General Terms and Conditions
THE WONG JANICE WEBSITE-PRODUCTS-SERVICES
This Website is provided to You by THE WONG JANICE (“TWJ”). TWJ has its registered address in Amsterdam and is registered at the Dutch Chamber of Commerce under number 73118699. You can contact TWJ at hello@thewongjanice.com for questions about these Terms and/or the Website.
1. Introduction
1.1 These terms and conditions (“Terms”) together with the License Agreement, Privacy and Cookie Statement govern Your (“User”/“You(r)”/Customer) relationship with TWJ. The Terms apply to: 1) the access to and the use of our Website and any online services such as mailing lists and 2) to all products and services offered through the website www.thewongjanice.com (the “Website”). You have accepted these Terms, the TWJ License Agreement and Privacy and Cookie Statement and agree to be legally bound by and to comply with the Terms, Privacy and Cookie Statement, collectively referred to as the “Agreement”. You acknowledge to have fully read and fully understood the Agreement.
1.2 Through this Website You have access to the content including all its content including but not limited to any information, images, photos, text, articles, music, demo’s, video and all other materials available on the website (“Content”), the products and services available for sale on or through the Website (“Services”).
1.3 The Website allows You to browse, read, download, view or otherwise consume the content delivered to You by TWJ and allows you to browse and purchase products and services from TWJ.
1.4 TWJ reserves the right to change, modify or impose new provisions to these Terms, at any time. TWJ will inform You of any changes to these Terms. TWJ advises You to reread these Terms from time to time. You are obliged to comply with all provisions set out in the latest version of these Terms at each moment. Any use of the Website, after receipt of the notice will be deemed acceptance of the latest version of the Terms by You.
1.5 In order to provide You with this Website, the products or services of the TWJ, Your personal data are processed. Our Privacy Statement describes among others which data We process, on which grounds We process Your personal data, for which purposes, with whom Your personal data is shared and if We transfer Your personal data to other countries. The Privacy Statement also explains Your rights pertaining to the processing of personal data. Please consult Our Privacy Statement for more information.
2. Definitions
Content All content provided by TWJ online or offline including but not limited to text, images, audio, video, information, drawings, sketches, photographs, graphics
Customer The customer of TWJ, being an individual or a company
Order Customer’s request to purchase a Product
Order Confirmation The order confirmation asserts the acceptance of your order and contains the details and specifications of the purchased Item(s)s as they will be delivered to You
Privacy Policy TWJ’s privacy policy
Personal Data Personal data and information including but not limited name, address, email address, telephone number as described in the Privacy Policy
Price The price determined by TWJ and agreed by Customer of the product and/or services stated on the invoice
Products All products of TWJ including recordings, performances, sheet music
Sales Agreement The sales agreement between You and TWJ is comprised of the 1) sales agreement including the Order Confirmation and the invoice and 2) these terms and conditions and 3) all relevant annexes to the aforementioned documents if any including any notices or additional conditions.
Services All services rendered by TWJ among others making available its Website, sending mailings, newsletters, marketing and promotion campaigns, sweepstakes and contests, sharing of content, the offering and sale of Products, and work as a session musician.
TC These terms and conditions. TWJ explicitly refuses and rejects the applicability of Your own terms and conditions.
Term Duration of the Agreement.
Territory Worldwide.
User The user of the Website.
Website All website properties including but not limited to the website of TWJ and the TWJ Webshop, which is accessible through the url www.thewongjanice.com with all of its components including but not limited to texts, images, trademarks, logos, illustrations, animations, graphics, drawings, audio, diagrams, clips, videos, domain names and services such as mailings and newsletters.
We/us/our TWJ
You/Your An individual and/ or company who is a User and/or Customer.
3. Customer Identification
3.1 Whether You wish to place an order and/or submit other enquiries through the Website or other (electronic) means, You will be asked to provide among others the following information:
a. Your first and last name;
b. A billing and shipping address including zip-code, country;
c. Email address;
d. Telephone number;
e. Account and billing information (credit card or PayPal).
Please note that We need correct and complete details at all times to process Your order and/or enquiry. We will use the above information to contact You about Your order among others. Providing us with incorrect or incomplete information will be Your responsibility and liability.
4. Products & Services
TWJ offers the following Products and Services which can be purchased through the Website. The Products from TWJ are protected by law. Unless otherwise explicitly agreed in this Agreement, the intellectual property rights of the Products remain at TWJ.
