TERMS & CONDITIONS ONLINE ACADEMY, COACHING & MEMBERSHIP | ZENTRE

 

Article 1: Definitions

  1. Agreement

The agreement for the provision of Services (online) between Zentre and Customer and all further actions between Zentre and Customer regarding the delivery of these Services.

  1. Customer

A natural person (Consumer) who or a legal entity which purchases a Service from Zentre.

  1. Documentation

All material made available by Zentre in relation to the performing of Services, both online and offline. This includes in any case the coursebook of The Zen-Academy and the free downloadable e-book.

  1. Offer

The information about our Services shown on the Website or in any of our quotations including price, explanation of the individual modules and the learning objectives. In the event of a conflict between the Website and the quotation, the quotation takes precedence.

  1. Services

This means the online and offline courses and sessions offered and performed by Zentre as described below in Article 4 paragraph 1. Future services are also included.

  1. Website

The website of Zentre, <www.zentre.nl> and any current and future variants thereof.

  1. Work

Any creation of Zentre, delivered to Customer.

  1. Written

(Digital) communication: letter, e-mail, social media and similar online communication services.

Article 2: Zentre  
The one (wo)man business Zentre, with registered office and principal place of business in Amsterdam, registered in the Trade Register of the Netherlands Chamber of Commerce under number 82866295.

Article 3: Applicability

  1. These Terms and Conditions apply to every Offer and Agreement and the implementation thereof between Zentre and Customer. They form the Agreement between Zentre and Customer.
  2. The Terms and Conditions can be found on the Website and will be made available to the Customer before or at conclusion of the Agreement (provided electronically). When placing the order via the Website, a tick must be placed next to a link to these Terms and Conditions. When downloading the free e-book you will find a link to the Terms & Conditions on our website.
  3. Terms and conditions of the Customer, or any other third party, do not apply.
  4. Employees of Customer are also bound by these Terms & Conditions.
  5. Zentre is entitled to change these Terms and Conditions unilaterally. Changes will be announced on the Zentre Website.

Article 4: Realisation of the Agreement; offer and acceptance

 

Offer

  1. The Offer is displayed on the Website:
  • Mindfulness Courses
  • The Zen-Academy (group or 1-1 training)
  • Mind Made (Masterclass)
  • The Mindful Membership
  • 1-1 Coaching
  • Corporate Training and coaching
  • Yoga Retreats

In case of 1-1 coaching and Corporate Services the Offer will be send by e-mail.

With the informatie given, Customer should be able to make a proper assessment of the Services and is made aware of his/her rights and obligations. The Offer contains:

  • Identity and address of Zentre;
  • Price, including VAT;
  • Description of the Services;
  • Manner of performance of Service;

If applicable; the admission requirements;

  • In case of a course, how long it will be available after purchase;
  • Payment method.
    1. Zentre may change the content of the Offer for reasons of qualitative improvement.
    2. Zentre can give discounts. Customer is not automatically entitled to this.
    3. If you could reasonably assume that the Offer, or a part thereof, contains an obvious mistake or clerical error, the Offer is not valid.

      Acceptance
    4. The Agreement between you and Zentre is concluded when you accept the Offer and meet the conditions:
  • Via the Website: when you have entered your details and clicked on the ‘Place order’ button. You make the payment immediately and receive the invoice by e-mail.
  • When the Agreement is concluded otherwise: when we receive your approval of the Offer by email. You will receive an invoice that you need to pay within 14 (fourteen) days.
    1. Directly after placing the order and making the payment, you will receive a Confirmation of Receipt by e-mail, containing the login details for The Zen-Academy.


Miscellaneous

  1. You are not allowed to transfer your rights and/or obligations under this Agreement to others, unless Zentre has given you prior written permission. You are also not allowed to give your login details to others. When you do so, you owe Zentre an amount of € 5,000.00 for infringement of Zentre’s copyright.

    Waiting list
  2. If it is not possible to directly start a course, you can be wait-listed as interested party. To do so you provide your name and email address free of charge via the Website. As soon as participation is possible, you will be informed by email. From that moment on, the process of Offer, acceptance and payment as described in these Terms and Conditions, applies.

Pre-sale

  1. Zentre may offer and sell her Services as “pre-sale”. Pre-sale means: the Customer already pays for the Services but agrees that delivery shall take place later. The Customer therefore secures the right to acquire and deliver a course. Payment is made immediately upon conclusion of the Agreement, just as a regular purchases as referred to in this article. The expected time of delivery and possible deviating delivery conditions will be communicated to Customer in the order confirmation. The Customer will also be informed of the exact delivery date prior to delivery.

