WOMEN OF ANCIENT FUTURES TERMS AND CONDITIONS
Clause 1 Definitions
- Women of Ancient Futures, which has its registered office in the Municipality of Amsterdam and is registered in the commercial register of the Dutch Chamber of Commerce with registration number 87623773, shall be referred to as the Service Provider in these general terms and conditions.
- Customer means the person participating in a retreat, online programme, online training, event, session or mentorship programme.
- The contract means the contract for services based on which the Service Provider performs work against payment and to which the general terms and conditions have been declared applicable.
- Online content means an online programme, online training or online event.
Clause 2 Applicability of General Terms and Conditions
- These terms and conditions shall apply to all offers made by or on behalf of the Service Provider to which the Service Provider has declared them to apply, unless a variation to these terms and conditions is explicitly agreed in writing.
- The conditions also apply to actions of third parties engaged by the Service Provider in the context of the contract.
- The version of these general terms and conditions applicable at any time shall be the version most recently sent and accepted.
- The application of any business customer's general terms and conditions is explicitly excluded.
- If at any time any provision (or provisions) of these general terms and conditions is (or are), either as a whole or in part, void or annulled, the remaining provisions of these general terms and conditions shall remain fully applicable.
Clause 3 Offer
- If no acceptance period has been set in the offer, the offer will expire after 10 calendar days.
- The Service Provider shall not be bound by an offer they have made if the Customer can reasonably be expected to have understood that the offer, or part of the offer, contains a manifest error or mistake.
- An offer does not automatically apply to follow-up orders.
Clause 4 Rates and Payments
- The contract is entered into for a definite period of time, unless the nature of the contract dictates otherwise or if parties expressly agree otherwise in writing.
- The obligation to pay arises with the conclusion of the contract. Unless otherwise agreed, the entire amount will be invoiced in advance. If it is agreed to invoice in instalments, the Service Provider is entitled to suspend the work or access to the content until a (next) payment has been made. An initial payment must always be settled before starting.
- The rates agreed upon at the conclusion of the contract are based on the price level applied at that time. The Service Provider has the right to adjust the fees at any time, if changed circumstances so require. Adjusted rates will be communicated to the Customer as soon as possible. Fees will not be increased within the term of a current agreement.
- Invoices must be paid within 7 calendar days of the invoice date, unless the parties have made other arrangements in writing, the work is to commence earlier or a different payment term is stated on the invoice.
- If the Customer fails to pay an invoice on time, if a direct debit cannot be collected, if a direct debit is cancelled without good reason or if a payment is reversed, the Customer is in default by operation of law and owes statutory interest after a single reminder or notice of default has been sent. The interest on the amount due will be calculated from the moment the Customer is in default until the moment of payment of the amount due in full.
- If the Customer is in default of fulfilling his obligations, all reasonable costs incurred in obtaining payment out of court shall be borne by the Customer.
- In the event of liquidation, bankruptcy, seizure or suspension of payment of the Customer, the claims of the Service Provider shall be immediately due and payable and any licenses already granted shall immediately expire.
Clause 5 Provision of Information
- The Customer shall provide all information relevant to the implementation of the contract to the Service Provider in good time.
- The Customer is responsible for the accuracy, completeness and reliability of the information provided, even if it originates from third parties. The Service Provider shall keep all information confidential.
- The Customer is responsible for communicating changes.
- The Customer indemnifies the Service Provider against any damage or loss arising from failure to comply with the provisions of this clause.
- If the Customer does not provide the required information or does not do so in time and the execution of the assignment is delayed as a result, the resulting additional costs shall be borne by the Customer.
Clause 6 Performance of the Contract
- The Service Provider carries out the assignment to the best of her knowledge and ability. She shall not be liable for failure to achieve the result that the Customer intended. The Customer acknowledges that results will not be immediately visible and that results partly depend on Customer's efforts.
- The Service Provider is authorized to engage third parties in the performance of its work.
Clause 7 Changes in the Contract
- If during the execution of the assignment it turns out that it is necessary to change or supplement the work to be carried out, the parties will amend the contract in good time and in consultation.
- For certain trajectories and training courses, an intake as well as participation requirements shall apply. The Service Provider is entitled to exclude persons from participation if deemed necessary after the intake.
- The Service Provider has the right to suspend or terminate the contract if the obligations under the contract are not fulfilled or if new circumstances have arisen that were not yet known at the time of the conclusion of the contract.
