General Terms & Conditions Maha Kundalini Tantra
Article 1: Definitions
- Maha Kundalini Tantra: the clients’s counter-party and user of these general terms and conditions.
Maha Kundalini Tantra is registered with the Chamber of Commerce under number 37145076.
- Client: the natural or legal person who concludes an agreement with Maha Kundalini Tantra and /or participates in a training and /or retreat, workshop, organized by Maha Kundalini Tantra or other type of activity.
- Agreement: the agreement that Maha Kundalini Tantra concludes with its client.
- Training and classes: a (multi-year) training and training/ or class provided by Maha Kundalini Tantra.
- Workshop: a workshop and /or lecture provided by Maha Kundalini Tantra.
- Retreats: a (multi-day) retreat organized by Maha Kundalini Tantra.
- Services: all services provided by Maha Kundalini Tantra.
- Course fee: the course fee, all of the initial and additional costs due to the study programs, including enrollment fee.
- Website: the website of Maha Kundalini Tantra can be accessed via https://www.kundalinitantra.nl/
- General conditions: the present general terms and conditions.
Aricle 2: Applicability
- The clauses contained in these terms and conditions shall apply to all offers made by Maha Kundalani Tantra and its clients.
- By (online) registration for training, workshops, retreat, lecture or other type of activity, the client accepts the applicability of the present general terms and conditions.
- Consent to the application of the general terms and conditions apply when the customer accepts the general terms and conditions without comment, after which this agreement is referred to.
- The acceptance of these general terms and conditions means, that Maha Kundalini Tantra can explicitly reject any terms and conditions from clients or other third parties.
- Deviations from these general terms and conditions will only be valid if they have been agreed in writing.
- If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, then these conditions and the agreement remain in effect. The relevant provision will be replaced by a provision that approximates the scope of the original as much as possible.
- Uncertainties about the interpretation or content of one or more provisions of the general terms and conditions should be explained ‘in the spirit’ of this general conditions.
- Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general conditions.
- If Maha Kundalini Tantra does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions of these general terms and conditions do not apply, or that Maha Kundalini Tantra would in any way lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases.
- Maha Kundalini Tantra is entitled to change or to supplement these terms and conditions (unilaterally). Changes will be communicated 2 weeks before they come into effect on the agreement. The client accepts that it is bound by the terms and conditions if it uses the services of Maha Kundalini Tantra after notification.
- These conditions also apply to all agreements for which Maha Kundalini Tantra must involve third parties and / or suppliers for the execution thereof.
Article 3: Conclusion of agreement and notification
- An agreement between Maha Kundalini Tantra and the client comes into conclusion when the agreement, including the terms and conditions, is signed by the client and accepted by Maha Kundalini Tantra.
- There is also an agreement when Maha Kundalini Tantra starts with the execution of its work and /or services, at client’s request.
- Registering for a course takes place in the following ways:
- By mail: the registration form must be filled out completely and send by post to Maha Kundalini Tantra. The registration form needs to be signed on the last page and initials on every page.
- By e-mail: the registration form must be filled out completely and send as an attachment to: email@example.com. Each page must have initials and a signature on the last page is needed.
- Interview: Intake interview: the customer can also fill out the registration form during the interview. Sign the registration and hand it in immediately.
4. Registration for a retreat takes place by completing and sending it online registration form of the relevant retreat via the Maha Kundalini Tantra
5. The customer is informed by Maha Kundalini Tantra, when a registration form is incomplete and/or unclear.
6. Registration fee must have been fully paid when registering for a course.
7. Registration for a course is only definitive when Maha Kundalini Tantra has received a signed contract, the full registration fee is paid by the client and he/she has received the a confirmation of the registration. Maha Kundalini Tantra’s client receives a confirmation when the registration is final. As long as t he client has not received theregistration confirmation, the placement is not yet final.
8. When the client is a consumer and the agreement has been established through theco mpany’s website, the client has the right to refuse an acceptance without statementof reasons.
9. Registration and enrolment for courses and retreats take place in order of receipt.
10 Clients can only participate in trainings if the full registration fee has been paid.
11 Maha Kundalini Tantra reserves the right, without statement of reasons, to cancel workshops, retreat, lectures or any other types of activity. They also have the right torefuse participation of any client, without statement of reasons.
