Terms and Conditions

Article 1. Definitions

In these General Terms and Conditions the following definitions are used, both in singular and in plural.

1.1. Account: the account on Wised-up.com that allows the Trainer to use the Services.

1.2. Advertisement: an advertisement on Wised-up.com or other request sent via Wised-up.com, in which the Trainer offers his services.

1.3. Advertising price: the fee payable by the Trainer, as further defined in Article 19.1 of these General Terms and Conditions.

1.4. Customer: the natural or legal person who enters into an agreement with the Trainer to purchase the services of the Trainer using Wised-up.com.

1.5. General Terms and Conditions: these general terms and conditions, regardless of the form in which they are made known.

1.6. Service: the service offered by “Wised-up.com”, which includes offering Wised-up.com.

1.7. User: the user who makes use of Wised-up.com in any way, including but not limited to Trainers and Customers.

1.8. Agreement: the agreement between “Wised-up.com” and Trainer with regard to the Service, of which these General Terms and Conditions form an integral part.

1.9.  Wised-up.com offered by “Wised-up.com” via the website www.Wised-up.com, an application or any other way on which Buyers and Trainers can come into contact with each other in connection with the provision of services.

1.10. Profile page: a page on Wised-up.com with an overview of the trainer’s company profile, reviews and services. The layout of the Profile page and the type of data it contains may be changed from time to time by “Wised-up.com”.

1.11. Response: every response of the Customer to an Advertisement, regardless of its content.

1.12. “Wised-up.com”: the private limited company Wised-up.com BV, established in Belgium 9910 Ursel Gentseweg 3. VAT no BE 0887 202 778.

1.13. Trainer: the natural or legal person who makes himself available through Wised-up.com to provide services. Each Trainer is considered as a business user and therefore, insofar as not deviated from in these General Terms and Conditions, the legal rules for business contracts apply, and not the rules that apply to contracts with consumers.

Article 2. General

2.1. These General Terms and Conditions apply to all Agreements, regardless of how they are concluded, and all other legal acts between “Wised-up.com” and the Trainer.

2.2. Wised-up.com is at all times entitled to amend or supplement these General Terms and Conditions. In the case of substantive changes, “Wised-up.com” will communicate these to the Trainer at least 30 days before the changes take effect. If the Trainer does not agree to the new changes, the Trainer can terminate the Agreement between the parties until the changes take effect.

2.3. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing or by email between “Wised-up.com” and the Trainer.

2.4. Wised-up.com expressly rejects any terms and conditions of the Trainer.

2.5. Once these General Terms and Conditions have applied to a legal relationship between “Wised-up.com” and the Trainer, the Trainer is deemed to have consented in advance to the applicability of the General Terms and Conditions to Agreements concluded and concluded afterwards.

2.6. If and insofar as any provision of these General Terms and Conditions is declared null or void, the other terms and conditions will remain in full force. Wised-up.com will then adopt a new provision to replace the void / voided provision, taking into account the purport of the void / voided provision as much as possible.

Article 3. Services

3.1. “Wised-up.com” offers a platform on which Trainers and Customers can come into contact with each other in connection with the provision of services. “Wised-up.com” only has a facilitating role in this and cannot be held responsible for the acts or omissions of a User through or in connection with Wised-up.com or otherwise.

3.2. “Wised-up.com” is at all times entitled to adjust and / or terminate (the content of) its Services.

3.3. Wised-up.com has composed the content of Wised-up.com with the utmost care. However, all substantive information on Wised-up.com in Comments, Advertisements, reviews and proposals comes from the Users. These Users are responsible for the accuracy and completeness of this information. “Wised-up.com” assumes no responsibility for the content of Comments, Advertisements, reviews and proposals, nor for any other communication between Users. Nor is “Wised-up.com” responsible for meeting their obligations by Trainers and Customers, including meeting any payment obligation, the correct execution of the services to be performed and meeting any quality requirements of the Trainer.

3.4. Wised-up.com contains references (for example by means of a hyperlink, banner or button) to the websites of third parties. “Wised-up.com” has no control over these websites and is not responsible for their content and / or the policy pursued, including the privacy policy.

3.5. “Wised-up.com” provides the information it places on Wised-up.com itself, to the extent applicable law permits, on an “as is” basis, excluding any express or implied warranties, representations, or indemnifications of any kind, with including (but not limited to) the exclusion of warranties with regard to justice to (property) rights, sufficient quality, suitability for a specific purpose and non-infringement of property rights or rights of third parties. In particular, “Wised-up.com” does not guarantee:

(a) that the information on Wised-up.com is correct, complete, suitable, current and not unlawful, including the information provided by Users;

(b) that Wised-up.com will operate uninterrupted, free from viruses, trojans and other errors and / or defects, and that any defects will be remedied; and

(c) that third parties will not use Wised-up.com and / or the systems of “Wised-up.com” unlawfully.