TWJ’s Products are also available through third party sellers such as iTunes, Amazon Music, Google or Bandcamp. Please note that sales on third party platforms are directly carried out between the third-party seller and You. TWJ shall, as a consequence, not be responsible nor liable either directly or indirectly, for any disputes, disagreements or other issues between the contracting parties with regards to sales and purchases made between You and third parties.
Products: for sale through the website
a. digital music (mp3)
b. digital sheet music (pdf)
c. voucher - Virtual Cello Concert.
Licensed Products
a. royalty-free music
The TWJ License Agreement determines the use of the licensed Products. Please refer to Annex 1 for the license tariffs.
Virtual/Remote Performances
a. cello meditation concert (virtual)
b. session recording (remote)
Live performances
a. cello meditation concert (in-person)
b. session musician (live)
c. session musician (studio)
The performances include TWJ’s service as a performing artist only. This does not include a recording of the performance, unless specifically requested. A virtual performance includes a live-stream only. You are not allowed to record the stream and offer the stream on demand through other video-on-demand online platforms such as YouTube.
Session musician assignments
You can book TWJ as a session musician. TWJ services as a session musician include the rehearsal of the music works, performance and recordings services only. TWJ is entitled to an additional compensation for a grant of rights pertaining to the recording. Such arrangements with TWJ must be made separately in writing before the start of the session. Not obtaining the proper rights will make you liable for infringement.
Recordings of virtual sessions
At an additional fee, TWJ can provide an on-demand YouTube stream for a limited period of two weeks. Such on-demand video will contain TWJ’s performance and voice only. If you have booked a virtual Zoom session, please notify TWJ of your recording request at the latest 24 hours before the start of the virtual Zoom session. Late notifications may render the recording of virtual Zoom session impossible.
5. Customer’s obligations – technical requirements
5.1. For Virtual/Remote performances, You are obliged to ensure a fast and stable internet connection. If a fast and stable internet 5.2. connection can’t be guaranteed, TWJ is not responsible nor liable for interruptions of the live stream.
5.3. Customer will endeavour to use wired desktop devices instead of wireless devices such as mobile Wi-Fi.
5.4. In case of technical difficulties which can be resolved within 15 minutes, the performance will be resumed within 30 minutes.
5.5. In case technical difficulties make the performance of TWJ impossible for 30 minutes or more, the performance(s) will be terminated.
6. Pricing
6.1. The price of the products and services will be either stated on the Website or communicated with You through email or telephone for a customized Product or Service (“Price”).
6.2. When buying a Product through the Website, the Price will be visible in the shopping basket before you confirm the purchase of your desired Product.
6.3. All Prices stated on the Order Confirmation include Value Added Tax (“B.T.W.” or “VAT”) if applicable.
6.4. All transaction fees arising from payment services will be borne by Customer.
6.5. TWJ reserves the right to change the Price at all times. This will be communicated to the Customer.
6.6. A sale is final once TWJ has sent an Order Confirmation to You.
7. Placing An Order, changing and paying an Order via the Website
7.1. General
Via the Website several products can be purchased. Please note that We need Your correct and complete details at all times to process Your Order and/or enquiry. We will use the above information to contact You about Your Order, expected delivery times, shipment details, costs and future orders, among others. Providing us with incorrect or incomplete information will be Your responsibility and liability.
TWJ offers a range of products through the Website. TWJ may at its sole discretion change, remove, add Items offered and at its sole discretion determine the validity and conditions of an offer. An offer made on the Website is valid as long as indicated on the Website.
The product page on the Website offers a general description of the products offered.
Downloadable items
If You purchase downloadable items through the Website, the product description includes download notes. Please follow the instructions carefully. Not following the instructions is at your own responsibility and risk.
Ordering live performances or a session assignment
If you wish to purchase a live performance or session assignment from TWJ, please send a booking request per email to hello@thewongjanice.com. Upon your request, please provide TWJ with the following information:
Your first name and last name;
Name of the company;
Address, zip code, city;
Email address;
Please specify whether your enquiry concerns a live performance or a session assignment.
Alternatively, you can also visit https://www.thewongjanice.com/booking-request and fill out the booking request form.
Purchasing a Voucher for a virtual/remote performance
TWJ offers virtual-remote performances. On the product page, You can find a step-by-step description of the virtual/remote performance.
A voucher can be purchased for smaller to larger groups. For group sizes larger than 100, please specify on the booking request form. Purchase of the voucher will be confirmed by email. From that moment the voucher can be used to arrange the details with TWJ for the virtual performance.
The voucher for virtual/remote performances has a starting price of EUR 500,- (ex. VAT).