12 Only written agreemen ts or commitments apply. No rights can be granted to agreementsmade orally or by phone.
13 If an agreement has been entered by telephone, it will only com into effect after it hasbeen issued by Maha Kundalini Tantra and has been confirmed in writing.
14 Maha Kundalini Tantra is entitled, without stating reasons, to refuse a request for an agreement.
Article 4: Execution of the agreement
- Maha Kundalini Tantra provides and executes all agreements, trainings and retreats according to their own insight and ability.
- Maha Kundalini Tantra cannot guarantee that she will achieve the agreed outcomes. Maha Kandalini Tantra has the commitment to preserve and no performance obligation. The commitment to preserve means that Maha Kandalini Tantra cannot guarantee that the agreed outcomes will (actually) be achieved.
- Admission to a course on the basis of compliance with the admission requirements does not guarantee that the client will complete the training successfully.
4. Maha Kundalini Tantra has the right to have work done in whole or in part by third parties, if this is required for the proper execution of the agreement.
5. Maha Kundalini Tantra has the right to exclude customers from further participation if they, due to their behaviour or otherwise, disrupt the course of the training, workshop,lecture or retreat.
Article 5: Provision of information and customer cooperation
- All necessary data, materials and information that Maha Kundalini Tantra deems necessary, or of which the client should reasonably understand, need to be delivered by the client in time and correctly to Maha Kundalini Tantra.
- If the customer does not provide the necessary data, materials or information on time or correctly to Maha Kundalini Tantra, then Maha Kundalini Tantra has the right to suspend the execution of the agreement. The resulting costs will be charged to the customer at the usual rate.
- The client guarantees the correctness, completeness and reliability of the data, materials or information provided by him.
- The customer ensures that provided data, materials or information are free of copyright or other proprietary rights. Maha Kundalini Tantra is in no way liable for materials that are not free of copyright.
- The client is required to address any injuries, pregnancy, physical, emotional or psychological complaints to Maha Kundalini Tantra.
- Full commitment and participation is required from all clients.
Article 6: Payment conditions and collection
- Invoices must be paid within 7 days of the invoice date.
- Payment of the registration fee must take place within 7 working days after admission to the course.
- Payment of the invoice is possible by bank transfer, iDeal and / or cash.
- Client’s payment obligations cannot be suspended in the event of any objections to the amount of the invoice amount.
- Invoices are sent digital by Maha Kundalini Tantra.
- If the customer does not pay on time, the customer is legally in default and Maha Kundalini Tantra has the right, after having instructed the client at least once to pay, without further notice, from the due date until the day of complete payment on the invoiced to charge the legal (trade) interest.
- All reasonable costs incurred as a result of extrajudicial or extrajudicial collection of the claim are at the expense of the client. In any case, the client owes collection costs. The extrajudicial costs are calculated in accordance with what is customary in Dutch debt collection practice.
- If Maha Kundalini Tantra has incurred higher costs, costs that were reasonably required, will also be charged to the client. As well as any legal and execution costs incurred.
- The customer also owes statutory (commercial) interest on the collection costs owed.
- Maha Kundalini Tantra has a right of retention on all data, papers, goods, materials, etc. until the moment the customer has paid all that he owes Maha Kundalini Tantra.
- Payments made by the other party will first be used to pay off any outstanding interest and costs, and in the second instance due invoices that are the longest overdue at Maha Kundalini Tantra.
- In the event of liquidation, bankruptcy, attachment and / or suspension of payment of the client, all claims shall be immediately due and payable in full.
- Payment in instalments is only allowed if agreed in advance with Maha Kundalini Tantra. If the client fails to fulfil its payment obligation or to do so in time or in full, than payment in instalment will be cancelled. The amount due will be immediately payable to Maha Kundalini Tantra without any reminder or notice of default being required.
- If a client fails to fulfil its payment obligation, the registration will be cancelled and costs will be charge to the client in accordance with the cancellation conditions of article 14. Maha Kundalini Tantra also has the right to refuse the customer access to the lessons, workshops, lectures, training and /or retreat as long as the client has not complied in full with his payment obligation.
Article 7: Termination premature cancellation and dissolution of a contract
- Maha Kundalini Tantra is authorized to suspend, terminate or discharge the fulfilment of its obligations if:
a. Client does not fully comply with his obligations under the agreement and /or these general terms and conditions;
b. Maha Kundalini Tantra takes cognizance of circumstances after the conclusion of the agreement that give it cause to fear that the customer can not or can not properly fulfil his obligations;
c. In case of death of one of the parties.
