General terms and conditions neurotraining and exercise program
General:
General Terms and Conditions Neurotraining of Dynamisch Bureau bv, located at Zuid-Hollandlaan 7, 2596 AL in The Hague and registered with the Chamber of Commerce under number 27281205. Dynamisch Bureau bv is active in the field of talent management, (career) coaching, outplacement, reintegration, supported – if desired – with neurotraining.
These terms and conditions apply to all quotations issued by and agreements entered into with Dynamisch Bureau bv. The general terms and conditions of its contracting parties do not apply. Insofar as other general terms and conditions of Dynamisch Bureau bv are also declared applicable, these terms and conditions shall apply in addition to those. In the event of a conflict between provisions of these terms and conditions and the provisions of other general terms and conditions of Dynamisch Bureau bv, the provisions of the other terms and conditions shall prevail.
1. Definitions:
The Service(s): the provision of talent management, (career) coaching, outplacement, and reintegration, optionally supported by neurotraining, including the use of a digital platform consisting of individual (digital and virtual) measuring devices, an app, and a web portal made available and provided by Brainmarker Performance bv (hereinafter referred to as: the Platform).
Client: a customer of Dynamisch Bureau bv. who uses the Services and/or has access to the Platform.
(User) Account: the access right to a user interface that allows the Client to manage certain aspects of the Service(s).
Consent Statement: a digital form through which the Client grants Brainmarker Performance bv permission to manage and share the data provided by the Client in accordance with the terms and Privacy Statement of Brainmarker Performance bv.
Information: the data, images, video and audio files, and other content that the Client can share via the Platform, including (audio and video) communication that may occur through the use of the Services.
Parties: Dynamisch Bureau bv and the Client collectively, each individually referred to as a ‘Party’.
Privacy statement: the privacy statement of Dynamisch Bureau bv that applies to the collection and processing of personal data.
2. Use of the Platform:
2.1 The Platform is a digital platform with exercise programs, education and various equipment to provide insight into bodily functions and for training purposes, with the aim of improving physical and/or mental performance as well as to reduce complaints. It is not a medical device and cannot and should not be used to diagnose, treat, or cure any medical conditions. The use of the Platform is at your own risk. Dynamisch Bureau bv accepts no liability whatsoever in this context.
The Platform allows Parties to communicate with each other remotely and/or send measurements of body values. Details about the Platform, the functionalities and the manufacturer/supplier can be found on www.brainmarker.com.
2.2 By using the Services and thus also by using the Platform, the Client also agrees to the general terms and conditions and the privacy statement of Brainmarker Performance bv by accepting the Declaration of Consent. In the event of a conflict between the general terms and conditions of Brainmarker Performance bv and these general terms and conditions of Neurotraining, these general terms and conditions of Neurotraining of Dynamisch Bureau bv shall prevail.
2.3 The Client is a third party in the relationship with Brainmarker Performance bv.
2.4 Dynamisch Bureau bv is not liable for damage or costs resulting from misuse of, or unauthorized access to, the Platform.
2.5 Dynamisch Bureau bv is not liable or responsible for the Information and/or data, or the correctness or correctness of the Information and/or data that is entered and/or communicated by the Client when using the Platform. The provision of incorrect and/or incomplete information by the Client is at the Client’s own expense and risk.
2.6 Dynamisch Bureau bv is not liable for incorrect and/or incorrect use of the Platform by the Client.
2.7 The Client indemnifies Dynamisch Bureau bv against all possible claims from third parties as a result of unauthorised use of the Platform.
3. Consent of minors
3.1 The following rules apply as far as Minor Clients are concerned:
– Up to the age of 12, the parents/guardians must give permission for the training. The minor does not have to give permission, but does have the right to information.
– from the age of 12 to 15, both the parents/guardians and the minor must give permission;
– From the age of 16, the consent of the minor himself is sufficient.
3.2 Insofar as the Client purchases a Service that does not fall under the WGBO and the Client is a minor, the consent of the parents/guardians up to the age of 18 is required. This consent may be implicit. The consent is presumed to have been given to the minor if it concerns a legal act in respect of which it is customary in society for minors of that age to perform that legal act.
4. Personal data:
4.1 When using the Service, (personal) data may be stored and processed by Dynamisch Bureau bv and/or their processors. The privacy statement (https://www.dynamischbureau.nl/privacyverklaring) describes which data is collected and processed. This is done in accordance with the General Data Protection Regulation (GDPR), which has been in force since 25 May 2018.
5. Liability:
5.1 Dynamisch Bureau bv is not liable for damages, of whatever nature, as a result of the Client relying on incorrect and/or incomplete information provided by the Client, unless this inaccuracy or incompleteness should have been known to Dynamisch Bureau bv.
5.2 If Dynamisch Bureau bv should be liable, this liability is limited to what is regulated in this provision.
5.3 For all direct damage suffered by the Client and/or person for whom the Service is provided, in any way related to, or caused by, non-timely or improper execution of the assignment or partial assignment, the liability of Dynamisch Bureau bv is limited to the amount for which the Contractor is liable in respect of the non-performance of, has not insured timely or improper performance thereof and the insurer makes payments, or if the contractor does not provide cover for the assignment granted, up to an amount that is no more than equal to the sum of the (partial) assignment.
5.4 Dynamisch Bureau bv is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
5.5 Dynamisch Bureau bv has at all times the right, if and to the extent possible, to limit or repair any damage suffered by the Client.
5.6 The Client indemnifies Dynamisch Bureau bv against claims from third parties for damage caused by the Client providing incorrect or incomplete information, or for non-compliance with (other) obligations of the Client pursuant to the assignment.
5.7 The limitations of liability for direct damage included in this provision do not apply if the damage is due to intent or gross negligence on the part of Dynamisch Bureau bv and/or its subordinates.
6. Miscellaneous
6.1 Dynamisch Bureau bv is entitled to transfer the rights and obligations under these general terms and conditions to a third party. The Client is not permitted to transfer the rights with regard to the Services, the use of the Platform or parts thereof to third parties, unless Dynamisch Bureau bv has given explicit permission to do so.
6.2 If a provision of these general terms and conditions is null and void or voidable and/or voidable, this does not affect the validity of the other provisions.
6.3 The agreements between Dynamisch Bureau bv and the Client, the Privacy Statement and these general terms and conditions are governed by Dutch law.
6.4 The District Court of The Hague has exclusive jurisdiction to hear disputes relating to these general terms and conditions and the use of the Service(s).