General Terms and Condition
Article 1: Definitions
In these general terms and conditions, the following terms are defined as stated below:
1.1 Terms and Conditions: the general terms and conditions of I AM Academy B.V.
1.2 Services: all products and services supplied by I AM Academy B.V. to the client, including standard group training, courses, online learning processes, workshops and meetings as stated on the website of I AM Academy B.V., for which participants can register on an individual basis, as well as all other work of any nature whatsoever performed by I AM Academy B.V. for the client, performed in the context of the assignment, even if these have not been explicitly agreed on by the parties.
1.3 Contractor: I AM Academy B.V., located at Blokmakerstraat 30 1013 DH Amsterdam, listed in the Trade Register of the Chamber of Commerce under number 84506822.
1.4 Client: a natural person who wants to purchase or has purchased a product, service or service from I AM Academy B.V. and pays (privately) himself and/or completes the registration form and indicates that it is a private registration (participant) and/or a legal entity or a natural person (whether or not acting in the course of a profession or company) who wants to purchase or has purchased a product or service from I AM Academy B.V. and indicates that this is a business registration (customer).
1.5 Parties: I AM Academy B.V. and the client jointly.
Article 2. Applicability
2.1 These terms and conditions apply to all services offered and delivered by I AM Academy B.V.
2.2 Deviations from these terms and conditions are valid only if they have been agreed on in writing by the parties.
2.3 The applicability of any purchase or other terms and conditions of the client is explicitly excluded by I AM Academy B.V.
2.4 In addition to I AM Academy B.V., all persons and/or companies involved in the performance of an assignment for the client can invoke these terms and conditions.
2.5 These terms and conditions also apply to additional, changed and subsequent assignments from the client.
2.6 In the event of a lack of clarity on the interpretation of one or multiple provisions of these general terms and conditions, interpretation must adhere to ‘the spirit’ of these terms and conditions.
2.7 If one or more provisions of these general terms and conditions are void or declared null and void, the remaining provisions of the general terms and conditions will remain in full force. I AM Academy B.V. and the client will in that case consult each other to agree on new provisions to replace the void or voided provisions, taking into consideration the objective and purport of the original provision to the greatest possible extent.
Article 3. Offer and formation of agreements
3.1 The agreement between the parties is concluded by the contractor registering for a course, training, workshop or another service as referred to in Article 1.2 of these terms and conditions or by the client’s acceptance of the offer from I AM Academy B.V.
Furthermore, the agreement is concluded if I AM Academy B.V. confirms an agreement made between the parties in writing or if I AM Academy B.V. commences its activities in accordance with the assignment confirmation.
3.2 Agreements and quotations are based on the information provided by the client to I AM Academy B.V. I AM Academy B.V. may assume the correctness of this and will base its offer on this.
3.3 The quotations issued by I AM Academy B.V. are subject to contract and valid for 30 days after the date thereof unless stated otherwise. I AM Academy B.V. is only bound by a quotation if the acceptance thereof is confirmed in writing by the client within 30 days without reservation or amendment, including a written confirmation of the acceptance of these general terms and conditions.
Article 4. Prices and payment
4.1 The prices in the aforementioned agreements and quotations are inclusive of VAT, all prices are in euros, unless specified otherwise.
4.2 Payment must always be made within 14 days of the invoice date.
4.3 If the invoiced amounts are not credited to the account of I AM Academy B.V. within 14 days of the invoice date, the client is in default without a notice of default being required and I AM Academy B.V. is entitled to charge the statutory interest, as well as the extrajudicial costs in accordance with the Extrajudicial Collection Costs (Standards) Act.
4.4 If the client has not paid the amounts due at the latest on the due date, I AM Academy B.V. is also entitled to suspend all work to be performed for the client with immediate effect, without it being held liable in any way for damages to the client.
4.5 If the parties agree that an invoice can be paid by the client in instalments, the full amount must be paid before the end of the service(s) provided by I AM Academy B.V., unless agreed otherwise.
Article 5. Execution of the agreement
5.1 An agreement in accordance with Article 3 of these terms and conditions implies a best-efforts obligation for I AM Academy B.V. and explicitly no obligation of result. I AM Academy B.V. will execute the agreement to the best of its knowledge and ability and in accordance with high standards.
5.2 I AM Academy B.V. has the right to have certain activities performed by third parties if and insofar as the proper execution of the agreement requires this.
5.3 I AM Academy B.V. reserves the right to have work carried out by third parties if the trainer or coach referred to in the agreement is not available due to unforeseen circumstances.
