Terms and Conditions
We are Mind5 Training B.V. and we are looking forward to challenging and empowering you! Within these Terms, if we say you, we mean you as our client. If we say Parties, we mean you and us as contracting parties.
Below are the key terms that apply to our services. They are used within the Terms set out below (the Terms), which apply in full.
Key terms
We help you to find your Optimal Performance Level through our training programs.
You can request an intake with one of our professionals, after which we will provide you with a non-binding personal offer. If you wish to agree to our offer, you are invited to sign up for one or more of our training programs. Alternatively, you can fill out the online registration form and purchase the training program via one of our websites, which include: www.mind5training.com and www.mind5training.nl.
After we have received your payment, we will grant you access to our training program(s).
Your participation and commitment are required in order for you to realise the full value of our services. If you have completed the training program(s) successfully, we will provide you with a certificate of completion.
After enrolment, you can cancel at any time within the first 14 days. If you cancel, you will receive a full refund. After 14 days, you are bound for the full contract period. Most of our training programs run for a period of one year after the start date. For the avoidance of doubt: you waive the right to cancel, when you start with the Training Program within the first 14 days.
We act to the best of our knowledge and ability and in accordance with the requirements of professional practices. The results of the training program(s) may vary between participants. Generally, the more effort that is put into the training program, the better the result.
Some participants may find our training program to be emotionally or physically intense at times. During the training program, you remain responsible for your own actions. If you have any doubts about whether you are able to execute an exercise, please let us know and ask your general practitioner for advice.
The materials we use, as well as conversations with us and other participants within the training program, are confidential. You may not copy, reuse, share or publish the training program, methods or materials that we share with you.
If you have any questions or concerns about our Terms, please let us know via info@mind5training.com.
GENERAL TERMS AND CONDITIONS
About Mind5 Training and our services
We are Mind5 Training B.V. (Mind5 Training). Our office is located at Veilingweg 1, 5301 KM, Zaltbommel, the Netherlands. We are registered with the Dutch trade register under the number 77915852. Our websites include www.mind5training.com, www.mind5training.nl and other affiliated websites. In these Terms we refer to them simply as the Website. Our services
We offer a variety of training programs to help you find your Optimal Performance Level (each a Training Program). Our Training Programs are based on the Mind5 M.E.T.H.O.D. (the Method) and the (written) development of the Method (the Concept).
In general, we offer online courses and exercises, virtual (group) training and in-person coaching, alongside an online (learning) community. The details of each Training Program are specified in our final Agreement (as defined in Article 2.3 below).
Each Training Program is made available via our protected online platform (the Mind5 Platform). Hereinafter, we refer to the Training Programs and the Mind5 Platform together as our Services.
We execute our Services with due care and take your best interests into account. We have a best efforts obligation.
Agreement
Before we start
If you wish to participate in a Training Program, you may request an intake with one of our professionals to discuss what you want to achieve. Based on the intake, we will send you a non-binding personal offer with the details of the Training Program that we recommend, as well as a payment link.
Our personal offer shall be based on the information provided by you. We may assume the information you have provided is valid and complete.
Agreement
You can accept the personal offer or purchase a Training Program directly through our Website, by filling out the online registration form and completing the payment. You will receive a receipt shortly after completing the payment. These steps shall constitute our final Agreement.
Cancellation
Mind5 has the right to cancel the Agreement in writing, including by email, within five working days after we have received the payment. We may decide to cancel in case we think our Services cannot sufficiently help you. We shall reimburse the fee for the Training Program, in full, within 10 working days.
You have the right to cancel the Agreement in writing within fourteen days after Parties have entered into the Agreement. In order to cancel the Agreement, please send an email to info@mind5training.com. However, you have waived your right to cancel the Agreement if you start with the Training Program within the period of fourteen days after Parties have entered into the Agreement. In that event the execution of the Agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right to cancel.
If you use the right to cancel the Agreement in time, we shall refund the payment within 10 working days after the cancellation, to the same bank account that the payment was originally received from.
Account, login and use of the Services
You will be provided with a personal account and access to the Mind5 Platform after we have received your payment.
Your account is strictly personal. You are not allowed to give other parties access to your account or to our Services. Passwords must be treated confidentially and you are responsible for choosing a unique and strong password.
You are responsible for all activities on your account after it has been activated. If you have reason to believe your account has been compromised, you must report this to us as soon as possible.
We have the right to (temporarily) block access to accounts if we have reasonable belief that your account is being used in a manner that is against the law or contrary to these Terms. Furthermore, we reserve the right to take any other measure we deem appropriate given the circumstances at hand.
Online training sessions and coaching sessions
The dates and times of online (group) training sessions are announced within the Mind5 Platform. You are responsible for registering for any available (group) training sessions which are a part of your Training Program delivered via the Mind5 Platform as soon as possible after publication of the schedule.
