General terms and conditions
Article 1. Definitions
In these general terms and conditions the following terms shall have the following meanings.
Institute: Core4Core BV, also referred to as: “The Netherlands Institute Core Energetics” in these Terms and Conditions.
Enrollee: The person that enrolls for a Training at the Institute.
Participant: The private person that takes part in a Training at the Institute.
Training: A coherent set of organized didactic activities. The overarching concept of training should, at least be understood as:
– the four-year professional training offered by the Institute;
– two-year transformation training offered by the Institute;
– the postgraduate training offered by the Institute;
– all one-day and multi-day workshops offered by the Institute.
Agreement: Every agreement between the Institute and Participant whereby the Institute is obligated to provide Training to the participant against payment, by the participant, of the applicable fee.
Tuition-fee: The amount that the participant owes to the Institute as a result of attending the Training.
Accommodation costs: The amount that the Participant owes, either to the Institute or to the (legal) entity, that facilitates his or her stay during the Training, as a consequence of his or her stay during the Training.
Article 2. Applicability
2.1 These General Terms and Conditions are expressly applicable on any Training that is offered by the Institute. Which includes, but is not limited to, the professional training, the transformation training, the postgraduate training and any and all workshops the Institute provides.
2.2 Deviation from the General Terms and Conditions and/or the Agreement is only legally binding if there is express agreement between the Institute and the Participant and this agreement in writing. A written agreement can take the form of e-mail correspondence.
2.3 If one or more of the clauses in these General Terms and Conditions are null and void or annihilable under Dutch Law, this will not affect any other clauses, the other provisions shall thus remain in effect. In the case that above-mentioned situation arises the Institute and Participant will enter into deliberations in order to come to terms that are, as far as possible, in accordance with the purpose and intent of the original provision.
Article 3. Applying for a Training
3.1 Applying for a Training can be done in writing, including by e-mail, as well as by phone. After enrollment Enrollee will receive confirmation via e-mail, this e mail includes the General Terms and Conditions which are expressly declared applicable. The General Terms and Conditions are applicable and thus legally binding from the moment that parties enter into an Agreement. By entering into an Agreement Enrollee acknowledges agreeing to the General Terms and Conditions.
3.2 For registration for Trainings, an intake interview is required, except for workshops. By submitting the application form, Enrollee is not (yet) bound to participate in the Training in these cases.
3.3 The Agreement must, except in the case of workshops and if the Institute taking into account exceptional circumstances decides to make an exception, be established at least one month before commencement of the Training. From the moment that parties have come to an Agreement, the Participant can, on reasonable grounds and within a term of 14 days terminate the agreement. In this case the provisions of article 5.3, apply. Under no circumstance – unless the Institute is, for whatever reason, willing to make an exception – can Enrollee terminate the Agreement, within the 14 days preceding the start of the training.
3.4 The processing of the application by the Institute takes place without any obligation on the part of the Institute and is conditional. The Institute may at any time reject an application on reasonable grounds.
3.5 If the Institute accepts the application, the application will be confirmed by means of an enrollment confirmation. When it pertains to workshops with a duration of one or more days, the receipt of the enrollment confirmation – of which the General Terms and Conditions are a part – constitutes a legally binding Agreement between Participant and the Institute of which the General Terms and Conditions are a part. In the case of the professional training, the transformation training and the postgraduate training, an Agreement is reached only after signing the appropriate study agreement.
3.6 Where it pertains to workshops Participant is obliged to pay fees that are linked to the training. Fees related to workshops must be payed upfront, before start of the workshop. Fulfillment of payment must be done in a way that proof of payment can be provided.
Article 4. Content of a Training
4.1 The content of a Training broadly conforms to the information provided on the website of the Institute and/or in the flyer. The Institute may at any time make changes to the content of the training, this includes but is not limited to:
– the curriculum;
– the number of teaching days and/or hours;
– the location at which the Training is provided;
– provided that the broad lines as set out in the information as provided on the website and/or flyer, are followed.
4.2 The Institute will take care of accommodation that is suitable for the training.
4.3 Travel and accommodation costs, expenses for supervision and educational therapy as well as costs for textbooks fall on the expense of Participant. The Institute will provide a study programm for each academic year containing mandatory and recommend books.
4.4 The Institute shall provide the necessary course material – which does not include the prescribed textbooks – to Participant.
4.5 During a Training, Participant commits oneself to be present at location where the Training modules are being provided.
Article 5. Cancellation and postponement of a Training
5.1 The Institute is entitled to change the Training date or cancel the Training at any time. The Institute will inform Enrollee/Participant as soon as possible. The Institute will offer a new Training as far as possible.
5.2 In the event that the Institute, for any reason, can’t allow certain lessons or part of the training to continue, the Institute will provide the part(s) of the applicable lesson or Training at a later date. In this event, Participant does not have the right to (partial) reimbursement
5.3 Cancellation of the Agreement is only possible when the following provisions are met:
5.3.1 Cancellation must be done in writing. Written form includes cancellation by e-mail.
5.3.2 If the Agreement is cancelled no later than 4 weeks prior to the commencement of the Training no Training Fee is due.
5.3.3 If the Agreement is cancelled within 4 weeks but no later than 14 days prior to the commencement of the Training, 50% of the Training Fee is due.
5.3.4 If the Agreement is cancelled within 14 days before the start of the training the full amount of the Training Fee is due.
5.3.5 In the above articles – exclusively in art. 5.3.1 up to and including art. 5.3.4 – in case of the four year professional training the Training Fee refers to the academic year, and in case of the transformation training and the postgraduate training the Training Fee refers to the full course.
