Article I. Definitions
(a) Cosmo Kids College, located in the Netherlands, Chamber of Commerce number 53214226, is referred to as the Service Provider in these general terms and conditions.
(b) The counterparty is referred to as the customer in these general terms and conditions.
(c) The agreement refers to the online programs under which the Service Provider performs services for the customer against payment, and to which the general terms and conditions apply.
(d) Training refers to all products through which the Service Provider imparts knowledge, skills, and assignments in an online environment.
(f) Subscriber refers to the Service Provider providing certain programs, courses, or other content in an online environment, which the customer gains access to according to a schedule after subscribing.
Article II. Applicability of general terms and conditions
(a) These terms and conditions apply to all quotations, invoices, work, agreements, provision of services and products by or on behalf of the Service Provider, to the extent that these terms and conditions have been declared applicable, unless explicitly and in writing deviated from.
(b) The terms and conditions also apply to actions of third parties engaged by the Service Provider in the context of the assignment.
(d) The applicability of the customer's general terms and conditions is explicitly rejected.
(e) If one or more provisions in these general terms and conditions are or become null and void or are annulled in whole or in part at any time, the remaining provisions in these general terms and conditions shall remain fully applicable.
Article III. Rates and payments
(a) The agreement for a training is entered into for an indefinite period of time or for a specific duration of the program. This will be clearly indicated on the website or at the time of payment.
(b) Payment is made online through a payment link on the website. Payment can be made using iDeal, credit card, PayPal, and other payment systems.
(c) The price of the selected product or service, including VAT, is stated on the website.
(d) Payment for a training with a fixed duration can be made in one installment or, in some cases, in installments. In the case of payment in one installment, the entire payment is made in advance. In the case of payment in installments, the first payment is made in advance (at the start of the program) and the subsequent payments are made 1 month later.
(e) With the first payment of a program with a fixed duration, the obligation to pay all installments arises, even if the entire program or course is not completed.
(f) Payment for a program of indefinite duration and for a membership is made in advance. The first payment is made at the start of the program or membership, and subsequent payments are made 1 month later.
(h) The Service Provider is entitled to suspend access until the (next) payment has been made.
(i) The agreed rates at the time of entering into the agreement are based on the price level in effect at that time. The Service Provider has the right to adjust the prices at any time if changed circumstances require. Adjusted rates will be communicated to the customer as soon as possible. Rates will not be adjusted more frequently than once every 6 months.
(j) If the customer is in default of timely payment of an installment or monthly payment, the customer is automatically in default and owes statutory interest. The interest on the amount due will be calculated from the moment the customer is in default until the moment of full payment of the.
Article IV. Customer Information Provision
(a) The Customer indemnifies the Service Provider against any damages resulting from non-compliance with the provisions stated in this article.
Article V. Execution of the Agreement
(a) The Service Provider executes the assignment to the best of its knowledge and ability. It shall not be liable for the failure to achieve the result intended by the customer. This applies to training, courses, and memberships.
(b) The customer is responsible for the application or implementation of knowledge or actions gained during training, or memberships.
Article VII. Additional Conditions for an Online Course or Membership
(a) The customer gains access to the online training or membership after payment of the full amount or, if applicable, the first installment.
(b) The customer maintains life time access to the content.
(d) Due to the use of a third-party platform for the training and membership, the Service Provider cannot guarantee that the content of the training will be available at all times and locations.
(e) The Service Provider is entitled to expand, restrict, or modify the content of a course or membership.
(f) The customer obtains a limited and personal right to use the content of the course for personal purposes. The course content may not be shared. Small excerpts from the course may be shared on social media for inspirational purposes, with proper attribution.
(g) It is not allowed to share login credentials for a training with others.
(h) During training, participants may have the opportunity to join a community, such as on Facebook. Customers are not allowed to post spam, promotional messages, racist, or otherwise negative comments on such platforms, at the discretion of the Service Provider. Violation of these terms may result in immediate denial of access and use of the Service Provider's services.
(i) The Service Provider is free to delete communications or other shared information without further notice if the content of such communications and information justifies their removal.
(j) The Service Provider reserves the right to exclude participants from further participation, and if necessary, from future participation, if their behavior hinders or complicates the course. Exclusion does not relieve the obligation to pay for the relevant content.
Article VIII. Force Majeure
(a) In the event of force majeure, both parties are entitled to interrupt or reschedule the agreement. Force majeure includes circumstances beyond the control of the parties that temporarily prevent the performance of the agreement, such as illness, accidents, viruses, fire, or government measures.
(b) If a situation as described in the first paragraph of this article occurs or if other circumstances arise that temporarily prevent the continuation of the agreement, the obligations will be suspended until the parties can fulfill their obligations. The parties shall jointly seek a solution in such a situation. If this situation continues without a suitable solution, both parties have the right to terminate the agreement in writing without undoing the actions taken. Costs incurred and hours worked up to that point become immediately due and payable.
Article IX. Liability for Damages
(a) The Service Provider is not liable for damages resulting from this agreement unless the damages are caused intentionally or through gross negligence.
(b) The Service Provider is not liable for damages arising from reliance on incorrect or incomplete information provided by or on behalf of the customer.
(c) The customer remains solely responsible for the application or implementation of knowledge or actions gained during a training.
(d) The lectures provided by Cosmo Kids College are intended solely for informational purposes and should not be considered a substitute for professional medical advice, diagnosis, or treatment. They are designed to offer general guidance and promote awareness about certain topics. If you have specific psychological questions or concerns regarding children or young people, it is crucial to consult a qualified healthcare professional, such as a general practitioner or another appropriate specialist. Every individual is unique, and their circumstances may require personalized attention and expertise. Reliance on the information presented in these lectures without seeking professional advice is at your own risk. The creators and contributors of the lectures do not assume any responsibility for any consequences arising from the use or misuse of the provided information.
(d) In the event that the Service Provider is liable to the customer for damages, the damages shall not exceed the amount charged by the Service Provider to the customer.
(e) The customer indemnifies the Service Provider against all claims by third parties relating to the services and products provided by the Service Provider.
Article X. Intellectual Property
(a) The intellectual property rights to the materials and advice provided by the Service Provider to the customer belong to the Service Provider. The customer is expressly prohibited from reproducing, disclosing, or making available the materials and providing documentation to third parties without prior written permission.
(b) Any action in violation of the provisions stated in this article shall be considered a copyright infringement.
(c) In case of copyright infringement, the Service Provider is entitled to compensation amounting to at least ten times the usual license fee charged by the Service Provider for such use, without waiving the right to compensation for other damages incurred.
(d) When recordings are made during a session by the customer, it must be communicated to the Service Provider at all times, and it is expressly prohibited to use these recordings for purposes other than personal use. When recordings are made in a group setting, consent from the entire group is required.
Article XI. Special Provisions
Article XII. Complaints
(a) The customer is obliged to report complaints about the provided services and products as soon as possible, but no later than 48 hours after the occurrence of the complaint, in writing and with proper justification to the Service Provider. The Service Provider aims to handle complaints within 48 hours.
(b) Filing a complaint does not suspend the payment obligation.
Article XIII. Dispute Resolution
(a) Dutch law applies to these general terms and conditions.
(b) The parties will only resort to the courts after making every effort to settle a dispute through mutual consultation.
(c) All disputes shall be settled by the competent court in the district where the Service Provider is located, unless a legal obligation dictates otherwise.