3.6. “Wised-up.com” is entitled to (temporarily) decommission or restrict Wised-up.com in the event that this is necessary or desirable for maintaining or modifying Wised-up.com, without this giving rise to any right to compensation towards “Wised-up.com”. “Wised-up.com” is not obliged to inform Users (whether or not in advance).

Article 4. Account and provision of information by the Trainer

4.1. In order to use the Services of “Wised-up.com”, an Account must be created in the manner described on Wised-up.com, stating the information requested.

4.2. Wised-up.com may request additional information from the Trainer from time to time. The Trainer will provide this information to “Wised-up.com” upon first request. The Trainer does not provide the additional information within 14 (fourteen) days of the request from “The

Platform ”, then“ Wised-up.com ”has the right to block the Account until the requested information has been provided.

4.3. An Account is only created when “Wised-up.com” has confirmed and accepted the request to create an Account in writing or by email. The Trainer cannot place Advertisements with the Account until “Wised-up.com” has confirmed the Account.

4.4. “Wised-up.com” is entitled to refuse or delete (creating) an Account and / or (placing) a Response, Advertisement, assignment, review, offer or other information by the Trainer if there are good reasons for doing so. A good reason may be, for example, that there is a suspicion that the Trainer is acting in violation of the Agreement or these General Terms and Conditions and / or that the Trainer has previously misused Wised-up.com.

4.5. A password is provided to the Trainer to access the Account. The password is strictly personal and the Trainer may not let third parties use it. The Trainer is liable for any use made of his Account and indemnifies “Wised-up.com” against any claims by third parties for damage or otherwise arising in any way, through the use made through his Account of the Service.

4.6. “Wised-up.com” is entitled to change the password if this is necessary for security reasons or in the interest of the functioning of the Service.

Article 5. Use of the service and provision of information

5.1. The Trainer guarantees that all data, including but not limited to the name, address and email data that he provides in the context of the Service, is complete, correct and up-to-date and that he will only use the Service for himself. In addition, the Trainer guarantees:

(a) that he is authorized to use the Services;

(b) that he will comply with applicable laws and regulations;

(c) that he is registered in the register of the Chamber of Commerce and will maintain this registration during the term of the Agreement and that it is related to the field in which the Trainer is active;

(d) that he will (continue to) comply with the house rules applicable at that time, as communicated on Wised-up.com. The house rules can be adjusted from time to time by “Wised-up.com”.

5.2. The Trainer will only post and send messages via Wised-up.com with the aim of obtaining an agreement with a Customer. The Trainer will not post messages with content and / or for any purpose for which the Service

kennelijk niet is bedoeld en zal zich onthouden van het versturen van ongewenste en/of ongevraagde berichten aan Afnemers.

5.3.     Door het aanbieden van gegevens op het Platform, waaronder mede maar niet beperkt tot Reacties, offertes, aanbiedingen, informatie over diensten en producten geeft de Trainer toestemming deze gegevens op het Platform te publiceren en garandeert tot het geven van die toestemming bevoegd te zijn. De Trainer is ermee bekend dat de positionering van zijn Reactie, offerte, aanbiedingen en andere informatie op het Platform afhankelijk is van een aantal factoren en dat hij geen aanspraak kan maken op een bepaalde positionering.

5.4.     De Trainer is zelf verantwoordelijk en aansprakelijk voor de inhoud van de door hem op het Platform gepubliceerde gegevens. Hij garandeert dat de inhoud van deze gegevens juist, actueel en betrouwbaar is, niet in strijd is met de geldende wet- en regelgeving is en niet onrechtmatig is. Daarnaast garandeert hij dat hij met deze gegevens andere Gebruikers niet onheus bejegend, en dat hij de belangen en de goede naam van “Wised-up.com” niet zal schaden.

5.5.     De onderstaande gegevens mogen in ieder geval niet op het Platform worden geplaatst:

(a)  materiaal dat in strijd is met enige van toepassing zijnde wet- of regelgeving of met deze Algemene Voorwaarden;

(b)  materiaal dat verwijst naar het verrichten van illegale diensten of diensten die op enige wijze schade kunnen veroorzaken aan eigendom van anderen;

(c)  materiaal waarmee inbreuk wordt gemaakt op intellectuele eigendomsrechten, privacyrechten of waarmee andere rechten van “Wised-up.com” of derden worden geschonden;

(d)  materiaal dat naar de mening van “Wised-up.com” in strijd is met de goede zeden of goede smaak, gewelddadig is of oproept tot geweld of haat tegen een ander of anderen;

(e)  materiaal waarin op enige wijze melding wordt gemaakt dan wel wordt verwezen naar een andere, met de Dienst of het Platform concurrerende of vergelijkbare dienst, website of platform;

(f)  een Advertentie die ten doel heeft het (in)direct promoten van een onderneming;

(g)  materiaal dat in strijd is met artikel 5.2 van deze Algemene Voorwaarden.