 

Article 5: The Zen-Academy

 

Goal

  1. Zentre makes every effort to teach you tools and techniques to better deal with yourself and to achieve your highest potential. However, you remain responsible for the choices you make and the (financial) consequences thereof.


Performance

  1. Zentre makes every effort to perform the Services with care, while using the standards that apply in Zentre’s field of expertise.
  2. Zentre is able to refuse to allow your (further) participation without stating reasons. You are then entitled to a full refund, unless you have already started the course. 

Delivery

  1. The Services may be provided and followed online or on site. The options available for each Service will be indicated on the Website or by e-mail.
  2. After purchasing you will receive an e-mail containing the login details, which provide you direct access to the digital learning environment in The Zen-Academy. You will also receive the dates of the sessions as well as other important information.


Obligations Customer

  1. In order to create an optimal result it is important that you as a Customer or employee of a business Customer:
  • are pro active during the online or offline courses;
  • read the Documentation;
  • complete the assignments;
  • actively participate in group assignments, perform the assigned and/or discussed tasks in a timely and complete manner and are present at any group meetings (both online and offline);
  • make sure to be present on all data determined by Zentre (both online and offline). It is not possible to reschedule dates of group sessions.
  1. Zentre provides advice, tips and coaching via the Online Academy with responsibility and care. It is important to realize that the advice and tips are suggestions. You remain responsible and liable for the use and implementation of these suggestions. No result, right or financial consequence can be derived from advice given by Zentre.
  2. It is important that you always provide Zentre, solicited and unsolicited, with all cooperation and relevant information, specifications and choices in whatever form necessary for the correct execution of the Agreement.
  3. You as a Customer are responsible for errors and delays in the execution of the Agreement if this is a result of failure, incorrect, late or incomplete transmission of the required information by or on behalf of you. Also if you have failed to meet your (information) obligations in any other way, read article 7 of these Terms and Conditions. Additional work as a result will be charged to you. Zentre is also authorized to suspend the execution of the Agreement. You will bare any additional costs as a result of this.
  4. You are not authorized to edit, adapt and distribute the Works delivered by Zentre (for example sheets, assignments, etc.) without Zentre’s prior consent. Please read article 10 of these Terms and Conditions.

 

Location

  1. Unless otherwise stated, Services will be performed:
  2. Online through the Website;
  3. 1-1 coaching: online or on site, to be jointly decided by Zentre and Customer;
  4. Group coaching: online or on site to be decided by Zentre and one of the Customers who decides on behalf of the group
  5. Customer is responsible for location fees such as, but not limited to, entrance fees, location rental fees and parking fees.
  6. Zentre may change the date and/or location for organizational reasons in consultation with Customer.


Article 6: Pricing and payments

  1. Prices in the Offer are stated in Euros.
  2. Unless stated otherwise and Corporate services excluded, all prices quoted include VAT.
  3. Zentre is entitled to adjust the stated prices for promotional purposes such as sales. Only one promotional discount is allowed per purchase. A price change after the Agreement has been concluded does not entitle you to dissolve the Agreement or to any compensation.
  4. Prices and other conditions mentioned in the Offer only relate to that Agreement and therefore do not automatically apply to a new Offer.
  5. Payment is made in full and net to Zentre’s bank account. Payment takes place via the Website or by bank transfer after receipt of the invoice. As soon as you have clicked on ‘Place order’ and selected your bank, you will be directed to the banking environment where payment takes place when the order is placed via the Website.

 

Article 7: Liability

  1. Zentre makes every effort and uses the best of her knowledge and ability to perform the Services in good faith. Zentre does so with a best efforts obligation and no performance guarantee is given.
  2. Advice given by Zentre is never a medical advice, nor does it serve as a supplement and/or replacement for medical advice. No (medical) rights and/or conclusions can be derived from it. The Services of Zentre are not therapy. However, our Services may take place in addition to any therapy. In case you experience medical complaints, Zentre strongly advises you to consult a medical specialist.
  3. In case of an attributable shortcoming in the performance (non-performance), Zentre is liable for direct damage related to or arising from the Agreement, if this damage is the result of intent, gross negligence or recklessness on the part of Zentre.
  4. Zentre is not liable for:
  • damage caused by incorrect, late or incomplete information sent by you (online);
  • damage as a result of defect or failing equipment or necessary telecommunication connections of both Zentre and you, as a result of which you are not able to follow the purchased online Service.
  1. The maximum compensation on the part of Zentre is the agreed price as stated on the invoice. The amount of the compensation that will be determined is based on the extent to which the shortcoming is attributable to Zentre. A minor deviation cannot lead to compensation. Zentre never compensates more than the amount of damage that her business liability insurance reimburses and pays for.
  2. Direct damage arising from entering into, maintaining and/or handling transactions and agreements between Customer and its (third) contracting parties could never be the responsibility of Zentre.
  3. Any damage must be reported to Zentre in Writing immediately after it has occurred.
  4. All claims from Customer become barred after 12 (twelve) months has elapsed from the time of their origination.
  5. Is any damage caused by intent, gross negligence or recklessness on the part of you as a Customer? Then the provisions in this article do not apply.
  6. Zentre and you hereby agree to both do their utmost to jointly reach a solution.

