Terms and Conditions Practical ACT - January 2022
Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The agreement
Article 5 - The offer
Article 6 - Conditions for participation
Article 7 - Registration
Article 8 - Right of cancellation
Article 9 - Exercise of the right of cancellation by the consumer
Article 10 - Obligations of the entrepreneur in the event of cancellation
Article 11 - Cancellation by the entrepreneur
Article 12 - Accreditation points
Article 13 - The price
Article 14 - Compliance with the agreement and extra guarantee
Article 15 - Delivery and implementation
Article 16 - Payment
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Additional or deviating provisions
Article 20 - Services and digital content
Article 21 - Privacy statement
Article 22 - Acceptable use
Article 23 - Indemnification and liability
Article 1 - Definitions
In these terms and conditions,
1. Offer: this can be a Webinar, Workshop, E -learning or Training, online or in person.
2. Additional agreement : an agreement whereby the consumer acquires digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party. and the entrepreneur;
3. Reflection period : the period within which the consumer can make use of his right of cancellation;
4. Consumer :
1. The natural person who is not acting for purposes related to his trade, business, craft or profession,
2. The professional, the natural or legal person who acts in the exercise of a profession or business
5. Day : calendar day;
6. Digital content : data produced and delivered in digital form;
7. Lecturer : cooperation partner of the entrepreneur who in some cases provides the offer together with the entrepreneur.
8. Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
9. Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
10. cancellation : the consumer's option to waive the distance contract within the cooling-off period;
11. Entrepreneur : the natural or legal person who offers (access to) digital content and/or remote services to consumers;
12. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more remote communication techniques;
13. Technique for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
14. Registration fee : the costs charged for the services and/ or digital content.
Article 2 - Identity of the entrepreneur
1. Jan Supportenberg
Practical ACT
Goeman Borgesiuslaan 77
3515 ET Utrecht
Tel. no : 003130-3690471
Email: [email protected]
Chamber of Commerce no.: 78291038
VAT no.: NL003313547B24
Rack no.: NL37KNAB0403495377
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific service conditions apply in addition to these general terms and conditions , the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
5. These terms and conditions may be amended in the future. If this is the case while the current general terms and conditions apply to the consumer, the current agreement will continue to apply.
6. The consumer is advised to print and/or save a copy of these general terms and conditions for own documentation.
Article 4 - The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment . If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If , on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the service or digital content to the consumer, the entrepreneur will send the following information (in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier):
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can make use of the cancellation right, or a clear statement regarding the exclusion of the cancellation right;
3. the information about warranties and existing after-sales service;
4. the price including all taxes of the service or digital content, insofar as applicable the costs of delivery, the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a cancellation right; the way in which the consumer can use it
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 5 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. The offer is intended for:
1. Persons qualified as professionals to work in the mental health field, including but not limited to psychologists, social workers , nurses, occupational therapists .
2. Individuals qualified to provide guidance in behavioral mechanisms for psychological health and wellness change, such as counselors, therapists, and coaches.
3. Individuals who fall into the aforementioned two categories and are still in training are students.
5. Certain offerings may also be open to clients with specific issues who want to learn more about the subject. Separate rates for participation often but not always apply to this target group.
Article 6 - Conditions for participation
1. If you participate in the entrepreneur's offer, you confirm that you:
1. Are at least 18 years old
2. Are authorized to enter into contracts
3. You are responsible for what you contribute to the group
4. You are able to set your own limits if necessary
5. Be able to abort an exercise if you find it necessary
6. You respect the boundaries of any group members
7. What group members contribute will not share with others
8. Submit your case anonymously
9. You treat my fellow group members with respect and care.
2. Offer can be offered physically or online. The entrepreneur will communicate this clearly.
3. If the offer will take place online, you will have:
1. a device that allows you to participate in video conferencing software,
2. a headset,
3. a webcam,
4. an internet connection suitable for video conferencing with at least 1.5 Mbps (up/down) speed,
5. a power source for the device being used so that it does not fail,
6. any specific software to be downloaded, which the consumer has pre-tested to see if it works on the consumer's device
7. the possibility to sit in a secluded room during the offer or to ensure that housemates cannot hear what is being said by other participants and that housemates are not in the picture or can watch the picture,