There are four tiers available:
group size up to 20 = €500 / (approx. $520 USD)
group size up to 30 = €750 / (approx. $765 USD)
group size up to 50 = €1250 / (approx. $1100 USD)
group size up to 100 = €1800 / (approx. $1850 USD)
To book your concert, please fill out the booking request form which can be found here : https://www.thewongjanice.com/booking-request
You are allowed to transfer the Voucher to someone else.
7.2. Placing an Order
On the product page, You can click the ADD TO CART button to add an item to your cart. You will then be taken through the purchase process. You will be asked to submit a valid email address before you can continue to the payment option.
In the ‘Order Summary’ window You can review your currently chosen products.
7.3. Amending your Order
Before placing an Order, You can change and correct the details of the desired Order at all times by clicking on your cart. You can review and correct, if necessary, any items added to your online shopping cart. Any errors in the provided information by Customer are solely Customer’s liability. Always review Your shopping cart before proceeding to check-out.
7.4. Paying your Order
Once You click Place Order and Pay, Your Order is placed. You then have an obligation to pay the amount due as described in Your order summary. You can choose a credit card or PayPal to fulfil the payment.
7.5. Order succeeded
If Your Order was accepted, You will receive a written receipt of Your Order with a summary of the Order and a description of the ordered Items. The Order will be delivered to You pursuant to the Order Confirmation. The Sales Agreement between You and TWJ has been established on the time and date as indicated in the Order Confirmation, which You will receive once the payment has been processed. If you purchased downloadable items, a link to the items will be shared on the screen.
8. Payment Terms
8.1. General
a. All prices are stated in Euros. TWJ reserves the right to change the Price at all times. If You pay per credit card or PayPal additional currency exchange rates may apply. Such charges will be borne by the Customer.
b. Upon placement of the Order You have a payment obligation which has to be fulfilled immediately when purchasing via the Website. If You do not fulfil Your payment obligation, TWJ reserves the right to cancel Your Order.
c. For purchases via the Website, Customer is obliged to pay the amount due during the order process.
d. TWJ accepts the following methods of payment: credit card or PayPal. All payments are processed by a third-party payment provider. Customer acknowledges that such a third party uses its own terms and conditions, privacy policy and other legal documents, which TWJ does not control. Any charges pertaining payment methods are included in the total Purchase Price.
e. Customer agrees to receive electronic invoices.
f. In the event the (online) payment process cannot be completed for any reason whatsoever, the order process will be cancelled. You will then have to restart the purchasing process.
8.2. Payment terms for live performances and session assignments
Live performances and session assignments are a customized product. Depending on the Customer’s requirements and the services involved, a live performance and/or session assignment will be priced on a case-by-case basis. Once the customer accepts the offer of TWJ including the final Price, TWJ will issue an order confirmation enlisting the full Price and a down payment invoice. Customer is obliged to pay a down payment of 50% of the Price upon receipt of such invoice. After completion of the live performance or session assignment, TWJ will issue an invoice for the remaining 50% of the Price.
8.3. Payment terms for virtual/remote performances
Upon choosing Your desired tier, you click ADD TO CART. Upon viewing the final price will be calculated and displayed. The full Price is due upon clicking Review & Pay.
8.4. Retention of ownership and title
Until full payment of the Price is paid by the customer and received by TWJ, TWJ remains the sole and legal owner of the Products, regardless of whether the Products are already in Your possession. In the event of termination of the Agreement the legal ownership of the Products immediately reverts to TWJ.
9. Cancellation and Refund
9.1. The Right of withdrawal does not apply to digital files such as mp3, pdf, courses. These items are non-returnable and non-refundable.
9.2. Cancelling a scheduled virtual/remote performance
Up to 48 hours before the performance, You are allowed to reschedule the date within a two-month period at no extra charge. For rescheduling after this two-month period, TWJ will charge an additional EUR 250,-. When a scheduled virtual/remote performance is cancelled and not rescheduled within a two-month period, you will not receive a refund and a reimbursement of 50% of the paid amount will apply in such case.
9.3. Cancelling a session-assignment
Up to 48 hours before the performance, You are allowed to reschedule the date within a two-month period at no extra charge. If the session-assignment is not rescheduled, you will be charged 30% to cover among others the preparation time of TWJ.
9.4. Cancellation by TWJ
Up to 72 hours before the performance, TWJ is allowed to cancel the performance. In this case You can choose to reschedule the performance or choose to receive a full refund of the Price.
