Terms of Service
Effective Date of Terms of Service: March 28, 2025
Please read these carefully before using our Services.
Article I. Definitions
(a) Stichting Mindshakers, based in the Netherlands, Chamber of Commerce number 91534054, is referred to as the Service Provider in these terms and conditions.
(b) The counterparty is referred to as the Customer in these terms and conditions.
(c) The Agreement refers to the online programs where the Service Provider delivers services to the Customer in exchange for payment, to which these terms and conditions apply.
(d) Training refers to all products where the Service Provider transfers knowledge, skills, and assignments in an online or physical environment.
(e) Customer refers to the Service Provider offering certain programs, courses, or other content in an online or physical environment, which the Customer accesses as part of a program.
(f) Subscription refers to an ongoing agreement where the Customer periodically makes payments in exchange for access to a training, program, or service from the Service Provider.
(g) License refers to the limited and personal usage right granted to the Customer to access the content of a training, program, or service for a specified period.
Article II. Eligibility
(a) You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services.
(b) The Service Provider may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
(c) You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited, or to the extent that offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation.
(d) The Services are offered only for your use and not for the use or benefit of any third party.
(e) If you are registering with Mindshakers on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms and Conditions.
Article III. Applicability of the Terms and Conditions
(a) These terms and conditions apply to all offers, invoices, work, agreements, and the delivery of services and products by or on behalf of the Service Provider, unless expressly and in writing agreed otherwise.
(b) These terms and conditions also apply to actions by third parties engaged by the Service Provider as part of the assignment.
(c) The most recent version of these terms and conditions, or the version accepted during the checkout process on the website, always applies. These terms include the cookie policy and the privacy policy as integral components.
(d) The applicability of the Customer’s terms and conditions is expressly rejected.
(e) If one or more provisions in these terms and conditions are invalid or annulled in whole or in part, the remaining provisions will remain in full force.
Article IV. Fees, Payments, and Subscriptions
(a) The agreement for training is entered into for a fixed term or as an ongoing subscription, depending on the chosen product or service. This is clearly stated on the website, offer, or upon payment.
(b) Payments are made online via a payment link on the website or by invoice. Payment can be made using iDeal, credit card, PayPal, and other payment systems.
(c) The price of the chosen product or service, including VAT, is listed on the website.
(d) Subscriptions:
Article V. License Terms
(a) The Customer is granted a limited, non-exclusive, personal license to use the content of a training, program, or service.
(b) The license is valid for a specified period, as indicated at the time of purchase, and is typically 12 months unless otherwise agreed.
(c) After the license period ends, access to the content automatically expires unless the Customer renews or subscribes to a new agreement.
(d) It is not permitted to use, copy, or share the content of a training or program outside the license period.
(e) Violation of the license terms may result in immediate termination of access and possible legal action.
Article VI. Digital Products and Return Policy
(a) Purchases of digital products are final. It is not possible to return these products or receive a refund after purchase, in accordance with regulations concerning digital products.
(b) The Customer is deemed to have received sufficient information about the digital product, its content, and the applicable terms prior to purchase.
(c) Reason for No Returns: Digital products provide immediate access to valuable content and knowledge. Once delivered, this value cannot be undone or returned. Therefore, in accordance with consumer protection regulations, digital products are non-refundable to ensure fairness and to protect the intellectual property of the Service Provider.
Article VII. Access to Services
(a) The Customer gains access to the online training, program, or membership upon full payment or, if applicable, the first installment.
(b) Access to digital products and services is personal and may not be shared with third parties. Sharing login credentials may result in immediate termination of access.
(c) The Service Provider reserves the right to temporarily or permanently restrict access to the content in case of abuse or violation of the terms.
Article VIII. Force Majeure
(a) In case of force majeure, both parties have the right to suspend or reschedule the agreement. Force majeure includes circumstances beyond the parties' control that temporarily prevent the execution of the agreement, such as illness, accidents, viruses, fire, or government measures.
Article IX. Liability, Intellectual Property, and Disputes
(a) The intellectual property rights to the materials and advice provided by the Service Provider to the Customer belong to the Service Provider. Reproducing or disclosing the materials without permission is expressly prohibited.
(b) Disputes should preferably be resolved through mutual consultation. If this is not possible, the competent court in the jurisdiction where the Service Provider is located will have exclusive authority.
Mindshakers