Article 8: Cancellation

Cancellation + compensation  

  1. In case you cancel or reschedule the date for the performance of the Services (a course or session), you owe a cancellation fee fixed in accordance to the schedule below. In case of a no show, this also includes cancellation on the day of a session, 100% of the invoice value will be charged to you.

Days                                                              Cancellation fee
(between cancellation and session)           (percentage of Price)
1                                                                     80 %
2 – 4                                                               60 %
4 – 12                                                             40 %

Impact of cancellation

  1. In case of cancellation of the Agreement for any reason:
  • the intellectual property rights as referred to in Article 11 always remain with Zentre;
  • all activities of Zentre, except for The Zen Academy, up to the moment of cancellation will be charged to the Customer;
  • the user license (see article 11) ends with immediate effect;
  • Customer is obliged to refrain from all acts that could give the impression to third parties that the Customer still possesses the user rights arising from the License;
  • the Customer undertakes to return to Zentre, or if Zentre instructs the Customer to do so, destroy all confidential information in Zentre’s possession;
  • the provisions intended to continue after the end of the agreement will remain in full force and effect. In any case, but not exclusively, these provisions include Articles 7 and 11 of these terms and conditions
  1. Zentre is not liable for damage resulting from a cancellation. Zentre is also not obliged to (re)pay any down payment, or payment for (part of) the Services already performed by Zentre.

Article 9: Force majeur

  1. If Zentre is temporarily or permanently prevented from (further) executing the Agreement due to force majeure, regardless of whether the force majeure was foreseen, Zentre and the Customer do not have to fulfill the obligations of the Agreement in time. Zentre may, in such case, terminate the Agreement in Writing and without judicial intervention or suspend the (further) performance in whole or in part. Without obligation to pay compensation. Services already provided must be paid for by Customer.
  2. Force majeure includes: non-attributable shortcoming on the part of one of the parties or a third parties or suppliers engaged by Zentre, pandemic, epidemic, government measures in force, Zentre’s illness, riot, war, as well as any other situation over which you or Zentre cannot exercise decisive control.
  3. Force majeure also includes:
  • The situation in which certain equipment or other telecommunications connections (internet) of Zentre, necessary for the provision of the Services are temporarily unavailable or not sufficiently available;
  • Maintenance of the Website or other Zentre systems;
  • The situation in which it is not possible to reach the agreed physical location due to a defect, malfunction or delay on the road network or with a transport service (such as bus or train).
  1. Force majeure does not include defective or failing equipment and necessary telecommunications connections (internet) as a result of which you are unable to follow the purchased Online Service.
  2. In the event of force majeure, we will inform each other in Writing as soon as possible. We will also try to jointly find a solution where possible.
  3. If the situation of force majeure lasts longer than 14 (fourteen) days, you or Zentre can suspend or dissolve the Agreement, whereby the paid amount will be refunded. The other provisions of these Terms and Conditions remain in force.
  4. Damage suffered as a result of force majeure is not at the expense and risk of Zentre.

 

 

Article 10: Complaints

  1. Complaints must be communicated to Zentre in Writing, clearly substantiated and with photos within 7 (seven) days of the invoice date.
  2. Zentre makes an effort to reply to complaints in Writing and substantiated within 14 (fourteen) days of receipt. If Zentre expects that a response will take longer, she will indicate and communicate this as soon as possible.
  3. If the complaint is considered well-founded, you are entitled to a refund in proportion to the modules of the course already completed. A minor deviation cannot be charged to Zentre.
  4. Customer still needs to pay invoices during a complaints procedure.

