Disclaimer/General Terms and Conditions
Disclaimer
All information and (nutritional) advice on this website or the communication resulting from it, are not intended as a substitute for medical advice from trained (medical) professionals and/or care providers such as (family) doctors, medical specialists, emergency services, physiotherapists and psychotherapists.
The information on this website and the possibilities for use cannot be seen as a substitute for medical or other professional help, care, support or information provision and is not intended as an aid in making a (self-)diagnosis.
The information on this website is intended as general information and is not specifically aimed at one individual person or one specific medical situation. This means that one cannot attach any diagnostic or therapeutic value to the information on this website for one's own medical situation or that of others. In cases of illness, medical complaints, treatments or research, the information on this website is only intended as support.
The information on this website can serve as support in such situations for:
a. the contact between the visitor of this website (or his/her family member or other loved ones) and his/her therapist, treating physician or other care provider and
b. the advice he/she receives from the latter.
Visitors to this website are advised to submit medical questions, complaints or symptoms to the treating physician in a timely manner.
Visitors to this website are advised to submit medical questions, complaints or symptoms to their treating physician or other healthcare professional in a timely manner in order to receive professional examination, diagnosis and possible medical care.
Visitors to this website are advised never to delay seeking professional care in a timely manner or never to disregard medical advice already obtained based on the information on this website.
In the event of acute medical complaints or psychological problems and in the event of worsening complaints or symptoms, visitors are advised to contact their own treating physician immediately.
The self-care advice given on this website should be seen as general guidelines that apply to non-serious, common and everyday medical complaints. Because complications can also occur with these less serious complaints, it is important that participants seek medical professional help in case of doubt and in the event of persistent or increasing complaints.
Liability
The use or (causing) application of information on this website and/or (nutritional) advice or the communication resulting from this is entirely the responsibility and risk of the client/visitor.
General Terms and Conditions Energetic Treatment & Coaching
Article 1: Definitions
In these general terms and conditions, the following terms shall have the following meanings:
Contractor: The legal entity on behalf of which the services in the field of coaching, energetic treatment or related work and activities are offered under application of these general terms and conditions.
Client: The natural or legal person who has commissioned the Contractor to perform services in the field of coaching, energetic treatment or related work and activities.
Client/Participant: The natural person who participates in a guidance process in the field of coaching, energetic treatment or related work and activities.
Services: All coaching, energetic treatment, related work and activities for which an order has been placed, or which arise from, or are directly related to the order.
Agreement: Any agreement between the Client and the Contractor for the provision of services by the Contractor for the benefit of the Client.
Article 2: Applicability of these terms and conditions
1. These general terms and conditions apply to all quotations, offers, order confirmations and agreements in which services are offered or delivered by the Contractor.
2. These general terms and conditions also apply to any Agreement in which third parties are involved in the execution by the Contractor.
3. Deviations from these general terms and conditions are only valid if and to the extent that they have been agreed in writing between the Client and the Contractor.
4. Any purchasing or other general terms and conditions of the Client are not applicable unless the Contractor has expressly accepted them in writing.
5. If one or more provisions of these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable. The Client and the Contractor will then consult with each other to agree on a new provision to replace the null and void or annulled provision, as much as possible in accordance with the purpose and scope of the original provision.
Article 3: Quotations, offers and conclusion of the Agreement
1. All quotations and offers made by the Contractor are without obligation and are valid for 14 days, unless otherwise stated. The Contractor is only bound by a quotation if the acceptance thereof by the Client has been confirmed to the Contractor without reservation or amendment within the stated period of validity.
2. The Agreement is concluded by acceptance of the quotation or offer by the Client as referred to in the last sentence of paragraph 1. The Client and the Contractor have also concluded an Agreement if the Contractor confirms in writing an agreement made between the Client and the Contractor and the Client does not dispute the correctness thereof in writing within ten working days or - if that period is shorter - before commencement of the work.
3. An agreement with a natural person as client can also be concluded if, at the request of that natural person, a conversation has been held with or on behalf of the Contractor, on the basis of which the parties agree on an energetic treatment or coaching and which is followed by the Contractor sending an invoice.
Article 4: Execution of the Agreement
1. Each Agreement results in an obligation of best efforts for the Contractor, whereby the Contractor is obliged to fulfil its obligations to the best of its ability, with due care and the necessary professionalism.
2. In all cases in which the Contractor deems it useful or necessary, he has the right – in consultation with the Client – to have certain work carried out by third parties or to be assisted by third parties.
