Effective: January 1, 2020.
Thank you for using Dynamique at Work!
(including automatic renewal of your membership, including the policies referenced in these Terms.
Using Dynamique at Work
Who May Use our Services
You may use our Services only if you can form a binding contract with Dynamique at Work, and only in compliance with these Terms and all applicable laws. When you create your Dynamique at Work account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain Dynamique at Work’s written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Dynamique at Work, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Changes to Content Offerings
Dynamique at Work offers courses and content (“Content Offerings”) from partners and other providers (“Content Providers”). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Dynamique at Work reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below. We will notify you in advance of any changes, either via email or via our Site. By enrolling and continuing to use or purchase products from this Site and/or continuing your membership, you accept and agree to the Terms and any changes so long as they are promptly posted on the Site or emailed to the email account we have on record for you. If you do not wish to be bound to these Terms (or any revisions to these Terms), please do not use this Site or the Company’s services and cancel your membership if you have one by contacting us at firstname.lastname@example.org.
No Academic Credit
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a Course Certificate or other equivalent documentation of your completion of the Content Offerings. Dynamique at Work, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Disclaimer of Student-Partner Relationship
Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by university or company partners (“Partners”) : (a) establishes any relationship between you and any Partner; (b) enrolls or registers you in any Partner institution, or in any Content Offering offered by any Partner institution; or (c) entitles you to use the resources of any Partner institution beyond participation in the Content Offering.
The Services enable you to share your content, such as homework, quizzes, profiles, projects, other assignments you submit, posts you make in the forums, and the like (“User Content”), with Dynamique at Work, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Dynamique at Work platform by or on behalf of Dynamique at Work’s Content Providers or their instructors using the Services, the Content Offerings; as between Dynamique at Work and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Dynamique at Work and its Content Providers.
How Dynamique at Work and Others May Use User Content
To the extent that you provide User Content, you grant Dynamique at Work a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Dynamique at Work the right to authorize Partners to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Dynamique at Work may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Dynamique at Work does not waive any rights to use similar or related Feedback previously known to Dynamique at Work, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Dynamique at Work cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by contacting us.
Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Dynamique at Work cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Dynamique at Work disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.
Copyright and Trademark Policy
Dynamique at Work respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Dynamique at Work Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
Dynamique at Work is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
Paid Services from Dynamique at Work
Dynamique at Work offers paid Services (e.g. Executive Coaching, Group coaching services) for a fee. Unless otherwise stated, all fees are quoted in Euros. You are responsible for paying all fees charged by or for Dynamique at Work and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Dynamique at Work reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy. Dynamique at Work’s partners serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our partner in connection with these programs such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our partner, our partner’s policies shall govern.
Joining Dynamique at Work
To become a Dynamique at Work member, simply click any of the “get started” or “join” buttons located throughout the Site. You will be prompted to submit your name and email address, provide your corresponding billing information, and complete your purchase.
The initial term of your membership shall be twelve (12) months from the date you join (or rejoin) Dynamique at Work. On each subsequent date that your membership is renewed, the term of your membership shall be extended to twelve (12) months from the date of your most recent renewal and credit purchase. You may cancel your membership at any time by using the Contact Us form on this Site or emailing email@example.com. You must keep a valid credit/debit card on file in order to remain a member and receive Dynamique at Work benefits. If you do not keep a valid credit/debit card on file, your membership will be terminated sixty (60) days following the date that your card first became inactive.
We reserve the right to terminate your membership in our sole discretion if we determine that you have violated these Terms, including through fraudulent or misleading activity. You may also be liable for civil and/or criminal penalties under applicable law.
Automatic renewal feature
Unless you notify us before your renewal date that you wish to cancel your membership by sending an email to firstname.lastname@example.org, you understand that your membership will automatically renew on your assigned renewal date. As a member, you authorize us (without notice to you, unless required by applicable law) to charge the price of one box plus applicable taxes, using the debit/credit card we have on file for you. From time to time, we may change the price associated with the seasonal box during the term of your membership; in such a case, you will be notified ahead of time and your membership will renew at the then-prevailing price.
If you are not completely satisfied with your membership, you may cancel it within 14 days of payment by sending an email to email@example.com. See Refund policy for more information.
Because Dynamique at Work is a subscription or e-learning service, we don’t allow returns or substitutions on any training. If you experience a problem, please contact firstname.lastname@example.org, and we will we will either send you a replacement item or attempt to resolve the issue.
Dynamique at Work is required to collect sales tax when applicable.
