Terms and Conditions F.J. van Doorn Beheer B.V.
Private limited liability company F.J. van Doorn Beheer B.V. (in the following referred to as: Letting go course) is registered with the Chamber of Commerce under number 52879720 and established on Rozenburglaan 11 (9727 DL) in GRONINGEN. Letting go course is commissioned by Jan Bommerez, who lives in California, USA.
Article 1 – Definitions
- In these terms and conditions, the terms below are used in the following meaning, unless it is expressly stated otherwise:
- Offer: every written offer to Customer for the delivery of Digital Products or Services respectively by Letting go course, that the present conditions are inextricably associated with.
- Consumer: the natural person not acting from the exercise of a profession or business.
- Customer: the Consumer who enters into a distance Agreement with Letting go course and purchases an on-line course.
- Customer understands that this is an educational course and that it is not the intention in any manner to prepare medical diagnoses or to give medical advice.
- Customer also understands that this course is not intended for people with shock trauma because in such case professional assistance is a necessity.
- Customer furthermore understands that the results of the course are also determined by the strict following of the instructions (in particular the proper order of the steps) and the sufficient repetition of the exercises.
- Agreement: the distance purchase agreement stipulating the sale of and access to Products or Services respectively that were purchased by Customer from Letting go course.
- Digital Products and/or Services: the Products and/or Services that are offered by Letting go course are courses in the field of personal development.
- Letting go course: the provider of Products/Services to Customer.
- Subscription: a membership whereby the Customer obtains a number of on-line courses against payment.
- Platform: the platform that can be reached on-line via lerenloslaten.com and to which access can be obtained by logging in on an Account.
Article 2 – Scope
- These terms and conditions are applicable to every Offer of Letting go course, any Agreement between Letting go course and Customer, and to each Product and/or any Service that is offered by Letting go course.
- Before a (distance) Agreement is concluded, Customer is provided with these terms and conditions. If this is not reasonably possible, Letting go course will indicate to Customer in what manner Customer can peruse the terms and conditions, which in any event are published on the website of Letting go course, so that Customer is able to simply store these terms and conditions on a durable data carrier.
- Derogation from these terms and conditions is not possible. In exceptional situations, the terms and conditions can be derogated from to the extent this is explicitly established in writing with Letting go course.
- These terms and conditions are also applicable as well to additional, modified, and backorders of Client.
- If one or several provisions of these terms and conditions are void completely or in part or are annulled, the other provisions of these terms and conditions remain in force, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties regarding the content, interpretation, or situations that have not been arranged for in these terms and conditions must be assessed and interpreted in the spirit of these terms and conditions.
- If reference is made in these terms and conditions to she/her, this must also be understood as a reference to he/him/his, if and to the extent applicable.
- In addition to these terms and conditions, the general and/or user conditions of the third party where the course is hosted apply.
Article 3 – The Offer
- All offers made by Letting go course are non-committal, unless expressly indicated otherwise in writing. If the Offer is valid limitedly or on specific conditions, this is expressly stated in the Offer.
- Letting go course is only bound by an Offer if Customer has already settled the amount owed. Letting go course nevertheless has the right to reject an Agreement with a (potential) Client on grounds that are legitimate for Letting go course.
- The Offer contains a precise description of the Product and/or Service offered with the associated prices. The description has sufficient detail for Customer to be able to make a proper assessment of the Offer. Apparent mistakes or errors in the Offer cannot bind Letting go course. Any possible information in the Offer is merely an indication and cannot constitute grounds for any compensation of damages or the rescission of the (distance) Agreement.
- Offers do not apply automatically for backorders.
Article 4 – Adoption of the Agreement
- The Agreement is adopted at the moment that Customer has accepted an Offer from Letting go course by paying for the relevant Products and/or Service via the designated payment service, after which Customer in her turn will gain access to the course.
- An Offer can be made by Letting go course via the website.