- If Maha Kundalini Tantra proceeds to dissolution of the agreement, all its claims are due immediately.
- If Maha Kundalini Tantra waives the fulfillment of her obligations, she will retain her rights under the law, the agreement and / or these conditions.
- In the event of liquidation, suspension of payment or bankruptcy of the client, debt restructuring or any other circumstance as a result of which the client does not freely dispose of his assets, Maha Kundalini Tantra has the right to cancel the contract without being liable for damages.
- When an agreement has been concluded and / or a registration is final, it can no longer be cancelled free of charge by the client.
Article 8: Amending an agreement
- The necessary adjustment or amendment of the agreement will take place in mutual consultation between the parties, when it appears that this is necessary during the execution of the agreement.
- Modification or supplementation of the agreement is only possible after explicit and written consent of Maha Kundalini Tantra.
- Maha Kundalini Tantra may, without being in default, refuse a request to amend or supplement the contract. Maha Kundalini Tantra is then entitled to payment for the work performed to the original agreement.
- If it is necessary to change the agreement or work in the interim due to the fault of the client, Maha Kundalini Tantra is entitled to change the agreement.
- If, after conclusion of the agreement, it appears that Maha Kundalini Tantra can not comply with the conclusion as a result of a circumstance not known at the time of conclusion of the agreement, Maha Kundalini Tantra has the right to demand that contents of the agreement still remain possible.
- If turns out that the change or supplementation of the agreement is the result of a circumstance of Maha Kundalini Tantra, Maha Kundalini Tantra will not charge any additional costs.
Article 9: Failure by Maha Kundalini Tantra
- In the event of illness and /or loss of a teacher, Maha Kundalini Tantra will, if possible, provide equivalent replacement. If replacement is not possible, Maha Kundalini Tantra will inform the client. In that case Maha Kundalini Tantra will come with alternative dates. In case of illness and /or loss of a teacher the client is not entitled to compensation, cancellation and / or refund.
Article 10: Statutory liability
- The liability of Maha Kundalini Tantra is limited to what is stated in the general conditions.
- Maha Kundalini Tantra is not liable for damage to client’s property.
- Maha Kundalini Tantra is not liable for damage of any kind, which is the result of (possible) incorrect or incomplete information, advice provided in connection with a course, retreat, workshop or other type of activity. This includes, among other things: information, advice provided by the lecturer, the educational material, website or any other work arising from or related to a study program.
- Maha Kundalini Tantra is not liable if a client does not comply with the (safety) regulations.
- The Customer shall be fully responsible for all risks, injuries, mental injuries or damage, which may arise. Maha Kundalini Tantra shall be held harmless in these events.
- Maha Kundalini Tantra can only be held responsible for any damages as a result of:
a. Reasonable costs incurred to the inadequate performance of Maha Kundalini Tantra to the agreement, in so far as it can be attributed to Maha Kundalini Tantra.
b. Reasonable costs to determine the cause and extent of the (direct) damage.
c. Reasonable costs to prevent or limit the damage, insofar as the customer demonstrates that these costs have led to limitation of the direct damage.
- Maha Kundalini Tantra is not liable for indirect damage. This means:
a. Lost profits;
b. Lost savings;
c. Personal injury;
d. Consequential damage;
e. Reputational damage;
f. Disappointed expectations.
- Insofar as Maha Kundalini Tantra is liable for failure to execute or not properly perform the contract, her liability is limited to a maximum of once the invoice amount with a maximum of € 2,100. If Maha Kundalini Tantra has insurance for this, then her liability is in any case limited to the amount of the payment of the insurer in the occurring case.
- For contracts remaining more than three months, de liability of Maha Kundalini Tantra is limited to the invoice amount that has been charged to the client in the last three months, with a maximum of € 2100,-
- Any liability of Maha Kundalini Tantra expires one year after the determination of the work or after the occurrence of the damage. Failing any of these claims renounce the rights to compensation.
- Maha Kundalini Tantra is not liable in any event of force majeure.
- The restrictions mentioned in this article do not apply if the damage is the result of intention- or gross fault by Maha Kundalini Tantra.
