General terms and conditions for services rendered by CV-SMART
(registered at the chamber of commerce under file number 27365986, The Hague, 1 June 2010)
Article 1: Applicability
1.1. These terms of service apply to any agreement with regard to a course, workshop or training (henceforth: “Course”) entered into by CV-SMART, (henceforth: “Course Instructor”) and the Participant.
1.2. These terms of service also apply to any agreement with regard to a “Reiki Treatment”, with or without a massage, entered into by CV-SMART, henceforth: “Reiki Master” and Client.
1.2. These terms of service will be made available to the Participant/Client before entering into any agreement. This will not be repeated at any following participation, unless the terms of service are amended.
1.3. If one ore more conditions in these terms of service are, at any given moment, completely or partially rendered null and void, the other conditions in these terms of service will still be completely applicable.
1.4. Should a situation that is not settled by these terms of service occur between the parties, this situation should be assessed in the spirit of these terms of service.
Article 2: Entering into the Agreement
2.1. The agreement between Course Instructor and Participant is entered into when the Participant signs and returns the application form supplied by the Course Instructor to the Course Instructor. This form contains all the essential information for the agreement, including the cost of the course.
The application will only be final when the deposit, mentioned in article 5, is made.
2.2. The agreement for a Reiki Treatment is entered into when Reiki Master sends the Client a confirmation e-mail for one or multiple treatments. This e-mail will contain the date, time, location, length and time of the treatment, and any other relevant information..
Article 3: Cancellation by Participant/Client
3.1. Participant has the right to cancel a Course, free of charge, no later than three weeks before the start of the course. Cancellation is possible by phone or e-mail, mentioning name and telephone number, as well as the date of the course. The term for cancelling a Reiki Treatment free of charge, by phone or e-mail, is 24 hours.
3.2. If a Course is cancelled within three weeks, but still more than one week before the start of the Course, the Participant has to pay 50% of the deposit.
3.3. If a Course is cancelled within one week of the start of the Course, the Participant has to pay 100% of the deposit. If a Reiki Treatment is cancelled within 24 hours before the agreed time, the Client has to pay the full price of the treatment.
3.4. If a Participant ends his or her participation prior to the completion of the Course, the Participant has to pay the full price of the course, unless the Course Instructor is at fault.
Article 4: Cancellation by Course Instructor
4.1. Course Instructor/Reiki Master reserves the right to cancel a course without reason given, provided the Participant/Client is informed by phone or e-mail 24 hours before the start of the Course. In this case, the full amount paid by Participant will be reimbursed by the Course Instructor.
Article 5: Payment
5.1. Course Instructor will provide an invoice with the amount payable by the Participant. Payment will be made by bank transfer to account number 33.96.217 in the name of C.A. Verkerk, The Hague.
5.2. Payment for Reiki Treatments will be made in cash, after each treatment.
5.2. The full amount for a Course must be paid within seven days after the application form is signed.
5.3. If the Participant does not pay within the agreed term, he or she is in default without any proof, and the Course Instructor then has the right to postpone the Course immediately, or cancel it free of charge. The obligation to pay will remain in full force, if the Participant has not cancelled in accordance with Article 3.
Article 6: Copyright
6.1. Course Instructor owns the copyright of any brochures and course material published by the Course Instructor, unless another copyright holder is mentioned on the work itself. The Participant will not publish or reproduce any material, or summaries of the material, in any way without the express written consent of the Course Instructor
Article 7: Code of Conduct
7.1. Course Instructor reserves the right to postpone the fulfilment of the obligations, or to dissolve the agreement without any right to compensation if Participant acts aggressively, improper, or if he or she refuses to cooperate. The obligation to pay will remain in full force.
7.2. Both parties are obligated to observe secrecy in regard to all information obtained from each other, or from other sources, with the exception of information obtained from public sources.
Article 8: Liability
8.1. After an agreement is entered into, it will be a best effort agreement, which obligates the Course Instructor/Reiki Master to perform her services to the best of her abilities. Participant/Client is expected to help the Course Instructor perform the services agreed upon. This includes cooperation and providing the information necessary for the proper realization of the agreement.
8.2. Any advice given or any remarks made by Course Instructor during the Course/by the Reiki Master during the Reiki Treatment are noncommittal. Participant/Client may choose to accept them, or not. Participant is advised to discuss anything that comes up in the course with a (medical) expert before making a decision about important parts of the Course/Reiki Treatment.
8.3. In the event that Course Instructor/Reiki Master is liable, this liability is restricted to the cases mentioned in article 8, within the confines of the law.
8.4. Course Instructor/Reiki Master is not liable for any damage or harm that is a result of incorrect or incomplete information given by or in the name of Participant/Client. Participant is responsible for the consequences of the Course/Reiki Treatment and can never hold Course Instructor liable for any damage or harm caused by the Course/Reiki Treatment or anything connected to it. Participant/Client will always be fully responsible for his or her behaviour and decisions and/or the results of the Course/Reiki Treatment. Course Instructor/Reiki Master is not liable for any damage or harm caused to Participant/Client and to third party’s that is a result of services rendered by Course Instructor/Reiki Master, in the broadest sense, unless the damage or harm is a result of gross negligence or wilful misconduct by Course Instructor/Reiki Master.
8.5. In the event that Course Instructor/Reiki Master is liable for any damage or harm, her liability is limited to the amount charged for a Course/Reiki Treatment.
8.6. Course Instructor/Reiki Master is only liable for direct damage, and never for indirect damage or immaterial damage. Direct damage is: the reasonable cost to asses de cause and extent of the damage, as far as this assessment is relates to damage mentioned in these terms, any reasonable expenses made to make Course Instructor/Reiki Master’s poor performance comply with the agreement, as far as she is liable, and any reasonable expenses made to prevent or limit direct damage. Indirect damage is: consequential loss, loss of income and damage that is a result of interruption of operations.
8.7. CV-SMART is not liable for damage to, theft, or loss of property, and any accidents that happen in and around the location where the agreement is carried out.
Article 9: REIKI Treatments
9.1 Reiki Master does not perform medical treatments.
9.2 If Client suffers from medical complaints, he or she is advised to consult his or her doctor or specialist before undergoing a treatment. This is particularly the case if the Client suffers from diabetes or has a pacemaker.
9.3 When reading this website, a brochure or while engaging in any contact with the Reiki Master, Client should be aware that Reiki is not a scientifically proven form of treatment, and that it can never be seen as a substitute for regular medical science. A Reiki Treatment also does not include any coaching or consulting.
9.4 The responsibililty of choices made always lies with the person him or herself, (or with the parents, in case of treatment of a minor). At least one of the parents should be present if a minor is treated.
Article 10: Applicable Law and Competent Judge
10.1. Dutch law is applicable to any agreement between Course Instructor and Participant/Reiki Master and Client. Disputes that are a result of agreements, to which these terms apply, will only be – should an amicable settlement, within a reasonable term, prove to be impossible – brought before a competent judge in The Hague.