GENERAL TERMS AND CONDITIONS - AYA HEALTH WORLDWIDE
1 Definitions
1a. In these general terms and conditions and agreements to which they apply, the following definitions apply:
The provider: Maike Liselot van Meulen – AYA Health Worldwide, address: H.N. Freericksstraat 14, 5165 ES Waspik, the Netherlands. Chamber of Commerce number 64977137.
The client: the natural person who wishes to purchase or purchases a specific service or product from the provider, or the legal entity acting in the exercise of a profession or business and who wishes to purchase or purchases a specific service or product from the provider.
An agreement: the agreement for the purchase of products or the provision of services between the provider and the client, and all further actions between the provider and the client concerning the sale and delivery of products and/or services, including offers and registration procedures, and including the applicable general terms and conditions.
Products: the products sold and delivered or to be sold and delivered by the provider to the client, either online or otherwise, such as online training and (e-)books.
Services: the services to be provided or delivered by the provider to the client, such as events or sessions.
The general terms and conditions: These general terms and conditions.
Program: a program offered by the provider consisting of various components, such as a workshop, deepening group, or sessions, given over a longer period as specified by the provider and aimed at individual guidance for the client or participant.
Sessions/trajectory: a conversation or series of conversations between provider and client focused on individual guidance of the client.
Sessions/deepening group: a learning process in which the client/participant individually or in a group gains insights and practices applying them or learns to apply them in practice.
The participant: a (additional) participant designated by the client for a program.
Online learning program: the workshop or program selected by the client from the provider's online offerings via an online platform.
2 General
2a. These general terms and conditions, excluding any third-party conditions, apply to every delivery of products and services by the provider to the client. All related agreements and related actions, both preparatory and executive, such as offers and deliveries, are included.
2b. The applicability of other general terms and conditions – including those of the client – is excluded.
2c. Deviating conditions are valid only if explicitly accepted in writing by the provider and apply only to the specific agreement concerned.
2d. Changes and additions to any provision in the agreement are valid only if recorded in writing and signed by both parties.
2e. If any provision of these general terms and conditions or the agreement is, for any reason, invalid, the remaining provisions remain in force.
2f. If any provision of the general terms and conditions or the agreement is invalid for any reason, the parties shall negotiate the content of a new provision that approximates the original provision as closely as possible.
2g. The term 'in writing' in relation to communication between the provider and the client also includes 'electronic communication': communication via the internet and email. The provider's electronic system is considered the sole evidence of the content and timing of receipt and dispatch of the relevant communication via internet and email.
2h. The provider's offer is aimed at both clients acting as private individuals and clients acting in the exercise of a profession or business.
2i. These general terms and conditions also include the established guidelines. Agreeing to the general terms and conditions means agreeing to these guidelines. The guidelines can be found here.
3 Formation of the Agreement
3a. The agreement for attending a workshop, session/trajectory, or program is established by agreeing via email or through the provided registration or sign-up form, or by digital registration by the client in accordance with the provider's stated registration conditions.
3b. The provider will inform the potential client as soon as possible via email at the provided email address whether they (or the (additional) participant) have been accepted for a workshop, session/trajectory, or program.
3c. As long as the notification mentioned in article 3b has not taken place, no agreement has been formed for attending a workshop, session/trajectory, or program, and the client may cancel the registration.
3d. After registration, the client has a 3-day reflection period during which the registration can be canceled free of charge. This must be done digitally or in writing. The reflection period expires if the first moment of the workshop, session/trajectory, or program occurs within the reflection period and the participant has taken part.
3e. The agreement for the purchase of a product is established by the client's electronic acceptance of the (online) offer from the provider and compliance with the associated conditions.
3f. The agreement for attending an (online) workshop, session/trajectory, or program is established through digital registration by a client, in accordance with the stated registration conditions aimed at forming an agreement to participate in the respective (online) workshop, session/trajectory, or program.
3g. Offers from the provider are non-binding until an agreement or confirmation has been established between the provider and the client, at least via email.
4 Prices
4a. Prices are non-binding unless they are included in an agreement. The most up-to-date prices of the provider are listed on the provider’s website.
4b. The prices stated by the provider are exclusive of VAT and all other levies, duties, or charges owed in connection with the execution of the agreement.
4c. Travel and accommodation costs related to attending (parts of) a workshop, session/trajectory, or program on location, as well as the cost of recommended literature, are not included in the prices for a workshop, session/trajectory, or program—unless explicitly agreed otherwise.
5 Invoicing and Payment
5a. The client must pay the amounts due, including VAT, no later than on the agreed payment dates or within the agreed payment terms.
5b. The provider sends the client invoices for services and products delivered or (in the case of advance payment) yet to be delivered.