For the individual coaching sessions that are part of your Training Program, the Parties shall make an appointment via an online schedule.
Cancellation
Registration for a training session or coaching session may be cancelled a maximum of two times by cancelling the calendar invitation and sending an email to: info@mind5training.com, giving at least a 24-hours notice. If the cancelation is received more than 24-hours in advance, you may register for another online (group) training session or coaching session. If a scheduled training session or coaching session is cancelled more than two times during the Training Program, or with less than 24-hours notice, the session is deemed to have taken place
You may request a new or additional training or coaching session, for which we may charge additional costs.
Participants who have not cancelled an earlier training session have preference over those who have cancelled an earlier training session. We try to accommodate every participant, however, we do not guarantee the right to participate after cancellation of earlier training sessions.
Assessments and certificate
You will be asked to complete certain (online) assessments during the Training Program. Completed assessments are to be uploaded to your account.
We have access to your uploaded assessments in your account in order to monitor your development and to review your assessments.
During the Training Program we shall evaluate your development and participation. If you have completed the Training Program successfully, according to our standards, we shall provide a certificate of completion. The decision to provide a certificate of completion is at our sole discretion.
For the avoidance of doubt: providing feedback, either during the Training Program or afterwards, is not a part of the Training Program.
For the avoidance of doubt: we treat (the information of) the assessments that you upload confidentially and we solely use it for the intended purposes as set out in articles 5.2 and 5.3.
Community
During the Training Program you are invited to participate in online community discussions facilitated via the Mind5 Platform.
Online discussions are actively moderated, however, the following rules apply:
a. Each participant is to be treated with respect;
b. Information that participants share with each other is to be treated confidentially. You may not disclose any information shared by other participants to third parties, or use this information against other participants. This provision shall remain in force after the Agreement has ended.
c. The provisions as set out under article 6.2 sub a and b also apply to the private chat messengers between the participants, even though they are not monitored by us due to privacy reasons.
An infringement of the provision set out in Article 6.2 (sub. b.) may result in our Agreement being terminated.
Your further obligations
You acknowledge and understand that in order to realise the full value of our Services, your participation and effort are required.
You shall provide all required information needed to deliver the Services, as requested by us, in time and correctly. If you do not provide the required information in time, we may suspend the execution of our Services.
Instructions by Mind5 staff regarding safety prior to and during the Training Program must be followed at all times.
During the Training Program you remain responsible for your own actions. If you have any doubts about whether you are able to execute an assessment, you should ask your general practitioner for advice.
Availability and maintenance of the Mind5 Platform
We ensure that the Services shall be kept available for use for the entire duration of the Agreement. We endeavour to keep the Mind5 Platform up and running 24 hours a day, 7 days a week. During maintenance, however, the Mind5 Platform may be unavailable. We also endeavour together with our software provider to notify you of such maintenance in advance and to limit the impact of such maintenance on the availability of the Mind5 Platform.
We have the right to adjust the Mind5 Platform. This includes, but is not limited to, changing, removing or adding certain features or functionalities of the Mind5 Platform.
We do not guarantee that the Mind5 Platform is completely free of error. Please inform us immediately of any errors, bugs or malfunctions of the Mind5 Platform. We shall then do our utmost to resolve the problem as quickly as possible.
Pricing
The prices listed on our Website are indicative and no rights may be derived from them.
List prices include Dutch VAT but exclude other expenses such as levies by relevant authorities, travel costs, shipments, administration costs and invoices of third parties. We shall specify any extra costs in the Agreement, where applicable.
We reserve the right to adjust our prices in the case of a renewal of the Agreement.
Payment conditions
You may pay on our Website or via the payment link that we send you.
If we send you an invoice, you need to pay the invoice within 14 days of the invoice date.
If you fail to meet the payment obligation on time, you are automatically in default (verzuim), without a notice of default (ingebrekestelling) being required. In the case of default:
a. You owe us the statutory commercial interest. Alternatively, if you act as a private individual (consumer) and not as a business, you owe us the statutory interest. From the date on which the payment was due, the statutory (commercial) interest is due until the day of full payment, whereby interest over a part of the month is calculated as an entire month.
b. You also owe us all extrajudicial costs calculated at 15% over the total outstanding invoice. Alternatively, as a consumer, you owe us the statutory extrajudicial costs.
c. We may suspend the execution of the Agreement and deny you the access to your account until the day of full payment.
Any outstanding amounts are immediately payable in the instances set out in article 11.4 (sub a. to f.)
Duration, termination and renewal
Each Agreement shall be valid for a period of one year after the agreed start date, after which the Agreement automatically terminates without any notification of termination being required. The start date shall be agreed upon by the Parties and laid down in the Agreement.
You cannot terminate the definite Agreement in the interim, unless you make use of your right of cancellation as set out in article 2.5.
