Terms and Conditions
General Terms and Conditions of Chiro Clique, a private company (besloten vennootschap) with its address at Maalderij 38, 1185 ZC in Amstelveen, The Netherlands and registered with the Chamber of Commerce under number: 87979039.
Article 1 – Definitions
In these General Terms and Conditions, the following terms are used as defined below unless explicitly stated otherwise.
General Terms and Conditions: The general terms and conditions as stated in this document.
Chiro Clique: Chiro Clique, a private company (besloten vennootschap) with its address at Maalderij 38, 1185 ZC Amstelveen, The Netherlands and registered with the Chamber of Commerce under number: 87979039.
Service: All work, of whatever form, that Chiro Clique carries out for or to the benefit of a Client.
Price: The financial reward for the performance of Chiro Clique of its Services pursuant to an Agreement that has been made with the Client.
Client: Any natural person or legal entity who entered into an Agreement with Chiro Clique and has accepted the applicability thereto of these General Terms and Conditions.
Agreement: Any agreement entered into between Chiro Clique and the Client for the provision of Services. An agreement may be for a limited period of time or indefinitely, as agreed on a case by case basis.
Article 2 – Scope
- These General Terms and Conditions apply to every offer and Agreement entered into between Chiro Clique and the Client, unless agreed otherwise explicitly and in writing.
- The applicability of any of the Client’s purchasing conditions or other general terms and conditions is hereby expressly rejected.
- If one or more provisions of these General Terms and Conditions are found to be void or voidable, the other provisions of these General Terms and Conditions shall remain in effect. In this event, Chiro Clique and the Client will consult each other to agree new provisions to replace the void or voided ones.
- Deviations from the Agreement and the General Terms and Conditions are only valid if they have been explicitly agreed with Chiro Clique in writing.
Article 3 – Offers and Formation of an Agreement
- Offers (such as fee quotes for a Service) are only valid when made in writing (including electronically such as via email).
- All offers are non-binding, unless a period for acceptance is stated in the offer. If a period for acceptance is stated in the offer, the offer will lapse after this period has expired.
- An Agreement is formed through the timely acceptance by the Client of Chiro Clique’s offer. Both offer and acceptance can be made electronically (e.g. via email) and the Agreement can exist of such offer and acceptance in absence of a separate written document containing an Agreement.
Article 4 – Execution of the Service
- Chiro Clique specializes in hosting seminars, online courses and events for medical professionals, and has the necessary knowledge and expertise to provide this Service on a fully independent basis.
- Chiro Clique accepts responsibility for conducting the agreed Services in the correct manner, and with due consideration to industry standards, practices, degree of accuracy and with the diligence of a good contractor.
- The Client is obliged to make available the required information, in the form, time and manner that Chiro Clique considers necessary to execute the Service. The Client guarantees the accuracy, completeness and reliability of such information.
- Chiro Clique may act as agent of the Client only if and insofar as the Client has assigned Chiro Clique in writing for that purpose. Without written delegation of authority, no authority or liability can be assumed.
- By attending the seminar you agree that it remains your responsibility for any activities or procedures that will be performed on you during the seminar. If you do not wish to participate in the activity or procedure you have the right to withdraw. Therefore Chiro Clique cannot be held responsible for any consequences.
Article 5 – Examination of Services
- The Client is obliged to examine the Services, including but not limited to written reports, reviews, et cetera, received from Chiro Clique and assess whether the quality of the Service offered meets what the parties agreed. Any defects or shortcomings shall be reported within 10 working days of receipt unless agreed otherwise.
- Chiro Clique will inform Client thereafter about its view on the alleged defects or shortcomings and on any applicable methods to repair the alleged defects or shortcomings.
- Client’s payment obligations will not be suspended if the Client reports a defect or shortcoming to Chiro Clique.
Article 6 – Ownership of Information
- Chiro Clique and the Client will take suitable measures for the protection of the personal data and confidential information originating from the each other.
- The documents delivered by Chiro Clique to the Client become the property of the Client after the Client has fulfilled his financial duties towards Chiro Clique, and may be used by him for this assignment with due regard for the rights which follow from the legislation in the field of intellectual property.
- Chiro Clique retains the exclusive right of publication, realisation and multiplication outside the assignment and retains the intellectual property of trademarks and patents of deliverables developed by him.
Article 7 – Prices
- All of our seminars and online courses will be offered tax free (CRKBO registration).
- The seminar fees cover the course materials.
- The fees may also include refreshments and/or lunch. This will be stated in the seminar advertisement.
- Prices may be agreed on the basis of hourly or daily rates plus expenses, or on the basis of a fixed fee for a specified Service. If payment in instalments has been agreed, the Client must make payments in accordance with the periods and percentages as established in the Agreement.