Article 13: Complaints regulations
- A complaint about the execution of the agreement, training, retreat, workshop, works, invoice or other type of activity must be made by the client within 2 weeks of findings. A complaint must state the grounds on which it is based and must be submitted in writing to Maha Kundalini Tantra.
- When the time limit referred to in paragraph 1 expires, training, retreat, workshops, works, or other activities will be carried out. The invoice is deemed to been approved and all rights in this respect expire.
- Maha Kundalini Tantra strives to handle a complaint within two weeks. If the company needs a period of time greater than two weeks, she will inform the client by e-mail.
- If the complaint is justified, Maha Kundalini Tantra has the possibility to adjust the invoice, the free improvement or re-performance of the work, training, retreat, workshop or other activity, or the complete or partial re-execution of the agreement, training, retreat or works.
Article 14: Cancellation terms and conditions
- Cancellation conditions are applicable to all courses, workshops, retreat and works, listed as below:
- A registration is only definitive after the client has paid the registration fee in full. In case of late payment, Maha Kundalini Tantra has the right to cancel the registration.
- If the client refrains from participating in a training course, retreat, workshop or other activity, he is not entitled to a refund of the down payment and / or registration fee. The client is also not entitled to participate in a replacement activity.
- The following cancellation conditions apply to workshops:
a. Free cancellation is possible up to 14 days before the start of the workshop;
b. Cancellation within 14 days before the start of the workshop: 100% of the total invoice amount.
- For training courses and retreats the following cancellation conditions apply:
a. Up to 60 days before the start: free cancellation;
b. The cancellation fee is 25% up to 40 days before the start;
c. Up to 21 days before the start: the cancellation costs are 50%;
d. Within 3 weeks before the start, the cancellation costs are 100%.
- If Maha Kundalini Tantra has rented a location which can not be cancelled free of charge, then Maha Kundalini Tantra is
fully entitled to these additional costs take account of the client.
- Notice of cancellation must be given in writing or by email. Only the date indicated on the postal mark or your letter or the send date of your e-mail, will be taken into account as for the cancellation period.
- When the customer cancels a workshop, lecture, lessons, retreat or training, he will receive the full amount minus the cancellation fee, within thirty days.
- If a client cannot take part in a retreat or workshop, he can be replaced with another person, provided that the client has transmitted the details of the replacement to Maha Kundalini Tantra by e-mail at least 1 day before the start of the activity.
- Entry fee is non-refundable and in case of cancellation is due as cancellation costs.
Article 15: Modifications
- Maha Kundalini Tantra has the right to change the dates and / or times of a course, workshop, lessons and / or retreat without giving reasons. The client will be informed about any changes by telephone or by e-mail. If Maha Kundalini Tantra changes these dates or times after registration, then the client has the right to submit his notification within 3 working days after notification. If the client cancels later than 3 days after the announcement of cancellation has been made, cancellation conditions of article 14 will apply.
- Maha Kundalini Tantra has the right to modify an education, lessons, workshop, lectures or retreat by its content, without being liable for damages or without the client having the right to terminate the agreement.
Article 16: A wide range of training courses
- Maha Kundalini Tantra brings her range of courses, lessons, workshops, lectures and retreats through publication on its website.
- The offer shall state the following information, in any event:
a. The beginning of training, lessons, workshops, lectures and retreats;
b. Admission requirements and conditions;
d. Duration of the courses, lessons, workshops, lectures and retreats;
e. Content or purpose of a training or retreat;
f. The educational organization and facilities;
g. Registration procedure.
- Maha Kundalini Tantra always has the right to change her offer.
Article 17: Training options
- The (additional) provisions below apply to all long-term training courses of Maha Kundalini Tantra.
- Enrollment for a course is done via the digital application form and according to article three of these general conditions. An initial interview takes place when registering for a course.
- To be admitted to (certain) courses, the client must comply with the admission requirements, which are determined by Maha Kundalini Tantra and which may differ per study programme. Maha Kundalini Tantra has the right to exclude people from participation in training without giving reasons.
- After admission to the training the client receives the invoice and a contract in duplicate.
- If the maximum number of participants is exceeded, the client will be placed on a so-called waiting-list.
- Some lessons are given in English. A client needs to have some reasonable English-speaking capabilities. Maha Kundalini Tantra is not liable or responsible for this.