4. Online offer may not be recorded on image or sound, unless explicit permission is requested from the entrepreneur.
5. The entrepreneur is not responsible for and cannot be held liable if the participant is unable to participate sufficiently or completely in the offer due to insufficient preparation or technical problems on his part . In that case, the registration fee will not be reimbursed. If other group members have no problems with their devices and the consumer does, the consumer acknowledges that this is due to the consumer's equipment.
6. The consumer must meet the criteria for participation as can be found under 'target group' on the practicalact.com website under the relevant offer. If the consumer does not meet these criteria, the entrepreneur can refuse participation in the offer or terminate it early. The consumer will not receive the registration fee back as it occupies a place that could otherwise have been filled by a participant who did meet the criteria for participation.
7. If physical offer is offered, there will be clear communication about the place with a route description.
1. The consumer is responsible for studying the route description and for questions at least one day in advance to contact the entrepreneur if there are any particulars or questions that may hinder reaching the location of the offer on time.
2. The consumer has his/her own transport with which he/she can be present at the location on time.
3. If it is indicated in the offer that there are no refreshments, you bring your own
8. The offer is no longer accessible after it has started. The participant is responsible for being on time and realizes that if he/she is late, he/she can no longer participate and the registration fee will be lost.
Article 7 - Registration
1. The consumer can only register for participation in the offer of the entrepreneur if he agrees with the privacy conditions and general terms and conditions of the entrepreneur. This is done by clicking agree in the registration form:
1. By accepting the terms and conditions you state that they are clear, you have no questions about them and you agree with them
2. If you do not understand the general terms and conditions or have questions about this, you can contact the entrepreneur
3. The consumer accepts that it is his or her responsibility to ensure that the personal information provided is kept up to date. All changes in name, address, e-mail address, telephone numbers, payment options or bank details (if necessary) must be communicated to the entrepreneur as soon as possible
2. For paid courses, registration is only final after payment of the registration fee. The order of payment applies here.
3. For offers based on donation, the order of registration applies.
4. The following are required to register:
1. First name, last name, email address of the consumer
2. In the case of a paid offer or in the case of donations: address details of the consumer
5. Other personal data may be requested in the registration form that are not mandatory and are voluntary.
6. The entrepreneur is responsible for processing the registration and will inform the consumer of this.
7. The entrepreneur makes every effort to provide clarity about the question of whether there are enough participants to allow the offer to go ahead and what preparation is necessary to be able to participate in the offer.
Article 8 - Right of cancellation
1. The consumer can cancel a service agreement and an agreement for the delivery of digital content that is not delivered on a material carrier by emailing the entrepreneur at [email protected].
2. Cancellation and dissolution of this agreement is possible up to 15 days before the start date of the service for which the consumer has registered, free of charge and without stating reasons. The entrepreneur may ask the consumer for the reason for cancellation, but he is not obliged to state the reason(s). The consumer will receive the full registration fee back within two weeks.
3. If the consumer cancels up to 10 days before the start date of the service, 50% of the registration will be refunded within two weeks.
4. If the consumer cancels from 5 days before the start date of the service, the entire registration fee will be collected.
Article 9 - Exercise of the right of cancellation by the consumer
1. If the consumer makes use of his right of cancellation, he will report this within the period referred to in Article 6 by sending an email to the entrepreneur.
2. The risk and burden of proof for the correct and timely exercise of the cancellation right rests with the consumer.
3. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if :
1. he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
2. he has not acknowledged losing his right of cancellation when granting his consent; or
3. the entrepreneur has failed to confirm this statement from the consumer.
