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General Terms & Conditions
With its registered office at Piet Heinstraat 13, 1215 KX Hilversum, the Netherlands. Registered with the Chamber of Commerce under number 83809325.
You can also download the T&C's in pdf format here.
Table of Content
SECTION 1. GENERAL
SECTION 2. USE OF THE COACHING PLATFORM
SECTION 3. DELIVERY OF PRODUCTS
SECTION 1. GENERAL
The provisions of this section apply to all Agreements with Juan Campoo, unless and only insofar as not expressly deviated from in the following chapters.
Article 1. Definitions
1. In these General Terms and Conditions, the following terms are capitalised and have the following meaning unless a different meaning is given to them elsewhere in the Agreement and/or the General Terms and Conditions or if a different meaning unmistakeably ensues from the context:
Juan Campoo: the contractual other party to the Agreement with the Client and the user of these General Terms and Conditions as referred to in Section 6:231.b of the Dutch Civil Code [Burgerlijk Wetboek (BW)].
Client: the party who has issued the order for the work or who has performed the registration (on behalf of the Participant) and the contractual counterparty to the Agreement with the Contractor as referred to in Article 6:231 sub c of the Dutch Civil Code. If the Client has registered for themself, then the Client is also the “Participant”.
Participant: the natural person who has registered themselves or has been registered for Coaching by a Client. If the Participant has registered for themself, then the Participant is also the “Client”.
Consumer: the natural person who, when entering into an Agreement with Juan Campoo, is not acting in the exercise of their profession or as a business.
Buyer: the person who purchases one or more Products from Juan Campoo against payment.
Coach: the person who carries out the Coaching and coaches the Participant(s) on that basis.
Agreement: the Agreement between Juan Campoo and the Client on the basis of which Juan Campoo will perform work for the Client or on the basis of which use can be made of the Coaching Platform or on the basis of which Juan Campoo will deliver Products against payment by the Client, or a combination thereof.
Coaching: all coaching, training, courses, workshops and guidance in the field of personal development, discovery and change in the broadest sense of the word, as well as facilitating processes or meetings. Coaching can take place both offline and online and both individually and in a group.
Product: any item that is offered for sale by Juan Campoo and/or is delivered to the Client in the context of the Agreement.
Coaching platform: the content made available by Juan Campoo online or through an app, including coaching and training videos and information. Participants can access this content via the platform and make use of Online Coaching, as well as come into contact with other Participants, all this insofar as agreed.
Account: collection of data relating to a particular Participant, which data can be viewed and changed via the Coaching Platform after providing the corresponding login details.
Credentials: a combination of a username, e-mail address and password that can be used to access an Account.
Content: all messages, data, information, texts, sound and visual material, such as photos, video or music as well as other (digital) material.
Use: “use” refers to any use of the Coaching Platform, including but not limited to loading (uploading), saving (downloading), logging in, retrieving, consulting, reading, viewing, listening, editing, filling in (forms), sending, (temporarily) copy, store, forward, distribute, use services, follow links to other websites and perform legal acts (such as buying, booking or renting).
Subscription: the Agreement with regard to the continuous or periodic use of Coaching services and/or the Coaching Platform.
Subscription Fees: the monthly fee that the Client owes Juan Campoo for the continuous or periodic use of Coaching services and/or the Coaching Platform.
Parties: Juan Campoo and the Client jointly and individually as “Party”.
General Terms and Conditions: the provisions set out in this document.
2. In these General Terms and Conditions, “written” also includes communication by email and digitally (e.g. via an online interface) provided the identity of the sender and integrity of the content are sufficiently established.
Article 2. Applicability and ranking
1. These General Terms and Conditions apply to all quotations, offers Agreements, deliveries and activities of Juan Campoo, of whatever nature, as well as to the conclusion thereof unless all or part of that applicability is explicitly excluded in writing or if the Parties have explicitly agreed otherwise in writing.
2. Any General Terms and Conditions of the Client of whatever nature are consequently explicitly excluded. Variations of and additions to these terms and conditions will be valid only insofar as Juan Campoo has explicitly accepted them in writing.
3. If Juan Campoo, for shorter or longer periods of time, allows for deviations from these General Terms and Conditions, implicitly or otherwise, it will be without prejudice to its right to demand immediate and strict compliance with these terms and conditions. The Client cannot derive any rights from the way in which the Juan Campoo applies these terms and conditions.
4. These terms and conditions also apply to all agreements with Juan Campoo, the execution of which requires the involvement of third parties.
