Terms and Conditions

The Mindful Company B.V.
Academy for Mindful Teaching
Zekeringstraat 17
1014 BM Amsterdam
The Netherlands

KvK 94372705
info@academyformindfulteaching.com
www.academyformindfulteaching.com

Contents

• Article 1 · Definitions
• Article 2 · Applicability
• Article 3 · Offer, registration and formation of the agreement
• Article 4 · Statutory cooling-off period for consumers
• Article 5 · Cancellation and early termination by the participant
• Article 6 · Changes, rescheduling or cancellation by AMT
• Article 7 · Force majeure
• Article 8 · Participation, attendance and certification
• Article 9 · Course materials, intellectual property and rights of use
• Article 10 · Prices and payment
• Article 11 · Late payment
• Article 12 · Liability
• Article 13 · Confidentiality and privacy
• Article 14 · Questions and complaints
• Article 15 · Governing law and disputes
• Appendix · Model withdrawal form

Article 1 · Definitions

Article 2 · Applicability

1. These Terms and Conditions apply to all offers and agreements of AMT relating to educational services, unless expressly agreed otherwise in writing.
2. Any deviation from these Terms and Conditions is valid only if confirmed by AMT in writing.
3. Where a provision applies exclusively to consumers, this is expressly stated. The remaining provisions apply in full to business clients.
4. The information on the relevant training page, the registration confirmation and any specific training information form part of the agreement. In the event of a conflict, an express individual written agreement takes precedence over these Terms and Conditions.
5. AMT makes these Terms and Conditions available before or when the agreement is concluded in a form that allows them to be stored and consulted later.

Article 3 · Offer, registration and formation of the agreement

1. In its offer, AMT describes as clearly as possible the content of the educational service, the price, the start date or period, the format of the education, any admission requirements and other essential characteristics.
2. A registration through the website constitutes an application to participate. The agreement is formed once AMT has confirmed the registration in writing, unless AMT expressly states for the relevant training that an intake, admission assessment or other condition applies first.
3. Where an intake or admission assessment forms part of the application process, the agreement is formed only after AMT has confirmed participation in writing.
4. AMT may refuse an application if the previously stated admission requirements are not met, if a group is full or if another reasonable ground exists that makes participation unsuitable or impracticable.
5. If an employer or other organisation pays for the training, the participant remains responsible for complying with the training, attendance and certification requirements. The client is responsible for the agreed payment obligations.

Article 4 · Statutory cooling-off period for consumers

1. If a consumer concludes an agreement with AMT online, by telephone or otherwise at a distance, the consumer generally has a statutory right to withdraw from the agreement without giving reasons for 14 days after the agreement is concluded.
2. Before the agreement is concluded, AMT informs the consumer about the right of withdrawal and how it can be exercised. The consumer may withdraw by email, by using the model form in the appendix or, where applicable, through the online withdrawal function on the website.
3. If the consumer expressly requests that the educational service begin during the cooling-off period, AMT may start performing the service. If the consumer then withdraws within the cooling-off period, AMT may charge a proportionate amount for the part of the service already performed at the consumer's express request.
4. The right of withdrawal expires before the end of the cooling-off period only where the service has been fully performed and the consumer expressly agreed in advance to full performance during the cooling-off period and acknowledged that the right of withdrawal would be lost after full performance.
5. For digital content not supplied on a tangible medium, the right of withdrawal may be lost once delivery has begun, but only if the applicable legal requirements for prior express consent and confirmation have been met.
6. In the event of a valid withdrawal, AMT refunds amounts that must be repaid by law no later than 14 days after withdrawal. If physical materials must be returned, the direct return costs are borne by the consumer where this was communicated in advance.

Article 5 · Cancellation and early termination by the participant

After any statutory cooling-off period has expired, a participant may cancel a training programme before it starts. For programmes shorter than one academic year, AMT applies the maximum cancellation fees shown below. These percentages are based on work already performed, reserved training capacity and reasonably foreseeable costs. If the actually reasonable fee is lower, AMT charges the lower amount.

