Terms and conditions

Hi,

 

thank you for taking the time to read the general terms and conditions of ōhnsu. In these terms & conditions, ōhnsu stipulates the conditions under which it provides its services and digital products. Please read them carefully!

Article 1 Contact details

 

Hi, I’m Mai from ōhnsu! If you’d like to ask me something, you can do so in the following ways: 


Email: hello@ohnsu.com
In writing: ōhnsu, Amsterdam, Anjeliersstraat 46H, 1015 NH, The Netherlands


Here are some important numbers:

 

Chamber of Commerce: 58076158

Dutch VAT number: NL002129121B43

Article 2 Reading guide

 

In these terms & conditions, the following terms, whether in the single or plural, will have the following meaning:

 

  • Call(s): an online meeting, including 1:1 coaching calls and group coaching calls;
  • Dutch Civil Code: the Dutch Civil Code, “Burgerlijk Wetboek”, “BW”;
  • In writing: communication via (registered) post, email, Slack or text message; 
  • I, me, mine: ōhnsu, the user of these terms&conditions;
  • Participant(s): the person(s) that will attend the program;
  • Store: the online store of ōhnsu, accessible at https://www.ohnsu.com/shop/;
  • Program(s): the services and / or digital products that ōhnsu offers, including but not limited to online coaching programs, group coaching calls, 1:1 coaching calls, readings and memberships;
  • You, yours: the natural person or legal entity (i.e. the client), that enters into an agreement with ōhnsu or wishes to enter into an agreement with ōhnsu; 
  • We, us, our: you and ōhnsu.

Article 3 Applicability 

 

My terms & conditions tell you what I do for you and what you can expect from me. They apply to every offer made by me and / or every agreement between us, the store of ōhnsu, and to all (other) activities that I perform for you.

Your general terms and conditions are hereby expressly rejected by me and will not apply to the agreement.

It may happen that we want to make a deviation and / or additional agreement. These changes should always be laid down in writing, so that we both know where we stand.

Article 4 The offer
 
I always tell you what you can expect from a program or product, how much it costs and if you have the right to cancel it. I communicate my prices and offers on my website, verbally or via email. Offers are always without obligations. If an offer is limited or valid under specific conditions, this will be mentioned in the offer. Good to know: offers or quotations do not automatically apply to follow-up orders.All prices mentioned by ōhnsu are inclusive of 21% VAT and in euros.Did you spot a mistake on my website or in an offer? And could you have understood that it’s clearly a mistake or error? Then I cannot be held to my offer. Individual offers are based on the information you have provided. You must provide me with all necessary information for the performance of the agreement. You guarantee the accuracy and completeness of the information provided. 

 

Unfortunately, I cannot guarantee the availability of digital products and services offered on my website. I have the right to withdraw digital products / services at any time. 

 

Do you decide, after seeing the offer, that only part of the offer is of interest to you? Please let me know as soon as possible. Bear in mind, however, that I’m never obliged to accept a partial acceptance of the offer. 


Only the description of the services / digital products as specified in the offer or on my website is binding for me. This means, among other things, that after you have accepted my offer, you cannot change the assignment without my permission. If you wish to change the assignment we can have a look at the possibilities, but please note that this could affect the price / deadline(s). I’m never obliged to accept a change request. As an exception to article 6:225 (2) of the Dutch Civil Code, I’m not bound by any changes to the agreement made by you at the time of acceptance, even if such changes only differ on minor points to the agreement as offered by me. 

Article 5 How do we start?

 

To complete the order at my store (thank you!), you must accept the respective conditions and confirm the purchase. After placing an order, you will receive an email from me acknowledging that I have received your order (confirmation email). 

 

In other respects, i.e., outside the online ordering option via my store, the agreement between you and me is concluded after (i) you have accepted my offer, or (ii) if I may reasonably consider your behaviour as (impression of) consent.

I reserve the right to refuse assignments and orders, at all times, without having to explain why.

Article 6 Advance payment

 

I may ask for an advance payment. If we agree on an advance payment, the payment must be received prior to the start of any activities. I’m entitled to suspend performance of my obligations until the payment has been received.

Article 7 General requirements

 

Please note that, in order to fully enjoy my services / digital products, you must have a solid understanding of the English language. 