- If Customer has accepted the Offer by concluding an Agreement with Letting go course, Letting go course will confirm the Agreement with Customer in writing, or at least by e-mail.
- If the acceptance deviates (on minor points) from the Offer, then Letting go course is not bound by it.
- Letting go course is not bound by an Offer if Customer could reasonably have expected or has had to or should have understood that the Offer contains an apparent mistake or typing error. Customer cannot derive any rights from such a mistake or typing error.
- Customer is not entitled to revocation in case of the purchase of Digital Services and/or Products, such as the purchase of the on-line course, if Customer expressly withdraws. Immediately after payment, Customer acquires access to the Digital services via the established manner.
Article 5 – Implementation of the Agreement
- Letting go course will carry out the Agreement to the best of their understanding and abilities.
- If and to the extent the proper implementation of the Agreement so requires, Letting go course has the right to have certain activities conducted at own discretion by third parties.
- Customer makes sure that all information for which Letting go course indicates that it is necessary or of which the Customer should reasonably understand that it is necessary for the implementation of the Agreement, is timely provided to Letting go course. If the information required for the implementation of the Agreement is not timely provided to Letting go course, then Letting go course has the right to suspend the implementation of the Agreement.
- Before proceeding to implement the Agreement, Letting go course can require a security from Customer, or alternatively full payment in advance.
- Letting go course is not liable for damage, of any nature whatsoever, that has occurred because Letting go course relied on incorrect and/or incomplete information provided by the Customer, unless this incorrectness or incompleteness was known to Letting go course. Customer safeguards Letting go course against any possible claims by third parties that incur damage in connection with the implementation of the Agreement and that is attributable to Customer.
- The result of the course always depends on the effort of Customer.
- Login data must be kept secret at all times. Customer is obliged to use a sufficiently strong password for every Account and to change such standard password as may be provided by geoFluxus without delay.
Article 6 – On-line course
- Customer may only use the on-line learning environment for his own activities. The license thereby is not transferable, and it is not permitted to Customer to sell, let, give in sub-license, or provide the license to a third party in any manner or for any purpose whatsoever. Were the Customer nevertheless to share the course, then Letting go course is entitled to a payable fine of 10,000 Euros.
- Customer only has access to the on-line modules if the payment terms have been met. After payment of the course, Customer receives login data for the website. In case of one-off payment, the Customer is granted access to all courses. In case of monthly payment, the customer is provided with login data for the website as well, but new courses are made available on a monthly basis.
- In case of technical issues, Customer must accordingly inform Letting go course in writing by e-mail. Letting go course will take the necessary measures to restore access to the service. If Customer is unable to make use of the service for a period of time, access to the service will upon request of Customer be extended by the period during which use of the service was not possible due to technical issues. Such a request must be made by way of e-mail and will only be granted if the technical issues are for the account and at the risk of Letting go course.
- If Client has paid for access but does not make use of it, Letting go course will not refund the money already paid. Access to the course lapses after the end of the course. Access to the Service is for a maximum of 1 year. If Customer wishes to extent the relevant term, Customer must communicate this to Letting go course via the website.
Article 7 – Prices and payment
- All prices are exempt from sales tax (VAT), unless established otherwise.
- Letting go course offers its Products and/or Services in accordance with a fixed rate. Payment must occur in advance.
- Customer must settle payment at once on the bank account number communicated to her and in accordance with the details of Letting go course. In addition, monthly payment is possible as well. In such case, a fixed sum is charged by way of direct debit.
- In case of the liquidation, bankruptcy, attachment, or suspension of payments on the part of Purchaser, the claims of Letting go course on the Purchaser become instantly payable.
- Letting go course has the right to have the payments made by the Purchaser serve to be deducted in the first place from the costs, subsequently from the mature interest, and finally from the principal sum and the current interest. Letting go course can reject a proposal to pay, without falling into default as a result, if the Purchaser designates a different order for allocation. Letting go course can reject full payment of the principal sum if the mature and the current interest, as well as the costs, are thereby not settled as well.