9.5. Ending a performance prematurely
If the Customer hosts the performance of TWJ through its own preferred channel (f.e. Zoom, YouTube), and a performance is prematurely terminated due to technical difficulties, such as internet connection issues, on the Customer’s end while live-streaming the performance including, TWJ is not obliged to reschedule the performance free of charge. New arrangements will need to be agreed upon. TWJ reserves the right to charge an additional fee of EUR 250,- (ex VAT) in that case. This additional fee will be charged and payment will be due upon confirmation of the rescheduled date.
If the technical difficulties arise from TWJ’s equipment either during a performance hosted from TWJ’s channel or the Customer’s channel, the performance can be rescheduled within a two-month period at no extra charge. For rescheduling a performance after this period, TWJ reserves the right to charge an additional fee of EUR 250,- (ex VAT) This additional fee will be charged and payment will be due upon confirmation of the rescheduled date.
The Customer is obliged to inform its participants that if they suffer technical difficulties during the live-stream of a performance, TWJ has no obligation to reschedule or refund the performance.
10. Non-conformity
In the event that the non-conformity of a digital music file or a digital sheet music file becomes known to Customer within two (2) months from the detection of the deficiency, TWJ will replace the item free of charge if reasonably possible.
11. Waiver of Responsibility
11.1. TWJ shall in no case be responsible for the operation, data protection, terms or guidelines referred to and applicable to third-party websites, that may be accessed by a link on the Website. TWJ offers these hyperlinks to third-parties merely to facilitate convenient navigation for the user. TWJ will in no event accept any liability for the information, content, offers, services appearing on third-party websites.
11.2. TWJ will use its reasonable efforts to ensure proper functioning of the Website. The Website is built with adequate security measures. You are at all times responsible to adequately protect your billing details including your credit card or debit card information.
12. Service as Is
12.1. Your access to and use of the Website is at Your own risk. You acknowledge and agree that the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis. TWJ does not warrant or guarantee and disclaims any and all responsibility and any and all liability for: (i) the completeness, accuracy, availability, security or reliability of the Website; (ii) any harm to Your devices, computers or systems, loss of data, or other harm that results from Your access to or use of the Website; (iii) the deletion of, or the failure to transfer, to store or to receive any Content, information, materials and other communications by the Website; and (iv) whether the Website will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TWJ or through the Website, will create any warranty or guarantee for TWJ, unless expressly mentioned in these Terms.
12.2. The Website can be maintained at any time, even if this may negatively impact the availability of the Website. You will be notified in a timely manner of scheduled maintenance, if reasonably possible.
12.3. Your feedback and suggestions for improving or adapting the Website are carefully read, however TWJ will decide which adaptations to the Website will be made.
13. Intellectual Property
13.1. TWJ is the sole owner of all intellectual property rights including but not limited to trademark rights, copyright, neighbouring rights, industrial design, trade secrets (“Intellectual Property Rights”), title and interest vested in all information or content, text or images on the Website or has obtained the required authorization or license for the exploitation of the Website, the software, the database, Content or other elements of the Website.
13.2. You acknowledge and agree to respect TWJ’s Intellectual Property Rights. You are strictly prohibited to modify, adapt, copy, replicate, reproduce, in any form, decompile, or otherwise extract content, information, text, source code from the Website.
13.3. The Website shall refrain from accessing data You store or transfer using TWJ for purposes other than the provision of the Service, unless TWJ is forced to do so by law or order of competent authority. In these cases, TWJ shall use its best efforts to limit access to the information as much as possible.
14. Rules of Use
14.1. It is prohibited to use the Website for any purpose that violates Dutch or other applicable law(s) or regulation(s). In addition, it is forbidden to use TWJ products and/or Services in connection with third parties and/or content that publish, submit, transfer, transmit, enter, distribute, disseminate or otherwise make available content or propaganda including but not limited to data, messages, drawings, sound files, images, photos, software, video, audio/visual content, data programs or software that:
is or may be considered pornographic or erotic (even if legal under applicable law), xenophobic, racist, homophobic or contrary to human rights, the law, morality, public order and these Terms;
is in violation of Intellectual Property Rights including but not limited to copyright or hyperlinks to such information;
is false or that refers to other people than yourself;
may cause damage to the computer systems of the access provider, its suppliers or internet users;
crawl, scrape, collect, store or access the Website of TWJ or collect all or part of the database of TWJ; to do anything that violates applicable netiquette or social norms.
14.2. Should TWJ discover that You violate any of the above, or receive a complaint alleging the same, then TWJ may immediately take action to end the violation. TWJ reserves the right to take all steps it deems reasonable to end the violation or to investigate the complaint.