5.4 The client ensures that all (personal) information, of which I AM Academy B.V. indicates that it is required and/or with regard to which the client can reasonably understand that it is required for the execution of the agreement, is made available to I AM Academy B.V. in time. If the data required for the execution of the agreement is not made available to I AM Academy B.V. in time, I AM Academy B.V. is entitled to suspend the execution of the agreement and to charge the customer/participant for any additional costs arising from the delay, in accordance with standards of reasonableness.
5.5 I AM Academy B.V. is not liable for damage, regardless of the nature thereof, due to I AM Academy B.V. is acting on incorrect and/or incomplete (personal) information made available by the client.
Article 6. Term of the agreement
6.1 The agreement ends when the performance has been delivered and both parties have fulfilled all obligations arising from the agreement.
Article 7. Changes to the agreement
7.1 If during the execution of the agreement, it appears that proper performance requires the work to be performed to be amended or supplemented, the parties will amend the agreement accordingly, in good time and in mutual consultation.
7.2 The fact that the parties agree to the agreement being amended or supplemented may affect the time of completion of the execution. I AM Academy B.V. will inform the client of this as soon as possible.
7.3 If a fixed fee has been agreed on, I AM Academy B.V. will, if an agreement is changed or supplemented by the parties, indicate to what extent the change or addition to the agreement will result in this fee being exceeded, after which the client is obliged to pay the adjusted fee.
Article 8. Cancellation, relocation and premature termination
8.1 I AM Academy B.V. has the right to cancel a course, training, workshop or another service provided by it or to refuse the participation of the client without giving any reason, or to refuse a participant designated by the client, in which cases the client is entitled to a refund of the full amount paid by the client to I AM Academy B.V.
8.2 A client has the right to dissolve this agreement without giving any reasons for a 14-calendar day period after registration and the conclusion of the distance agreement. In the case of a distance agreement that only relates to the registration for a course, training or workshop via a website or telephone, the period of 14 calendar days starts on the day of registration. The cooling-off period starts immediately from the moment the registration has been confirmed by I AM Academy B.V. If the client wishes to dissolve the agreement during this period, he must do so by telephone or email to [email protected]. It is the responsibility of the client to ensure the letter has indeed been received by I AM Academy B.V.
8.3 The client is entitled to terminate the course, training or workshop that has already started prematurely or with immediate effect. In that case, the costs charged will remain payable by the client and will not be refunded by I AM Academy B.V., unless there are compelling circumstances, which is at the discretion of I AM Academy B.V.
Article 9. Confidentiality
The parties are bound by a duty of confidentiality regarding all confidential information they obtain from each other by virtue of their agreement. From the start, information is considered confidential if the other party has communicated its confidential nature or if such confidentiality ensues from the nature of the information. If otherwise, I AM Academy B.V. and the client have given written permission for this.
Article 10. Intellectual property rights
I AM Academy B.V. retains the intellectual property rights, including copyright, trademark, design and trade name rights, relating to all items provided by I AM Academy B.V. (such as, but not limited to, books, e-books, videos, meditations and software). The items referred to in this article may not be made public and/or brought to the attention of third parties in any other way without the explicit prior consent of I AM Academy B.V.
Article 11. Liability
11.1 I AM Academy B.V. will execute the agreement with the client to the best of its ability and insight. I AM Academy B.V. is committed to ensuring that the course, training or workshop meetings take place in a pleasant and safe manner.
11.2 Towards the client, AM Academy B.V. is only liable for damage that is the foreseeable and direct result of an attributable shortcoming on the part of I AM Academy B.V. in the fulfilment of its obligations under the agreement with the client. Any form of consequential or indirect damage, including trading loss, damage due to delays (other than statutory interest), damage due to depreciation, loss of enjoyment, loss of profit, or losses suffered, damage to (goods of) third parties, cargo damage and personal or immaterial damage are excluded from compensation. I AM Academy B.V. is not liable for loss of or damage to goods if this cannot be attributed to the contractor.
11.3 Insofar as I AM Academy B.V. is obliged to compensate damage pursuant to the provisions of Article 11.2, this only concerns damage for which I AM Academy B.V. is insured, or at least should reasonably have been insured, on the understanding that the amount that qualifies for reimbursement is never higher than the maximum sum insured. If the insurer of I AM Academy B.V. does not pay out, for whatever reason, the liability of I AM Academy B.V. is limited to a maximum of the invoice value of the agreement.
11.4 If the client follows a course, training or workshop at I AM Academy B.V., this is entirely at their own responsibility. For clients in psychological and/or psychiatric treatment or people who are (seriously) ill, I AM Academy B.V. recommends contacting [email protected] and/or the trainer of the course, training or workshop directly first to discuss any practical problems and whether the course, training or workshop is suitable. In the event of doubt or ongoing psychological or psychiatric treatment, the client is advised to first contact the attending physician/psychologist and to allow the advice of the physician/paramedic to be leading.
