I General Terms of Use
1. Welcome to Other Echo
Welcome to www.other-echo.com (the “Website”) and thank you for visiting.
These Terms of Use (the “Terms of Use“) apply from March 1, 2021, to any use of the website www.other-echo.com (the “Website“) (both via your computer and mobile device), on all services offered by Other Echo and all agreements Other Echo enters into for the use of the Website and the services.
By visiting our Website you agree to these Terms of Use. Other Echo encourages anyone using the Website (a “Student“) to read these Terms of Use in advance. Other Echo may change these Terms of Use from time to time. We, therefore, recommend that you read them regularly.
2. Protecting your privacy
Our Privacy Policy explains how we handle your personal information and how we protect your privacy when you use our Website.
3. Misuse of the Website and its consequences
To report illegal and infringing and/or offensive content and other problems, please use the Contact form; this way we can together ensure that the site remains as clean and safe as possible. You can also report complaints about scams via the contact option shown in the footer on the page.
If we receive directions and/or complaints from other Students and/or Trainers or for other reasons believe that a particular Student or Trainer is not acting in accordance with the law and/or the Privacy Statement, we can – if we see a reason to do so – for safety reasons and to protect our Students and/or Trainers, take the following measures, among other things. Other Echo may also take these measures if you make unreasonable use of the Website, for example, if your use hinders other Students and/or Trainers or disrupts the proper functioning of the Website.
Other Echo can exclude the relevant Student and/or Trainer from the services of Other Echo or limit certain functionalities for this Student and/or Trainer. You can think of, for example, suspension of the account of the Student and/or Trainer in question, the removal of assessments, or the limited placing of Classes or comments.
4. We make no guarantees
We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website will function flawlessly and/or that continuous and/or safe access to the Website or parts thereof can be obtained.
All information and numbers on the Website are subject to spelling or typing errors.
5. Limitation of Other Echo liability
To the extent permitted by law, we exclude liability for all damage suffered by a Student
(i) use of Other Echo’s services;
(ii) the unavailability or secure availability of the Website or parts thereof;
(iii) incorrect information on the Website;
(iv) purchase of services from third parties or use of services purchased through the Website; or
(v) changes to Other Echo’s services or changes to or on the Website.
6. Changes to the services and the Website
Other Echo may change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will endeavour to provide reasonable notice of such change or termination before it is implemented.
7. Websites and Services of Third Parties
The Website contains references to the websites of third parties (for example by means of a hyperlink or banner). Other Echo has no control or influence over the content of these websites. The (privacy) rules of that website apply to these websites. If you have any questions about these rules from third party websites, please refer to their respective websites. This also applies to the use of the services of external service providers, such as payment services of third parties. The use of these services will then fall under the (privacy) rules of the relevant service provider.
8. Cancellation
You may cancel your class up to 24 hours before the class begins and request to receive a full refund.
9. Complaints procedure
In case of a complaint, you can submit it via our contact form. We take all complaints very seriously and will aim to respond within 14 days. If this is not possible, we will give you an indication of the term of response within 14 days. Note: Other Echo is not responsible for the content of the Class. We strive for quality lessons but are solely responsible for linking Students to Trainers and facilitating the tool to deliver and follow these Classes. Nevertheless, we will deal with all complaints and we will do our best to find a suitable solution between Student and Trainer in case of demonstrable defects of a Trainer.
10. Other provisions
Other Echo V.O.F. (“Other Echo”) is located at Dr. Jan van Breemenstraat 1, 1056 AB in Amsterdam. Other Echo is registered with the Chamber of Commerce under number 81488599.
Other Echo may change the Terms of Use or parts thereof at any time. Other Echo will endeavour to announce any such change within a reasonable timeframe before it becomes effective. The changes will become effective within a reasonable period of time after they are announced, or after you have used the Website and/or the Other Echo services again after the change, whichever is the sooner.
Notices to Other Echo (other than infringing or otherwise unlawful Class) may be directed to Other Echo V.O.F., Dr. Jan van Breemenstraat 1, 1056 AB in Amsterdam. Notices to Students and/or Trainers will be sent to the email address provided.
11. Experiences
Students may be asked to rate a Trainer with whom they have interacted with, interacted a lot, rate through Reviews. The Review that is given consists of a number of stars and a standard text that the Student chooses. The Review may become publicly visible.
Other Echo has no influence on the ratings via Reviews. It may happen that a Review does not represent the actual situation (completely) correctly.
A review:
II Rules for posting Classes
1. General Rules for posting Classes on the Website
1.1. Formatting a Class:
a. Only one concrete lesson (course or workshop) may be offered in each Class.
b. Each title and text of a Class must contain a description of the service offered.
c. Titles and texts of Classes may only be in English.
d. It is not allowed to post free Classes on the Website. It is not permitted to have multiple identical Classes online or have posted on the Website at the same time. It is not allowed to place multiple identical Classes or multiple Classes for the same service using more than one account. Other Echo itself regularly offers free Classes in collaboration with external partners. These Classes are managed by Other Echo and are therefore an exception to the placement of free Classes.
e. It is not allowed to delete Classes when one or more students have paid for this Class. With one registration or more, the Trainer is obliged to give the Class on the agreed date and time.