- In the event of unforeseen circumstances, the Service Provider has the option to interrupt, reschedule or cancel its activities. Unforeseen circumstances include illness and circumstances that arise with regard to materials that are necessary for the proper execution of the contract. Changes as referred to in this paragraph are made known to the Customer as soon as possible. The parties will together seek a suitable solution and try to reschedule the session. If this is not possible, the Customer has the right to dissolve the contract.
- A contract concluded at a distance can be revoked free of charge up to 14 calendar days after conclusion of the contract, unless work has started within these 14 calendar days, or the contract was concluded B2B. Next to this statutory cooling-off period, the following cancellation conditions apply:
- In the event of cancellation before commencement of the work, the Customer is obliged to pay 25% of the agreed amount. If the work has already started, in the event of cancellation, the hours worked and costs incurred up to that point will become immediately due and payable, plus a percentage of 50% of that part of the contract that is still outstanding. In case of a B2B contract, the Customer is obliged to pay the full amount in the event of cancellation, even if the entire process is not completed or if not all available content is used.
- It is not possible to return purchased digital products, including online courses. By ordering and paying for the digital products, the Customer will get direct access to his purchase. The Customer expressly agrees that he thereby waives the right to make use of the cooling-off period and the right to withdraw from the contract.
- An admission ticket for online content as described in the previous paragraph of this clause can only be resold in consultation with the Service Provider and for the same amount as for which the admission ticket was purchased by the Customer.
- A single session, whether or not it is part of programme, may be rescheduled free of charge up to 24 hours before the start of the session. In a one-to-one mentorship, the Customer may reschedule a maximum of 2 sessions free of charge. In case of rescheduling within 24 hours or in case of rescheduling a third session or in case of failure to attend, the session will be cancelled and charged as such, unless agreed otherwise. Sessions that are part of a programme must be rescheduled within the duration of that programme.
- If the Customer is more than 15 minutes late for a session, the session will be cancelled and there will be no right to make up for this lost time.
- The cancellation conditions for a retreat can be found in the additional conditions.
Clause 8 Additional Provisions Online Content & Courses
- The Customer will only receive access to the content after payment of the agreed amount, unless otherwise agreed.
- The Customer will receive access to the online content after purchase. This content is thus excluded from the right of withdrawal, which means that it is not possible to cancel the purchase with a refund of the purchase price.
- The Service Provider has the right to adjust the fees when re-providing the relevant content. She also has the right to adjust the price in the run-up to the contract for promotional purposes.
- The Service Provider carries out the assignment to the best of her knowledge and ability. However, she is not responsible for the failure to achieve the result that the Customer intended with the purchase. The Customer remains at all times responsible for the application or execution of knowledge or actions gained during the performance of the contract.
- Due to the use of a third-party platform for the execution of the contract, the Service Provider cannot guarantee that the content is available at all times and in all locations.
- The Service Provider reserves the right to refuse participation at any time.
- The Service Provider is entitled to expand, limit or adjust the content of a contract.
- The Customer obtains a limited and personal right to use the content for personal purposes. The content is intended to inspire, not to copy. The Customer is entitled to make screenshots of the content to a limited extent, provided that it is accompanied by the name of the Service Provider when published on social media.
- The Customer is not allowed to use the knowledge gained to create a similar offer in the 12 months after taking note of the content.
- The information provided during the course of the content remains the property of the Service Provider. She will indicate in good time until when the content is available. It is the Customer's own responsibility to view the material in a timely manner and to store it where possible.
- While taking note of the content, Customers can communicate with each other, for example by posting comments in the community under posts. The Customer declares not to send spam or other unwanted messages. Acting in violation of these terms and conditions may result in immediate denial of access to and use of the Service Provider's services.
- The Service Provider is at all times free to remove communication or other parts of shared information without further notice, if the content of this communication and information justifies its removal.
- The Service Provider reserves the right to exclude Customers whose behaviour hinders or complicates the course of an agreement from further participation and, if necessary, from future participation. Exclusion does not affect the obligation to pay the costs for the relevant content.
Clause 9 Additional Provisions Group Programme
- A minimum number of participants may be required in order to emphasise the group element of a programme. If the minimum number of participants is not reached, the programme will be cancelled and the amount already paid will be refunded.
- In order to achieve the maximum result, the Customer shall be 100% committed, attend all sessions and complete the assignments on time. It must be made known in good time if the Customer is unable to comply with this.
- Both parties are obliged to comply with agreements, to deliver content on time, to participate in the sessions and to create a safe environment.