5. If one or more of the provisions of these Terms and Conditions or any other Agreement with Juan Campoo should conflict with a mandatory statutory provision or any applicable legal provision, the relevant provision will become void and is replaced with a legally permissible and comparable new provision to be formulated by the Juan Campoo.
6. The Client with whom these terms and conditions were contracted on once, is expected to tacitly agree with the applicability of these terms and conditions to a subsequent Agreement to be concluded with Juan Campoo.
7. In the event of a conflict between the contents of an Agreement concluded between the Client and the Juan Campoo and these General Terms and Conditions, the contents of the Agreement prevail.
8. Juan Campoo reserves the right to change these terms and conditions at any time. The amended terms and conditions take effect at the announced time of their taking effect and also apply to Agreements already concluded. If no time of taking effect has been communicated, changes with respect to the Client will come into effect as soon as the change has been communicated to them.
Article 3. Quotations and establishment of agreements
1. The Agreement is concluded upon acceptance of the quotation or offer by the Client. The Client is not permitted to publish the offer made by the Contractor or to otherwise share it with third parties unless he has obtained the written consent of Juan Campoo.
2. If the Client verbally agrees to the quotation and concurs, or gives the impression, that Juan Campoo performs work that falls within the description of the assignment, the quotation will be considered as accepted. The same applies when the Client asks Juan Campoo to carry out certain work, without waiting for a formal quotation to be made.
3. If the Agreement is concluded online, the Agreement is concluded at the moment that the Client has successfully completed all steps of the online registration, order or registration process.
4. Quotations from Juan Campoo are made without obligation and can be revoked by Juan Campoo immediately after acceptance by the Client, unless a term for acceptance is stated in the quotation.
5. Obvious errors or clerical errors in Juan Campoo's quotations and offers are not binding on Juan Campoo.
6. If it appears that the information or data provided by the Client with the application or Agreement was incorrect or incomplete, Juan Campoo has the right to adjust its prices accordingly, or to terminate the Agreement.
7. Any additional agreements made or changes made later will only be binding for Juan Campoo, if these have been confirmed in writing by Juan Campoo.
Article 4. Execution of the Agreement
1. Juan Campoo will perform the work as carefully and professionally as possible on the basis of a best efforts obligation and, where appropriate, in accordance with the agreements and procedures laid down in writing with the Client.
2. The execution times mentioned are only indicative and in no way have a fatal character, unless otherwise agreed in writing.
3. Juan Campoo has the right to have certain activities performed by third parties without informing the Client. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is excluded
4. Juan Campoo has the right to replace third party(s) or employee(s) engaged by it. Juan Campoo will make every effort to deploy replacements of the same level to guarantee the continuity and quality of the assignment, insofar as possible.
5. The Client is obliged to do all that is reasonably necessary and desirable to enable a timely and correct execution of the Agreement. In particular, the Client shall ensure that all information and data, which Juan Campoo indicates are necessary or which the Client should reasonably understand to be necessary for the execution of the Agreement, are provided to Juan Campoo in a timely manner.
6. If the information and data as referred to in paragraph 5 are not provided to Juan Campoo in a timely manner, or if the Client does not fulfil its obligations in any other way, Juan Campoo has the right to suspend the fulfilment of its obligations without being obliged to pay out of any compensation.
7. The Client cannot enforce exclusivity on a Service provided by Juan Campoo. Juan Campoo is entitled to also serve direct competitors of the Client, unless agreed otherwise in writing.
Article 5. Term of the agreement
1. The Agreement is entered into for the term stated in the Agreement, quotation or order confirmation. If no term has been agreed, the Agreement is deemed to have been entered into for an indefinite period, unless a different term expressly arises from the nature of the Agreement.
2. The Agreement for a definite period cannot be terminated prematurely, except with the approval of both parties or if an exception is made for this purpose in the Agreement or General Terms and Conditions.
3. Cancellation takes place in writing. The Client will observe a notice period of 1 month for Agreements that have been entered into for an indefinite period, unless a different period is stated in the Agreement.
4. Agreements for a definite period end by operation of law without further notice being required after the agreed duration, unless otherwise agreed.
Article 6. Coaching
1. The Coaching is intended to help mentally and mentally healthy persons. Persons with serious mental or mental problems should seek medical advice from a doctor or psychologist.
2. In some cases, Juan Campoo will Coach Participants with mild depression or other mild psychotic disorders. Neither Juan Campoo nor the Coach is responsible for any health problems (psychological or otherwise) that the Participant experiences during or after the Coaching.
3. The Coaching given by Juan Campoo is not therapy. When the condition of the Participant during the Coaching so requires, the Participant must seek advice from a doctor or psychologist.
