General terms and conditions

the D2 collective

Article 1 - Definitions

In these general terms and conditions, the following terms shall have the following meanings:

the D2 collective: defined in Article 2 of these general terms and conditions;
Consumer: a natural person not acting in the exercise of a profession or business, whereby in this Agreement Consumer refers to Members and non-members, unless specified otherwise;
Agreement: any Agreement between the D2 collective and Consumer for the provision of Services by the D2 collective to Consumer;
Parties: Consumer and the D2 collective together;
In Writing: by e-mail;
Third Party(ies): Other natural or legal persons who are not part of this Agreement;
Services: the Services provided by the D2 collective include, but are not limited to, organizing (online) network events, giving Consumers that are a Member of the D2 collective access to an online tech community;
Members: a Consumer that has been granted lifetime access to the online community of the D2 collective;
Event: (online) events with the purpose of fostering meaningful connections and conversations, for e.g. networking events.

Article 2 - Identity of the D2 collective

Company Name: the D2 collective B.V.

Street name and number: Jekerstraat 23
Postal code and city: 1078 LW Amsterdam

KvK number: 88422038

Article 3 - General provisions

These general terms and conditions apply to all offers and all (legal) acts of the D2 collective and to all Agreements concluded between the D2 collective and Consumer.
If the Agreement is concluded electronically, then, contrary to the previous paragraph, and before the Agreement is concluded, the text of these general terms and conditions will be made available to Consumer electronically in such a way that it can be easily stored by Consumer on a durable data carrier. If this is not reasonably possible, then before the Agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the request of the Consumer, they will be sent electronically or otherwise free of charge.
Unless expressly agreed otherwise in Writing, the applicability of other general conditions is excluded.
Deviations from or additions to these general terms and conditions shall only be valid if expressly agreed in Writing.
If and insofar as no appeal can be made to any provision of these general terms and conditions on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question will in any case be accorded a meaning corresponding as closely as possible to its content and purport, so that an appeal can be made to it.
the D2 collective cannot guarantee that the work it carries out will always achieve the result desired by Consumer. The accepted order leads to an effort commitment and not to a result commitment. the D2 collective cannot guarantee Consumer will derive the anticipated benefits from the Services or membership offered by the D2 collective.
the D2 collective is entitled to engage Third Parties for the execution of the Agreement.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the Services offered. The description is sufficiently detailed to allow a proper assessment of the offer by Consumer. Obvious errors or mistakes concerning are not binding on the D2 collective.

Article 5 - The Agreement

The Agreement is concluded at the moment the Consumer accepts the offer and fulfils the conditions laid down, and creates an account if necessary.
If any provision of these general terms and conditions or an Agreement proves to be invalid or is voided, this shall not affect the validity of the general terms and conditions or the Agreement as a whole. The Parties shall consult together in order to agree on a new provision to replace the void or voided provision, taking into account, as far as possible, the objective and purpose of the void or voided provision.
These general conditions also apply to future, additional and/or follow-up assignments.
Agreed delivery dates are always indicative. The delivery periods are not final deadlines. Exceeding a period therefore does not give the Other Party a right to compensation.

Article 6 - Dissolution

If the Other Party does not fulfil one or more of its obligations, or does not fulfil them on time or adequately, is declared bankrupt, applies for (temporary) suspension of payments and/or deferral of payments, proceeds to liquidate its business, or if its assets are seized in whole or in part, the D2 collective has the right to suspend the execution of the Agreement or to terminate and/or dissolve the Agreement by operation of law and without prior notice of default in whole or in part by means of a Written statement, all this at its discretion and always without prejudice to any of its rights to compensation for costs, damages and interest.

Article 7 - Liability

the D2 collective is not liable for indirect and direct damages, including but not limited to damages for loss of profits or goodwill, use, data or other intangible losses arising out of or in connection with the use or inability to use our online community platform, participation in our Events, or any other Services provided by us. Not excluded is the liability of the D2 collective for damages resulting from intent or gross negligence of the D2 collective. During Events organized by the D2 collective, Consumer must ensure that Consumer keeps personal belongings, including a computer and/or other devices, with them at all times. the D2 collective does not accept liability for any losses, including theft, or loss of, personal belongings. We also do not accept liability for any losses, including theft, that may occur on our premises or at any external values where Events are held. However, if any damages are directly caused by the negligence of the D2 collective, our liability, will be limited to the fees paid for the Event.
the D2 collective is not liable for events occurring on activities arising from, or traceable to, our Services. Neither can the D2 collective be held liable for any actions of Third Parties, including other Members, attendees, or participants at their Events.
the D2 collective is not liable for any content posted by users on the online community platform. Members are solely responsible for their own content, and we do not endorse or control such content.
Participation in the D2 collective Events is voluntary, and attendees participate at their own risk. We shall not be liable for any injuries, accidents, or damages that occur during our Events, whether caused by the negligence of our staff, contractors, or Third Parties.
The existence of any right to compensation is always conditional upon the Consumer reporting the damage in Writing to the D2 collective as soon as possible after the damage arose. Each claim for compensation against the D2 collective expires by the mere lapse of 12 (twelve) months after the claim arose.
the D2 collective is not liable for damage caused by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
the D2 collective is not liable for damage of any kind, because the D2 collective has relied on incorrect and/or incomplete information provided by the Consumer.

