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GENERAL TERMS AND CONDITIONS

DEFINITIONS

Contractor is Neurocalm Yoga. Client is the (legal) person who utilizes the services offered by Neurocalm Yoga. Services: All activities for which an assignment has been given and/or that result from it and are directly related to the assignment in the broadest sense of the word. Offer: Any proposal for services to individuals and companies. Agreement: Any agreement that results from an offer between the client and the contractor regarding the services to be provided by the contractor for the client.

 

APPLICABILITY OF THESE TERMS

These general terms and conditions apply to all offers and agreements in which the contractor offers or provides services in the context of their profession. Deviations from these general terms and conditions are only valid when they have been agreed upon in writing between the client and the contractor. The general terms and conditions also apply to additional assignments and follow-up assignments from the client.

 

OFFER AND AGREEMENT

An offer is valid for a maximum of 14 days unless explicitly stated otherwise. Acceptance of the offer after the mentioned period does not bind the contractor to any terms. Every agreement between the client and the contractor is established by mutual consent. The contractor confirms agreements to the client via email, SMS, or WhatsApp. If desired, the contractor prepares a written copy that the client returns signed before the start of the assignment or confirms by email. In the case of 'open registrations,' approval occurs by signing the designated registration or application form. Verbal agreements are valid when they have been confirmed by email or WhatsApp.

 

EXECUTION OF THE AGREEMENT

The contractor carries out the agreement to the best of their insight and ability. The contractor has an obligation of effort concerning the execution of the agreement and thus cannot be held accountable from a result obligation. If and insofar as a proper execution of the agreement requires, the contractor has the right to have certain work performed by third parties. The client ensures that all data, which the contractor indicates are necessary or which the client should reasonably understand to be necessary for the execution of the agreement, are provided to the contractor in a timely manner. If the data necessary for the execution of the agreement have not been provided to the contractor in time, the contractor has the right to suspend the execution of the agreement and/or charge the client for the extra costs resulting from the delay according to usual rates.

 

CONFIDENTIALITY

Both parties are obliged to maintain confidentiality of everything that has been discussed during or in the context of the coaching sessions and training. In the event of termination of an agreement, for whatever reason, the intended confidentiality obligations remain in force. Deviation from the confidentiality obligation is allowed if clear agreements have been made about this, with mutual consent. In the case of imminent danger for both the client and the contractor or society, the contractor has the right to breach confidentiality and inform competent and designated authorities. If the law or a competent authority requests disclosure of data that falls under confidentiality and confidential information, and the contractor cannot invoke a right of non-disclosure, then the contractor is obliged to comply with this request without being held liable for compensation or indemnification.

By confirming the agreement and these general terms and conditions, the client gives permission to use NAW data and telephone number for recording in the contractor's client database for administrative purposes and the email address for communication expressions.

 

INTELLECTUAL PROPERTY

All documents provided by the contractor, such as workbooks, assignments, e-books, informative PDFs, recordings, etc., are intended to be used by the client and may not be reproduced, made public, or brought to the attention of third parties without the prior written consent of the contractor. If permission has been given by the contractor, the respective documents may only be shared with clear source attribution. It is under no circumstances allowed to sell material from the contractor to third parties. It is not allowed to sell the knowledge gained during the training or to include it in one's own training unless written permission has been given for this.

In accordance with applicable laws and regulations, the client is always obliged and must immediately inform the contractor if he/she offers similar training that shows a resemblance to the training offered by the contractor. This notification obligation aims to promote transparency, prevent potential disputes regarding intellectual property, and maintain the integrity of the contractor. This notification obligation is legally founded on the protection of intellectual property and the non-compete clause agreed upon between the contractor and the client. Failure to comply with this notification obligation can lead to serious legal consequences, including but not limited to financial liability for any damage suffered by the contractor. Non-compliance with the notification obligation can have far-reaching consequences, including the refusal of access to future training, sessions, and courses offered by the contractor. This measure is taken to protect the uniqueness of the curriculum and educational materials of the contractors and as a deterrent against infringement of the non-compete clause. The contractor cherishes its educational materials and methodologies as valuable intellectual property. The notification obligation is a legal tool designed to protect this intellectual property from unauthorized use and potential abuse by third parties. By including this obligation in the general terms and conditions, the client is clearly informed about his/her legal responsibility.

The notification obligation also aims to prevent unfair competition by ensuring that similar training is offered fairly and transparently. This way, a healthy competitive environment is promoted, respecting the interests of both the contractor and the client. Failure to comply with the notification obligation can lead to the initiation of legal steps by the contractor, including but not limited to claiming damages, obtaining a court order to stop infringement, and applying for compensation for any reputational damage suffered. The notification obligation is an essential part of the general terms and conditions, designed to protect the interests of the contractor, ensure the integrity of the educational offering, and maintain a fair competition environment. Compliance with this obligation is crucial for a positive and mutually respectful business relationship between the contractor and the client.