4. The Coach has the right to refer the Participant to a medical specialist if, in the Coach's opinion, this makes a positive contribution to the Participant's mental or physical condition.
5. If the Participant wishes to change, reduce or terminate any (medical) treatment, therapy or medication, the Participant must discuss this with the medical specialist who prescribes or carries out the relevant (medical) treatment, therapy or medication. Coaching is not intended as a replacement for such (medical) processes.
6. The expertise of the Coach is limited to the content and nature of the agreed Coaching. The Coach is not qualified to provide business, financial or other advice to the Participant.
7. If there is Coaching for several Participants, the Client guarantees that the number of Participants agreed in the assignment will actually participate in the Coaching. As soon as the Client has registered or enrolled one or more Participants for the Coaching, the registration is final. Participation cannot be cancelled at that time, unless expressly agreed otherwise. If one or more Participants nevertheless wish to cancel their participation or fail to show up, the full costs will be charged.
8. If the Client has registered themself or one or more Participants for participation in online Coaching, the relevant Participants will receive the necessary instructions before the start of the online Coaching to participate in the online Coaching, including any login codes and preparation instructions and materials. The Participants can then participate by following the instructions received.
9. The Participant is obliged to prepare sufficiently for the Coaching with and according to the preparation materials and instructions prescribed by Juan Campoo. If, in the opinion of Juan Campoo, the Participant has not prepared sufficiently for the Coaching and the progress or the result of the Coaching is adversely affected as a result, Juan Campoo has the right to unilaterally end the Coaching or to cancel appointments for Coaching sessions or move, without being obliged to pay any compensation or restitution. If Juan Campoo continues the Coaching despite the Participant's insufficient preparation, Juan Campoo is not liable for any disappointing results of the Coaching.
10. The result of the Coaching largely depends on the effort and dedication of the Participant to follow the program and to commit to it. An honest relationship with the Coach contributes positively to the result. The cooperation and an open attitude are of the utmost importance for the success of the Participant.
11. If the Coaching of the Participant is paid for by someone other than the Participant, the Coach will nevertheless act solely in the best interests of the Participant. The person who makes the payments on behalf of the Participant (Client) has no influence whatsoever on the judgment of the Coach who carries out the Coaching.
12. If a minimum number of Participants is stated by Juan Campoo for specific Coaching, this Coaching can only take place if there are sufficient registrations. If the minimum number of Participants is not achieved, Juan Campoo has the right not to have the relevant Coaching take place (to cancel) without being obliged to pay any compensation. In that case Juan Campoo will make a new proposal for a date and time for participation to the Client and Participants. If the Client or the Participants do not accept this proposal, Juan Campoo will refund the registration fee within 14 days.
Article 7. Cancellation, rescheduling and replacement
1. Juan Campoo is always entitled to change or cancel the date on which the Coaching takes place. Juan Campoo will inform the Client about this, as soon as possible. In doing so, insofar as possible, Juan Campoo will make a proposal for the Coaching on a new date. If the Client does not wish to use the Coaching on this new date, any amounts already paid by the Client will be refunded to the Client by Juan Campoo. Juan Campoo is not liable for any damage suffered by the Client as a result of the cancellation or rescheduling of the Coaching by Juan Campoo.
2. If the Client wishes to cancel or reschedule Coaching to another date, Juan Campoo will charge the following costs to the Client:
a. cancellation more than 60 days before the start of the Coaching: free of charge;
b. cancellation less than 61 days before the start of the Coaching: 50% of the total agreed fee;
c. cancellation less than 31 days before the start of the Coaching: 75% of the total agreed fee;
d. cancellation less than 7 days before the start of the Coaching: 100% of the total agreed fee;
3. If the location, where the Coaching would take place, charges Juan Campoo in case of cancellation or postponement by the Client, Juan Campoo will charge these costs in full to the Client.
4. If the Participant does not appear at an appointment made for a Coaching session (no show), Juan Campoo reserves the right to charge the full costs for this Coaching session and the Client is obliged to pay this.
5. Participants are added to a specific Coaching session or project in the order of registration.
6. Any amounts already paid minus the amount owed in connection with cancellation will be deducted by Juan Campoo, insofar as possible, from the new Coaching.
7. Juan Campoo has the right to deny a participant (further) participation or access to the Coaching, without being obliged to any compensation or restitution, in case of misconduct on the part of a participant or if a participant does not comply with the applicable instruction, house rule or safety measures, or if the participant disrupts or otherwise hinders the normal course of the Coaching with his/her behaviour.