- The lessons are both theoretical and practical. In addition to the lessons, some self-study of the client is expected during the entire course. The self-study takes about 1 to 2 hours a day. The client submits the homework assignments, reports etc. that are part of the self-study to deliver in time. It is the client’s own responsibility getting enlargement by self-study during education.
- No lessons take place in the months of July and August and on public holidays.
- In the event of an insufficient number of participants, Maha Kundalini Tantra is entitled to postpone or cancel the training. In case of cancellation by Maha Kundalini Tantra, the client receives the already paid tuition fee within 20 days.
- In case of a default of a lesson, the client needs to give Maha Kundalini Tantra notice of this and the reasons given.
- Participation in classes is mandatory. In order to receive a diploma, the client must have followed at least 95% of the lessons. There is no refund of the tuition fee if the client does not participate in lessons and / or modules. Nor can these be caught up.
- The client must report any physical, emotional and / or psychological complaints as well as a pregnancy. All activities are intended as leisure activities and not as a replacement of medically necessary treatments.
- After graduation, a certificate is awarded, if the client meets the conditions. The certificate meets the requirements of the International Maha Kundalini Tantra Teachers Association (IMKTTA) and entitles you to become a member of the Maha Kundalini Tantra Tantra Teachers Association.
- Maha Kundalini Tantra makes no warranty regarding the actual achievement of the diploma associated with a course. This is partly dependent on the commitment and cooperation of the client during the entire course.
Article 18: Admission requirement
- To be admitted to (certain) courses, the client must comply with the admission requirements, which are determined by Maha Kundalini Tantra and which can differ per study programme
Article 19: Interruption of training
A long – term course can be terminated early by:
- Interim cancellation of the tr aining is possible at any time. Interim cancellation is required in writing by e-mail.
- In the event of premature termination, 50% of the total tuition fee is due, irrespective of whether or not the client participated in the lessons or modules. Prepaid tuition is being reimbursed after deduction of the tuition fees as described in this provision.
- When a client terminate the training intermediary, the right to complete the program and to obtain a diploma expires.
- Intermediate termination is only definitive if the client of Maha Kundalini Tantra has received a confirmation of cancellation.
Article 20: Retreats
- Registering for a retreat must be done via the online application form on the website of Maha Kundalini Tantra.
- After the registration, the client receives an invoice. The client must pay the deposit within five days after registration. The remaining amount should be paid within 30 days before the beginning of the retreat. In the event of late payment of the deposit, Maha Kundalini Tantra has the right to cancel the application.
- Maha Kundalini Tantra is entitled to change the content, location and date of a retreat.
- For registration of a retreat full = full. If desired, the customer can be put on a waiting list. The maximum number of participants is being determined by Maha Kundalini Tantra.
- Maha Kundalini Tantra has the right to exclude people without reason from participating in a retreat.
- What is included in the price is explicitly stated for the retreat in question. Costs that are not included in the price, are at the expense of the client. Maha Kundalini Tantra also indicates what to bring to the course. To ensure that all clients can participate in all activities of a retreat, they need to bring all documents asked. The client is responsible for taking the right documents.
Article 21: Workshop and lectures
- In essence, workshops or lectures take place at a time designated by Maha Kundalini
Tantra (external) location, unless the parties have agreed otherwise.
- If a workshop or lecture is given at a location chosen by the client, the client must make sure that this location provides in the necessary and desired facilities.
- In advance of the workshop or lectures, the parties agree the longevity of a program. If a workshop or lecture lasts longer, Maha Kundalini Tantra is entitled to charge the extra time to the client.
- Maha Kundalini Tantra has the right to change the content of a workshop or lecture.
- To guard the quality of a workshop or lecture, Maha Kundalini Tantra is entitled to its maximum number of participants.
- In case of cancellation of a workshop or lecture, the cancellation conditions of article 14 apply.
Article 22 Applicable law and competent court
- Dutch law applies exclusively to all agreements, training courses and invoices, even if a client is resident or established abroad.
- The applicability of the Vienna Sales Convention is excluded.
- All disputes between parties will first be settled before they are submitted to the competent court.
- Disputes between Maha Kundalini Tantra and a client that cannot be resolved by mutual agreement will only be submitted to the competent court.
- Disputes between Maha Kundalini Tantra and clients have the right to submit the dispute to an independent arbitration institute or mediator.
Maha Kundalini Tantra Netherlands – 2020