1. Cancellation before the start and early termination must be communicated to AMT in writing. The date on which AMT receives the cancellation determines which period applies.
2. The percentages shown in the table are maximum fees. Upon request, AMT will explain how the fee charged has been calculated.
3. In the event of early termination of a programme shorter than one academic year, the participant owes a reasonable fee. As a starting point, this is a maximum of 50% of the agreed price for start-up and organisational costs, less course materials not yet received, plus the costs of education already followed. The total fee will never exceed the agreed price. Education already followed also includes scheduled training components offered before the termination date that the participant did not attend.
4. If a programme is organised in separate modules or blocks, the costs of components already followed are in principle determined on the basis of completed modules and the module in progress at the time of termination.
5. Failure to attend without prior cancellation does not constitute cancellation and does not entitle the participant to a refund.
6. If an individual supervision appointment is cancelled less than 24 hours before the agreed time, or the participant does not attend, AMT may charge the full amount of that supervision session.
7. In exceptional personal circumstances, AMT may, acting reasonably and in the participant's favour, deviate from the above arrangement. Such a deviation does not create any entitlement in other cases.

Article 6 · Changes, rescheduling or cancellation by AMT

1. AMT may change a training day, trainer, location or online platform where this is reasonably necessary, provided that the nature and quality of the educational service are not materially affected.
2. If a trainer unexpectedly becomes unavailable, AMT will make reasonable efforts to arrange a replacement or offer the relevant session on another date.
3. AMT may cancel or reschedule a programme before it starts if there are insufficient participants or if performance is reasonably impossible for another compelling organisational reason.
4. If AMT cancels an entire programme and no suitable alternative is agreed, amounts paid for that programme will be refunded within 14 days.
5. If AMT moves a programme to another start date and the participant can no longer reasonably attend, the participant may choose to join another available group or receive a refund for the part of the programme not yet provided.
6. AMT is not liable for indirect costs incurred by the participant in connection with a change or cancellation, such as travel or accommodation costs, unless mandatory law provides otherwise or the damage results from intent or deliberate recklessness on the part of AMT.

Article 7 · Force majeure

1. Force majeure means a circumstance outside AMT's reasonable control that makes performance of the agreement temporarily or permanently impossible or unreasonably burdensome, such as serious disruption to transport or infrastructure, government measures, natural disasters, epidemics, war, large-scale outages or comparable circumstances.
2. In the event of temporary force majeure, AMT may suspend performance, reschedule a session or, where appropriate, change the mode of delivery, for example from in-person to online, insofar as this is reasonable and the core of the programme is preserved.
3. If the force majeure continues for so long that continuation can no longer reasonably be required, either party may terminate the agreement for the part not yet performed. Amounts already paid for the part not provided will then be refunded, unless the law provides otherwise.
4. Illness or unavailability of a trainer is dealt with in the first instance under Article 6. AMT will make reasonable efforts to arrange a replacement or a new date.

Article 8 · Participation, attendance and certification

1. The participant is responsible for active participation, preparation, any home practice, assignments and other components belonging to the programme.
2. For programmes leading to AMT certification, the certification requirements communicated before or during the programme in the training information, syllabus or online learning environment apply.
3. Registration or payment does not automatically entitle a participant to certification. Certification is awarded only when the substantive, practical and any attendance requirements of the relevant programme have been met.
4. If a participant misses a training day, there is no automatic right to a refund, an individual make-up session or attendance of the same day with another group. Where possible, AMT will consider whether a suitable alternative is available.
5. AMT may terminate participation if a participant seriously disrupts safety or the learning environment, engages in inappropriate or boundary-crossing behaviour, or fails to comply with essential training arrangements despite a warning. AMT will act carefully and proportionately. Any financial settlement will take account of the law and the circumstances of the case.

Article 9 · Course materials, intellectual property and rights of use

1. AMT ensures that the course materials necessary for the programme are made available in good time insofar as they are included in the agreed price.
2. All intellectual property rights in course materials, methodology, texts, audio, video, presentations, exercises and other materials belong to AMT and/or its licensors and other rights holders.
3. Course materials are intended solely for the participant's personal use within the programme and, where applicable, within the rights of use associated with a valid AMT certification.
4. Without prior written permission, course materials may not be copied, published, sold, shared with third parties, uploaded to public or shared digital environments, translated, adapted or used under another person's own name, in whole or in part, except where expressly permitted by law.
5. Access to an online learning environment is personal and may not be shared with others. AMT may block access in the event of misuse or unauthorised distribution of materials.
6. Where third-party materials are used, the rights and any additional terms of use of those third parties remain applicable.