8. In case of illness of a coach/trainer, Juan Campoo will make reasonable efforts to provide a replacement. If no replacement is possible, Juan Campoo will inform the Client of this as soon as possible and determine a new date in consultation. In these cases, Juan Campoo does not owe a refund of amounts already paid or any other form of compensation to the Client.
Article 8. Cancellation of customised coaching
1. There is a case of customised Coaching if Juan Campoo composes or develops a Coaching project specifically on behalf of the Client, based on the Client's wishes. It is not possible to cancel, dissolve or in any other way terminate a customised Coaching project.
2. If the Client decides not to use the services of Juan Campoo after the conclusion of the agreement with regard to customised Coaching, the Client will continue to pay the full fee agreed with regard to the execution of the Agreement, including the costs for development, consultations and Coaching sessions not taken, owed to Juan Campoo.
3. If there is a case of customised Coaching, this will be clearly stated by Juan Campoo in his offer.
Article 9. Cancellation by Juan Campoo
1. In case illness of a coach or any other form of force majeure, Juan Campoo will make reasonable efforts to provide a replacement. If no replacement is possible, Juan Campoo will inform the Client and Participant of this, as soon as possible, and determine a new date in consultation. In these cases, Juan Campoo does not owe a refund of amounts already paid or any other form of compensation to the Client or Participant.
2. If, in the opinion of Juan Campoo, the cooperation during the Coaching with the Participant(s) does not appear to work, then Juan Campoo reserves the right to (partially) terminate the Agreement with the Client and reimburse the remaining amount for Coaching sessions not yet held. Juan Campoo is not obliged to pay any further compensation in that case.
3. If a Participant of the training or course disrupts or otherwise hinders the normal course of the training or course with his/her behaviour or otherwise, Juan Campoo reserves the right to exclude the Participant concerned from (further) participation. Exclusion will be communicated to the Client in writing stating reasons, and does not affect the Client's obligation to pay the full amount, as stated in the order confirmation.
Article 10. Rates and rate changes
1. If the Agreement is a continuous performance contract, the amounts owed will be invoiced to the Client monthly or annually, prior to the new period, unless otherwise agreed, in writing.
2. If Juan Campoo has not made an offer or quotation, the fees for the services to be provided will be determined on the basis of the hourly rate. Insofar as possible, Juan Campoo will announce the hourly rates prior to the work.
3. Juan Campoo is entitled to adjust his rates on 01 January each year in accordance with the price index figure of the Netherlands Central Bureau of Statistics for commercial services (index 2020: 100).
Article 11. Amendment of the Agreement
1. If, during the execution of the Agreement, it appears that changing or supplementing the content of the assignment is necessary for a proper execution, the Parties will do this in mutual consultation.
2. Due to a change in the order, the specified term of execution may also change. The client accepts the possibility of changing the order, price and execution time.
3. Juan Campoo may refuse a request to change the assignment of the Client if this could have qualitative or quantitative consequences for the work.
Article 12. Payment terms
1. Payment of invoices shall take place within 30 days of the invoice date in a manner stipulated by Juan Campoo in the currency of the invoice, unless a different payment term has been agreed, in writing. Juan Campoo is entitled to send invoices digitally.
2. If, contrary to paragraph 1, it has been agreed that payment must be made in full or in part in advance, the invoice must be paid immediately, unless the Client makes the payment via a payment method offered online on the Juan Campoo website.
3. The Subscription Costs owed will be charged in advance each month or debited from the Client's account by means of direct debit.
4. After expiry of the payment term, the Client who does not pay on time will be in default by operation of law, without notice of default being required.
5. From the moment of default, the Client owes interest of 1% per month on the amount due, unless the statutory commercial interest is higher, in which case the statutory commercial interest applies. Parts of a month are considered a full month. All judicial and extrajudicial costs incurred by Juan Campoo in order to obtain payment - both in and out of court - will be borne by the Client from that moment on. In that case, the Client owes a payment of at least 15% of the outstanding amount, subject to a minimum of €150. For consumers, this is a percentage of at least 5% with a minimum of € 40. If the costs actually incurred and to be incurred by Juan Campoo exceed this amount, they are also eligible for reimbursement.
6. In the above cases, Juan Campoo furthermore has the right to terminate or suspend the Agreement or the part thereof that has not yet been performed without notice of default or judicial intervention, without the Client having the right to demand compensation for any damage that occurs for him as a result.
7. A claim for payment is immediately due and payable if the Client is declared bankrupt, applies for a moratorium or if assets of the Client are seized in full, if the Client dies and furthermore, if it goes into liquidation or is dissolved.
8. If the Client believes that an invoice is incorrect, the Client must notify Juan Campoo in writing of its objections within 14 days of the invoice date. The payment obligation remains at all times. Payment may therefore not be suspended. Any over-payment will be settled by means of a credit invoice, only after this has become apparent.