5.3.6 If the Accommodation Costs were owed to the (legal) entity facilitating the stay during the Training, the cancellation conditions of that (legal) entity will apply to the Accommodation Costs.
5.3.7 Any Training Fees already paid will be returned to Participant in the event of cancellation by the Institute, to the extent that Participant is entitled to this in accordance with the previous provisions.
5.3.8 If Participant fails to follow (parts of) the Training, no refund of Training Fees will be made.
5.3.9 In case of misconduct by Participant or if Participant violates the applicable order and safety measures, the Institute is entitled to deny Participant access to the Training and the building, without refund of the Training Fee.
Article 6. Payment conditions
6.1 The Institute will send Enrollee an invoice pertaining to the Training that is to be followed.
6.2 This invoice must be paid by Participant in advance and the amount must be credited to the bank account indicated by the Institute before the start of the Training, except in cases where otherwise agreed in the Agreement Workshops must always be paid in full at the latest on the day prior to the start of the workshop.
6.3 If payment is not made on time, the Institute is entitled not to admit Participant to the Training and to (extrajudicially) invoke the dissolution of the Agreement.
6.4 Payment in installments is possible only with the Institute’s prior written consent, whereby the payment arrangements are laid down in the Agreement. Spread payment is not possible in the case of workshops.
6.5 If Participant is in default or in default with regard to his payment obligations, the costs for obtaining extrajudicial settlement will be fully for the account of Enrollee/Participant. In that case, Enrollee/Participant will also owe statutory interest on the outstanding amount, as well as on the extrajudicial collection costs.
Article 7. Intellectual Property, confidentiality and privacy
7.1 The Institute is at all times the sole owner of any intellectual property rights to the items, materials and information made available to Participant, unless the Institute indicates otherwise in writing.
7.2 Participant shall not reproduce or inform third parties regarding the items, materials and information referred to in paragraph 1.
7.3 Participant is not permitted to make any changes to the items, materials and information referred to in paragraph 1 or to the security thereof.
7.4 Participant is obliged to, at all times, keep the (content of the) items, materials and information referred to in paragraph 1 secret and to use them only for the purpose for which they have been granted a right of use.
7.5 In the event that Participant acts contrary to the provisions of Articles 7.2 up to and including art. 7.4 above, the participant is obliged to compensate the Institute for any damage resulting from such conduct.
7.6 All information provided by Participant to the Institute will be treated confidentially by its staff and teachers and will only be used for the purpose for which the information has been provided.
Article 8. Non-competition
8.1 Participant is not allowed to develop or to provide a similar program based on the Training provided by the Institute and the associated teaching materials without the explicit prior written consent of the Institute.
Article 9. Liability
9.1 The Institute is in no way liable for costs and/or damage arising from the cancellation of a Training and/or the postponement of part of a Training to a later date.
9.2 The Institute is not liable for any damage that may occur to or suffered by Participant as a result of the lessons, advice or instructions given. The use by Participant of the teaching material and the application of the lessons, advice and instructions given is entirely at his own expense and risk.
Article 10. Exams
10.1 All examinations held or organized by or on behalf of the Institute are subject to examination regulations that will be issued to Participant by the Institute.
10.2 In those cases, not provided for in the applicable examination regulations, the Institute shall decide.
Article 11. Procedure Ethics and Complaints
11.1 In the event of a dispute between Participant and the Institute concerning any aspect relating to or arising from the Agreement between Participant and the Institute, a written complaint may be made by e-mail or letter to the director of the Institute or the confidential counselor designated by the Institute. It is up to Participant to choose whether to lodge the complaint with the director (anna[at]coreenergetica.nl) or the confidential counselor (confidentialcounselor[at]coreenergetica.nl).
11.2 The notification of the complaint must at least include: the name of the person filing the complaint, date, date of the incident as to which the complaint relates, a clear description of the complaint and the person against whom or what the complaint is directed, the reason for the complaint and a signature.
11.3 Any complaint will be treated confidentially.
11.4 The director or confidential counselor, depending on to whom the complaint has been submitted, will deal with the complaint. If this does not lead to a solution satisfactory to Participant, the director or confidential Counselor is obliged to submit the complaint to the ethics committee of the Institute.
11.5 The complaint will be dealt with within 4 weeks. If a longer period is needed, Participant in question will be notified within 4 weeks, stating the reason for the delay and an indication of when a decision can be expected.
11.6 If the internal handling by the ethics committee does not lead to a solution deemed acceptable to the parties, the Institute will ensure that the complaint is forwarded to an independent third party, who will then take over and further handle the complaint.
11.7 Appointed by the Institute, as independent third party (as described in Article 11.6), Mr. D. Dekker (LLM), attorney at law at Bonnier Advocaten located in Wijchen, The Netherlands, has been appointed by the Institute.
11.8 The Institute acknowledges the decision of the independent third-party as binding. Any directions made by this party shall be followed upon by the Institute, within a time-period of 6 weeks. Participant has the right to appeal any judgment or decision made by the Independent Third-Party, by bringing the matter before the competent court.
11.9 Complaints as well as documents regarding the manner the complaint was dealt with, are kept for a period of 4 years after the complaint was dealt with.
Article 12. Applicable Law and Jurisdiction
12.1 All agreements and disputes, arising from or in connection with these general terms and conditions and the agreements to which these general terms and conditions apply, shall be governed by the Law of The Netherlands.
12.2 The District Court of Gelderland, location Arnhem, has exclusive jurisdiction to preside of matters regarding Any Legal disputes, arising from or in connection with these general terms and conditions and the agreements to which these general terms and conditions apply.