- Purchaser being a Consumer will first receive a written warning with a term of 14 days after the date of the warning, stating the extrajudicial costs if Consumer does not fulfill his obligations within that term, before falling into default.
- As from the date that Purchaser is in default, Letting go course will be entitled, without any further default notice, to the statutory (commercial) interest as from the first day of non-compliance until full settlement and compensation of the extrajudicial costs in accordance with article 6:96 BW (Civil Code), to be calculated according to the table from the ruling on extrajudicial collection costs of 1 July 2012.
- If Letting go course has incurred more or higher costs than reasonably necessary, such costs are eligible for compensation. The judicial and enforcement costs incurred are borne by Purchaser as well.
Article 8 – Privacy, data processing, and security
- Letting go course handles the (personal) data of Customer and visitors to the website(s) with care. If so requested, Letting go course will accordingly inform the data subject.
- If Letting go course on grounds of the Agreement must provide for the security of information, such security will meet the specifications established, and a level of security that, considering the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 9 – Suspension and rescission
- Letting go course is authorized to suspend compliance with the obligations or to rescind the Agreement if Customer does not or does not fully comply with the (payment) obligations from the Agreement.
- Letting go course is authorized in addition to rescind the Agreement existing between them and Customer, to the extent it has not been implemented yet, without judicial intervention if the Customer does not or does not properly comply with the obligations that flow for him from any Agreement concluded with Letting go course.
- Letting go course is furthermore authorized to (let) rescind the Agreement without prior default notice if circumstances occur that are of such a nature that compliance with the Agreement is impossible or by standards of reason and fairness can no longer be demanded or if circumstances occur otherwise that are of such a nature that the unaltered maintaining of the Agreement may not reasonably be expected.
- If the Agreement is rescinded, the claims of Letting go course on Customer become instantly payable. In case Letting go course suspends compliance with the obligations, it retains its entitlements from the law and the Agreement.
- Letting go course always retains the right to claim damages.
Article 10 – Limitation of liability
- If the implementation of the Agreement by Letting go course leads to liability of Letting go course vis-a-vis Customer or third parties, such liability is limited to the charges billed by Letting go course in connection with the Agreement, unless the damage occurred due to willful intent or gross fault.
- In the event of an attributable shortcoming on the part of Letting go course, Letting go course is exclusively obliged to pay any compensation of damages if Customer has declared the default of Letting go course within 14 days after discovery of the shortcoming and Letting go course has not resolved this shortcoming within a reasonable term. The default notice must be submitted in written form and it contains a description/substantiation of the shortcoming with such precision that Letting go course is able to respond adequately.
- Letting go course expressly excludes all liability for consequential damage. Letting go course is not liable for indirect damage, business damage, loss of profit and/or losses incurred, missed savings, damage due to operational stagnation, capital losses, delay damage, interest damage, and immaterial damage.
- Customer safeguards Letting go course against all claims by third parties as a result of a defect as a consequence of a service that was provided by Customer to a third party and that also consisted of Products and/or Services delivered by Letting go course, unless Customer is able to prove that the damage was caused exclusively by the service of Letting go course.
- The advice in the courses is not binding and only advisory in nature. Letting go course cannot be held accountable for the advice in the course and Customer is unable to claim damages.
- Letting go course is not liable for damage that is or may be the result of any action or omission in connection with (incomplete and/or incorrect) information on the website(s) or linked websites.
- Letting go course is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason whatsoever.
- Letting go course does not guarantee the correct and complete transmission of the content of e-mails sent by/on behalf of Letting go course, nor the timely receipt thereof.
- All claims of Customer on account of the falling short on the part of Letting go course lapse if they are not reported in writing, including substantiation, to Letting go course within one year after Customer was aware or could reasonably have been aware of the facts that she bases her claims on. All claims of Customer lapse in any event one year after the ending of the Agreement.