9. If, on the basis of facts and circumstances, there can be reasonable doubt as to whether the Client can fulfil its payment obligations, Juan Campoo has the right to demand financial security from the Client in the form of a suretyship for the invoice amount or, if it concerns a continuing performance contract, the agreed duration of the service.
Article 13. Liability
1. Unless there is intent or gross negligence, the liability of Juan Campoo for direct damage suffered by the Client as a result of an attributable shortcoming by Juan Campoo in the fulfilment of its obligations under the Agreement, is limited to a maximum of the compensation paid in that specific case by Juan Campoo’s insurer. If the insurer does not pay compensation, Juan Campoo's liability per event or a series of related events is limited to the invoice amount charged by Juan Campoo for the relevant Coaching activities, with a maximum of € 2,000.
2. Juan Campoo's liability for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption, illness of employees and/or personal injury is excluded in all cases.
3. Juan Campoo is not liable for damage, of whatever nature, caused by Juan Campoo relying on incorrect and/or incomplete data and information provided by or on behalf of the Client or Participant.
4. Juan Campoo's liability due to an attributable shortcoming in the fulfilment of the Agreement only arises if the Client gives Juan Campoo immediate and proper notice of default in writing and sets a reasonable term to remedy the shortcoming, and Juan Campoo continues to fail imputably in the fulfilment of his obligations even after that period.
Article 14. Complaints
1. Complaints are assessed by Juan Campoo. The Client will inform Juan Campoo, as soon as possible, of any complaints encountered by the Client or a Participant.
2. Complaints about the Coaching provided must be reported to Juan Campoo as soon as possible, and no later than 7 days after its termination. If the complaint is justified and can be resolved, Juan Campoo will try to resolve it as best as possible. Juan Campoo will make every effort to handle the complaint within a reasonable period of time.
3. If the Client reports a complaint later, he is no longer entitled to remedy, replacement or compensation.
4. As soon as it is established that a complaint is unfounded, the costs incurred by Juan Campoo as a result (such as investigation costs) will be fully borne by the Client.
5. Submission of a complaint does not suspend the Client's payment obligation.
Article 15. Force Majeure
1. Juan Campoo is not obliged to fulfil any obligation, if it is prevented from doing so as a result of a circumstance that is not due to fault, including in any case hindering government measures as a result of a pandemic or epidemic.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is included in the law and jurisprudence, all external causes over which Juan Campoo cannot exert any influence, but as a result of which Juan Campoo is unable to fulfil its obligations.
3. Juan Campoo can suspend the obligations under the Agreement during the period that the force majeure lasts, which also suspends the payment obligations of the Client. If such a period exceeds 90 days, either party may dissolve the Agreement without any obligation to pay damages to the other party.
4. Insofar as Juan Campoo has partially fulfilled an obligation under the Agreement at the time of the occurrence of force majeure or will be able to fulfil it during the period of force majeure, and the part fulfilled or to be performed has independent value, Juan Campoo is entitled to invoice the part already fulfilled or part to be fulfilled separately. The Client is obliged to pay this invoice.
Article 16. Intellectual property
1. Without prejudice to the other provisions of these General Terms and Conditions, Juan Campoo reserves the rights and powers accruing to Juan Campoo under the Copyright Act.
2. All copyrights relating to works provided by Juan Campoo to the Client or Participant or developed by Juan Campoo on behalf of the Client, such as course material, reports, advice, assignments, software, images, etc., belong solely to Juan Campoo and may only be owned, used and copied by the Client and Participant for (personal) use within their own organisation. The works provided or developed by Juan Campoo may not be made public or made known to third parties by the Client without the prior consent of Juan Campoo, unless the nature of the works provided dictates otherwise.
3. Juan Campoo reserves the right to use the knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.
Article 17. Confidentiality
1. The Parties undertake to observe secrecy regarding all confidential information they receive about the other party's business, including the contents of the Agreement. The Parties also impose this obligation on their members of staff, as well as third parties they engage for the performance of the Agreement. Information will, in any case, be deemed as confidential if designated as such by either party.
2. The confidentiality agreed in paragraph 1 of this article does not apply if Juan Campoo is obliged to provide confidential information to third parties designated by law or the competent court on the basis of a statutory provision or a court decision and Juan Campoo cannot invoke any right of non-disclosure or professional secrecy.
Article 18. Time limit
The term within which the Client can call on Juan Campoo for compensation for damage is, in all cases, limited to 1 year after the damage occurred, or the moment at which the damage could reasonably have been discovered. Juan Campoo's liability will, in any case, expire after 1 year after the execution of the work or the delivery of Products or services from which the damage arises.
