Terms and conditions
Article 1 - Definitions
- T.A.N.G.O. 4 Health: the one-man business T.A.N.G.O. 4 Health, established in Donkerbroek and registered with the Chamber of Commerce under file number 59722606.
- Customer: the natural person or legal person who works with T.A.N.G.O. 4 Health has entered into an agreement.
- 'General terms and conditions' means: the entirety of the provisions as included below.
- Services: all services that T.A.N.G.O. 4 Health provides for the customer. This includes, but is not limited to: educating therapists and individuals by providing training, courses and master classes.
- Agreement: the agreement between T.A.N.G.O. 4 Health and customer under which T.A.N.G.O. 4 Health will perform the service.
- Private customer: the natural person who does not act on behalf of his profession or his company.
- Information: all data provided by the customer.
- Written: by letter, e-mail and digital reporting.
- Confidential information: all financial, business and personal data provided by the customer and/or T.A.N.G.O. 4 Health are entered, processed and saved.
- Website: www.tango4health.com
Article 2 - Applicability
- These general terms and conditions apply to every offer and every agreement concluded between T.A.N.G.O. 4 Health and customer.
- Before the agreement is concluded, the text of these general terms and conditions will be made available to the consumer. By purchasing via the webshop, the customer declares that he has taken note of these general terms and conditions of T.A.N.G.O. 4 Health and that he agrees to these terms and conditions.
- In the event of a conflict between these general terms and conditions and agreements made in an agreement, the provisions of the agreement will prevail.
- The applicability of the general terms and conditions of the customer is rejected by using these general terms and conditions.
Article 3 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer.
- Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer.
Article 4 - The agreement
- Subject to the provisions of paragraph 3, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
- After the conclusion of an agreement, it can only be changed with mutual consent.
- T.A.N.G.O. 4 Health has the right to have certain services performed by third parties, without having to inform the customer thereof.
- Changes to the originally concluded agreement between the customer and T.A.N.G.O. 4 Health are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended written agreement.
- If the customer wishes to cancel an agreement before the commencement of the purchased product or service, the customer is obliged to pay a compensation of 30% of the agreed fee.
- T.A.N.G.O. 4 Health reserves the right to adjust the prices of products.
Article 5 - Rights and obligations for T.A.N.G.O. 4Health
- T.A.N.G.O. 4 Health guarantees that the assignment given to it will be carried out to the best of its ability, with due care and professionalism.
- T.A.N.G.O. 4 Health makes every effort to protect the data that T.A.N.G.O. 4 Health stores for the customer in such a way that this data is not available to unauthorized persons.
- In the event of complaints made by the customer about the services and/or products provided, T.A.N.G.O. 4 Health will consult with the customer about a suitable solution for both.
- T.A.N.G.O. 4 Health is entitled, after consultation with the customer, to publish the customer's data (name, company name and position) on the website of T.A.N.G.O. for promotional purposes such as reviews. 4 Health and/or other promotional expressions of T.A.N.G.O. 4Health.
- T.A.N.G.O. 4 Health is entitled, if the customer fails to fulfill his payment obligation, to suspend the right to participate.
Article 6 - Rights and obligations for customer
- In principle, the customer must comply with the provisions laid down in these terms and conditions, unless agreed otherwise.
- The customer shall serve T.A.N.G.O. 4 Health with all correct data that the customer can reasonably foresee are necessary for the correct execution of the agreement. The customer is in any case obliged to inform T.A.N.G.O. 4 Health without delay, or to have it notified by a third party, of changes in personal data, company data or other information to which T.A.N.G.O. 4 Health requests.
- If, as an exception to Article 6.2, the information required for the execution of the agreement is not provided to T.A.N.G.O. 4 Health, T.A.N.G.O. 4 Health has the right to suspend the execution of the agreement and/or to charge the extra costs resulting from the delay to the customer.
- The customer informs T.A.N.G.O. 4 Health immediately by mail, of any changes in name, address, email and, if requested, his/her bank account number.