1. If the consumer exercises his right of cancellation, all additional agreements will be dissolved by operation of law.
Article 10 - Obligations of the entrepreneur in the event of cancellation
1. If the entrepreneur receives the notification of cancellation by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments from the consumer within 14 days following the day on which the consumer notifies him of the cancellation.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 11 - Cancellation by entrepreneur
1. The entrepreneur makes every effort to ensure that all the offers go through. The entrepreneur reserves the right to cancel or move the offer to another date if services cannot be provided due to circumstances such as:
1. insufficient registrations;
2. illness of the teacher(s);
3. action , or;
4. other circumstances.
2. In the event of cancellation where the service should have started, consumers will receive a full refund of their registration fee.
3. If payment was made for a series of services and services had already been purchased, a settlement will be made in proportion to which part of the registration fee the consumer receives back compared to what part the consumer has already purchased.
4. Consumers can never claim back an amount that is greater than the registration fee paid.
Article 12 - Accreditation points
1. Accreditation points for specific professional associations can be obtained for certain offers. If this is the case, this will be explicitly stated in the description of the offer.
2. If accreditation is pending, there is a procedure in which the entrepreneur has applied for accreditation for the offer from a specific professional association. In that case, the professional association has not yet approved the offer and the entrepreneur cannot yet confirm whether accreditation points can actually be obtained by participating in the offer.
1. As soon as accreditation has been granted for the offer, this will be communicated on the entrepreneur's website and at the start of the offer.
2. If accreditation is not granted, the entrepreneur cannot be held responsible or liable for the lack of accreditation options. This cannot be a reason for free cancellation for the consumer.
3. If there are accreditation points to be acquired, it will be indicated how these can be acquired. It may be that only attendance registration is sufficient. It is also possible that a test or something else will have to be done by the consumer in order to acquire accreditation points. This will be communicated via the website and at the start of the offer.
4. If the entrepreneur is responsible for processing accreditation points at the professional association, the entrepreneur will do this. If the consumer himself has to process accreditation points with the professional association, the entrepreneur will make this clearly known at the conclusion of the offer.
5. The entrepreneur is not responsible or liable for processing errors by the professional association in the processing of the accreditation points
Article 13 - The price
1. During the period of validity stated in the offer, the prices of the services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of services include VAT.
Article 14 - Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
4. If there is a 'money back guarantee', a term will always be mentioned. If the consumer is not satisfied after purchasing a service or product from the entrepreneur and wants to make use of this guarantee, the purchase amount will be refunded within five working days to the bank account with which the payment was made.
Article 15 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and during the implementation and assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
Article 16 - Payment
1. Payments are made by electronic transfer to the entrepreneur's bank account, which will be mentioned in the payment information that the consumer will see or receive.
2. The entrepreneur can use payment gateways, i.e. a third party that handles payments. If third parties are used, these are mentioned in the privacy statement of the entrepreneur. In that case, the general terms and conditions and privacy statement of this third party apply.
3. The entrepreneur is not responsible or liable for any form of loss or damage that the consumer may incur through the use of this third party or the electronic transfer of the registration fee.
4. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
5. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, he is still obliged to fulfill his payment obligations. . After failure to pay within this 14-day period, the statutory interest is owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500 ; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 17 - Complaints procedure
1. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 18 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 19 - Additional or different provisions
1. Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 - Services and digital content
1. The entrepreneur's services consist of offering online workshops, lectures and courses (also called webinars or training courses). Specific knowledge is shared and exercises are offered to develop skills in the field of Acceptance and further develop Commitment Therapy .
2. The entrepreneur offers this service himself or works together with other professionals who offer their expertise.
3. Digital content refers to images, texts, video materials and audio materials that can be shared to transfer knowledge or help develop skills.
4. Videos belonging to specific offer are available for at least three months after completion of the training.
5. Digital content can also mean courses. These courses can in some cases be offered through a third party that offers the course environment. If this is the case, the privacy statement and general terms and conditions of this third party will also apply to the consumer. This will always be communicated explicitly with the consumer and the consumer will also have to give permission for this.
Article 21 - Privacy statement
The entrepreneur collects and stores personal data, more information about this can be found in the privacy statement of the entrepreneur which can be found on the entrepreneur's website at: https://www.practicalact.com/privacy-statement-nl.html
Article 22 - Intellectual property
1. The entrepreneur ensures to respect the intellectual property of others and cooperation partners by citing as many sources as possible.