3. The Client shall ensure that all data that the Contractor indicates are necessary for the performance of the agreement are provided to the Contractor properly, completely and in a timely manner. If the data required for the performance of the agreement are not provided to the Contractor in a timely manner, the Contractor has the right to suspend the performance of the agreement and/or to charge the Client for the additional costs resulting from the delay at the usual rates.
4. If a term has been agreed for the completion of certain work by the Contractor, this is not a fatal term, unless expressly agreed otherwise. Exceeding the agreed term therefore does not constitute an attributable shortcoming on the part of the Contractor. For that reason, the Client cannot terminate the agreement and is not entitled to compensation. If the agreed term is exceeded, the Client may set a new, reasonable term within which the Contractor must perform the Agreement. Exceeding this new term may constitute grounds for the Client to terminate the agreement.
5. Wanneer Opdrachtnemer de opdracht krijgt om in samenwerking met een derde een opdracht of een gedeelte daarvan te vervullen, zal Opdrachtgever in overleg met alle betrokkenen vaststellen wat ieders taak is. Opdrachtnemer aanvaardt geen hoofdelijke aansprakelijkheid, noch aansprakelijkheid voor de uitvoering van de taak en de daarbij behorende werkzaamheden van de derde.
Article 5: Cancellation by Client
1. The Client for an energetic treatment and coaching has the right to cancel participation in, or the order for the coaching, energetic treatment by letter or email.
2. In case of cancellation before the start of the coaching, energetic treatment, the client is entitled to a refund of 100% of the agreed amount.
3. A treatment can be rescheduled up to 24 hours in advance by the Client or by the Client/Participant by means of a telephone call, text message or email, whereby the confirmation of receipt by the is leading. If the Client or Client/Participant notifies the Contractor of their inability to attend within 24 hours before the stated time, or does not do so, the Contractor is entitled to charge the fee for the appointment in question to the client.
4. In the event that the Client or the participant designated by the Client terminates participation prematurely after the start of the therapy or otherwise does not participate in the therapy, the client is not entitled to any refund.
Article 6: Cancellation by Contractor
1. The Contractor has the right at any time during the therapy process to cancel the therapy or training without giving reasons, in which cases the Client is entitled to reimbursement of the costs of the remaining duration of the training or the remaining consultations.
2. The Contractor has the right to suspend the agreed coaching or energetic treatment if he is temporarily prevented from fulfilling his obligations due to circumstances beyond his control or of which he was not or could not have been aware when concluding the agreement or due to illness. If fulfillment becomes permanently impossible, the agreement can be terminated for that part that has not yet been fulfilled. In that case, neither party is entitled to compensation for the damage suffered as a result of the termination.
3. The Contractor is entitled to terminate the agreement with immediate effect and without judicial intervention by means of a written notice to the Client, if the Client fails to pay an invoice sent by the Contractor within 14 days after a written notice.
4. The Contractor is entitled to terminate the Agreement with immediate effect and without judicial intervention by means of a written notice to the Client, if any obligation arising from the agreement is not or not properly fulfilled within 14 days after a written notice.
5. Both the Client and the Contractor may terminate the agreement in writing with immediate effect if the other party is granted a moratorium or is declared bankrupt.
Article 7: Confidentiality and Privacy
1. Conversations between the Contractor and the Client/Participant are considered strictly confidential. Information is considered confidential if this has been communicated by the Client or if this follows from the nature of the information. The Contractor ensures that this obligation is also imposed on any third parties engaged by him for an assignment. The Contractor will therefore not make any statement to anyone, not even the Client, about the content and progress of these conversations, unless the Client/Participant has given permission for this.
2. The Contractor will keep confidential and handle with care all data and knowledge of the Client that has been provided in the context of the agreement(s) with the Client, both during and after the end of the Agreement(s) with the Client, except for any obligation imposed on him by law or a competent government body to disclose certain data.
Article 8: Intellectual property
1. The Contractor is the holder of the intellectual property rights with regard to the services and products provided by it – in the context of the Agreement – to the Client and/or Client/Participant or used in the context of the Agreement, including but not limited to tests, readers, reports, models, practice material and computer programs.
2. The Client and/or Client/Participant may not use these services and/or products, to which the Contractor is the rightful owner with regard to the intellectual property rights, other than for the purpose of this assignment without the express written permission of the Contractor.
3. The Contractor is entitled to use the knowledge obtained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties and provided that it cannot be traced back to individual clients or Client/Participants.
Article 9: Fee and costs
1. The fee of the Contractor consists, unless expressly agreed otherwise, of a predetermined fixed amount per agreement or per service provided and/or can be calculated on the basis of rates per unit of time worked by the Contractor.