 

I provide mostly online services. Please note that you are responsible for ensuring that the technical requirements for access to and use of the respective services booked, are met. So, for example, you are responsible for a stable internet connection. I cannot guarantee that the online services I offer can actually be used with your computer. 

 

My digital products and services are not intended for consumers. The right of withdrawal does not apply. 

Article 8 Third parties

I’m allowed to engage third parties for the execution of the assignment (without your permission) and I am not responsible for the actions or missions of these third parties. Articles 7:404 and 7:407(2) of the Dutch Civil Code will expressly not apply to the assignment. Article 6:76 of the Dutch Civil Code is also expressly excluded. 

Article 9 Performance of the agreement

I provide the services / digital products on the basis of a best-effort obligation. I can’t guarantee that my services / digital products will be accessible at all times and without any interruptions / disruptions.  

 

You’re not allowed to reveal the identity of another participant without his consent. Information shared during group calls will be kept confidential. 

 

You get access to online coaching material as long as it is online, unless the offer states otherwise. You will be allowed access to the online community for as long as the community exists, unless the offer states otherwise.

 

A program is personal. This means that you may not share the content of a program with others by – for example – providing them with your login codes / link, unless we have explicitly agreed otherwise. Under ‘others’ are also understood employees. If I suspect that you share or have shared the (contents of the) training with third parties, I may decide to block your (further) access. 

 

I may change the (contents of a) program at any time and / or add to it, if I am of the opinion that such amendment does not fundamentally change the content of such program. A change or addition does not give you the right to a refund or compensation. I can also choose to put a program – temporarily – out of use if this is reasonably necessary, for example, to carry out maintenance. 

 

If you are late for a call, it means that the call will be shortened.

 

You understand that the success of a program depends largely upon your commitment. It is your sole responsibility to take action.

 

Calls are performed remotely through Zoom or any other video call platform, unless we agree otherwise. It is your responsibility to ensure that you have good internet access. You understand that, with electronic communication, it cannot be ruled out that third parties may become aware of our call (and its content). Be careful not to share information of a sensitive nature during our calls. 

 

I will record the live coaching calls and share the recording with the participants of the group program you’re part of. 

 

I am entitled to exclude any participant from a program (including the community) due to the participant’s disorderly conduct. In such case, the relevant fee shall remain chargeable.  

 

I may decide not to proceed with a program, if the minimum number of participants has not been reached. In such a case, I will inform all participants and refund the money already paid.

 

All intellectual property rights relating to software, data, documentation, program materials, workbooks, video’s, assignments, and any other materials provided, are owned exclusively by me and / or my licensors. I hereby grant you and / or the participant a limited, personal, non-exclusive, non-sub-licensable and non-transferable right to use the (content of the) training for personal study purposes. You and / or the participant are not allowed to reproduce or copy such software, data, documentation, program materials, workbooks, video’s, assignments, and any other materials, without my written permission. 

 

You authorize me to use (your company’s) (trade) name(s), trademark(s), logo(s) in the context of my promotional activities. 

 

The advice provided by me, in whatever form, can never be regarded as binding advice. 

Article 10 Rescheduling classes

 

If you have a valid reason to reschedule a call, please let me know as soon as possible, but always with at least 24 hours’ notice, by sending an email to hello@ohnsu.com. If you miss a call without at least 24 hours’ notice, the session will be cancelled and cannot be rescheduled. The relevant fee shall remain chargeable. This doesn’t apply to group coaching calls.

Article 11 Termination

 

If you entered into an agreement for the duration of one year (or longer), you can cancel the agreement within 30 days. Upon request, I will refund the fee for the remaining months. Other agreements cannot be cancelled by you, unless the offer states otherwise. The duration of a program is 12 weeks. You can cancel the agreement within 35 days under the condition that you’ve attended all meetings and did the homework required. I will ask you to send your homework in for approval. When approved, you will receive a refund for the remaining two months in case you’ve paid in full. When you’ve chosen for the 3-month payment plan when joining the program, you won’t be charged for the remaining two months and you’re only charged for the first month.  