- In case of complaints about the T.A.N.G.O. 4 Health products and/or services supplied, the customer must make these complaints known in writing to T.A.N.G.O. 4 Health within 7 days after delivery of the product/service, but no later than 60 days after completion of the process. T.A.N.G.O. 4 Health will notify the customer of receipt of the complaint within two working days. T.A.N.G.O. 4 Health strives to answer the complaint as soon as possible and to full satisfaction. The complaint will be handled confidentially within 2 working days and answered substantively within 10 working days, calculated from the date of receipt of the complaint. Questions or complaints that require a longer processing time will be answered within 2 working days with a message of receipt and an indication when the customer can expect a response. One year after delivery of the products and/or services, the customer indemnifies T.A.N.G.O. 4 Health of all legal claims in connection with those services and/or products provided. T.A.N.G.O. 4 Health will register the submitted complaint and the method of handling , this will be stored for up to 2 years after handling the complaint.
- The customer must make backup copies of all materials/data as described in article 6.2 that T.A.N.G.O. 4 Health needs for the implementation of the agreement. In case of loss of these materials/data, T.A.N.G.O. 4 Health is not liable for the resulting damage.
- When T.A.N.G.O. 4 Health provides login details to the customer, the customer is responsible for this information. T.A.N.G.O. 4 Health is not liable for misuse or loss of the login details and may rely on the customer logging in using the login details provided to the customer.
- The customer is obliged to maintain the confidentiality of all confidential information that he receives in the context of the agreement between the customer and T.A.N.G.O. 4 Health, obtained during the collaboration or from another source. Information is regarded as confidential if this has been communicated by the other party or if this appears from the standards of reasonableness and fairness.
- It is not possible to exchange and/or return purchased digital products, including an e-book or online service such as an e-book, course or programme. By ordering and paying for the digital products, the customer gains access to his/her purchase. The customer expressly agrees that he/she hereby waives the right to use a cooling-off period and the right to revoke the agreement.
- T.A.N.G.O. 4 Health can exclude products and services from the right of withdrawal, this will be indicated to the customer with the offer and again in good time before the conclusion of the agreement.
ARTICLE 7 - PAYMENT
- The payment obligation of the customer commences on the day on which the agreement is concluded.
- All invoices sent by T.A.N.G.O. 4 Health must be paid by the customer within 14 days, unless otherwise agreed in writing.T.A.N.G.O. 4 Health offers the option of paying the agreed quotation amount in pre-agreed installments. T.A.N.G.O. 4 Health reserves the right to invoice in full in advance. Invoices regarding a long-term trajectory, a course, training and/or workshop must be paid before the start of the assignment.
- If the customer does not meet his payment obligation in time, the customer is in default by operation of law without further notice of default being required.
- In case of late payment, T.A.N.G.O. 4 Health decide to temporarily suspend its activities until the moment of payment. If a late payment occurs regularly, T.A.N.G.O. 4 Health decide to terminate the assignment unilaterally.
- In the event of late payment, the customer, in addition to the amount due plus the statutory (commercial) interest, is obliged to pay a full compensation for both extrajudicial and judicial collection costs, which amount to at least 15% of the invoice amount with a minimum of €150. - excluding VAT amounts (in the case of a private customer, the statutory BIK amounts will be charged) and also the costs for lawyers, attorneys, bailiffs, collection agencies and any legal proceedings before the court or court of appeal.
- The claim for payment is immediately due and payable if the customer is declared bankrupt, applies for a suspension of payment, or if the customer's assets are seized in full, the customer dies and furthermore, if it goes into liquidation or is dissolved.
- In the above cases, T.A.N.G.O. 4 Health also has the right to terminate or suspend performance of the agreement or any part thereof that has not yet been performed, without notice of default or judicial intervention, and without the right to compensation for damage for the customer that may arise as a result.
- The customer agrees that T.A.N.G.O. 4 Health invoices electronically. If the customer wishes to receive an invoice by post, T.A.N.G.O. 4 Health reserves the right to charge additional costs of € 2.50 per invoice for this.
- The customer can object to the T.A.N.G.O. 4 Health sent invoices in writing to T.A.N.G.O. within 7 days after the invoice date. 4 Make health known. After receipt of the objection, T.A.N.G.O. 4 Health to investigate the correctness of the invoice amount. Objections to sent invoices do not suspend the customer's payment obligation.