- If the Customer repeatedly fails to comply with the stated participation requirements, the Service Provider has the right to exclude the Customer from the programme. Exclusion does in such a case not affect the payment obligation.
- The offer and the activities that are part of a programme may deviate from the announced program if the Service Provider deems this necessary. The Service Provider may expand, limit or adjust the content.
- Customers that wish to cancel participation in the programme may only do so by email. Because the Service Provider wants to ensure that the Customer gets the most out of the programme so that optimal results for his or her company can be achieved, the agreement has a duration as agreed. The Customer agrees that the entire amount quoted shall be paid, even if the Customer wishes to cancel the agreement during the programme or work, unless the parties in consultation decide that continuation of the contract is not desirable. If the Customer has concluded the agreement privately, the costs will be settled pro rata in the event of cancellation.
- If the Customer is unable to attend an individual session, the session can be rescheduled free of charge up to 24 hours prior to the session.
- Group sessions cannot be rescheduled or made up, unless otherwise agreed.
- It is not permitted to make video and/or sound recordings during group training, unless otherwise agreed.
- The provisions of the previous Clause of these terms and conditions also apply to group programmes.
Clause 10 Events (this does not include retreats, see retreat section for agreements)
- Admission tickets can be purchased up to the day of an event, unless otherwise indicated or the event is sold out.
- If the Customer is unexpectedly unable to attend, Customer will not receive a refund. Customer does have the right to resell it’s admission ticket for an equal or lower value, as long as the other person meets the same participation conditions and the new data is passed on to the Service Provider in a timely manner, unless the event is part of a programme.
- The admission ticket grants access to one person and is issued only once. From the moment the admission ticket is issued, the Customer is responsible for loss, theft, damage or misuse of the admission ticket. The Service Provider cannot guarantee validity if the admission ticket has not been purchased from her.
- The Service Provider is entitled to adjust the admission price in the interim for promotional purposes.
- The Service Provider is entitled to charge service costs on top of the admission price.
- If an admission ticket no longer provides access to the event after the start of the event, this will be indicated during the purchase.
- The Service Provider reserves the right to make changes to the dates and location of an event. In the event that the location or dates are changed by the Service Provider, the Customer has the right to cancel within 72 hours of being informed of the change or to register free of charge for an event at a later time. If an event cannot take place offline due to circumstances beyond the Service Provider's control, the Service Provider is entitled to hold the event online. This does not entitle the Customer to a refund, unless otherwise agreed.
- The Customer is entitled to transfer the proof of purchase to another person, as long as this other person meets the same participation conditions and the new data is passed on to the Service Provider no later than 3 days before the start of the event.
- During the event, the Customer is obliged to adhere to the applicable house rules. The Service Provider is entitled to exclude participants who act contrary to this paragraph or otherwise cause hindrance from the relevant event and future events without entitlement to a refund.
- The Customer is not entitled to make image and/or sound recordings during the event, unless otherwise agreed. By coming to the event, participants accept that they may be recorded during the event and that these images may be published, without payment, unless an explicit objection is made in advance.
- The Customer is prohibited from bringing dangerous objects to the event.
- The Customer is liable for any damage it causes to the event.
- In case of force majeure, the Service Provider has the right to reschedule or cancel the event. In the event of rescheduling the event, the Customer is entitled to cancel his admission ticket with a refund of the admission price, unless the event is part of a programme. The Service Provider is entitled to change an offline event into an online event if circumstances require so. This does not entitle the Customer to a refund, unless otherwise agreed.
Clause 11 Force Majeure
- In the event of force majeure, the parties are entitled to interrupt or reschedule the agreement. Force majeure applies, among other things, if the execution of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties, such as illness, accidents, fire, a pandemic or government measures.
- If a situation as described in the first paragraph of this Clause arises, or if other circumstances occur as a result of which the contract can temporarily not be continued, obligations will be suspended as long as the parties are unable to fulfil their obligations. In such a situation, the parties jointly seek a solution. If this situation continues without an appropriate solution, both parties shall be entitled to dissolve the contract in writing without any obligation or entitlement either to compensation or to have the obligations and performance under the contract prior to that time reversed (ongedaanmaking). The costs incurred and hours worked up to that point will become immediately due and payable.
- In case of a B2B contract, the parties are obliged to reschedule the work and the payment obligation remains in force.
- If the Customer wishes to reschedule the contract due to Covid, but government measures do not prevent continuation, whether or not in an adapted form, the Service Provider is entitled to charge the costs associated with this rescheduling.
