose any Confidential Information to any person or entity.
    3. This provision does not apply to Confidential Information that is:
      1. In the public domain through no fault of the receiving party,
      2. Is disclosed to others without similar restrictions, or
      3. Was already known by the receiving party.

  12. Applicable Law

    1. These Terms shall be exclusively governed by the laws of The Netherlands.

Any disputes that may arise between GROWTH TRIBE and the CLIENT arising from or in connection with these Terms, and cannot be settled amicably, can be brought before the competent court of Amsterdam, The Netherlands to the extent legally permitted.