- If payment is made by direct debit but direct debit proves impossible, for example due to insufficient balance on the customer's account or due to an incorrectly specified account number by the customer, the customer will owe €10.00 administration costs per unsuccessful direct debit.
- All by T.A.N.G.O. 4 Health products and services supplied remain the property of T.A.N.G.O. 4 Health until all amounts due by the customer to T.A.N.G.O. 4 Health are fulfilled. Also at all times with due observance of Article 9.
ARTICLE 8 - RESERVATION OF TITLE & INTELLECTUAL PROPERTY
- All intellectual property rights to all documentation, advice, teaching materials, models, techniques, instruments, as well as preparatory materials and reports published as part of the services developed or made available, are vested exclusively in T.A.N.G.O. 4 Health unless agreed otherwise in writing.
- The T.A.N.G.O. Products supplied by 4 Health may never be reproduced or resold, in whole or in part, unless agreed otherwise in writing.
- The content of the website, including but not limited to: the texts, images, design, brands and domain names, are the property of T.A.N.G.O. 4 Healthen are protected by copyright and intellectual or industrial property rights existing under applicable law. Users of the website are not permitted to reproduce or make available the website or any part thereof without the permission of T.A.N.G.O. 4Health.
- All copyrights and intellectual property on T.A.N.G.O. 4 Health developed products of the human mind are and remain the exclusive property of T.A.N.G.O. 4 Health, unless the rights are bought off or agreed otherwise.
- TANGO. 4 Health is not responsible for any information/content that the customer stores on the servers of T.A.N.G.O. 4 Health places or to T.A.N.G.O. 4 Health sends in the context of the service. If the information/content posted by the customer in any way infringes the rights of third parties or is contrary to laws and regulations, the customer will inform T.A.N.G.O. 4 Health against any claims for compensation that third parties may assert as a result of this action by the customer.
- Any act that violates Article 9.2 and Article 9.3 and Article 13.6 is considered an infringement of copyright.
- In case of infringement, T.A.N.G.O. 4 Health is entitled to compensation amounting to at least twice the license fee charged by it for such a form of use without losing the right to any compensation.
ARTICLE 9 - LIABILITY
- Any agreement between T.A.N.G.O. 4 Health and the customer can be characterized as a best efforts agreement whereby T.A.N.G.O. 4 Health is obliged to fulfill its obligations to the best of its ability, with due care and skill. T.A.N.G.O. 4 Health can therefore never be held liable for results not achieved or the extent to which the provision of the services contributes to what the customer and T.A.N.G.O. 4 Health set goal.
- The customer is and remains responsible at all times for performing actions as indicated by T.A.N.G.O. 4 Health are advised.
- If T.A.N.G.O. In the unlikely event that what is stipulated in Article 9.1 is nevertheless held liable, any liability is limited to compensation for direct damage up to a maximum of 2 times the amount of the price stipulated for that agreement (excl. VAT). This amount does not exceed €5,000. In the case of a continuing performance contract, any liability is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the customer.
- In addition to Article 9.3, T.A.N.G.O. 4 Health is then only liable for direct damage. Direct damage is exclusively understood to mean: 1) the reasonable costs incurred in determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions, 2) any reasonable costs incurred to poor performance of T.A.N.G.O. 4 Health to comply with the agreement, insofar as T.A.N.G.O. 4 Health can be attributed, 3) reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to limitation of direct damage as referred to in this article.
- TANGO. 4 Health excludes any liability for indirect damage suffered by the use of T.A.N.G.O. 4 Health services and/or products provided, with the exception of situations in which the damage is due to intent on the part of T.A.N.G.O. 4Health.
- Customer indemnifies T.A.N.G.O. 4 Health for all claims for compensation that third parties may assert in respect of damage that has arisen in any way as a result of the unlawful or careless use of the products and services of delivered to the contracting party T.A.N.G.O. 4 Health.
