Article 1 – Definitions
1.1 Reinvigorated Caregivers: In these general terms and conditions, “Reinvigorated Caregivers” means the sole proprietorship Health, wellness & dance by Dr. naomi.
1.2 Customer: The (legal) person with whom Health, wellness & dance by Dr. naomi. has agreed.
1.3 Services: The services to be provided by Reinvigorated Caregivers as described on www.reinvigoratedcaregivers.com.
1.4 Agreement: The agreement (including these General Terms and Conditions) between Reinvigorated Caregivers and Customer based on which Reinvigorated Caregivers provides Services to Customer.
Article 2 – Applicability
2.1 These terms and conditions apply to all offers and legal relationships of Reinvigorated Caregivers and all agreements concluded with Reinvigorated Caregivers.
2.2 These terms and conditions exclude any general terms and conditions used by the Customer.
2.3 Reinvigorated Caregivers is entitled to change the content of these General Terms and Conditions unilaterally. Changes will be announced in writing or by email and will take effect fourteen (14) days after the announcement or on another date as stated in the announcement.
2.4 If the Client does not wish to accept the General Terms and Conditions amendments, he has the right to terminate the Agreement as of the date on which the amended terms and conditions take effect, without Reinvigorated Caregivers being obliged to pay compensation for costs or damage. The paid subscription fee will be refunded pro rata.
2.5 Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
2.6 Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.
Article 3 – Conclusion of agreement
3.1 The Agreement between Reinvigorated Caregivers and Customer is concluded by clicking on the order button in the last step of the registration process on the website of reinvigoratedcaregivers.com. The Agreement is also concluded when the Customer provides payment details by telephone, email or in writing.
3.2 Reinvigorated Caregivers has the right to refuse a potential Customer without giving any reason.
Article 4 – Subscription fees
4.1 The Agreement is entered into for the agreed contract period.
4.2 The start date is determined when registering. The first payment period starts on this effective date, unless otherwise specified.
Article 5 – Rights and obligations Reinvigorated Caregivers and Customer
5.1 Reinvigorated Caregivers provides customized services and general training in burnout prevention, nutrition, mindset and other lifestyle coaching-related topics.
5.2 Reinvigorated Caregivers will always treat all information received from the Client confidentially.
5.3 Infringement of the Client's rights must be reported by e-mail to firstname.lastname@example.org. After the report, Reinvigorated Caregivers will investigate the presence of unlawful information within a reasonable time and, if possible, take action against it.
5.4 The Customer is obliged to provide correct information and declares that the information provided, such as that for registration, is correct and complete and that it will be adjusted by the Customer if it changes.
5.5 Customer may not provide third parties access to the online portal through its own registration. In case of violation, the Customer is fully liable for the direct and indirect damage thereof.
5.6 Reinvigorated Caregivers reserves the right to change or discontinue any part or all of the functionality of one or more features of Reinvigorated Caregivers at any time for any period of time or forever. This will always be communicated to the Customer. As a result of this change or discontinuation, part or all of the information shared by Customer may be inaccessible or lost. In the event of a change, as referred to at this point, for whatever reason, the Customer is only entitled to a pro-rata return of the amount already paid (in advance).
Article 6 – Payment
6.1 The fee will be invoiced prior to the period.
6.2 Payment of the fee must be made no later than 14 days after the invoice date if a payment method based on direct transfer (iDeal, PayPal, credit card, etc.) is not used.
6.3 Reinvigorated Caregivers is at all times entitled to demand full or partial payment in advance and/or to obtain security for payment in some other way.
6.4 If the Customer does not pay the amounts due within the agreed term, the Customer will owe statutory interest on the outstanding amount without any notice of default being required. If the Customer continues to fail to pay the claim after notice of default, the claim can be handed over, in which case, in addition to the total amount owed, the Customer will also be obliged to pay full compensation for extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs established by law, in connection with the collection of this claim or the exercise of legal rights in any other way, the amount of which is set at a minimum of 15% of the total amount with a minimum of € 75.