After subscribing to Dynamique at Work, you will be billed immediately for your first year. After that, you will be billed annually. If you chose the free subscription, you will be billed on each course you choose to purchase. The credit/debit card you provide will be used for all future purchases and charges, including membership renewals. You must keep a valid credit/debit card on file during the term of your membership and you must keep us up-to-date with accurate member information, including your name, address, credit/debit card number and expiration date. You agree that we may update your information with information your bank or credit card issuer may supply.
Once you become a member, if you wish to change your credit/debit card, email us at email@example.com. We will continue to apply your payments under this payment method unless you notify us through Member Services to change your billing preference. We accept payment by credit/debit card (i.e., American Express, VISA, Discover, and MasterCard).
If we cannot process a charge to your card (for example, the card has expired or we cannot obtain authorization from your card issuer), then for your convenience, we will attempt to charge any other credit/debit card that you have placed on file with us, in order to prevent disruption of your membership. We are not responsible for any fees or charges that your bank or credit/debit card issuer may apply.
If your credit card issuer reverses a charge to your credit card, we may cancel your membership and suspend fulfillment of your orders until payment is provided. Alternatively, we may also seek payment by another method through a mailed statement. We may report information about your account to credit bureaus.
Dynamique at Work online events are within the Central European Timezone. All online learning is available on demand.
The Dynamique at Work is a trademark of Dynamique at Work.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Dynamique at Work may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of Dynamique at Work, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the “Dynamique at Work Parties”) shall have any liability to you for any such action. You can stop using our Services at any time, although we’ll be sorry to see you go.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE DYNAMIQUE AT WORK PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE DYNAMIQUE AT WORK PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DYNAMIQUE AT WORK PARTIES 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, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE DYNAMIQUE AT WORK PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL DYNAMIQUE AT WORK’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY DYNAMIQUE AT WORK FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless the Dynamique at Work Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by Dynamique at Work, which is located in The Hague, The Netherlands. You agree that any dispute related to these Terms will be governed by the laws of The Netherlands, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving The Hague, The Netherlands as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand Euros (€10,000.00 USD), either you or Dynamique at Work may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Dynamique at Work. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Dynamique at Work’s Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
Acceptable Use Policy
Effective: January 1, 2020
Dynamique at Work’s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use Dynamique at Work, and we do not allow content that is inappropriate for these younger users.
- Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
- Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
- Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
You also aren’t allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user’s account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Use our Services or any functionality of the Dynamique at Work platform for anything other than for completing online courses or for pedagogical purposes.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Copyright and Trademark Policy
Effective as of January 1, 2020.
Dynamique at Work respects the intellectual property rights of our Content Providers, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the Services infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Dynamique at Work to locate the material on the Services;
- the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent via email: firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
Dynamique at Work also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Dynamique at Work in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
For Month-to-Month Subscriptions
Dynamique at Work does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your 7-day free trial ends. If you complete a course during the free trial period, Dynamique at Work reserves the right to require you to pay for a one-month subscription in order to receive a Course and/or Specialization Certificate.
Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by Dynamique at Work. For subscriptions to individual Specializations, Dynamique at Work will automatically discontinue your subscription at the end of the monthly period during which you earn a Specialization Certificate for the Specialization, unless you have subscribed through a third party marketplace that restricts Dynamique at Work’s ability to do so — e.g., in-app purchases through the Apple App Store. Please visit the third party marketplace for information regarding their policies. You must cancel your subscription before your monthly renewal date to avoid the next billing.
If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
For One-time Course Purchases
If you cancel your paid enrollment for a standalone course, Dynamique at Work will offer you a complete refund until 14 days after payment, or until you have earned your Course Certificate, whichever is earlier. For avoidance doubt, once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 14 days. If you do not earn your Course Certificate within 180 days, your registration will expire and you will need to pay to re-enroll for the course. However, if you’re taking a course through your company or organization then you can earn your certificate as long as your company’s contract with Dynamique at Work is active and your access has not expired in accordance with the terms of that contract. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organization and Dynamique at Work.
For Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Dynamique at Work has no obligation to provide refunds or vouchers for any other Services.
Third Party Marketplaces
Notwithstanding the foregoing, if you purchase or subscribe for a course, Specialization, guided project, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by Dynamique at Work. Except as otherwise explicitly stated by Dynamique at Work, the third party marketplace will be solely responsible for making refunds under its refund policy, and Dynamique at Work will have no refund obligations. Dynamique at Work disclaims any responsibility or liability related to any third party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.