2. Files, written text, papers, presentations, books, graphics, images, photos, logos, trademarks, audio material and video material that are the property of the entrepreneur may not be copied, multiplied and distributed without permission of the entrepreneur.
3. If a cooperation partner of the entrepreneur violates the intellectual property rights of others, this is the responsibility of the cooperation partner and the entrepreneur cannot be held liable.
Article 22 - Acceptable use
1. The entrepreneur reserves the right to unilaterally terminate this contract without the right to compensation of the consumer's registration fee, if there is:
1. violation of the terms and conditions
2. violation of the terms and conditions of a third party that the consumer has agreed to
3. fraudulent , illegal or unlawful conduct
4. structurally transgressive behavior towards fellow participants in the entrepreneur's offer, such as, for example, using swear words at others, deliberately hurting others or showing pornographic material
Article 23 - Indemnification and liability
1. The entrepreneur is not responsible for and cannot be held liable for the consequences of the application of acquired knowledge and acquired skills outside of the offer, i.e. in the personal life of the participant or the professional practice of the participant.
2. The entrepreneur cannot be held liable for actions, damage, loss, costs and charges in connection with actions that the consumer does or causes and may have to do with the offer of the entrepreneur.
3. The entrepreneur is not liable for any loss or damage of any kind (including personal injury, loss of life and damage to property) that the consumer or any other person may suffer in connection with the use of or reliance on the content that is offered in the offer of the entrepreneur
4. The entrepreneur or cooperation partners of the entrepreneur give no guarantee about the content of the offer or the content of the website of the entrepreneur
Contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The agreement
Article 5 - The offer
Article 6 - Conditions for participation
Article 7 - Registration
Article 8 - Right of cancellation
Article 9 - Exercise of the right of cancellation by the consumer
Article 10 - Obligations of the entrepreneur in the event of cancellation
Article 11 - Cancellation by the entrepreneur
Article 12 - Accreditation points
Article 13 - The price
Article 14 - Compliance with the agreement and extra guarantee
Article 15 - Delivery and implementation
Article 16 - Payment
Article 17 - Complaints procedure
Article 18 - Disputes
Article 19 - Additional or deviating provisions
Article 20 - Services and digital content
Article 21 - Privacy statement
Article 22 - Acceptable use
Article 23 - Indemnification and liability
Article 1 - Definitions
In these terms and conditions,
1. Offer: this can be a Webinar, Workshop, E -learning or Training, online or in person.
2. Additional agreement : an agreement whereby the consumer acquires digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party. and the entrepreneur;
3. Reflection period : the period within which the consumer can make use of his right of cancellation;
4. Consumer :
1. The natural person who is not acting for purposes related to his trade, business, craft or profession,
2. The professional, the natural or legal person who acts in the exercise of a profession or business
5. Day : calendar day;
6. Digital content : data produced and delivered in digital form;
7. Lecturer : cooperation partner of the entrepreneur who in some cases provides the offer together with the entrepreneur.
8. Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
9. Durable data carrier : any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
10. cancellation : the consumer's option to waive the distance contract within the cooling-off period;
11. Entrepreneur : the natural or legal person who offers (access to) digital content and/or remote services to consumers;
12. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. one or more remote communication techniques;
13. Technique for distance communication : means that can be used for concluding an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
14. Registration fee : the costs charged for the services and/ or digital content.
Article 2 - Identity of the entrepreneur
1. Jan Supportenberg
Practical ACT
Goeman Borgesiuslaan 77
3515 ET Utrecht
Tel. no : 003130-3690471
Email: [email protected]
Chamber of Commerce no.: 78291038
VAT no.: NL003313547B24
Rack no.: NL37KNAB0403495377
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific service conditions apply in addition to these general terms and conditions , the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
5. These terms and conditions may be amended in the future. If this is the case while the current general terms and conditions apply to the consumer, the current agreement will continue to apply.