Article 19. Applicable law, explanation of the terms and conditions and choice of forum
1. All Agreements concluded and to be concluded by Juan Campoo are governed by Dutch law.
2. With regard to the interpretation of the contents and purport of these General Terms and Conditions as well as in the case of a conflict between the contents or interpretation of any translations of these General Terms and Conditions and the Dutch version, the Dutch text will prevail at all times.
3. All disputes, including those that are only regarded as such by one of the parties, arising in connection with an Agreement to which the present terms and conditions apply in whole or in part, or in connection with other Agreements that are a consequence of such an Agreement, will be settled by the competent court in the district where Juan Campoo is established, unless a mandatory legal provision precludes this. This does not affect the fact that Juan Campoo can agree with the Client to have the dispute settled by means of independent arbitration.
SECTION 2. USE OF THE COACHING PLATFORM
The provisions of this chapter apply in addition to the provisions of chapter 1, if and only insofar as Juan Campoo enters into an Agreement with a Client regarding the use of the Coaching Platform. In the case of conflict between the provisions of this chapter and Chapter 1, the provisions of this chapter shall prevail.
Article 20. Subscription
1. The Subscription for an indefinite period is entered into until further notice and can be cancelled, in writing, by email, with due observance of a notice period of 1 month, and this cancellation may take place without stating reasons and motivation.
2. The Fixed-term Subscription ends by operation of law at the end of the agreed duration and cannot be cancelled by the Client before the agreed end date.
3. Any right of use with regard to the Coaching Platform lapses when the Subscription ends.
Article 21. Registration
1. To use the Coaching Platform, the Participant must register online (via the website).
2. During the registration process, the Participant must provide, among other things, a valid email address and a password. After the Participant has successfully completed all steps of the online registration process, the Participant will receive a confirmation email from Juan Campoo to verify the email address provided.
3. The Participant is obliged to fill in the information and data requested by Juan Campoo during the registration process, correctly, completely and truthfully.
4. Juan Campoo reserves the right, at all times, to refuse registration of an Account by a Participant without stating reasons.
Article 22. Account
1. The Account is personal, non-transferable and may only be used by the Participant. Login Details provided or received by the Participant are strictly confidential and may not be shared with third parties.
2. Juan Campoo is not responsible for misuse of Accounts and trusts that the person who registers on the Coaching Platform and uses the Login Details of a certain Participant, is actually that Participant. The Participant is responsible for all actions performed from the Participant's Account, including use by unauthorised persons.
3. The Participant must inform Juan Campoo, if the Participant suspects that an Account is being misused, or if the associated Login Data has been accessed by unauthorised persons.
Article 23. Use of the Coaching platform
1. The Participant guarantees that the information and data that the Participant places on the Coaching Platform or sends via the Coaching Platform is correct, complete and up-to-date.
2. The Participant is responsible for the Content that he or she places and communicates on the Coaching Platform. The Participant undertakes all risks associated with the use of his or her Content, including reliance on the accuracy, completeness or usefulness by third parties, or disclosure by the Participant of Content that makes the Participant personally identifiable.
3. The Participant declares that they are the owner or to have the required permissions or consent to place the Content on the Coaching Platform and to use the Content as described in these General Terms and Conditions and to grant the rights thereto.
4. The Participant understands and acknowledges that when using the Coaching Platform and the content, Products and services offered on it, he may be exposed to information and data that may be factually incorrect, offensive, indecent or otherwise objectionable to the Participant. The Participant waives all rights and/or (legal) remedies available to the Participant (if any) with regard to the aforementioned information and data vis-à-vis Juan Campoo.
5. The Participant is expressly, but not exclusively, prohibited from:
a. offering products or services on the Coaching Platform that are prohibited by law or the offer of which is punishable;
b. using the Coaching Platform in such a way that the rights of third parties are infringed;
c. using the Coaching Platform to spread computer viruses or material of a defamatory, obscene or threatening nature;
d. using the Coaching Platform for the distribution of material for promotional or publicity purposes (SPAM) without the prior written consent of Juan Campoo, unless the addressee has expressly requested its transmission;
e. making unlawful use of the Coaching Platform or the information provided and/or the Content displayed on it;
f. using the Coaching Platform in such a way that the Coaching Platform is damaged, distorted, interrupted, stopped, overloaded or otherwise made less efficient;
g. distributing in any medium any portion or portions of the Coaching Platform, including but not limited to Content published on the Coaching Platform, without the prior written consent of Juan Campoo;
h. changing or adapting any part of the Coaching Platform and/or the associated systems, programs, services and/or technology;
i. (an attempt at) circumventing, disabling or otherwise intervening in security-related parts of the Coaching Platform;
j. using the Coaching Platform or the systems, programs, services and/or technology contained therein for business applications without the prior written approval of Juan Campoo. This prohibition includes:
i. (re)selling access to the Coaching Platform and/or the services of Juan Campoo and Participants on another website, in particular with the aim of generating advertising and/or (subscription) income; and/or;
ii. further distribution of the services offered by Juan Campoo, including with the aim of generating income through business activities that are largely similar or comparable to the business activities driven by Juan Campoo;
k. collecting or assembling (part of) the content of the Coaching Platform or (personal) data regarding the Participants of the Coaching Platform, whether or not by using an automated system.