Article 8 - Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by the D2 collective to comply with any obligation towards the Consumer cannot be attributed to the D2 collective in the event of a circumstance independent of the will of the D2 collective, as a result of which the compliance with its obligations towards the Consumer is wholly or partially impeded or as a result of which the compliance with its obligations cannot reasonably be required from the D2 collective. These circumstances include non-performance by clients or other Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (danger), (imminent) danger of war, pandemics, epidemics, quarantines, absenteeism, disability, strikes, government measures.
If a situation as referred to in paragraph 1 of this article occurs as a result of which the D2 collective cannot fulfil its obligations towards the Other Party, these obligations will be suspended for as long as the D2 collective cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted 30 (thirty) calendar days, both Parties are entitled to dissolve the Agreement in whole or in part in Writing. In that case, the D2 collective will not be obliged to pay compensation for any damage, even if the D2 collective gains any advantage as a result of the force majeure situation.

Article 9 - Fee/Price

All amounts are in Euros, and including VAT and any other taxes, unless otherwise agreed.
Consumer, who is a Member, must pay the fee applicable to the lifetime membership before granting access to the online platform.
If the Event is not free of charge, the Consumer, who is not a Member, needs to pay all the relevant fees as specified on the registration form. In the absence of specific conditions on the registration form, the fees shall be paid at the latest 14 (fourteen) days after the registration, if Consumer has not paid the fees 14 (fourteen) days after registration, the D2 collective reserves the right to release the ticket.
Consumer, who is a Member, can attend all the events organized by the D2 collective free of charge, unless specified otherwise. If Member has to pay a fee to attend an Event, the same conditions apply as described in the third paragraph of this article.
Discounts and quoted amounts do not automatically apply to future orders.

Article 10 - Payment and invoicing

Insofar as not otherwise provided for in the Agreement or supplementary conditions, the amounts owed by Consumer must be paid within 30 (thirty) days after the invoice date.
Consumer has the duty to report inaccuracies in data provided or specified payment immediately to the D2 collective.
If Consumers not meet its payment obligation(s) in time, this will be pointed out by the D2 collective and the Other Party will be given a period of 7 (seven) days to meet its payment obligations. If payment is not made within this seven-day period, the Other Party will be in default and will owe the statutory (commercial) interest on the outstanding amount. Furthermore, the D2 collective is entitled to charge extrajudicial collection costs.
In the event of (a reasonable prospect of) bankruptcy, liquidation or suspension of payments or a debt restructuring within the framework of the WSNP, the claims of the D2 collective on the Other Party and the obligations of the Other Party towards the D2 collective are immediately due and payable.
Payments made by the Other Party shall first be applied to settle all interest and costs due, and secondly to settle due and payable invoices that have been outstanding the longest, even if the Other Party indicates that the payment relates to a later invoice.

Article 11 - Transfer

Rights of the Consumer under this Agreement cannot be transferred without the prior Written consent of the D2 collective. This provision is a clause with effect under property law as referred to in Article 3:83 (2) of the Dutch Civil Code.
Rights and obligations of the D2 collective under this Agreement may be transferred to Third Parties. This provision counts as a clause with effect under property law as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.

Article 12 - Cancellation and substitution

the D2 collective may at any time, with or without giving notice, in its absolute discretion and without giving any reason, cancel the Consumers registration and/or cancel or postpone the Event, whether physical or virtual, change its venue or any of the other published particulars, or withdraw any invitation to attend. In case of cancellation of your registration by the D2 collective and/or cancellation of the Event by D2 collective, the paid Event fees (if any) will be reimbursed to you in due within 14 (fourteen) days. the D2 collective will carry out such reimbursement using the same means of payment as you used for the initial transaction. In case of postponement of the Event, the paid Event fees (if any) will not be refunded. Should the Event be postponed or cancelled, we are not responsible nor liable for any costs and/or expenses you may incur due to the postponement and/or cancellation of the Event.
If the Event is free of charge, the D2 collective kindly asks you to inform us as soon as possible. In case a Consumer repeatedly (at least 2 (two) times) cancels Events within 7 (seven) days prior to the Event, the D2 collective can deny Consumers access to future Events. In case the Consumer is also a Member, the D2 collective can cancel the access to future Events if Member cancels more than 3 (three) times in a row within 7 (seven) days prior to the Event.
It may be necessary to change the Event content and timing of the program, the speakers, the date or the venue at any time prior to the Event. In that case, the D2 collective will notify the Consumer about the consequences, whereas Consumer will get a ticket for the next/replacement Event or Consumer will get the opportunity to cancel their registration, and the D2 collective will reimburse the fees. the D2 collective is not responsible nor liable for any costs and/or expenses that may incur due to the cancellation of the registration.