6. The consumer is advised to print and/or save a copy of these general terms and conditions for own documentation.
Article 4 - The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment . If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If , on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
5. At the latest upon delivery of the service or digital content to the consumer, the entrepreneur will send the following information (in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier):
1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can make use of the cancellation right, or a clear statement regarding the exclusion of the cancellation right;
3. the information about warranties and existing after-sales service;
4. the price including all taxes of the service or digital content, insofar as applicable the costs of delivery, the method of payment, delivery or performance of the distance contract;
5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a cancellation right; the way in which the consumer can use it
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 5 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
4. The offer is intended for:
1. Persons qualified as professionals to work in the mental health field, including but not limited to psychologists, social workers , nurses, occupational therapists .
2. Individuals qualified to provide guidance in behavioral mechanisms for psychological health and wellness change, such as counselors, therapists, and coaches.
3. Individuals who fall into the aforementioned two categories and are still in training are students.
5. Certain offerings may also be open to clients with specific issues who want to learn more about the subject. Separate rates for participation often but not always apply to this target group.
Article 6 - Conditions for participation
1. If you participate in the entrepreneur's offer, you confirm that you:
1. Are at least 18 years old
2. Are authorized to enter into contracts
3. You are responsible for what you contribute to the group
4. You are able to set your own limits if necessary
5. Be able to abort an exercise if you find it necessary
6. You respect the boundaries of any group members
7. What group members contribute will not share with others
8. Submit your case anonymously
9. You treat my fellow group members with respect and care.
2. Offer can be offered physically or online. The entrepreneur will communicate this clearly.
3. If the offer will take place online, you will have:
1. a device that allows you to participate in video conferencing software,
2. a headset,
3. a webcam,
4. an internet connection suitable for video conferencing with at least 1.5 Mbps (up/down) speed,
5. a power source for the device being used so that it does not fail,
6. any specific software to be downloaded, which the consumer has pre-tested to see if it works on the consumer's device
7. the possibility to sit in a secluded room during the offer or to ensure that housemates cannot hear what is being said by other participants and that housemates are not in the picture or can watch the picture,
4. Online offer may not be recorded on image or sound, unless explicit permission is requested from the entrepreneur.
5. The entrepreneur is not responsible for and cannot be held liable if the participant is unable to participate sufficiently or completely in the offer due to insufficient preparation or technical problems on his part . In that case, the registration fee will not be reimbursed. If other group members have no problems with their devices and the consumer does, the consumer acknowledges that this is due to the consumer's equipment.
6. The consumer must meet the criteria for participation as can be found under 'target group' on the practicalact.com website under the relevant offer. If the consumer does not meet these criteria, the entrepreneur can refuse participation in the offer or terminate it early. The consumer will not receive the registration fee back as it occupies a place that could otherwise have been filled by a participant who did meet the criteria for participation.
7. If physical offer is offered, there will be clear communication about the place with a route description.
1. The consumer is responsible for studying the route description and for questions at least one day in advance to contact the entrepreneur if there are any particulars or questions that may hinder reaching the location of the offer on time.
2. The consumer has his/her own transport with which he/she can be present at the location on time.
3. If it is indicated in the offer that there are no refreshments, you bring your own
8. The offer is no longer accessible after it has started. The participant is responsible for being on time and realizes that if he/she is late, he/she can no longer participate and the registration fee will be lost.
Article 7 - Registration
1. The consumer can only register for participation in the offer of the entrepreneur if he agrees with the privacy conditions and general terms and conditions of the entrepreneur. This is done by clicking agree in the registration form:
1. By accepting the terms and conditions you state that they are clear, you have no questions about them and you agree with them
2. If you do not understand the general terms and conditions or have questions about this, you can contact the entrepreneur
3. The consumer accepts that it is his or her responsibility to ensure that the personal information provided is kept up to date. All changes in name, address, e-mail address, telephone numbers, payment options or bank details (if necessary) must be communicated to the entrepreneur as soon as possible
2. For paid courses, registration is only final after payment of the registration fee. The order of payment applies here.