Article 10 · Prices and payment

1. The price stated at registration or in the confirmation is the agreed price. AMT states whether amounts include or exclude VAT and whether an exemption applies.
2. AMT may offer payment in one instalment or in agreed instalments. A payment plan does not alter the total payment obligation for the agreed programme.
3. Unless otherwise agreed in writing, the full amount due must be paid no later than 10 working days before the programme starts. Where a payment plan applies, the due dates stated on the invoice or in the confirmation apply.
4. AMT may suspend participation or access to course materials if an amount due remains unpaid after a proper payment reminder, insofar as this is reasonable and legally permitted.
5. Price changes after the agreement has been concluded do not affect the agreed price, unless the change results directly from legislation or regulation and passing it on is legally permitted.
6. Refunds to which the participant is entitled are generally made within 14 days.

Article 11 · Late payment

1. If a consumer does not pay on time, the consumer first receives a free payment reminder and is given the legally required period of 14 days to make payment.
2. If payment is still not made, AMT may charge statutory interest and extrajudicial collection costs within the legal limits.
3. For business clients, the statutory rules for commercial transactions and the payment term stated on the invoice apply, unless otherwise agreed in writing.
4. While a substantiated complaint concerning an invoice is being considered, AMT will, insofar as reasonable, suspend further collection measures relating to the disputed part.

Article 12 · Liability

1. AMT performs its educational services carefully and to the best of its ability. A programme is an obligation of effort; AMT does not guarantee any specific personal, professional, therapeutic or financial result.
2. AMT is liable only for direct damage that is the direct result of an attributable failure by AMT.
3. To the extent permitted by law, liability for indirect damage, consequential loss, loss of income, loss of savings or damage resulting from decisions made by the participant on the basis of the programme is excluded.
4. No limitation of liability applies to damage resulting from death or personal injury for which AMT is legally liable, or to damage resulting from intent or deliberate recklessness on the part of AMT.
5. The participant remains responsible for how knowledge, exercises and materials from the programme are applied in their own professional practice and for working within the limits of their own authority, expertise and professional rules.

Article 13 · Confidentiality and privacy

1. AMT handles personal data and confidential information carefully and in accordance with applicable privacy legislation.
2. The processing of personal data is explained in more detail in AMT's Privacy Policy.
3. Participants are expected to treat personal or confidential information shared by other participants during a programme with respect and confidentiality.
4. Making image or audio recordings of training sessions is permitted only with the prior consent of AMT and, where relevant, the participants concerned.

Article 14 · Questions and complaints

1. Questions and complaints can be sent to info@academyformindfulteaching.com.
2. AMT acknowledges a complaint as soon as possible and aims to provide a substantive response within 10 working days.
3. If more time is needed for investigation, the complainant will receive an acknowledgement within that period, together with an indication of when a substantive response can be expected.
4. The parties will first attempt to resolve a complaint by mutual consultation. This does not affect consumers' statutory rights.

Article 15 · Governing law and disputes

1. Agreements with AMT are governed by Dutch law, insofar as mandatory law does not entitle the participant to additional protection under the law of another country.
2. Disputes will be submitted to the court having jurisdiction under the law after the parties have made reasonable efforts to resolve the dispute by mutual consultation.
3. If any provision of these Terms and Conditions is void or voidable, the remaining provisions remain in force. Where necessary, the parties will replace the relevant provision with a valid provision that reflects the purpose and intent of the original provision as closely as possible.

Appendix · Model withdrawal form

This form is intended for consumers who wish to exercise their statutory right of withdrawal. Use of this form is not mandatory; withdrawal may also be communicated in another clear manner.

To: Academy for Mindful Teaching / The Mindful Company B.V.

Address: Zekeringstraat 17, 1014 BM Amsterdam, The Netherlands

Email: info@academyformindfulteaching.com

I hereby give notice that I withdraw from our agreement concerning the following educational service:

Name of training / service: ________________________

Date of registration / agreement: ________________________

Name of consumer: ________________________

Address of consumer: ________________________

Email address: ________________________

Date: ________________________

Signature (only if this form is submitted on paper): ________________________

Contact

Academy for Mindful Teaching
The Mindful Company B.V.
Zekeringstraat 17
1014 BM Amsterdam
The Netherlands

info@academyformindfulteaching.com
www.academyformindfulteaching.com