2. All fees are exclusive of government levies such as sales tax (VAT), as well as exclusive of travel and other expenses incurred on behalf of the Client, including but not limited to declarations from third parties engaged.
3. The supplier shall have the Client ask for a reasonable advance payment to be paid in connection with the fees paid by the Client owes or will owe, and/or for expenses incurred on behalf of the Client, will need to be made. The contractor shall, when giving him a reasonable advance payment is requested, the right to terminate the execution of the work is to be suspended until such time as the Principal of the deposit of the Contractor shall be paid for it.
4. The contractor shall reserve the right, in each year of the agreed fees to apply for a modification of the general consumer price index, and because of the government-imposed measures.
5. If the Client is not subject to VAT, the Supplier shall however have the right to a TAX charge.
Article 10: Payment
1. Payment must be made within 28 days of the date of the invoice but not later than 5 working days prior to the first day of the team, therapy, training for a Client, a Contractor to give way. Payment shall be made without deduction, set-off or suspended for any reason whatsoever.
2. After the expiration of the period for payment, the Customer will be in default. The Client's right from the time of default to the Contractor, on which the amount is obliged to pay interest at the legal rate of interest, increasing the service charge of 10% of the total balance of payments.
3. Payments made by the Client shall always be used first to settle all interest and costs due, and secondly to settle the oldest outstanding invoices, even if the Client states that the payment relates to a later/different invoice.
Article 11: Collection costs
If the Contractor takes collection measures against the Client who is in default, the costs associated with that collection shall be borne by the Client, which costs shall be set at at least 10% of the outstanding invoices. These costs include the costs of any collection agencies, bailiffs and/or lawyers that may be engaged.
Article 12: Liability
1. The Contractor shall only be liable to the Client and/or Client/Participant for damage resulting from a serious attributable shortcoming in the performance of the Agreement. This shall be the case if the Contractor fails to exercise the required care and expertise in the performance of the Agreement.
2. The liability of the Contractor is primarily limited to the amount that the liability insurer pays out in the relevant case. If for whatever reason no insurance payment is made, the liability of the Contractor towards the Client is limited to the fee for the assignment to which the liability relates.
3. The advice of the Contractor is by its nature result-oriented without guaranteeing that result. The Contractor excludes all liability for damage or injury or illness resulting from or related to the Client/Participant following the advice provided by the Contractor, unless there is intent or gross negligence on the part of the Contractor.
4. The Contractor is not obliged to compensate for indirect damage suffered by the Client or Client/Participant, including but not limited to consequential damage, loss of profit and damage resulting from business stagnation.
5. The Contractor is not responsible or liable for the consequences of incorrect information resulting from an unknown and/or concealed health aspect of the Client/Participant.
6. The Contractor will exercise due care when engaging third parties not employed by its organization (such as advisors, experts or service providers). Contractor is not liable for serious shortcomings towards Client or Client/Participant or for any errors or shortcomings of these third parties. In such a case, Client is obliged to hold the third parties involved liable and to recover any damages suffered from these third parties.
7. The Contractor shall not be liable for any damage suffered by the Client or Client/Participant, of whatever nature, if the Contractor has based its performance of its assignment on incorrect and/or incomplete information provided by the Client, unless this incorrectness or incompleteness was or should have been clearly apparent to the Contractor.
8. The Contractor or therapists engaged by him or third parties charged with guiding the Client/Participants shall not provide or use any means, methods, techniques or instructions or allow situations to arise that limit or adversely affect the Client/Participant's ability to perceive, analyse and assess any potential damage to the Client/Participant, in whatever form. If the Client/Participant were to suffer any damage, the Contractor or therapists engaged by him or third parties shall not be liable for this in any way.
9. The Client shall indemnify the Contractor against all claims (such as damages and legal proceedings) from third parties related to the performance of the agreement between the Client and the Contractor, unless the claims are the result of serious shortcomings on the part of the Contractor.
10. If the Client and/or the Client/Participant has not instituted legal proceedings against the Contractor within one year of discovering the damage, this legal action will lapse after the year has elapsed.
Article 13: Dispute resolution
1. All agreements between the Client and the Contractor are governed by Dutch law.
2. If the Contractor and the Client or Client/Participant have a dispute arising from this Agreement, they are obliged to first attempt to resolve this dispute in consultation.
3. If consultation does not lead to a resolution of the dispute, the competent judicial authority in the district where the Contractor is established has exclusive jurisdiction to hear the dispute.