14.3. If in the opinion of TWJ the continued functioning of the computer systems or network of TWJ or third-parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, TWJ may take all steps, measures or actions it deems reasonably necessary to end or avert such damage or jeopardy.
14.4. TWJ is at all times entitled to file a criminal complaint for any offenses committed through or using the Service. In addition, if required by law, TWJ is entitled to supply Your name, address, IP-address and other identifying data to a third-party alleging that You violate its rights or these Terms, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third-party has an evident interest in obtaining this information.
15. Limitation of Liability
15.1. Your access to the Website does not imply nor obligate for TWJ to monitor the absence of viruses, worms, or any other threats to Your devices. You are solely responsible for adequately securing Your devices or systems and protecting yourself from fraud, damages, harmful computer programs, or other destructive content.
15.2. TWJ is not responsible for any damages incurred in the software and computer of users, during the use of the Website or third-party websites accessed via the Website.
15.3. To the maximum extent permitted by applicable law, TWJ shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:
a. of any kind of cause that is caused by or incurred through disconnections, in telecommunication services, maintenance of the Website that produce interruption, inaccessibility, cancellation, suspension of the Website. TWJ in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption;
b. Any conduct or content of any third-party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties;
c. Unauthorized access, use or alteration of Your transmissions or content.
15.4. In no event shall the aggregate liability of TWJ and only in the event of gross negligence, exceed the greater of ten thousand euro (EUR 10.000,-). The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise.
16. Indemnification
16.1. You agree to indemnify and hold harmless TWJ, its affiliates and their respective directors, officers, employees and agents form and against any and all claims, fines, damages, costs, penalties and other expenses, including attorney’s fees, arising out of the use or misuse of the Website, access to the Website’s content, violation of these Terms, or infringement of third-party’s rights including but not limited to intellectual property rights, reserving TWJ the right to request compensation for damages and to take legal action.
17. Force Majeure
17.1. “Force Majeure” means: any event entirely beyond the reasonable control of TWJ including without limitation, war, flood, fire, earthquake, strike, fatal power, disruptions, government regulations, pandemics, which prevent TWJ from performing her contractual obligations.
17.2. TWJ shall not be liable to the other for any breach of her obligations under this Agreement which arises as a direct result of any event of Force Majeure. If an event Force Majeure continues for a period of 2 (two) months or more, either Party may immediately terminate this Agreement. In this case, You will receive a full refund within 14 days from the termination date, payable to the bank account known to TWJ.
17.3. The Party that wishes to invoke such must inform the other Party thereof by giving written notice to the other Party as soon as possible.
18. Notice and Takedown
18.1. If You believe that content on the Website infringes upon Your intellectual property rights, You may submit a takedown notice. These requests should only be submitted by the rights holder or authorized agent to act on the rights holder’s behalf. You can swiftly notify TWJ of any copyright infringement on our Website through the following link https://www.thewongjanice.com/contact and/or via hello@thewongjanice.com.
19. Term and Termination
19.1. This Agreement enters into force as soon as You first use the Service and then remains in force until terminated by the You or TWJ as follows:
a. You may terminate the agreement at any time by ceasing Your use of the Website;
b. TWJ is entitled to terminate the Agreement if You have not used the Service at all in the last 18 months. In such an event TWJ shall first send a reminder mail to the e-mail address connected to Your account;
c. TWJ is entitled to immediately terminate the Agreement with or without cause included but not limited to the event of any conduct by user which TWJ in its sole discretion considers to be unacceptable, or in the event You breach any of the provisions of the agreement;
d. TWJ is entitled to terminate the Agreement in case the Website is cancelled.
e. In case of termination, any articles which according to their scope and nature are meant to have a post contractual effect, will stay in effect.
20. Miscellaneous Provisions
20.1. These Terms are governed by Dutch law. Except to the extent determined otherwise by mandatory applicable law, all disputes arising in connection with TWJ’s website, products and/or services shall be exclusively brought before the competent Dutch courts in Amsterdam and any explanation or interpretation of this Agreement shall be subject to Dutch law.
20.2. For any provision in these Terms that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Website shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
20.3. The version of any communication of information as recorded by TWJ shall be deemed to be authentic, unless You supply proof to the contrary.
20.4. In case any part of these Terms is declared legally invalid, this shall not affect the validity of the whole of the Agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
20.5. Should TWJ not enforce any right or provision of these Terms, this will not be deemed a waiver of such right or provision.
20.6. TWJ is entitled to transfer its rights and obligations under this Agreement to a third-party as part of an acquisition of TWJ or the associated business activities.
(Version February 2022)
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