Clause 12 Liability for Damage or Loss
- The Service Provider shall not be liable for any damage/loss arising from this contract, unless the damage/loss was caused intentionally or by gross negligence.
- The Service Provider does not give any guarantees in any way and is not liable for complications that arise at the Customer during or after the execution of the contract.
- The Service Provider shall not be liable for any damage/loss arising due to reliance on incorrect or incomplete information provided by or on behalf of the Customer.
- The Customer is ultimately responsible for checking the quality of the work carried out.
- The Customer remains at all times responsible for the application or execution of knowledge or actions as gained during the agreement.
- The Service Provider has no influence on and is not liable for acts or delays by third parties.
- In the event that the Service Provider should owe any compensation to the Customer for causing direct damage, such compensation shall not exceed the amount invoiced by the Service Provider to the Customer in the three months preceding the occurrence of the damage, unless standards of reasonableness and fairness dictate otherwise.
- The Customer indemnifies the Service Provider against all claims from third parties relating to the services and content provided by the Service Provider.
Clause 13 Intellectual Property
- The intellectual property rights to the materials and advice made available to the Customer by the Service Provider belong to the Service Provider. It is expressly prohibited to reproduce, disclose or make available to third parties the material and documentation provided without prior permission.
- Any action conflicting with the provisions of this clause shall constitute an infringement of copyright.
- In the event of an infringement, the Service Provider shall receive a sum that is at least three times the regular license fee for such use, without losing any entitlement to compensation for any other damage/loss suffered.
- It is not allowed to make video and/or sound recordings during group training. During a one-to-one session, the possibility will be given to record a call.
- The Service Provider shall announce in advance whether image and/or videos shall be made during the execution of the contract for promotional purposes, so that the Customer may object if he/she does not want to be part of the promotional material. If the Customer wishes to use any of the images and/or videos on social media, the name of the creator of the image and/or video must be stated.
Clause 14 Special Provisions
- Both parties are bound to secrecy with regard to all confidential information that they have obtained in the context of their contract.
Clause 15 Complaints
- In the event of any complaint about invoices and/or quotations, the Customer must notify the Service Provider within 14 calendar days after the complaint has arisen, in writing and giving reasons.
- The Service Provider must be given the opportunity to rectify the shortcoming.
- Lodging a complaint does not suspend the payment obligation.
Clause 16 Dispute Resolution
- These general terms and conditions are subject to Dutch law.
- The parties shall not apply to the courts unless they have already made every effort to settle any dispute by mutual agreement.
- All disputes shall be settled by the competent court in the district in which the Service Provider has its place of business, unless otherwise provided by law.
- Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against the Service Provider and any third parties involved shall be 12 months.
Additional provisions retreats
Clause 17 Offer and Registrations
- Registrations for a retreat must be completed in time before departure, as stated on the website.
- If a minor wants to participate in a retreat, the minor must demonstrate that his parent(s) or legal guardian(s) have given permission to make a booking and the Service Provider must see a match.
- The duration of the retreat depends on the situation and is stated in the booking process.
- The photos shown on the website are provided by third parties and are solely meant to give you an impression. It is possible that the accommodation on site differs slightly from the photos.
- After paying the deposit, the Customer will receive a booking confirmation by e-mail. The full amount must be paid before departure.
Clause 18 Rates and Payments
- The contract is entered into for a definite period of time, unless the nature of the contract dictates otherwise or if parties expressly agree otherwise in writing.
- The stated rates are exclusive of VAT and flights or other transport.
- There may be a surcharge for a single room.
- The Service Provider has the right to increase the price of the retreat by a maximum of 8% up to 20 days before departure, if this increase is justified by an increase in the costs that the Service Provider must incur. In case of an increase of more than 8%, the Customer is entitled to cancel the trip free of charge.
- After registration, the Service Provider will send an invoice for a deposit for the retreat. This deposit must be paid within 14 calendar days after registration. The remaining part of the payment must be paid no later than 8 weeks before the start of the retreat. For bookings less than 8 weeks before the start, the full amount must be paid immediately.
- If the Customer is in default of timely payment, a reminder will be sent to the Customer, giving him 14 days to fulfil his payment obligations. If payment is not made by that date, the contract shall be deemed to have been cancelled. The Service Provider shall set off amounts already paid against the amounts resulting from the cancellation conditions.
- If an invoice is not paid on time, the Customer shall owe statutory interest on the amount owed from the date of default.