5c. The provider is entitled to send invoices electronically to the email address provided by the client.
5d. The provider is entitled to charge fees for invoicing the client.
5e. Unless otherwise agreed, invoices must be paid within 30 days of the invoice date.
5f. If advance payment is required for the delivery of services or products, the client is not entitled to delivery until full payment has been received by the provider.
5g. Payment must be made to the provider’s bank account without any discount, deduction, or offset. The value date indicated on the provider’s bank statements is considered the date of payment.
5h. If the client fails to pay the full amount due within an agreed payment term or by the agreed payment date, the client will be in default by operation of law, without any notice of default being required. From the date of default until the date of full payment, the client owes late payment interest on the outstanding amount per month or part thereof, whereby part of a month counts as a full month. This is without prejudice to the provider’s right to claim full compensation under the law. The applicable interest rate is the statutory rate for the year in which the default occurs.
5i. All collection costs of the amounts owed by the client, both judicial and extrajudicial, are at the client’s expense. These include costs related to seizures, bankruptcy petitions, collection costs, and fees for lawyers, bailiffs, and other experts engaged by the provider. Extrajudicial collection costs are determined based on the Dutch Act on the Standardization of Extrajudicial Collection Costs (Wet normering buitengerechtelijke incassokosten).
5j. The client must submit complaints regarding invoices by registered letter with confirmation of receipt to the provider no later than eight days after the invoice date. Failing this, invoices are deemed accepted and approved by the client, and complaints regarding them will no longer be accepted.
5k. Incoming payments will always be applied first to judicial and extrajudicial costs and interest, and then to the oldest outstanding payment obligations to the provider, regardless of any other instructions by the client.
6 Provider’s Rights Regarding the Execution of a Program
6a. The provider reserves the right to modify the content of workshops, sessions/trajectories, or programs during the course of delivery for reasons of qualitative improvement.
6b. The provider reserves the right to determine the group size for workshops and programs.
6c. The provider may reschedule components of workshops, sessions/trajectories, and programs in terms of location or timing.
6d. The provider may determine which individual will deliver a workshop, session/trajectory, or program, and may replace that individual if necessary.
6e. In the event of insufficient registrations or for other reasons deemed valid by the provider, the provider may cancel a workshop, session/trajectory, or program entirely before it begins. Accepted clients (participants) will be informed accordingly, and no reasons need be provided. In such cases, their payment obligations will lapse and/or payments already made will be refunded.
6f. The provider may refuse participation of a particular client (participant) during a workshop, session/trajectory, or program for reasons deemed valid by the provider. The client/participant will be notified, and no justification is required. In such cases, their payment obligations will lapse, and payments already made will be refunded pro rata for services not yet rendered.
7 Obligations of the Client and Participants
7a. The client (or an additional participant designated by the client) is responsible for providing accurate and complete information requested by the provider and/or essential for the workshop, session/trajectory, or program.
7b. An (additional) participant is bound by the provisions contained in the agreement (including these general terms and conditions).
7c. The client guarantees that they and any (additional) participant designated by them will comply with the provisions of the agreement (including these general terms and conditions) that apply (in part) to participants.
7d. The components of a program must be completed within the period specified for the program.
7e. The client or any additional participant designated by them must adopt a cooperative attitude, based on a positive mindset, when attending a training, coaching session/trajectory, or program.
8 Cancellation by/termination of and hindrance for the client/participant
8a. The client is entitled to cancel their own participation or that of an (additional) participant and to terminate an agreement relating to participation in a workshop, session/trajectory, or program.
8b. Cancellation of a trajectory or program and termination of the agreement must be done by the client by means of a registered letter sent to the address of the provider listed on the provider’s website.
8c. Cancellation of a one- or multi-day workshop or a stand-alone session must be submitted in writing via email to the provider’s address.
8d. If the client cancels a workshop, trajectory, session, or program:
100% of the cost of the canceled hours or agreed total fee is owed if cancellation takes place within 60 working days (12 weeks) before the start.
50% of the cost is owed if cancellation occurs between 90 and 60 working days (18–12 weeks) before the start.
8e. If the client cancels a one- or multi-day workshop or deepening program:
100% of the cost is owed if cancellation occurs within 30 working days (6 weeks) before the start.
50% of the cost is owed if cancellation occurs between 40 and 30 working days (8–6 weeks) before the start.
8f. If the client cancels a stand-alone session:
100% of the cost is owed if cancellation occurs within 24 hours before the session.
50% of the cost is owed if cancellation occurs between 48 and 24 hours before the session.
A maximum of 25% of the cost is owed if cancellation occurs more than 48 hours before the session.