3. For offers based on donation, the order of registration applies.
4. The following are required to register:
1. First name, last name, email address of the consumer
2. In the case of a paid offer or in the case of donations: address details of the consumer
5. Other personal data may be requested in the registration form that are not mandatory and are voluntary.
6. The entrepreneur is responsible for processing the registration and will inform the consumer of this.
7. The entrepreneur makes every effort to provide clarity about the question of whether there are enough participants to allow the offer to go ahead and what preparation is necessary to be able to participate in the offer.
Article 8 - Right of cancellation
1. The consumer can cancel a service agreement and an agreement for the delivery of digital content that is not delivered on a material carrier by emailing the entrepreneur at [email protected].
2. Cancellation and dissolution of this agreement is possible up to 15 days before the start date of the service for which the consumer has registered, free of charge and without stating reasons. The entrepreneur may ask the consumer for the reason for cancellation, but he is not obliged to state the reason(s). The consumer will receive the full registration fee back within two weeks.
3. If the consumer cancels up to 10 days before the start date of the service, 50% of the registration will be refunded within two weeks.
4. If the consumer cancels from 5 days before the start date of the service, the entire registration fee will be collected.
Article 9 - Exercise of the right of cancellation by the consumer
1. If the consumer makes use of his right of cancellation, he will report this within the period referred to in Article 6 by sending an email to the entrepreneur.
2. The risk and burden of proof for the correct and timely exercise of the cancellation right rests with the consumer.
3. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if :
1. he has not expressly agreed to commence fulfillment of the agreement before the end of the cooling-off period prior to its delivery;
2. he has not acknowledged losing his right of cancellation when granting his consent; or
3. the entrepreneur has failed to confirm this statement from the consumer.
1. If the consumer exercises his right of cancellation, all additional agreements will be dissolved by operation of law.
Article 10 - Obligations of the entrepreneur in the event of cancellation
1. If the entrepreneur receives the notification of cancellation by the consumer electronically, he will immediately send a confirmation of receipt after receipt of this notification.
2. The entrepreneur will reimburse all payments from the consumer within 14 days following the day on which the consumer notifies him of the cancellation.
3. The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
Article 11 - Cancellation by entrepreneur
1. The entrepreneur makes every effort to ensure that all the offers go through. The entrepreneur reserves the right to cancel or move the offer to another date if services cannot be provided due to circumstances such as:
1. insufficient registrations;
2. illness of the teacher(s);
3. action , or;
4. other circumstances.
2. In the event of cancellation where the service should have started, consumers will receive a full refund of their registration fee.
3. If payment was made for a series of services and services had already been purchased, a settlement will be made in proportion to which part of the registration fee the consumer receives back compared to what part the consumer has already purchased.
4. Consumers can never claim back an amount that is greater than the registration fee paid.
Article 12 - Accreditation points
1. Accreditation points for specific professional associations can be obtained for certain offers. If this is the case, this will be explicitly stated in the description of the offer.
2. If accreditation is pending, there is a procedure in which the entrepreneur has applied for accreditation for the offer from a specific professional association. In that case, the professional association has not yet approved the offer and the entrepreneur cannot yet confirm whether accreditation points can actually be obtained by participating in the offer.
1. As soon as accreditation has been granted for the offer, this will be communicated on the entrepreneur's website and at the start of the offer.
2. If accreditation is not granted, the entrepreneur cannot be held responsible or liable for the lack of accreditation options. This cannot be a reason for free cancellation for the consumer.
3. If there are accreditation points to be acquired, it will be indicated how these can be acquired. It may be that only attendance registration is sufficient. It is also possible that a test or something else will have to be done by the consumer in order to acquire accreditation points. This will be communicated via the website and at the start of the offer.
4. If the entrepreneur is responsible for processing accreditation points at the professional association, the entrepreneur will do this. If the consumer himself has to process accreditation points with the professional association, the entrepreneur will make this clearly known at the conclusion of the offer.
