Terms and Conditions
1. Applicability of the conditions
1.1 These conditions apply to the agreement between the client and Thamba Coaching in which the client participates in an online coaching program of Thamba Coaching.
1.2 If any provision in these conditions proves to be invalid, the remaining conditions remain applicable.
2.1 An agreement between the client and Thamba Coaching is established after the client has registered, followed the intake procedure, agreed to the coaching proposal and the quotation. Personal data must be provided before the quotation can be issued. This information must be filled out truthfully and the data must be up-to-date.
2.2 Thamba Coaching reserves the right to refuse a coaching program if it appears after the intake that the problem requires more intensive care than Thamba Coaching can offer. Thamba Coaching can not be held liable for compensation of the costs or damage as a result of not being able to start the coaching program.
2.3 The client can follow an online coaching program at Thamba Coaching if he is 18 years or older. If younger, the parents or guardian must sign for approval of the coaching program.
2.4 The agreement is valid for the period of the duration of the coaching program.
3.1 Unless parties have agreed otherwise, the agreement between Thamba Coaching and the client, the customary fee applied by Thamba Coaching, applies as stated in ‘Rates’ on the website of Thamba Coaching. The invoice can be paid by means of a payment via PayPerEmail with payment options iDEAL, Paypal, Visa, Mastercard and EMeastro or through a regular bank transfer.
3.2 In absence of payment within the set instalment of 30 days, a reminder will be sent. After the payment has not been made within the instalment stated in the reminder, the client is in default. Client is liable for all costs arising as a result of the client's default.
4. Obligations of the client
4.1 The client is obliged to mind all obligations, instructions and restrictions imposed by Thamba Coaching.
4.2 The client makes during registration login data for the Thamba Coaching website. This data is linked to the personal details of the client. The client is at all times responsible for this information and must prevent loss, theft or misuse. If this happens anyway, Thamba Coaching should be informed as soon as possible after which the data can be blocked. The client is personally responsible for the damage resulting from this loss, theft or misuse.
4.3 During the coaching program of Thamba Coaching, it is highly appreciated if the client let know when he is absent or if it is not possible to continue the program temporarily, causing the process to be delayed, such as holidays or other circumstances.
5. Data transfer
5.1 Base on the Dutch WGBO (Wet op de Geneeskundige Behandelovereenkomst, literally translated: Law on Medical Treatment Contract), Thamba Coaching has a duty of confidentiality. Thamba Coaching is not permitted to provide personal data or data relating to the coaching program to third parties without the expressive consent of the client.
6.1 If Thamba Coaching proves to be inadequate in the fulfillment of its obligations, it can only be held liable for this if there is intent or gross negligence. This liability is limited to direct damage and to the maximum reimbursement that the client pays for following an online coaching program. Thamba Coaching can not be held liable for indirect damage and consequential damage.
6.2 Thamba Coaching is not liable for any damage to third parties, for whatever reason, caused by behavior or actions of the client. The client Thamba Coaching indemnify against claims by third parties for that reason.
6.3 Thamba Coaching can not be held liable for any damage resulting from the use or impossibility of using both the website of Thamba Coaching and the use of the online coaching program. Any damage is understood to include damage resulting from the inaccuracy or incompleteness or unsuitability of information or damage as a result of viruses.
6.4 Thamba Coaching can not accept any liability for damage resulting from the use of electronic communication means with which access to the website of Thamba Coaching can be obtained, including damage to the hardware and/or software of electronic communication means, damage as a result of the non-delivery or delay of the delivery of electronic messages and misuse of electronic messages by third parties or by software/equipment, if this could not have been known to Thamba Coaching.
7.1 Cancellation of participation in a coaching program can only be done in writing (by e-mail). In case of cancellation after starting a module there is no right to a refund.
8. Suspension and dissolution
8.1 Thamba Coaching reserves the right to terminate the agreement if:
(1) circumstances arise which are of such a nature that fulfillment of the agreement is impossible or according to standards of reasonableness and fairness can no longer be required or if other circumstances arise which are of such a nature that to the standards of reasonableness and fairness unchanged maintenance of the agreement can not be expected;
(2) if nothing is heard from the client for such a long time, continuation of the coaching program is no longer possible and/or justified.
8.2 If the agreement is dissolved, the claims of Thamba Coaching at the client due immediately.
8.3 If Thamba Coaching suspends fulfillment of its obligations or terminates the agreement, it will retain its rights under the law and agreement. In that case the client can not invoke a refund of prepaid fees or compensation.
9. Intellectual Property
9.1 All intellectual property rights on texts, photographs, materials, applications of Thamba Coaching are at Thamba Coaching. The client is in no way permitted to infringe this, unless explicitly stated otherwise.
9.2 Thamba Coaching is at all times allowed to change this website and its content, including the terms and conditions and the disclaimer. Thamba Coaching can not be held liable for any consequences of changes. Thamba Coaching is solely authorized to make changes.
10.1 Thamba Coaching has a duty of confidentiality. Thamba Coaching is not permitted to exchange data relating to the coaching program with third parties without the consent of the client. With regard to the use of this data, Thamba Coaching has drawn up a privacy statement. This privacy statement can be found on this website. Reference is made to the Privacy Regulations on the website of Thamba Coaching.
11. Force Majeure
11.1 Parties do not fall short in fulfilling any obligation from the agreement, if the shortcoming is not due to the fault of the client or Thamba Coaching and neither by virtue of the law, legal act or valid views coming on behalf of the client or Thamba Coaching.
11.2 In these terms and conditions, force majeure is understood in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, on which the client or Thamba Coaching can not exert influence, but as a result of which the client or Thamba Coaching does not be able to meet the obligations.
11.3 For both the client and Thamba Coaching there is the possibility during the period that the force majeure continues, to suspend the obligations from the agreement. If this period lasts longer than two months, the client or Thamba Coaching is entitled to dissolve the agreement. The client or Thamba Coaching is then not obliged to pay compensation for damage.
12. Complaints regulation
12.1 Should the client have a complaint against Thamba Coaching, the client must email the fully described complaint as soon as possible to firstname.lastname@example.org. Thamba Coaching will deal with the complaint as soon as possible, at the latest within five days after receipt of the complaint. If Thamba Coaching expects that the handling of the complaint will take longer than five days, Thamba Coaching will send an acknowledgment of receipt and an estimate within five days of receipt of the complaint, within which period the client can expect a substantive response.
13.1 Dutch law applies to every agreement between the client and Thamba Coaching.
13.2 Any disputes that may arise as a result of this agreement, its implementation and explanation, will only be submitted to the Rechtbank Midden-Nederland (District Court of the Central Netherlands).
Thamba Coaching, January 2018.