Article 24. Guidelines regarding publishing Content
1. Insofar as Participants have the option of publishing Content on the Coaching Platform and to communicate with other Participants, the Participant must observe certain guidelines. The content of the communication and Content must not:
a. incite criminal acts or acts that can cause damage to third parties;
b. be abusive, offensive, threatening, defamatory, obscene, hateful, derogatory or discriminatory;
c. be deceptive, misleading or contain falsehoods;
d. contain a series of arbitrary characters or sequences of words without meaning;
e. contain personal data of third parties who have not given explicit permission for this;
f. violate any copyright or intellectual property rights of third parties;
g. substantively deviate from the purpose for which the possibility to communicate or publish the Content is intended;
h. contain email addresses, URLs, telephone numbers, hyperlinks or personal data, unless this is expressly permitted.
Article 25. Changes and maintenance
1. Juan Campoo is allowed to change the operation, content and scope of the Coaching Platform, at any time, and at its own discretion and insofar as Juan Campoo deems this necessary. Juan Campoo does not require the Participant's prior consent for this.
2. Furthermore, Juan Campoo is free to close the Coaching Platform or a part thereof for use or to make it inaccessible in any other way.
3. Juan Campoo is entitled to temporarily deactivate the Coaching Platform and the underlying systems for the purpose of maintenance or the elimination of malfunctions, without being liable for compensation. Juan Campoo is not obliged to inform the user about this in advance.
4. Juan Campoo will make every effort to provide the Coaching Platform 24 hours a day, seven days a week without interruption, but offers no guarantees in this regard, unless otherwise agreed (e.g. by means of a Service Level Agreement (SLA) designated as such). Insofar as not provided otherwise in such an SLA, the provisions of this article apply to the availability.
5. Juan Campoo has the right to temporarily shut down its systems, including the Coaching Platform, or parts thereof for the purpose of maintenance, adjustment or improvement. Juan Campoo will try to arrange such a shutdown outside office hours insofar as possible and will make every effort to inform the Participant of the planned shutdown in a timely manner. However, Juan Campoo is never liable for compensation for damage in connection with such deactivation.
Juan Campoo will make every effort to inform the Participant about the nature and expected duration of the interruption in case the Coaching Platform is not available, due to malfunctions, maintenance or other causes.
Article 26. Intellectual property
1. The Content on the Coaching Platform is protected by copyright and, without the prior written consent of Juan Campoo (with the exception of the Content required to view the Coaching Platform), it may not be stored, reproduced, modified, made public, distributed or send, sell or otherwise transfer or grant any rights thereto.
2. By placing Content on the Coaching Platform, the Participant grants Juan Campoo the non-exclusive, perpetual, transferable, irrevocable and sub-licensable right, without any royalty or other compensation, to use, reproduce, adapt, translate, distribute, publish and create derivative works of the Content and to publish, reproduce or use the Content for promotional purposes in all known and future media. Juan Campoo is, among other things, entitled to use the Content posted by the Participant both offline and online in other Coaching processes for the benefit of other Clients.
3. Furthermore, the Participant gives Juan Campoo the right, as a licensee of his or her Content, to take legal action in his or her own capacity against third parties who infringe the rights in the Content and against third parties who act unlawfully against the Content and to claim in its own name and in its own title a prohibition, compensation and/or transfer of profits, in such legal proceedings.
4. The Participant hereby authorises Juan Campoo, if and insofar as Juan Campoo cannot act independently against the infringements/illegal acts reported in the previous sentence, to take legal action on behalf of the Participant against third parties who infringe the rights of the Participant with regard to the Content and against third parties who act unlawfully towards the Participant with regard to the Content.