1.2. Class content that is not allowed:
a. The title and text of the Class must not be misleading, inaccurate or false. The title and text must accurately and clearly describe the service being offered.
b. It is not permitted to offer or present certain legal rights, such as the right of the Student to a service that meets the specified specifications, as an additional service, for example by requesting a fee for it or only purchasing it against payment to respect.
c. In any case, a Class may not contain discriminatory, pornographic, insulting, threatening or inflammatory content. The content may also not contain political messages and personal data of third parties or be contrary to public order or morality.
d. It is not permitted to post a Class for the sole purpose of directly or indirectly promoting a business or service outside of the platform or to do so while conducting a Class.
1.3. Illegal or Unlawful Services
It is not allowed to offer services whose performance is illegal or unlawful. Both Trainer and Student should always pay close attention when offering and responding to services. Trainers and Students are expected to know the laws and regulations in the field of the relevant service themselves.
1.4. No Infringement of Intellectual Property Rights of Third Parties
a. It is not allowed to include a product in a Class that infringes the intellectual property rights of third parties. This means, among other things, that it is not allowed to offer/share a product that infringes the copyright of another party, such as the copyright on software or music, without the permission of that other party;
b. Only the brand name of the product that is offered or handled in the Class may be used in the title and text of the Class.
2. Placing a Class
2.1. Trainers account
A Trainer places a Class via the provided link after it has been received by email. Before a Trainer can place a Class, he/sh must first have created an account via the “Become a trainer” button on the homepage.
3. Rules for offering the price/payment methods in a Class
3.1. A Trainer may not require a Student in a Class to use certain payment methods.
3.2. A Trainer is not allowed to state only part of the prize in the price field of the Class. The asking price stated in the price field must include all costs (items) that are unavoidable for the Student. This means that all costs that the Student must necessarily incur in order to purchase the service offered, including but not limited to mandatory taxes, must be included in the stated asking price.
3.3. Trainers who, as an entrepreneur, offer their goods and services to private individuals, are obliged to indicate prices including VAT in a Class on the basis of Article 38 of the Sales Tax Act.
4. No guarantees
4.1. Trainers and Students must carry out sufficient research themselves and obtain sufficient information before they place or purchase a Class on the Website. We do not check the quality of the content of the Class, the safety or legality of the services, the correctness of the offers. Other Echo does not guarantee this.
4.2. Other Echo also cannot guarantee that the services offered by Trainers on the Website will meet your expectations.
5. Indemnification Service Classes and Limitation Liability Other Echo
5.1. Every Student and/or Trainer indemnifies Other Echo against claims from third parties with regard to damage suffered by;
(i) entering into an agreement based on a Class,
(ii) the use of services offered through the Website;
6. Amendments
6.1. Other Echo may change the Website or parts thereof, including the format of the genres, class types, levels, group sizes, the format of the Website and search options, at any time and in its sole discretion. We will endeavour to announce such changes within a reasonable time before they are implemented.
7. The Class can also be published elsewhere
7.1. Other Echo can use the Trainer and his/her Class and its content for its own publicity purposes. This means, among other things, that a Class or part thereof may be displayed by us through other distribution channels, such as third party websites, in print media or on television.
7.2. By posting a Class, you automatically grant Other Echo a free, worldwide, irrevocable, sub-licensable and transferable license to use, reproduce, distribute and make public the Class and/or (parts of) its content ( and allow third parties to use and reproduce) for marketing, promotional and/or Class purposes. You guarantee that you are authorized to issue this license.
7.3. We may provide third parties with access to a Class for publicity purposes to enable them to promote it and other Classes on third party websites, by email and through other channels. These promotions may contain (parts of) the Class.
7.4. The layout of Classes can be changed so that the Classes are accessible from mobile devices or other third-party software applications.
7.5. The Website contains references (for example by means of a hyperlink or banner) to the websites of third parties. These references can also be placed in or next to a Class. Other Echo has no authority or influence over the content and policies of these websites. The (privacy) rules of that website apply to these websites.
III Additional terms and conditions for business advertising
1. General
1.1. An Advertisement placed via the Website is visible through all media that (can) display the Website, such as applications for mobile phones. Advertisements may also be visible on external sites through optional additional distribution channels and affiliate programs.
2. Order of Classes
There are several factors that affect the order or manner in which Classes are displayed on the Website. The premise is that Classes are ordered by the time of placement. The search term and/or (search) settings used by the searching User do influence the ranking.