Article 11 – Force majeure
- Letting go course is not liable in case as a result of a situation of force majeure it is unable to comply with its obligations on grounds of the Agreement, nor can it be forced to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault and that neither pursuant to the law nor to a legal transaction or commonly held opinion is their responsibility.
- By force majeure is intended in any event, though it is not limited to, what is defined as such in the law and jurisprudence, defects of matters, devices, software, or materials of third parties, (ii) government measures, (iii) power outage, (iv) malfunction of the internet, data network- and telecom facilities (for example due to: cybercrime and hacking), (v) natural disasters, (vi) war and terrorist attacks, (vii) (viii) other situations that in the opinion of Letting go course fall outside their sphere of influence that prevent their compliance with their obligations temporarily or permanently.
- In case of force majeure, both Parties have the right to rescind the Agreement completely or in part. In case of partial rescission, Letting go course will refund the part that has not taken place due to force majeure. Customer is not entitled to a refund if a part of the agreement has been fulfilled. In case of total rescission, Customer is entitled to the refunding of the funds already paid. Letting go course is not obliged to compensate Customer for any possible losses that were caused by such a revocation.
Article 12 – Intellectual Property Rights
- All intellectual property rights and copyrights of Letting go course lie exclusively with Letting go course and are not transferred to Customer.
- It is prohibited to Customer to disclose and/or multiply, modify, or provide to third parties all documents that are subject to the intellectual property rights and copyrights of Letting go course without the express prior written permission of Letting go course.
- It is prohibited to Customer to use the Products that are subject to the intellectual property rights of Letting go course in a different manner than is established in the Agreement.
- Any infringement of Client on the IP-rights (and copyrights) of Letting go course is sanctioned by a one-off fine for the amount of € 10,000 (in words: ten thousand Euros) and a fine of € 100 (in words: one hundred Euros) for each day that the infringement continues.
Article 13 – Non-disclosure
- Letting go course and Customer commit themselves to keep secret all confidential information that is obtained in the context of the Agreement. The confidentiality flows from the order and must be assumed if one can reasonably expect that it regards confidential information. Confidentiality does not apply if the relevant information already is public/generally known, the information is not confidential and/or the information was not disclosed to Letting go course by Client during the Agreement and/or was obtained by Letting go course in a different manner.
- If Letting go course is obliged on grounds of a legal provision or a court order to (also) provide the confidential information to a third party indicated by the law or the competent court and Letting go course is unable to appeal to professional privilege, Letting go course is not obliged to provide any compensation of damages and does not confer any grounds to Client for the rescission of the Agreement.
- The non-disclosure obligation is also imposed by Letting go course and Client on the third parties to be engaged by them.
Article 14 – Complaints
- If Client is no satisfied with Products and/or Services of Letting go course or has complaints about the implementation of the Agreement otherwise, Client is obliged to report these complaints as soon as possible, though no later than within 14 calendar days after the relevant event leading to the complaint. Complaints can be reported verbally or in writing via firstname.lastname@example.org with “Complaint” as its subject.
- The complaint must be sufficiently substantiated and/or explained by Client for Letting go course to be able to take the complaint under advisement.
- Letting go course will respond substantively to the complaint as soon as possible, though at the latest within 14 calendar days after receipt of the complaint.
- Parties will try to reach a solution in mutual consultation.
Article 15 – Applicable Law
- The legal relationship between Letting go course and Client is subject to Netherlands Law. The applicability of the Vienna Commercial Convention (CISG) is expressly excluded.
- In case of the interpretation of the substance and purport of these terms and conditions, the Dutch text is always decisive. Letting go course has the right to unilaterally modify these terms and conditions.
- All disputes that have arisen through or in connection with the Agreement between Letting go course and Client are settled by the competent court of law of the district of Noord-Nederland, location Groningen, unless provisions of mandatory law designate a different competent court.
Groningen, 9 November 2022