 

DURATION AND TERMINATION OF THE AGREEMENT

The duration of the coaching trajectory as stipulated in the agreement between the client and the contractor can be terminated or extended at any time by mutual consent of both parties. The agreement automatically ends immediately: at the end of a possibly agreed duration of the assignment; by dissolution of the contractor; by mutual consent; by bankruptcy or suspension of payment of the client. Termination of the agreement is separate from the financial obligation that needs to be fulfilled. The agreement signed by the client remains in effect, provided that the services to be provided by the contractor must be taken up within a year after the agreement. If this term is exceeded, no refund will be made for services not taken.

 

PAYMENT CONDITIONS

Payment must be made within 14 days of the invoice date, in the manner indicated by the contractor in the currency in which the invoice was issued, unless otherwise indicated. After the expiration of 14 days after the invoice date, the client is in default. In the event of liquidation, bankruptcy, or suspension of payment of the client, the claims of the contractor and the obligations of the client towards the contractor are immediately due and payable. In case of late payment or failure to pay, the client is in default, and the contractor reserves the right to suspend the execution of the agreement with immediate effect. From that moment, the client owes statutory interest on the outstanding amount. If the contractor hands over the claim for collection, the client is also obliged to pay the judicial and extrajudicial costs associated with this collection.

In case of objections to the invoice, the client must notify the contractor in writing within two weeks after receiving the invoice.

 

CANCELLATION CONDITIONS TRAINING

Registration for the Neurocalm Yoga - Neurogenic Tremor (NCY-NT) practitioner training is binding and non-refundable after purchase. In case of illness of a teacher, a replacement trainer will be sought. If this is not possible, the training will be postponed. If the training is canceled by the trainer, the entire amount will be refunded.

 

LIABILITY

The contractor's liability for damage is limited to the additional costs that the client must incur because someone else has to complete the unfinished assignment. The contractor is never liable for delays in the execution of the agreed services. Any liability for business damage is expressly excluded. The contractor is not liable for direct or indirect damage suffered by the client as a result of actions or decisions taken based on or during a coaching trajectory, training, or advisory assignment. The client remains responsible at all times for all choices made. The participant is obliged to (have) investigate whether the participant possesses and retains the physical and/or mental suitability to follow the course. Neurocalm Yoga is not responsible for the direct or indirect consequences of lacking such suitability.

The participant indemnifies Neurocalm Yoga against any liability to third parties, including but not limited to fellow students. The client remains responsible at all times for all choices made. Neurocalm Yoga has the right to refuse access to the location and/or the session/course to persons without stating reasons.

 

COMPLAINTS PROCEDURE

If you are not satisfied with our services or have a complaint, we will do everything we can to start a conversation as soon as possible and see how we can resolve the complaint together. What can you do? In case of a complaint, you can send an email to info@neurocalmyoga.com. As soon as we receive your complaint, you will receive a response within two weeks. We aim to resolve the complaint within 4 weeks. If more time is needed, you will be informed of this, stating when a verdict is expected and the reason for the delay. Your complaint will always be treated confidentially. The contractor will, of course, do everything possible to solve the problem together with the client. If the complainant does not agree, an appeal can be lodged with an external party, such as:- The ODR platform of the European Commission, available at http://ec.europa.eu/odr. The external party will also generate a binding verdict after approximately 4 weeks. Any consequences will be dealt with after four weeks. All complaints received by us will be registered and kept for two years. In disputes, Dutch law applies to all agreements and legal actions between the client and the contractor.

 

PRIVACY STATEMENT

Neurocalm Yoga respects and safeguards the privacy of all visitors to this website https://www.neurocalmyoga.com, (potential) relations, and (potential) customers. Your personal data are treated with care. These are used solely to serve you as well as possible. The data are not sold, traded, or shared with third parties. Neurocalm Yoga complies with the requirements set by the General Data Protection Regulation (GDPR) in the Netherlands. This privacy statement applies when you visit this website, request information, and when you use our services. Your data are confidential and can only be viewed and processed by (employees of) Neurocalm Yoga. Administrative data (such as mentioned on invoices) can be shared with an external administration office. This privacy statement applies to all data processing. If you register via the registration form on the website, sign up via email or webshop, you automatically give permission for the use of personal data necessary for participating in a session or training/workshop. In all cases, we adhere to the applicable laws and regulations, including the General Data Protection Regulation.

LEVEL The workshops and training offered by Neurocalm Yoga are not only aimed at the intellectual abilities of the participant but also at the intuitive and holistic aspect. For this reason, no prior education or admission requirements are set. Participants must be open to others and their worldviews. In addition, they must be willing to look at a person holistically. The level of the workshops and training is MBO/HBO+ and accredited.

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