We both have the right to dissolve the agreement if the other party has filed for bankruptcy, and in case of liquidation or suspension of payments. I shall charge for services, digital products or work already delivered or performed. 

 

All purchases of intangible products, pdf downloads, (text) readings, resource material, and online content are digital products. It is deemed “used” after download, receiving, or opening, and these purchases made on www.ohnsu.com are non-refundable or exchangeable. Since the products made available here are intangible, there is a strict no refund policy.

Article 12 Prices 

 

The price of my services and digital products shall be the one quoted on my website and / or in my offer, except when there is a manifest error. I am under no obligation to deliver my digital products / services at the incorrect price, if the error could have reasonably been recognized by you as such.

Payment is due when the service or digital product is ordered, unless we agree otherwise. 

My website lists the payment methods I offer. Payments shall be made in euros. 

If you fail to fulfil your payment obligations in a timely manner (resulting, for example, from reversal) I shall first inform you of the late payment and grant you an additional term of 14 days within which to fulfil your payment obligations. If you fail to fulfil your payment obligations within this additional term, I am entitled to charge the statutory interest on the amount still owed and extrajudicial collection costs that it incurs. 

My prices can change at any time. However, such changes will not affect any order you have made for which you have already received an order confirmation.

Complaints or objections submitted do not suspend your payment obligations. 

Article 13 Privacy

 

I will not process personal data other than for the performance of the agreement and / or as described in my privacy statement. 

Article 14 If you have a complaint

 

I welcome your feedback! Please note that a complaint must be submitted within a reasonable time. If you do not submit a complaint within a reasonable time, your right to complain expires. 

You will receive a response to your complaint within 48 hours (counting from the date of receipt of the complaint).

If I consider the complaint to be well-founded, I will come up with a reasonable solution as soon as possible. 

Article 15 Limitation of liability


I will only be liable for any (direct) damage resulting from an unlawful act, an attributable failure to comply with the agreement or otherwise, and explicitly not for indirect damages. Direct damages are, for example, the reasonable costs you have to incur to establish the extent of the damage you have suffered. Indirect damages include, but are not limited to, reputational damage, loss of profit, damage due to business stagnation and missed savings. 

 

My liability is at all times limited to the purchase price, with a maximum of EUR 1.000,-. 

 

Insofar the damage was caused because I intentionally caused it or because I was grossly negligent, I will be liable for the damage. 

 

Any claim against me expires within 12 months after the agreement has come to an end. 

 

I have no obligation to retain any used and / or supplied materials and data after the termination of the agreement. Make sure you do not accidentally delete or erase any materials and data provided by me.   

Article 16 Force majeure

 

I cannot be held to fulfil my obligations, if I am hindered in doing so as a result of force majeure. Force majeure is any circumstance, foreseen or unforeseen, over which I have no control and which prevents me from reasonably fulfilling my obligations, such as: 

 

  • failures of the Internet, data network or power; 
  • measures by public authorities;
  • cybercrime;
  • non-delivery or late delivery by suppliers or other third parties engaged and force majeure on their part.

 
In the event of force majeure on my part, I shall be entitled to temporarily suspend the execution of the agreement. Of course, I will inform you of this in writing. If, as a result of force majeure, execution of the agreement is impossible for longer than two months, or becomes permanently impossible, then either of us may dissolve the agreement. In such an event, I shall charge you for the services already provided.

Article 17 Competent court, applicable law

 

Should any dispute arise, we will do our best to find a solution. But what if we really can’t work anything out? Then our dispute shall be submitted exclusively to the competent court of Noord-Holland (The Netherlands). 

Our relationship is governed exclusively by Dutch law.

Article 18 Last but not least

 

If a provision of these terms & conditions is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms & conditions. The other provisions will remain in full force. 

 

I reserve the right to amend and / or supplement these general terms & conditions, at any time. Of course, I will inform you in advance of any changes. The amended terms & conditions are binding as of the declared effective date.

 

I may assign its rights to others. You may do so only after obtaining written permission from me. 

Should any dispute arise, we will do our best to find a solution. But what if we really can’t work anything out? Then our dispute shall be submitted exclusively to the competent court of Noord-Holland (The Netherlands). 

 

Our relationship is governed exclusively by Dutch law.

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