5.6.     “Wised-up.com” behoudt zich het recht voor de door de Trainer opgegeven informatie te wijzigen en/of in te korten. “Wised-up.com” behoudt zich tevens het recht voor – doch is daartoe niet verplicht – om Reacties, Advertenties, opdrachten, reviews, voorstellen en andere gegevens te weigeren of te verwijderen van het Platform, bijvoorbeeld omdat deze onjuist of onbetrouwbaar zijn, in strijd zijn met de wet of onrechtmatig zijn jegens derden, zonder dat dit op enige wijze kan leiden tot enig recht van de Trainer op schadevergoeding.

5.7. “Wised-up.com” is not a party to Agreements between the Trainer and the Customer. Wised-up.com can therefore not exercise any control over the quality, safety or legality of the assignments and / or services, the correctness of the offers, the power of the Customer to have services performed and / or the authority of the Trainer to perform those services. The Trainer indemnifies “Wised-up.com” against any third-party claim related to such matters.

5.8. The use of the (personal) data obtained by the Trainer through Wised-up.com may only be used for the purpose for which it was provided. It is not allowed to process this data for any other purpose, including – but not limited to – any form of unsolicited communication (spam). It is also not allowed to collect personal data (including e-mail addresses) of Users for any purpose.

5.9. If the Trainer acts in violation of the provisions of Article 5.8. he forfeits, without further warning or notice of default and without judicial intervention being required, an immediately due and payable fine of EUR 1,000 (thousand euros) per event, whereby the use of a (personal) data counts as one event, without prejudice to the right of “Wised-up.com” to take other measures available to it against the Trainer and / or to claim compensation.

Article 6. Intellectual property rights

6.1. All intellectual property rights related to Wised-up.com belong exclusively to “Wised-up.com” and / or its licensors, with the exception of the material provided by Users by posting Comments, Advertisements, assignments, reviews, proposals or otherwise.

6.2. The Trainer is not allowed to make Wised-up.com or any content thereof, in any way whatsoever, available to third parties, reproduce, distribute, send, or in any other way without the written permission of “Wised-up.com”. process any document or other material.

6.3. The Trainer guarantees that the information placed on Wised-up.com, including Reactions, Advertisements, assignments, reviews and proposals, does not infringe (intellectual property) rights of third parties. The Trainer fully indemnifies “Wised-up.com” against all possible claims from third parties in any way arising from and / or related to the information he has placed on Wised-up.com, including any claim based on the allegation that the information in question is infringing. makes any (intellectual property) rights of third parties.

Article 7. Exclusion

“Wised-up.com” reserves the right to dissolve the Agreement and to exclude the Trainer from any (further) use of Wised-up.com and the Service without the need for notice of default, including by blocking his Account and / or without being obliged to refund any fees already collected, if there are reasonable grounds to do so. This is in any case, but not exclusively, the case if:

(a) the Trainer acts in any way against these General Terms and Conditions;

(b) the Trainer infringes (intellectual property) rights of third parties;

(c) “Wised-up.com” has a justified suspicion that the Trainer is guilty of fraud, fraud, forgery and / or other criminal offenses;

(d) the Trainer posts a review of a service provided by the Trainer himself or if the Trainer otherwise falsely impersonates a Buyer on Wised-up.com;

(e) the Trainer acts in violation of Article 5.2. of these General Terms and Conditions;

(f) the Trainer violates applicable laws and regulations;

(g) the Trainer attempts to circumvent payment of the Ad Price in any way;

(h) the Trainer treats employees of “Wised-up.com” or Customers incorrectly by means of defamatory, defamatory, vulgar, obscene or racist.

Article 8. Liability “Wised-up.com”

8.1. Unless there is intent and / or deliberate recklessness, “Wised-up.com” is only liable for direct damage suffered by the Trainer. Direct damage is exclusively understood to mean the costs that the Trainer reasonably had to incur in order to repair or remedy the shortcoming of “Wised-up.com”, so that the performance of “Wised-up.com” does comply with the agreement, as well as reasonable costs to prevent or limitation of such damage and reasonable costs to determine the cause and extent thereof.

8.2. The total liability of “Wised-up.com”, unless there is intent and / or deliberate recklessness, never exceeds the total compensation that Trainer paid to “Wised-up.com” for the Service in the twelve months before the damage-causing event occurred, with a maximum of * (*) euros.

8.3. Any liability of “Wised-up.com” for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded, unless there is intent and / or deliberate recklessness. More specifically, “Wised-up.com” is not liable for damage on the part of the Trainer caused by third parties, who may or may not use Wised-up.com and / or the Services.