- The Service Provider is entitled to use other payment terms when circumstances require this.
Clause 19 Provision of Information
- The Customer shall provide all information relevant to the implementation of the contract to the Service Provider in good time. This also includes information about allergies, dietary requirements and medication.
- The Customer is responsible for the accuracy, completeness and reliability of the information provided, even if it originates from third parties. The Service Provider shall keep all information confidential.
- The Customer indemnifies the Service Provider against any damage or loss arising from failure to comply with the provisions of this clause.
Clause 20 Amendment and Cancellation of the Retreat
- In case of cancellation there will be no refund of the deposit. The following cancellation costs also apply:
– Two months before the start: refund of 50% of costs.
– One month before the start: refund of 25% of costs.
– Within a month before the start : no fees will be refunded. - The Customer is entitled to cancel the travel contract free of charge within 24 hours after conclusion of the travel contract, without stating reasons, unless the agreement is concluded within 8 weeks before departure.
- Deviating conditions, such as those set by the insurance company or a flight company, may apply to a cancellation. The Service Provider is only responsible for the costs of the organization. The Service Provider advises to take out a cancellation insurance and to only proceed with the purchase of flight tickets when the retreat has been officially confirmed. The Service Provider bears no responsibility for the early purchase of flight tickets or the failure to take out cancellation insurance.
- Participation in a retreat can only be transferred by mutual agreement.
- The content of the offer during the retreat is determined by the Service Provider. However, the published programme is of an indicative nature and represents a best-effort obligation. The programme can be adapted to relevant actual circumstances, including terrain conditions, weather conditions and other factors. Service Provider is not liable for necessary changes in the programme, but will make every effort to maintain the quality of the retreat as much as possible. Changes to the program are no reason for free cancellation.
- After the registration confirmation, a retreat can be cancelled if the minimum number of participants as stated in the offer is not reached. If there are sufficient participants, the Customer will receive a confirmation email in order to book the flights.
- If the retreat is cancelled by the Service Provider, the Customer is entitled to a refund of the amount already paid to the Service Provider, but cannot claim any damages or any other compensation, unless a legal obligation stipulates otherwise.
Clause 21 Participation in Activities and Retreats
- The Customer is responsible for booking flights, insurance - and any cancellation thereof - and other travel documents. Participation without travel insurance is not possible.
- Participation in a retreat and/or activities is at your own risk. The Service Provider, as well as the other parties involved in the contract, will protect the Customer's safety as optimally as possible. However, the Customer remains responsible for his or her actions. In case of sports activities, the Customer is responsible for taking precautions so that no injuries and/or accidents occur. The Customer is responsible for ensuring that physical limitations are observed.
- The Customer is obliged to follow the directions and instructions of the Service Provider, guides and other persons involved at all times.
- The Customer is expected to behave properly during the retreat and activities. Unacceptable behaviour may result in termination of the retreat or activity without refund.
- Participation in the programme is completely voluntary. The Customer is free to refrain from following the programme. However, this does not entitle the Customer to a refund of the amount paid or to a replacement class or activity.
- The Customer must at all times comply with the applicable house rules of the relevant accommodation.
- Making image and/or sound material is only permitted with the prior consent of the Service Provider.
Clause 22 Liability for Damage or Loss
- Service Provider shall not be liable for any damage arising from this contract, unless the damage was caused intentionally or with gross negligence, or the damage was caused by death or injury of the Customer. Participation in the retreat or activity is at your own risk.
- The Service Provider shall not be liable for any damage/loss arising due to reliance on incorrect or incomplete information provided by or on behalf of the Customer.
- The Service Provider cannot be held liable if the Customer has not followed the instructions.
- The Service Provider shall not be liable for theft, loss or damage to personal property during the retreat.
- The Service Provider shall not be liable for any damage caused by the actions of other Customers.
- The Service Provider shall not be liable for not being able to organise the retreat due to force majeure situations.
- The Service Provider shall not be liable for damage covered by insurance, including but not limited to travel insurance.
- The responsibility of having the correct travel documents and documents lies with the Customer. If at departure or during the trip it turns out that the Customer does not have the required equipment and cannot participate further, the Customer is not entitled to a refund of the travel price.
- The Customer remains at all times responsible for the application or execution of knowledge or actions as gained during the retreat.
- In the event that the Service Provider should owe any compensation, the liability will in any case be limited or excluded to the limits permitted under the relevant international treaties and/or regulations that relate to the travel services and such compensation shall not exceed the amount of the travel sum.