8g. The client owes 100% of the total agreed fee if they, without canceling, do not make use of the agreed services of the provider.
8h. In case of timely cancellation, prepaid amounts will be refunded within 14 working days minus the non-refundable deposit, provided that any received materials have been returned. No refund will be given if a substitute participant attends the program as described in article 8i.
8i. Upon cancellation of participation in a trajectory or program, the client may designate another participant to take their place within 7 working days after cancellation. The provider reserves the right to accept or decline the substitute participant.
8j. Cancellation/termination of an online workshop, session, or annual program agreement is not possible once the agreement has been concluded, unless otherwise specified.
8k. Rescheduling of planned one-on-one conversations in a session trajectory/program is only possible in exceptional circumstances, at the sole discretion of the provider. Missed appointments cannot be rescheduled and do not result in a change (reduction) of the client’s (payment) obligations.
9 Cancellation by the Provider During a Trajectory or Program
9a. The provider is entitled to cancel a session trajectory or program during its course without stating reasons. In such cases, the client is entitled to a refund of the amounts paid by them, minus the amounts due for services already rendered.
10 Liability
10a. The provider will carry out her services related to workshops, sessions, and programs to the best of her knowledge and ability. However, the final result also depends on factors outside of the provider’s control. Therefore, the provider does not guarantee any particular outcome from her services.
10b. Regarding the delivery of products, the provider’s liability is limited to either providing a replacement product or refunding the amount paid by the client in the case of a defective delivery.
10c. The provider is not liable to the client/participant(s) for any damage resulting from any failure to meet obligations or from damage directly or indirectly caused by the execution of an agreement.
10d. The provider is not liable for damage resulting from errors or omissions of third parties or auxiliary persons engaged by the provider.
10e. The provider is not liable for damage resulting from a failure of the client/participant(s) to fulfill the obligations outlined in article 7, or for any consequential damage.
10f. If and insofar as the provider is found liable on any ground, such liability shall be limited to direct damages only and capped at the amount paid out by the provider’s liability insurance, which covers the relevant damage.
10g. Aside from the case described in article 10f, the provider’s liability is in any case limited to the amount charged for the service that caused the damage.
10h. The client/participant shall never hold the provider’s staff personally liable in connection with the agreement.
10i. Any claim against the provider, except for one that has been acknowledged by the provider, expires 12 months after the claim arises.
10j. Employees or third parties involved by the provider in the execution of an agreement may invoke all defenses under the agreement as if they were parties to it themselves.
11 Force Majeure
11a. If the provider is prevented from performing the agreement (further) due to force majeure of a permanent or temporary nature—regardless of whether the force majeure was foreseeable—the provider is entitled, without any obligation to pay compensation, to terminate the agreement in whole or in part by written notice and without judicial intervention. This is without prejudice to the provider’s right to receive payment from the client for services already rendered before the force majeure situation occurred, or to suspend (further) execution of the agreement in whole or in part.
11b. The provider will inform the client/participant of the force majeure situation as soon as possible. Where possible, the parties will seek a solution in consultation, such as in the case of illness, economic or geopolitical circumstances, or conflicts. Rescheduling of planned activities will be reviewed and communicated accordingly.
11c. In the event of suspension, the provider remains entitled to terminate the agreement in whole or in part.
11d. Force majeure includes all circumstances that temporarily or permanently prevent the provider from fulfilling her obligations, such as illness or death of an individual or employee, civil unrest, war, power outages, computer failures, internet outages, (mobile) phone disruptions, and any other circumstances in which it cannot reasonably be expected that the provider will fulfill her obligations to the client/participant.
12 Execution by Third Parties
12a. The provider is entitled to engage third parties for the execution of an agreement.
13 Confidentiality
13a. The provider will not disclose any substantive information received from the client (or participant(s)) in the context of executing an agreement, unless otherwise agreed or required by law or regulation.
13b. The client and/or the participant(s) are obligated to maintain confidentiality regarding all confidential information they have obtained in the context of executing the agreement related to a workshop, session/trajectory, or program of the provider or of other clients/participants. Information is considered confidential if it has been communicated as such by the provider/other participant(s), or if this follows from the nature of the information. In case of doubt, the information is considered confidential.
14 Intellectual Property Rights
14a. The intellectual property rights concerning workshops, programs, documents, books, handouts, lectures, exercises, meditations, offers, website content, e-zines, emails, models, techniques, and other materials and information created by the provider or used software rest with the provider or her licensors, unless another rights holder is indicated.
14b. Intellectual property and copyright related to the items mentioned in article 14a are not transferred under the agreement, unless explicitly agreed in writing.