- If Chiro Clique agrees a fixed Price for a Service when the Agreement is entered into, then Chiro Clique is entitled to increase this Price unilaterally and to a reasonable amount, should the Agreement made rely on false assumptions or information provided by the Client.
- If Chiro Clique has the intention of amending the Price, it will inform the Client of this as soon as possible.
Article 8 – Amendment of prices
- Even if Chiro Clique agrees on a fixed Fee in the Contract, Chiro Clique is entitled to increase this Fee, also when the Fee is not originally granted with reservation.
- If Chiro Clique has the intention of amending the Fee, he will inform the Client as soon as possible. Chiro Clique will state the size of and the date on which the increase will take effect.
- If the increase of the Fee takes place within 3 months of the Contract being concluded, the Client can terminate the Contract by means of a written statement, unless:
- The increase is the result of an obligation or right of Chiro Clique or an obligation resting upon Chiro Clique in accordance with the law;
- The increase is due to an increase in the price of raw materials, wages etc. or on other grounds that could not reasonably have been foreseen when the Contract was concluded;
- Chiro Clique is still prepared to implement the Contract on the basis of the originally agreed Fee originally agreed or if the parties have agreed on a new Fee;
- When concluding the Contract, the parties have agreed that the work will commence at a time longer than 3 months after the date on which the Contract has been concluded.
Article 9 – Payment
- Payment of the amount takes place through the website (webshop) from Chiro Clique.
- The payment of the agreed amount takes place in advance.
- The Client is not authorised to deduct or offset any amounts from the payable amount due to Chiro Clique by reason of a counterclaim made by the Client.
- In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Chiro Clique and any other obligations of the Client towards Chiro Clique are immediately due.
Article 10 – Collection costs
- If the Client is in default or in breach in the (timely) fulfillments of the obligations of the Contract, all reasonable costs incurred in obtaining an out-of-court settlement will be borne by the Client. The Client will in any case owe collection costs.
- With regard to the extrajudicial (collection) costs, Chiro Clique, in deviation from article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, is entitled to a compensation of 15% of the total outstanding principal sum, with a minimum of €90,- for each invoice that has not been paid in whole or in part.
- With regard to the extrajudicial (collection) charges, Chiro Clique is entitled, in so far as the Client act in the capacity as a Consumer, to a payment of the maximum sum that is determine in the Payment of Extrajudicial Collection Charges Decree.
- Any reasonable legal costs and execution costs incurred will also be borne by the Client.
Article 11 – Suspension
- If the Client does not meet an obligation arising from the Agreement or does not meet it in a timely and complete manner, then Chiro Clique is entitled to suspend all its obligations under the Agreement.
- Moreover, Chiro Clique is entitled to suspend any of its obligations if:
- after the Agreement is entered into, Chiro Clique becomes aware of circumstances that give good grounds to fear that the Client will not fulfil its obligations;
- the Client has not made timely payments after being requested to do so;
- circumstances arise of such a nature that fulfilment of the Agreement is impossible, or that the performance of its obligations under the Agreement cannot be reasonably required of Chiro Clique.
- Chiro Clique reserves the right to claim compensation for any damages suffered.
Article 12 – Termination / cancellation
- If the event is cancelled by Chiro Clique for any reason, a full refund will be provided to existing bookings. Chiro Clique takes no responsibility for travel or accommodation expenses incurred by the delegate.
- In case of a seminar cancellation due to illness of the lecturer, insufficient number of participants, as well as other events for which we are not responsible or force majeure, there shall be no claim to having the seminar take place. We assume no liability for other immediate damages and costs such as loss of income, travel expenses, consequential and pecuniary damages of any kind.
- Should the registered delegate be unable to attend, a substitute delegate is welcome as long as he/she fulfills the attendance criteria. An additional fee of €25,- will be charged for a name change. Name changes must be sent by email to email@example.com.
- If a delegate chooses to cancel their booking, the following charges will apply:
- If a cancellation is made more than 30 days prior to the event: 100% refund, minus €50,- administration fee.
- If a cancellation is made more than 14 days prior to the event: 50% refund, minus €50,- administration fee.
- If a cancellation is made less than 14 days prior to the event: No refund is given.
- Cancellations must be sent by email to firstname.lastname@example.org.
- Refunds will not be given to any registrant who does not attend without advance cancellation notice (no show).
- For consumers a cooling-off period of fourteen days applies. This does not apply if you already attended the seminar or started the online course.
Article 13 – Force majeure
- Breaches may not be attributed to Chiro Clique or the Client if they are not their fault, or if they are not accountable by law, legal act, or according to the generally accepted standards. In this case the parties are also not bound to fulfil the obligations arising from the Agreement.
- Circumstances regarded as resulting from a force majeure include but are not limited to lockouts, fire, water damage, natural disasters or other external contingencies, mobilisation, war, traffic congestion, blockades, import or export restrictions or other government measures as well as any circumstances through which normal business operations are impeded, as a result of which the fulfilment of the Agreement by Chiro Clique cannot be reasonably sought by the Client.