Article 11: Intellectual Property


Rights

  1. Copyright or any other (intellectual) property rights in the format and content of the Website, the Zentre Logo, produced concepts, creations, works, proposals, expressions on the internet, e-mails, techniques, other documents and information or any other expressions of, on behalf of or by Zentre rest with Zentre.
  2. Intellectual property rights to all Works delivered to the Customer under the Agreement, such as courses and sessions, are vested in Zentre and/or her licensors and other third parties who hold the copyright.
  3. As a Customer you receive a personal and non-exclusive right of use for the duration of the Agreement/the length of the course. This means that you can view all course material of that particular course.
  4. Intellectual property rights, copyrights and (sub) licenses referred to in paragraphs 1 and 2 cannot be transferred by agreement, unless otherwise agreed In Writing.
  5. Without Zentre’s prior Written permission, you are not permitted to edit, reproduce or publish a delivered concept, material or information in whole or in part, to make it available to others via any medium, or for inspection. whether or not for a fee. It is also not allowed to remove or change any indication of rights from the information provided
  6. During and within 2 (two) years after the end of following a Zentre Service, you as a Customer will not develop services that are identical or similar to those of Zentre. Also, you will not be involved in any way with third parties that offer such competing services. 

    Infringement

  7. Any use of a Work without Written permission or behaviour contrary tot his Agreement is considered an infringement of Zentre’s copyright. Violation of copyright or other intellectual property right immediately leads to payment of a fine to Zentre of at least € 5,000.00. You also reimburse the actual damage suffered by Zentre.
  8. Customer indemnifies Zentre against all third-party claims related to Zentre’s intellectual property right. Customer also fully indemnifies Zentre with regard to these claims and all damage suffered or to be suffered in whatever form as a result or in connection therewith.


Permission

  1. Customer grants Zentre permission to use the logo of and reviews written by Customer on Zentre’s Website and social media. Customer may object to such publication in writing in advance.
  2. Zentre may grant permission to distribute her Work. For example, Customer may make a screenshot or record of the relevant Course. The latter may be a maximum of 15 seconds. If a Customer does so, the following applies:
  • The name of Zentre, a hashtag #marieclairekrayenhoff and a reference to Zentre’s account on the relevant social media channel must be clearly stated or included in the publication;
  • When reproducing and publishing the Work, you as a Customer must take into account Zentre’s personality rights as described in Article 25 of the Copyright Act.
  1. Affiliate program

As a Customer you can participate in Zentre’s affiliate program. You will then receive a unique discount code that you can give to potential Customers. In return you receive a commission for every Customer you refer. The commission is provided as soon as the new Customer has purchased and paid for a Service from Zentre. You can unsubscribe from the affiliate program at any time and without notice.

Article 12: Withdrawal

Statutory withdrawal, exception and waiver

  1. Usually, the statutory right of withdrawal offers a Customer (not being a business Customer or legal entity) the option to cancel an agreement within a reflection period (two weeks after the conclusion of the agreement) free of charge and without stating reasons. Except when one of the statutory grounds for exception apply. A digital product such as Zentre offers is a statutory exception because they are downloaded via a link with login details. If you let us know that you want to view the course within 14 days (i.e. have direct access to the online learning environment) and declare that you waive the statutory cooling-off period, you cannot invoke the right of withdrawal.

Refund guarantee

  1. However, in constrast to the statutory rules as described above, we will refund you within 14 (fourteen) days after the start of Services in case you are not satisfied with the Services.

Article 13: Privacy and Cookies

  1. Your personal data, obtained in the context of the execution of the Agreement, will be processed in strict confidence and in accordance with the applicable laws and regulations, in particular the AVG as can be found in the Privacy and Cookie Policy of Zentre. You declare to have taken note of the policy and to agree with it.
  2. Zentre uses high-quality security techniques and encryption of the Personal Data. In the event of negative interventions beyond our influence, reference is made to article 9 of these Terms and Conditions (force majeur).
  3. Zentre does not accept any liability for any damage caused by acting in breach with this article. 

Article 14: Website

  1. At all times Zentre is entitled to adjust the Website in terms of content, layout and further necessities at the discretion of Zentre.
  2. Zentre strives to ensure that the Website functions properly at all times. Zentre also strives to make it permanently accessible to the Customer but cannot guarantee that the Website will function without restrictions or malfunctions at any given time, due to necessary maintenance and the fact that the functionality of the Website depends on Internet and technologies. If not, please call the number on our Website or send an e-mail to hello@zentre.nl.
  3. Zentre does not accept any liability or responsibility with regard to any damage arising from or related to the use of the Website and the content thereon. Direct or indirect damage as a result of third-party programming, viruses and hackers that can lead to the modification, destruction, distortion, deactivation or inactivation of software, hardware and/or data of the Customer, Visitor or third parties is and never will be the responsibility of Zentre.


Article 15: Applicable law

  1. The agreement between Zentre and Customer is exclusively governed by Dutch law, unless the parties agree otherwise in writing in advance.
  2. Any disputes arisen between Zentre and Customer that cannot be settled amicably will be submitted to the competent Court, Rechtbank te Amsterdam.

In case of differences in interpretation between the English and Dutch versions of these Terms & Conditions, the original Dutch version shall prevail.