5. If the Client or Participant uploads image or sound material via the Juan Campoo website, the Client or Participant thereby grants Juan Campoo a perpetual and unlimited license to use the uploaded image or sound material (hereinafter: “Uploaded Work”), without Juan Campoo owing any compensation to the Client or Participant for its use.
Article 27. Exclusion of use
1. Juan Campoo grants the Participant permission to access the Coaching Platform and the services of Juan Campoo and to use them in accordance with these General Terms and Conditions. Juan Campoo reserves the right to refuse the Participant (further) access to the Coaching Platform and the Account, or to close the Participant's Account, as well as by the Participant to remove posted Content from the Coaching Platform and from the systems, without Juan Campoo being obliged to pay any compensation to the Participant, if:
a. Content posted by the Participant on the Coaching Platform is incorrect, incomplete, outdated, misleading or in violation of laws and/or regulations;
b. there is a serious suspicion that the Participant is involved in fraudulent acts and/or there is fraudulent use or abuse of the Coaching Platform or the underlying systems;
c. the Participant does not comply with the rules as set forth in these General Terms and Conditions, including explicitly the guidelines with regard to publishing Content;
d. Juan Campoo suspects that an Account is being used by unauthorised persons or when an Account is being misused; or
e. other urgent and valid reasons require Juan Campoo to do so.
SECTION 3. DELIVERY OF PRODUCTS
The provisions of this chapter apply in addition to the provisions of chapter 1, if and only insofar as the Agreement concluded between the Parties (also) includes the delivery of Products by Juan Campoo to the Buyer. In the case of conflict between the provisions of this chapter and Chapter 1, the provisions of this chapter shall prevail.
Article 28. Delivery of Products
1. Unless expressly agreed otherwise, Products will be delivered to the delivery address specified by the Buyer. The shipping costs will be clearly stated in the offer.
2. If Juan Campoo has specified a term for delivery, this is only indicative. A specified delivery time can therefore never be regarded as a strict deadline. If a term is exceeded, the Buyer must therefore give Juan Campoo written notice of default. Juan Campoo must be offered a reasonable term to still deliver.
Article 29. Examination
1. The Buyer must check the delivered goods immediately after delivery for any deviations from what has been agreed. Any complaints regarding the delivered Products must be submitted in writing to Juan Campoo, at the latest, within 7 days of delivery. After the expiry of the aforementioned term, the delivered goods shall be deemed to have been irrevocably and unconditionally accepted by the Buyer. The Buyer must keep the defective Products at the disposal of Juan Campoo. Submitting a complaint does not suspend the Buyer's payment obligation with regard to the Products concerned.
2. If the Products are delivered to a delivery address specified by the Buyer and the Products are visibly damaged externally on arrival, the Buyer must make a written reservation in this regard against the carrier by means of a note on the proof of delivery and in derogation paragraph 1 of this article, must notify Juan Campoo of the provisions in within 48 hours of receipt.
3. Drawings, technical descriptions, models, samples, images, colours, weights, measurements and material designations are provided by Juan Campoo in good faith and as accurately as possible. However, this informative data is not binding. Minor deviations in the delivered Products must be accepted and do not entitle the Buyer to complaint, replacement, compensation for damage or any other right.
Article 30. Term of approval and revocation
1. In the case of a remote purchase, the offer will also include a trial period of 14 days, commencing on the day after receipt by or on behalf of the Consumer, unless otherwise agreed. In that case, the purchase is only final when 14 days have passed after receipt of the Product.
2. During the trial period, the Consumer has a right of revocation, whereby the Consumer has the option to return the Products received without any obligation on his part, other than compensation for the direct costs of return.
3. The Consumer can invoke the right of withdrawal by informing Juan Campoo of his intention in writing or by e-mail within a period of 14 days after receipt by or on behalf of the Consumer. For this purpose, the Consumer can use the return form made available by Juan Campoo on its website, but the Consumer is not obliged to do so.
4. If the Consumer invokes the right of revocation, Juan Campoo will refund any amount already paid by the Consumer within 14 days of receipt of the returned Products.
5. The Consumer can only actually make use of his right of revocation, if the Products concerned are returned complete, undamaged, unused and in the original packaging. However, the Consumer may remove the Product from the packaging insofar as this is necessary to assess whether the Product meets the Consumer's expectations, as long as the original packaging is preserved and the Product can be returned in undamaged condition. After the Consumer has used or processed the Product, the Consumer is no longer entitled to revocation.
6. After invoking the right of revocation, the Consumer must return the delivered goods to Juan Campoo within 14 days. The Consumer is charged the costs for the return.
Company Information
Juan Campoo - Coaching & Training
Hilversum, The Netherlands
KvK number: 83809325
BTW number: NL003873996B80