- In case of force majeure the parties are not obliged to proceed with the Agreement and are not bound to pay any compensation for Services that have not been performed.
Article 14 – Liability and Indemnity
- Chiro Clique can only be held liable for direct damage to the Client that has arisen through wilful recklessness or an intentional act or omission of Chiro Clique in connection with the execution of the Assignment. Direct damage is taken to mean: the reasonable costs incurred by the Client to establish the cause and extent of the damage; the reasonable costs incurred to ensure that the Chiro Clique’s performance complies with the Agreement, and the reasonable costs incurred by the Client for the prevention and limitation of the damage.
- Chiro Clique shall not be held liable for indirect damage, including (but not limited to) in any event consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the Client.
- Chiro Clique shall not be held liable for damages of any nature resulting from Chiro Clique basing its actions upon inaccurate and/or incomplete information provided by the Client.
- If Chiro Clique is held liable for any damage, then such liability shall be limited to the lesser of (i) the agreed invoice amount for the Service performed by Chiro Clique that gave rise to such liability, with a maximum amount of the sum of the past 6 months’ invoices.
- The Client must report the damage for which Chiro Clique can be held liable to Chiro Clique as soon as possible, but in any event within 30 calendar days of becoming aware of such damage, in failure of which Chiro Clique cannot be held liable.
- The Client indemnifies Chiro Clique against any claims by third parties who suffer damage in connection with the Services offered.
Article 15 – Copyrights and intellectual property
- Chiro Clique reserves the rights and powers that accrue to him under the provisions of the Copyright Act and other intellectual property laws and regulations.
- Chiro Clique reserves the right to use any knowledge acquired for the performance of the work and general information for other purposes and other work, insofar as no confidential information is disclosed to third parties.
- The course material distributed becomes the property of the Client. The copyright of the course manual and the presentations used lies with the lecturer.
Article 16 – Confidentiality
- Both Chiro Clique and the Client are obliged, for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all information of employees, clients, clients and other relations that has been taken into consideration pursuant to the Contract.
Article 17 – Complaints
- In case the Client has a complaint regarding the manner in which Chiro Clique executes its business activities, the Client can file a complaint, to send an email to email@example.com
- Chiro Clique shall treat all complaints as confidential.
- Chiro Clique shall process the complaint. In case both parties do not reach a solution, Chiro Clique shall engage a mediator to reach a settlement.
Article 18 – Amendment of the General Terms and Conditions
- Chiro Clique is entitled to amend the General Terms and Conditions unilaterally to the extent such amendments are reasonable. Amendments will also apply to existing Agreements. Chiro Clique will inform the Client by email about any amendments.
- The amendments to the General Terms and Conditions will be in force thirty days after the Client is informed of such amendments.
- Should a Client disagree with the announced amendments, such Client and Chiro Clique are both entitled to terminate the Agreement.
Article 19 – Privacy
- Chiro Clique acts in accordance with the General Data Protection Regulation (GDPR) which is effective from May 25, 2018.
- Chiro Clique will keep the data and information that the Client provides to Chiro Clique carefully and confidentially. Chiro Clique will not keep the personal data longer than necessary.
- Chiro Clique may only and only use the personal data of the Client for necessary specific purposes: in the context of the implementation of its obligation to supply, or of dealing with a complaint.
- The Client has the right to inspect, correct and delete the information passed on personal data.
- Chiro Clique is not allowed to lend out, rent, sell, disclose or in any other way make public the personal data of the Client.
- The Client is entitled to file a complaint with the Dutch Data Protection Authority regarding his/her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.
- The Client agrees that Chiro Clique may approach the Client for statistical or customer satisfaction research. If the Client does not wish to be approached for research, the Client can make this known.
Article 20 – Cookies
- When visiting the website, Chiro Clique can obtain information from the Client about the use from the website by means of cookies.
- The information that Chiro Clique collects through cookies can be used for functional and analytical purposes.
Article 21 – Other
- These General Terms and Conditions are filed at the Chamber of Commerce under number: 87979039.
- If Chiro Clique does not require strict compliance to these General terms and Conditions, this will not mean that the provisions of the General Terms and Conditions will not apply, or that Chiro Clique to any degree would lose the right in other cases to demand the strict compliance of these General Terms and Conditions.
- In deviation of the statutory limitation period, a limitation period of one year applies to all claims against Chiro Clique.
Article 22 – Governing law and Jurisdiction
- The laws of The Netherlands are exclusively applicable to all legal relationships to which Chiro Clique is a party. This also applies if an obligation is wholly or partly fulfilled outside of the Netherlands or if the Client has its place of business outside of the Netherlands.
- Disputes between Chiro Clique and the Client will only be submitted to the competent court in the Netherlands, unless statutory laws of The Netherlands prescribe otherwise.