11.5 I AM Academy B.V. is never liable for direct or indirect damage, emotional damage or damage resulting from decisions made by the client, whether or not in consultation with the coach. The client is at all times responsible for choices made, his own behaviour and the consequences thereof, both during the time the client and coach spend together and afterwards.
11.6 I AM Academy pays the utmost attention to the reliability and technical functioning of the websites iamacademy.nl and community.iamacademy.nl. I AM Academy B.V. is not liable for damage resulting from the provision of technical support.
Article 12. Force majeure
12.1 In the event of force majeure on the part of one of the parties, it will immediately notify the other party. The parties will then consult with each other about a reasonable solution.
12.2 I AM Academy B.V. has the right to suspend the agreed work if it is temporarily prevented from fulfilling its obligations due to circumstances beyond its control or of which it was or could not have been aware when the agreement was concluded.
12.3 Strikes and work interruptions, weather influences, theft or loss of materials in any way are in any event circumstances as referred to in the previous paragraph.
12.4 If compliance becomes permanently impossible, the agreement can be dissolved for that part that has not yet been fulfilled. In that case, the client is not entitled to compensation for the damage suffered as a result of the dissolution.
Article 13. Online course and E-learning
13.1 I AM Academy B.V. cannot grant the client exclusive access to software for the purpose of following online training (= a course, training or workshop that is made available to the client by I AM Academy B.V. via the internet or other electronic means, whereby interactive use is made of a computer).
13.2 The passwords and/or users names and/or other identification details provided by I AM Academy B.V. to the client are strictly personal. It is not permitted to share the aforementioned details with a third party, unless explicitly agreed otherwise with I AM Academy B.V.
13.3 The details referred to in Article 13.2 are exclusively intended for the purpose of an online course, training, workshop or E-learning course or training. The client will process the aforementioned details with the utmost care. The client is liable for (the consequences of) careless and/or unlawful use of the details referred to in Article 13.2.
Article 14. Processing of Personal Data
14.1 By entering into an agreement with I AM Academy B.V., I AM Academy B.V. is granted permission for automatic processing of the personal data obtained from the agreement. I AM Academy B.V. will only use this personal data for its own activities.
14.2 The client agrees that (personal data provided to I AM Academy B.V. by the client, such as (work) address details, telephone numbers and email addresses, are processed in a (partly) automated administration of I AM Academy B.V. This data can be used for customer administration, invoicing, providing access to (online) courses, training and workshop material and (electronic) transmission of information about (online) courses, training and workshops and related products and services of I AM Academy B.V. The client always has the right to withdraw the consent or part of the consent to the processing of (personal) data digitally. This can be done by sending an email to [email protected].
The client and I AM Academy B.V. will comply with the obligations applicable to both parties on the basis of the European Privacy Regulation.
14.3 During a course, training or workshop, I AM Academy B.V. can take photos and make video and sound recordings. A client (participant) may appear on these images and sound recordings. I AM Academy B.V. has the right, after verbal, written or electronic (for example, but not exclusively, via email) permission from the client, to use these images and sound recordings, for example, for marketing purposes.
Article 15. Period of limitation and forfeiture
All legal claims against I AM Academy B.V., including claims for compensation, expire and/or lapse after one year after the relevant claim or right arose.
Article 16. Other rights of I AM Academy B.V.
16.1 For reasons of quality improvement, I AM Academy B.V. reserves the right to change the course, training and workshop programmes during the agreement.
16.2 I AM Academy B.V. has the right to change prices at any time until an agreement has been concluded between the parties in accordance with Article 3.1 of these terms and conditions, subject to printing and typesetting errors and price changes arising from the law (for example, but not limited to a VAT increase).
16.3 I AM Academy B.V. reserves the right to use the (visual) material produced by the client during a course, training or workshop for other courses or training offered by I AM Academy B.V.
Article 17. Applicable law, complaints and disputes
17.1 All legal relationships to which I AM Academy B.V. is party are subject to Dutch Law only, even if an engagement is wholly or partially executed abroad or if the relevant party to the legal relationship has its place of business abroad.
17.2 I AM Academy B.V. aims and strives for perfection. Perfection is at the heart of everything we do. It is of course possible that a client is dissatisfied with something. Complaints can be submitted in writing, by telephone or email: [email protected] We aim to respond fast (within 14 calendar days at the latest) and to offer a solution that brings joy and satisfaction.
17.3 If a dispute is not resolved in mutual consultation, the dispute may be submitted to the competent Dutch court by either party.
Last update: Amsterdam, march 20th 2023