8.4. “Wised-up.com” is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming of suppliers and / or other third parties that Wised-up.com uses, hacks and internet malfunctions.

Article 9. Duration and termination Agreements of indefinite duration

9.1. Unless the parties have expressly agreed otherwise, the Agreement between “Wised-up.com” and the Trainer is concluded for an indefinite period.

9.2. The Agreement can be canceled by the Trainer at any time by sending an email to * with the subject “Account Deletion”. If “Wised-up.com” makes a cancellation process available via the Account, cancellation can also take place via that way.

9.3. “Wised-up.com” has the right to terminate the Agreement at any time with one month’s notice. “Wised-up.com” will communicate the cancellation via the Account or by email.

9.4. If the Trainer goes into bankruptcy, applies for a moratorium, ceases operations, or acts contrary to these General Terms and Conditions or other provisions of the Agreement, “Wised-up.com has the right to dissolve the Agreement with immediate effect and without further notice of default, all this subject to all its rights.

9.5. Termination of the Agreement, for whatever reason, does not release the Trainer from the obligation to pay the amounts already owed to “Wised-up.com”.

Article 10. Rates and fees

10.1. The Trainer owes “Wised-up.com” a fee (the “Advertisement Price”) if he places an Advertisement for the benefit of his services. The height of the Advertisement Price will be communicated to the Trainer before placing an Advertisement via Wised-up.com.

10.2. All prices and rates stated by “Wised-up.com” are in euros (€) and are exclusive of turnover tax (VAT) and any other government levies, unless expressly stated otherwise in writing.

10.3. Wised-up.com is at all times entitled to adjust its rates or its rate structure. Unless it has been expressly agreed in writing that prices and rates apply for a specific period, the announced changes to the rates and rate structure will take effect 1 (one) month after their announcement. The changes will be announced via Wised-up.com. If the Trainer does not want to agree to the change referred to in this article and he does not already have the right to cancel the Agreement under these General Terms and Conditions, he has 14 (fourteen) days prior to the date on which the change of becomes effective, the ability to cancel its Agreement with “Wised-up.com”.

Article 11. Payment

11.1. The Advertisement Price will be charged by “Wised-up.com” in the month following the month in which the Trainer placed the Advertisement. “Wised-up.com” provides in the Trainer’s Account an overview of the Advertising Prices due.

11.2. Payment is made by direct debit. To this end, the Trainer must authorize “Wised-up.com” in the manner stated on Wised-up.com after the Agreement has been concluded. If “Wised-up.com” offers other payment methods on Wised-up.com, payment can also be made in that way. The amounts due will be charged immediately. In case of chargebacks, for example in case of an insufficient balance, “Wised-up.com” is entitled to charge additional administration costs.

11.3. If the direct debit is unsuccessful or, if a different method of payment has been agreed, if the Trainer does not pay the agreed fees on time, this will be communicated to the Trainer and a further payment term will be established. If payment is not made within that further period, the Trainer is automatically in default without any notice of default or demand being required. From that moment on, without further notice by “Wised-up.com”, the Trainer will owe statutory commercial interest on the outstanding amount, as well as extrajudicial collection costs, which are calculated on the basis of the Extrajudicial Collection Costs Act and the associated decision. The Account of the relevant Trainer will also be blocked from that moment on and the placing of Advertisements is no longer possible.

Article 12. Reviews

12.1. A Customer has the option to add a review to the Profile page of the Trainer with whom he has had contact about services to be performed. In the review, the information requested there will be provided by the Customer. When placing a review, the Customer will comply with the Terms and Conditions Reviews as published on Wised-up.com.

12.2. The content of a review is determined by the Customer. “Wised-up.com” has no influence on this, cannot be held responsible for the content of reviews and is not liable for any damage resulting from the content of a review.

12.3. “Wised-up.com” is entitled to remove a review at any time. It can do this, but not exclusively, if it appears from a report that the review is incorrect, unreliable or unmistakably unlawful, or otherwise does not meet the Reviews Conditions as published on Wised-up.com.

12.4. A review must in any case meet the following conditions:

(a) a review should not contain defamatory, vulgar, obscene or racist language;

(b) a review must not contain personal information regarding a Trainer;

(c) a review should not contain links and / or scripts; and

(d) a review must have been added by the Customer and must relate to the Trainer from whom the Customer has received a Response and / or with which the Customer has entered into an agreement.

Article 13. Privacy

“Wised-up.com” processes personal data of Users for the execution of the Services and related activities and in accordance with the General Data Protection Regulation. The Privacy Statement of “Wised-up.com”, as published on Wised-up.com, applies to this processing of personal data.

Article 14. Disputes

Belgian law applies to these General Terms and Conditions, all Agreements between “Wised-up.com” and the Trainer, every use of Wised-up.com and all related disputes (on whatever ground).

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