Before the end of the Agreement, we may send you an invitation to renew the Agreement.
In the case of the following events, we reserve the right to terminate the Agreement in writing with immediate effect, without the obligation to compensate for any damage resulting from termination:
a. You fail to meet the obligations as set out in article 6.2, article 14 and article 15 of the Terms;
b. You fail to pay within the payment term;
c. You are bankrupt or have applied for bankruptcy;
d. You are granted a suspension of payment or you have applied for a suspension of payment;
e. You (company) are dissolved or liquidated;
f. You (private individual) are placed under guardianship or are deceased.
Suspension, Force Majeure
We may temporarily suspend the execution of the Agreement if we cannot comply because of force majeure. We are not liable for any damages in the case of a force majeure.
If the force majeure takes place for a period that exceeds 3 months, both Parties are allowed to terminate the Agreement in writing for the part that has not been fulfilled, without the obligation to compensate the other party for its damages as result of the termination.
Third parties
We may involve third parties to (partially) perform the Services. The following articles of the Dutch Civil Code (Burgerlijk Wetboek) do not apply: articles 7:404, 7:407 section 2 and 7:409 of the Dutch Civil Code.
Intellectual property
Any plans, documents, pictures, drawings, programming, creations, related information and materials that we share with you remain our (intellectual) property. Moreover, we hold the intellectual property rights on the content of the Training Program, in the broadest sense of the word, the Method and the Concept.
You may not copy, reuse, share or publish the Training Program, methods or materials that we share with you, or in any other way infringe the rights of our intellectual property as set out in article 14.1.
If you violate our intellectual property rights and/or infringe the provision as set out in article 14.2, you owe us an immediately due and payable fine without a default notice being required. Violation or infringement will incur a fine of € 50,000, payable for each infringement and a fine of € 1,000 for each day that the infringement continues, without prejudice to our right to full compensation and without prejudice to our other (legal) rights.
The provisions of article 14 shall remain in force after the Agreement has ended.
Confidentiality and non-disclosure
Parties shall not disclose any of the information provided by the other party to third parties, unless the party is required by a statutory or professional obligation to disclose the information, or if the information may be used in a legal procedure that involves the other party where the information can be of importance.
You shall not disclose to third parties the contents of agreements, confirmations, offers, or reports from us, whether they are in writing or not.
You shall not disclose any information that other participants of the Training Program share, either with you or amongst themselves, to third parties.
The provisions of article 15 shall remain in force after the Agreement has ended.
Privacy
We take great care in protecting your personal data. More information about the storage and protection of your personal data can be found in the privacy statement (as published on our Website).
Liability
We are not liable for any damage resulting from incorrect or incomplete information you provide.
We are not liable for any damage which is caused by the incorrect use or implementation of our Services, or if you have not complied with our instructions as set out in article 7.3.
We are only liable for direct damages suffered by you as a direct consequence of a shortcoming by us.
If and insofar as we have any liability, the liability shall at all times be limited to the invoice amount paid to, and received by, us for the Services that we have delivered related to your claim.
In any case, our liability shall never exceed the amount paid by our professional liability insurer.
The limitations set out in this article do not apply if the damages are a result of a deliberate act or a result of a gross negligence by us.
Indemnification
You indemnify us from any claims by third parties who suffer damages which are a result of the execution of the Agreement and which cannot be attributed to us.
Complaints
If you have a complaint or question, we would like to hear it. Please send an email with your complaint or question to info@mind5training.com.
We shall process your complaint or question as soon as possible or within five working days. If it takes longer to handle your complaint or question, you shall receive a notification within five working days to confirm that we have received your complaint or question, together with an indication of when we expect to respond.
If you are a consumer, you can also use the ODR-platform (Online Dispute Resolution). This platform offers a simple, efficient, fast and low-cost out-of-court solution to disputes arising from online transactions. For more information see: http://ec.europa.eu/odr.
Applicability of the Terms
These Terms apply to the Services, each proposal, and any other agreement made between the Parties.
The Terms are also available on our Website.
We reserve the right to change the Terms. By making use of our Services, you agree that the most recent version of the Terms apply. Parties may only deviate from the Terms when we have agreed to such a deviation in writing.
Invalidity
The invalidity or unenforceability of any provision of the Terms shall not affect the validity or enforceability of any other provision of the Terms. Any such invalid or unenforceable provision shall be replaced by a provision that is considered to be valid and enforceable, the interpretation of which shall be as close as possible to the intent of the invalid provision.
Conflicting provisions
If any of the provisions of the Terms are in conflict with a provision of the Agreement, the provisions of the Agreement shall prevail.
Applicable law and competent court
These terms are exclusively governed by the laws of the Netherlands and in the case of a dispute the court of Gelderland shall have exclusive jurisdiction.
July 2020 version