Article 13 - Complaints

Complaints about any of the Services offered and/or Events organized by the D2 collective must be made known within 2 (two) months after the performance of the Service, and in the case of an Event 14 (fourteen) days after the Event took place. Complaints must be made in Writing or electronically and with reasons to the D2 collective by e-mail to hello@thed2collective.com with 'complaint' in the subject line. After the periods mentioned in this article, no complaints can be made anymore.
The Consumer must give the D2 collective at least 4 (four) weeks to resolve the complaint by mutual agreement.
If a complaint is not reported to the D2 collective within the periods mentioned in the previous paragraphs, the Service is deemed to be in accordance with the Agreement.
the D2 collective reserves the right to monitor the behavior of Members within the
online community to ensure a respectful and safe environment. the D2 collective
may exclude any Member whose behavior is deemed inappropriate. the D2 collective
advocates for a community-driven environment that fosters genuine interaction and
contribution. To maintain the integrity and focus of our community, the D2 collective
does not permit self-promotion. This includes, but is not limited to, the promotion of
personal businesses, websites, social media accounts, or any form of advertising for
personal gain. Members who engage in self-promotion will be subject to appropriate
measures, which may include a formal warning and removal of the promotional
content.
Members may report inappropriate behavior by sending a complaint via email to hello@thed2collective.com. the D2 collective will review all complaints and take appropriate action as necessary.

Article 14 - Intellectual property rights

All intellectual property rights relating to and/or resulting from the Services provided by the D2 collective are vested in the D2 collective. The Consumer only obtains the non-exclusive and non-transferable user rights that are explicitly granted by these conditions and the law. Any other or further rights of the Consumer are excluded.

The documents provided by the D2 collective to Consumer are exclusively intended to be used by the Consumer. The Consumer is not allowed to publish and/or reproduce the obtained information in whatever form. This includes editing, selling, making available, distributing and integrating - whether or not after editing - in networks, except that such disclosure and/or reproduction is permitted in Writing by the D2 collective and/or such disclosure and/or reproduction arises from the nature of the agreement with the D2 collective.

the D2 collective reserves the right to use the knowledge acquired in the execution of the work for other purposes, provided that no confidential information of the Consumer is provided to Third Parties.

Unless otherwise agreed, the Consumer is not authorized to grant sub-licenses to Third Parties.

If the Consumer Party acts in violation of this article, the Consumer will owe an immediately payable penalty of EUR 500,- (five hundred), without prejudice to the D2 collective’s right to compensation.

Article 15 – Photographs and filming during Events

the D2 collective reserves the right to capture photos and videos during Events. Unless explicitly informed otherwise by the Consumer, Consumers consent to being photographed or filmed. the D2 collective may utilize these materials for promotional, marketing, or other purposes related to the company. Consumers who do not wish to be photographed or filmed must inform the D2 collective in advance or during the Event.
Consumers have the right to request the deletion of specific photos or videos in which they are depicted. Requests must be made in Writing to the D2 collective within 7 (seven) days after the publication of the photos and/or videos of the Event. the D2 collective will make reasonable efforts to accommodate such requests. However, it is important to note that deletion cannot be guaranteed if the materials have already been distributed or published by the D2 collective or Third Parties.
the D2 collective shall not be held liable for any use of such materials if the Consumer has not explicitly informed the D2 collective as set out in the first paragraph. Furthermore, the D2 collective shall not be held liable for any use or dissemination of materials by third parties, including but not limited to social media platforms, once such materials have been shared by the D2 collective.

Article 16 - Confidentiality

The Consumer is obliged to keep all confidential information, which the Consumer has obtained from the D2 collective within the framework of the Agreement, confidential. Information is confidential if this is communicated by the D2 collective or if this reasonably follows from the nature of the information.
If the Consumer breaches paragraph 1 of this provision, the Consumer will, irrespective of whether the breach is attributable to the Consumer and without prior notice of default or legal proceedings, owe the D2 collective an immediately payable penalty of EUR 500,- (five hundred) for each breach without the need for any form of damage, without prejudice to the D2 collective's other rights, including its right to claim damages in addition to the penalty.

Article 17 - Set-off and suspension

The Consumer’s right of suspension and right of set-off are excluded.

Article 18 - Applicable law

Agreements between the D2 collective and the Consumer to which these general terms and conditions apply will be governed exclusively by Dutch law.
Disputes between Parties will be resolved as much as possible through proper consultation. All disputes between the Consumer and the D2 collective will be settled exclusively by the competent court in the district where the D2 collective has its registered office.

Article 19 - Survival

The provisions of the general conditions and the Agreement which are intended to remain in force after termination of the Agreement shall remain in full force after the termination of the Agreement.

Article 20 - Amendment or supplementation

the D2 collective is entitled to unilaterally amend or supplement these general terms and conditions. In that case, the D2 collective will inform the Consumer in time of the changes or additions.
There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented conditions.