ARTICLE 10. CONFIDENTIALITY
- T.A.N.G.O. 4 Health, and for persons employed by T.A.N.G.O. 4 Health will treat the information provided by the customer confidentially. T.A.N.G.O. 4 Health conforms to the applicable privacy legislation.
ARTICLE 11 - INTERRUPTION OF THE SERVICES AND FORCE MAJEURE
- T.A.N.G.O. 4 Health is not bound by its obligations under the agreement if fulfillment has become impossible due to force majeure. If the force majeure continues for a period of 60 days, both parties are entitled to dissolve the agreement. What has already been performed under the agreement will then be settled pro rata.
- T.A.N.G.O. 4 Health depends on the cooperation, services and supplies of third parties in its activities, where T.A.N.G.O. 4 Health has little or no influence on it. T.A.N.G.O. 4 Health can therefore in no way be held liable for any damage whatsoever arising from a situation in which the shortcoming is due to a third party with whom T.A.N.G.O. 4 Health has entered into an agreement.
- In addition to the provisions of paragraph 11.2, force majeure certainly includes everything that has been adopted in this regard in law and jurisprudence.
- Force majeure in these terms and conditions means any of the will of T.A.N.G.O. 4 Health-independent circumstance – even if this could have been foreseen at the time the agreement was concluded – that permanently or temporarily prevents compliance with the agreement, including but not limited to: transport difficulties, fire, government measures, epidemics, pandemics, business failures at T.A.N.G.O. 4 Health, default by suppliers of T.A.N.G.O. 4 Health that makes T.A.N.G.O. 4 Health can no longer fulfill its obligations towards the customer, as well as other serious disruptions in the company of T.A.N.G.O. 4 Health or its suppliers.
- In case of force majeure, T.A.N.G.O. 4 Health also has the right to extend the term of delivery by the duration of the force majeure or to dissolve the agreement, insofar as it has not yet been performed, without T.A.N.G.O. 4 Health is obliged to pay any compensation in any form whatsoever, except under the provisions of Article 78, Book 6 of the Civil Code.
ARTICLE 12 - COMPLIANCE
- T.A.N.G.O. 4 Health will strive for the intended result agreed in the offer as much as possible in the execution of the agreement. If, in the opinion of the customer, the results delivered do not correspond to the intended result agreed in the offer, the customer and T.A.N.G.O. 4 Health, enter into consultation to ensure that the delivered goods still meet the intended results.
- In addition to what is stipulated in article 12.1, the costs for additional work as referred to in that article will be charged in accordance with the normal rate of T.A.N.G.O. 4 Health will be invoiced to the customer, unless, in the opinion of T.A.N.G.O. 4 Health can make it plausible that the deviations in the result are due to the defective implementation of the agreement on the part of T.A.N.G.O. 4Health.
- Should it be established that the defectiveness of the T.A.N.G.O. 4 Health services and/or products to be delivered are for the account of T.A.N.G.O. 4 Health, the customer is not entitled to compensation or dissolution of the agreement, except as stipulated in these conditions.
ARTICLE 13 - SPECIAL PROVISIONS FOR PROJECTS, ONLINE COURSES
- The customer is expressly forbidden, regardless of participation or not, to offer a similar course or workshop, whether or not with reference to or according to the method of T.A.N.G.O. 4 Health.
- The customer does not have any right or obligation to decompose the process, the course and/or training or the workshop and any action by the customer is at his own expense and risk. T.A.N.G.O. 4 Health does not accept any liability for the way in which the customer uses the manner and method of T.A.N.G.O. 4 Health that has been taught to him/her in practice.
- T.A.N.G.O. 4 Health is entitled, if the customer is in default with respect to the payment obligation towards T.A.N.G.O. 4 Health, to suspend the right to participate until the customer has fulfilled his/her payment obligation.
- In case of partial participation or premature termination by the customer, no refund of the invoice will be made. In the event of interim dissolution of a trajectory, course or training, the customer remains fully obliged to pay the full agreed quotation amount.