6.5 Without prejudice to its other rights under the law or the Agreement, Reinvigorated Caregivers is entitled to suspend the Service in the absence of timely payment without being obliged to pay any compensation to the Customer for costs or damage.
Article 7 - Communication
7.1 Communication by Reinvigorated Caregivers can take place in various ways such as update notifications or reminders, e-mail or otherwise.
7.2 Customer agrees that Reinvigorated Caregivers may approach Customer for changes or updates to the services if it deems this necessary.
7.3 Customer agrees that Reinvigorated Caregivers or one of its affiliated parent or sister companies may approach Customer for commercial purposes. After receiving an initial approach, the customer has the option of not wanting to be approached in the future.
7.3 Members can communicate with each other within the services of Reinvigorated Caregivers, for example, by posting comments or sending messages. Customer agrees not to send spam or otherwise unsolicited communications, of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, libellous, infringing, privacy-violating or advertising-containing communications. Violating these terms and conditions may result in immediate denial of access to and use of Reinvigorated Caregivers' services and termination of the license to use.
7.4 Reinvigorated Caregivers is at all times free to remove user communications or other parts of the shared information without further notice if the content of these communications and information justifies their removal.
Article 8 – Intellectual property rights
8.1 All intellectual and industrial property rights concerning the Website and other services and concerning everything that Reinvigorated Caregivers develops, manufactures or provides, including knowledge programs, texts, designs, videos and images, belong to Reinvigorated Caregivers.
8.2 The Customer is not permitted to remove or change any designation about brands, trade names, copyrights or other intellectual or industrial property rights.
8.3 The Customer is not permitted to copy, reproduce or otherwise reproduce, translate, adapt, imitate, modify or reconstruct the service or part thereof.
8.4 Insofar as necessary for the use of the Services, the Client obtains a non-transferable and non-exclusive right of use with regard to these intellectual property rights.
Article 9 – Liability
9.1 Reinvigorated Caregivers is never liable for any direct and indirect damage suffered by the Client or third parties, including consequential and immaterial damage resulting from the use or non-use of the Services.
9.2 The Client will indemnify Reinvigorated Caregivers and third parties engaged by it against all third-party claims concerning liability, damage and costs arising as a result of or related to the use or non-use by the Client of the Services.
9.3 Specified deadlines are approximate and cannot be regarded as strict deadlines. Reinvigorated Caregivers is not liable if specified terms are exceeded
9.4 The previous paragraphs of this article do not apply if and insofar as the damage in question is caused by intent or gross negligence on the part of Reinvigorated Caregivers (senior management personnel).
Article 10 – Advice
10.1 All advice, shared knowledge and notifications and statements provided by Reinvigorated Caregivers about, among other things, the characteristics of services to be provided by Reinvigorated Caregivers are entirely without obligation and are provided by Reinvigorated Caregivers by way of non-binding information. Reinvigorated Caregivers does not provide any guarantees in this regard.
10.2 Reinvigorated Caregivers is not liable for any direct or indirect damage, in whatever form and for whatever reason, arising from the provision of information and/or advice by Reinvigorated Caregivers. The customer indemnifies Reinvigorated Caregivers against all claims from third parties unless there is intent or gross negligence on the part of Reinvigorated Caregivers.
Article 11 – Privacy
Article 12 – Applicable law
12.1 This Agreement is exclusively governed by Dutch law.
12.2 Insofar as national legal rules do not prescribe otherwise, the court in Amsterdam has exclusive jurisdiction to hear disputes arising from or related to the Agreement between the parties.
12.3 The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party, including entities within the group of which the Customer is a part, without the prior written consent of Reinvigorated Caregivers. Reinvigorated Caregivers is entitled to transfer the rights and obligations under the Agreement to third parties. The Client hereby grants its consent to such a transfer.