14c. Without prior written permission from the provider, it is not allowed to edit, reproduce, or disclose any concept, material, or information provided by the provider, in whole or in part, via any medium, or to make it available or accessible to third parties, whether for compensation or not.
14d. It is not allowed to remove or alter any indication of rights from the information provided by the provider.
15 Suspension and Termination
15a. If: the client fails to meet their payment obligations to the provider on time or in full; the client files for bankruptcy, is declared bankrupt, or applies for a moratorium; a decision is made or action is taken to liquidate or end the client’s business operations; the client or participant, even after written notice with a reasonable deadline, fails to fulfill their obligations to the provider, then the client is in default by operation of law. The provider has the right to immediately terminate the agreement in whole or in part, refuse further participation of the client and/or designated participant(s) in a program, or suspend the execution of services. This is without prejudice to other rights under the law. The provider is not obligated to refund amounts already paid or pay any damages and remains entitled to unpaid amounts that become immediately due as a result of the default.
15b. Upon termination of the agreement, the provisions that by their nature are intended to survive will remain in effect. This includes, but is not limited to, provisions regarding confidentiality and intellectual property.
16 Personal Data
16a. The provider treats personal data received in the context of the agreement with the client with strict confidentiality and in accordance with applicable privacy laws and regulations (General Data Protection Regulation – GDPR).
Applicable Law and Jurisdiction
17a. All agreements concluded between the parties are governed by Dutch law. The 1980 Vienna Convention (CISG) does not apply.
17b. Any disputes arising from or related to an agreement will initially be submitted to the legally competent court in the district where the provider is established, without prejudice to the provider’s right to submit a dispute to another court competent under the law or treaty.
18 Amendments
18a. The provider reserves the right to amend these general terms and conditions. The client/participant is deemed to have accepted such amendments if they do not submit a written objection within 14 days after notification by the provider that changes will take place.
Gebruikers Voorwaarden
Aanvullende bij deze algemene voorwaarden behoren ook de gebruikersvoorwaarden.
User Terms and Conditions General User Guidelines – AYA Health Worldwide
Definitions
1.1 "User" refers to any person who has access to the services, materials, or sessions of AYA Health Worldwide, including but not limited to subscribers, participants in Zoom sessions, and recipients of audio files.
1.2 "Materials" include all content provided by AYA Health Worldwide, including audio files, audiobooks, Zoom sessions, videos, presentations, documents, and other shared information.
1.3 "Third Parties" refer to individuals or entities other than the registered user, such as family members, friends, colleagues, or other acquaintances.
1.4 "Recordings" include audio recordings, video recordings, screenshots, photography, or other reproductions of shared materials.
Ownership Rights of Content
2.1 All materials provided by AYA Health Worldwide remain the exclusive property of AYA Health Worldwide at all times.
2.2 Users do not acquire any rights, including copyrights or intellectual property rights, regarding the shared materials.
2.3 It is prohibited to reproduce, distribute, modify, or disclose materials without prior written permission from AYA Health Worldwide.
User Guidelines
3.1 The materials provided are intended solely for the user’s personal use.
3.2 It is prohibited to share materials, in whole or in part, with third parties or make them available in any form without explicit permission.
3.3 During (Zoom) sessions, events, or other formats, it is prohibited to make any recordings, including:
Audio recordings
Video recordings
Screenshots or any other forms of digital reproduction
User Responsibilities
4.1 The user is responsible for complying with these guidelines and must ensure that shared materials are not unlawfully used or distributed.
4.2 If the user becomes aware of any misuse, they must immediately report it to AYA Health Worldwide.
Monitoring and Enforcement
5.1 AYA Health Worldwide reserves the right to monitor compliance with these guidelines and to take appropriate measures in case of violations.
5.2 In the event of a violation, AYA Health Worldwide may:
Immediately terminate the user’s access to services or materials
Deny future access to programs or materials
Take legal action to claim damages
Sanctions for Violations
6.1 In case of a violation, AYA Health Worldwide reserves the right to:
Immediately block access to all materials and services
Claim compensation for loss or damage resulting from the violation
6.2 Violations may result in additional legal actions depending on the severity of the misuse.
Thank You for Your Respect and Cooperation
7.1 Thank you for respecting these guidelines and for honoring AYA Health Worldwide’s creations.
7.2 If you wish to share your enthusiasm with others, feel free to refer them to www.ayahealthworldwide.com. There, they can register themselves to receive audio files and more.
Agreement Statement
8.1 By using the services and materials of AYA Health Worldwide, the user automatically agrees to these guidelines and commits to adhering to them.
Applicable Law
9.1 These guidelines are governed by Dutch law and are designed to ensure a respectful and safe environment for all users.