- After the end of the trajectory, the course or the training, the customer retains the limited right to log in to the online learning environment, T.A.N.G.O. 4 Health indicates in the offer how long the content will remain available. T.A.N.G.O. 4 Health strives to keep all material online. If T.A.N.G.O. 4 Health decides to remove material or move it to another website, T.A.N.G.O. 4 Health the customer here one month prior to the move or removal via the T.A.N.G.O. 4 Health most recent known email address. The customer is responsible for temporarily downloading files, if possible.
- The T.A.N.G.O. 4 Health provided to the customer provided log-in data and files and/or documents provided regarding the trajectories, courses, modules and programs may never be shared with third parties.
- If the customer proceeds to cancel the agreed assignment with regard to a course, training or program, the customer is obliged to pay a fee for the reserved participation: 1) cancellation up to 2 months before the start of the assignment: the customer is not obliged to pay compensation; 2) cancellation between 8 and 4 weeks before the start of the assignment: the customer is obliged to pay a compensation of 30% of the amount agreed in the offer; 3) cancellation between 4 and 2 weeks before the start of the assignment: the customer is obliged to pay a compensation of 50% of the amount agreed in the offer; 4) cancellation up to 1 week before the start of the assignment: the customer is obliged to pay a compensation of 75% of the amount agreed in the offer; 5) cancellation within 7 days before the start of the assignment: the customer is obliged to pay a compensation of 100% of the amount agreed in the quotation.
- Within the courses, training and programs messages can be sent via the platform. The customer is at all times responsible for the content of the messages that are sent. Messages that the customer sends within the platform may not contain discriminatory, pornographic, abusive or threatening content or violate the law in any way. T.A.N.G.O. 4 Health is at all times entitled to remove or change this information without stating reasons and to remove the customer from the platform.
- T.A.N.G.O. 4 Health makes every effort to ensure that the customer can use the platform on which the content of the online course/workshop is available. T.A.N.G.O. However, 4 Health does not provide any guarantee that the relevant platform will never become obsolete and therefore accepts no liability for the (temporary) unavailability of the platform.
- The content of the sessions, online content and or trajectories that T.A.N.G.O. 4 Health are offered can be supplemented or changed during the duration of the assignment.
- T.A.N.G.O. 4 Health reserves the right to remove participants from masterclasses and/or workshops or sessions if the participants hinder the performance due to their behaviour. Restitution of paid monies is excluded.
- T.A.N.G.O. 4 Health is entitled to cancel the masterclass, training and/or workshop if there are not enough participants.
- If T.A.N.G.O. 4 Health is forced to move the masterclass and/or workshop due to force majeure (as referred to in Article 12), the customer retains the right to attend the masterclass and/or workshop before the date to be determined.
- The T.A.N.G.O. 4 Health information provided to the customer regarding the services and/or products provided may never be shared with third parties.
ARTICLE 14 - OTHER PROVISIONS AND APPLICABLE LAW
- If any provision of these terms and conditions is null and void or is nullified, the remaining provisions of these terms and conditions will remain in full force and effect and T.A.N.G.O. 4 Health and the customer enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the void or voided provision are taken into account as much as possible.
- If the customer includes provisions or conditions in his order that deviate from, or do not appear in, these conditions, these are for T.A.N.G.O. 4 Health is only binding if and insofar as this is agreed upon by T.A.N.G.O. 4 Health have been expressly accepted in writing.
- If T.A.N.G.O. 4 Health deviates from the General Terms and Conditions on its own initiative in favor of the customer, the customer can never derive any rights from this.
- Any purchase or other conditions of the customer do not apply.
- Rights and obligations arising from an agreement can only be transferred by the customer to third parties if T.A.N.G.O. 4 Health has given written permission for this.
- To all legal relationships in which T.A.N.G.O. 4 Health is a party, only Dutch law applies.
- The customer and T.A.N.G.O. 4 Health will first try to settle any disputes in mutual consultation and amicably, with or without the help of legal assistance, before appealing to the courts.
- If mandatory rules do not stipulate otherwise, the competent court in the Northern Netherlands district is in the first instance authorized to take cognizance of disputes between T.A.N.G.O. 4 Health and the customer unless a legal provision prescribes otherwise.
Version October 2022