5. The entrepreneur is not responsible or liable for processing errors by the professional association in the processing of the accreditation points
Article 13 - The price
1. During the period of validity stated in the offer, the prices of the services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
4. The prices stated in the offer of services include VAT.
Article 14 - Compliance with the agreement and extra guarantee
1. The entrepreneur guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
3. An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
4. If there is a 'money back guarantee', a term will always be mentioned. If the consumer is not satisfied after purchasing a service or product from the entrepreneur and wants to make use of this guarantee, the purchase amount will be refunded within five working days to the bank account with which the payment was made.
Article 15 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and during the implementation and assessment of applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
Article 16 - Payment
1. Payments are made by electronic transfer to the entrepreneur's bank account, which will be mentioned in the payment information that the consumer will see or receive.
2. The entrepreneur can use payment gateways, i.e. a third party that handles payments. If third parties are used, these are mentioned in the privacy statement of the entrepreneur. In that case, the general terms and conditions and privacy statement of this third party apply.
3. The entrepreneur is not responsible or liable for any form of loss or damage that the consumer may incur through the use of this third party or the electronic transfer of the registration fee.
4. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
5. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days, he is still obliged to fulfill his payment obligations. . After failure to pay within this 14-day period, the statutory interest is owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500 ; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 17 - Complaints procedure
1. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 18 - Disputes
1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 19 - Additional or different provisions
1. Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 20 - Services and digital content
1. The entrepreneur's services consist of offering online workshops, lectures and courses (also called webinars or training courses). Specific knowledge is shared and exercises are offered to develop skills in the field of Acceptance and further develop Commitment Therapy .
2. The entrepreneur offers this service himself or works together with other professionals who offer their expertise.
3. Digital content refers to images, texts, video materials and audio materials that can be shared to transfer knowledge or help develop skills.
4. Videos belonging to specific offer are available for at least three months after completion of the training.
5. Digital content can also mean courses. These courses can in some cases be offered through a third party that offers the course environment. If this is the case, the privacy statement and general terms and conditions of this third party will also apply to the consumer. This will always be communicated explicitly with the consumer and the consumer will also have to give permission for this.
Article 21 - Privacy statement
The entrepreneur collects and stores personal data, more information about this can be found in the privacy statement of the entrepreneur which can be found on the entrepreneur's website at: https://www.practicalact.com/privacy-statement-nl.html
Article 22 - Intellectual property
1. The entrepreneur ensures to respect the intellectual property of others and cooperation partners by citing as many sources as possible.
2. Files, written text, papers, presentations, books, graphics, images, photos, logos, trademarks, audio material and video material that are the property of the entrepreneur may not be copied, multiplied and distributed without permission of the entrepreneur.
3. If a cooperation partner of the entrepreneur violates the intellectual property rights of others, this is the responsibility of the cooperation partner and the entrepreneur cannot be held liable.
Article 22 - Acceptable use
1. The entrepreneur reserves the right to unilaterally terminate this contract without the right to compensation of the consumer's registration fee, if there is:
1. violation of the terms and conditions
2. violation of the terms and conditions of a third party that the consumer has agreed to
3. fraudulent , illegal or unlawful conduct
4. structurally transgressive behavior towards fellow participants in the entrepreneur's offer, such as, for example, using swear words at others, deliberately hurting others or showing pornographic material
Article 23 - Indemnification and liability
1. The entrepreneur is not responsible for and cannot be held liable for the consequences of the application of acquired knowledge and acquired skills outside of the offer, i.e. in the personal life of the participant or the professional practice of the participant.
2. The entrepreneur cannot be held liable for actions, damage, loss, costs and charges in connection with actions that the consumer does or causes and may have to do with the offer of the entrepreneur.
3. The entrepreneur is not liable for any loss or damage of any kind (including personal injury, loss of life and damage to property) that the consumer or any other person may suffer in connection with the use of or reliance on the content that is offered in the offer of the entrepreneur
4. The entrepreneur or cooperation partners of the entrepreneur give no guarantee about the content of the offer or the content of the website of the entrepreneur
