Terms & Conditions for Health, Wellness & Dance by Dr. Naomi

Article 1 – Definitions

1.1 Health, Wellness & Dance by Dr. Naomi: In these general terms and conditions, “Health, Wellness & Dance by Dr. Naomi” refers to the sole proprietorship of Dr. Naomi Dongelmans.

1.2 Customer: The (legal) person with whom Health, Wellness & Dance by Dr. Naomi has agreed.

1.3 Services: The services to be provided by Health, Wellness & Dance by Dr. Naomi as described on NaomiDongelmans.com.

1.4 Agreement: The agreement (including these General Terms and Conditions) between Health, Wellness & Dance by Dr. Naomi and the Customer, based on which Health, Wellness & Dance by Dr. Naomi provides Services to the Customer.

Article 2 – Applicability

2.1 These terms and conditions apply to all offers and legal relationships of Health, Wellness & Dance by Dr. Naomi and all agreements concluded with Health, Wellness & Dance by Dr. Naomi.

2.2 These terms and conditions exclude any general terms and conditions used by the Customer.

2.3 Health, Wellness & Dance by Dr. Naomi is entitled to change the content of these General Terms and Conditions unilaterally. Changes will be announced in writing or by email and will take effect fourteen (14) days after the announcement or on another date as stated in the announcement.

2.4 If the Customer does not wish to accept the General Terms and Conditions amendments, they have the right to terminate the Agreement as of the date on which the amended terms and conditions take effect, without Health, Wellness & Dance by Dr. Naomi being obliged to pay compensation for costs or damage. The paid subscription fee will be refunded pro rata.

2.5 Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

2.6 Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 3 – Conclusion of Agreement

3.1 The Agreement between Health, Wellness & Dance by Dr. Naomi and the Customer is concluded by clicking on the order button in the last step of the registration process on the website of NaomiDongelmans.com. The Agreement is also concluded when the Customer provides payment details by telephone, email, or in writing.

3.2 Health, Wellness & Dance by Dr. Naomi has the right to refuse a potential Customer without giving any reason.

Article 4 – Subscription Fees

4.1 The Agreement is entered into for the agreed contract period.

4.2 The start date is determined upon registration. The first payment period starts on this effective date, unless otherwise specified.

Article 5 – Rights and Obligations of Health, Wellness & Dance by Dr. Naomi and Customer

5.1 Health, Wellness & Dance by Dr. Naomi provides customised services and general training in wellness, nutrition, mindset, dance, and other lifestyle coaching-related topics.

5.2 Health, Wellness & Dance by Dr. Naomi will always treat all information received from the Customer confidentially.

5.3 Infringement of the Customer's rights must be reported by e-mail to hello@NaomiDongelmans.com. After the report, Health, Wellness & Dance by Dr. Naomi will investigate the presence of unlawful information within a reasonable time and, if possible, take action against it.

5.4 The Customer is obliged to provide correct information and declares that the information provided, such as that for registration, is correct and complete and that it will be adjusted by the Customer if it changes.

5.5 The Customer may not provide third parties access to the online portal through their own registration. In case of violation, the Customer is fully liable for the direct and indirect damage thereof.

5.6 Health, Wellness & Dance by Dr. Naomi reserves the right to change or discontinue any part or all of the functionality of one or more features of the services at any time for any period of time or permanently. This will always be communicated to the Customer. As a result of this change or discontinuation, part or all of the information shared by the Customer may be inaccessible or lost. In the event of a change, as referred to at this point, for whatever reason, the Customer is only entitled to a pro-rata return of the amount already paid (in advance).

Article 6 – Payment

6.1 The fee will be invoiced prior to the period.

6.2 Payment of the fee must be made no later than 14 days after the invoice date if a payment method based on direct transfer (iDeal, PayPal, credit card, etc.) is not used.

6.3 Health, Wellness & Dance by Dr. Naomi is at all times entitled to demand full or partial payment in advance and/or to obtain security for payment in some other way.

6.4 If the Customer does not pay the amounts due within the agreed term, the Customer will owe statutory interest on the outstanding amount without any notice of default being required. The statutory interest rate currently stands at 4% for civil matters (e.g., consumer contracts) and 7% for commercial matters (e.g., business-to-business transactions), unless otherwise specified by law. If the Customer continues to fail to pay the claim after notice of default, the claim can be handed over, in which case, in addition to the total amount owed, the Customer will also be obliged to pay full compensation for extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs established by law, in connection with the collection of this claim or the exercise of legal rights in any other way, the amount of which is set at a minimum of 15% of the total amount with a minimum of €75.

6.5 Without prejudice to its other rights under the law or the Agreement, Health, Wellness & Dance by Dr. Naomi is entitled to suspend the Service in the absence of timely payment without being obliged to pay any compensation to the Customer for costs or damage.

Article 7 – Communication

7.1 Communication by Health, Wellness & Dance by Dr. Naomi can take place in various ways such as update notifications or reminders, email, or otherwise.

7.2 The Customer agrees that Health, Wellness & Dance by Dr. Naomi may approach the Customer for changes or updates to the services if it deems this necessary.

7.3 The Customer agrees that Health, Wellness & Dance by Dr. Naomi or one of its affiliated parent or sister companies may approach the Customer for commercial purposes. After receiving an initial approach, the Customer has the option of not wanting to be approached in the future.

7.4 Members can communicate with each other within the services of Health, Wellness & Dance by Dr. Naomi, for example, by posting comments or sending messages. The Customer agrees not to send spam or otherwise unsolicited communications, of a commercial nature or otherwise, including but not limited to threatening, aggressive, obscene, libellous, infringing, privacy-violating or advertising-containing communications. Violating these terms and conditions may result in immediate denial of access to and use of Health, Wellness & Dance by Dr. Naomi's services and termination of the license to use.

7.5 Health, Wellness & Dance by Dr. Naomi is at all times free to remove user communications or other parts of the shared information without further notice if the content of these communications and information justifies their removal.

Article 8 – Intellectual Property Rights

8.1 All intellectual and industrial property rights concerning the website and other services and concerning everything that Health, Wellness & Dance by Dr. Naomi develops, manufactures, or provides, including knowledge programs, texts, designs, videos, and images, belong to Health, Wellness & Dance by Dr. Naomi.

8.2 The Customer is not permitted to remove or change any designation about brands, trade names, copyrights, or other intellectual or industrial property rights.

8.3 The Customer is not permitted to copy, reproduce, translate, adapt, imitate, modify, or reconstruct the service or part thereof.

8.4 Insofar as necessary for the use of the Services, the Customer obtains a non-transferable and non-exclusive right of use with regard to these intellectual property rights.

Article 9 – Liability

9.1 Health, Wellness & Dance by Dr. Naomi is never liable for any direct and indirect damage suffered by the Customer or third parties, including consequential and immaterial damage resulting from the use or non-use of the Services.

9.2 The Customer will indemnify Health, Wellness & Dance by Dr. Naomi and third parties engaged by it against all third-party claims concerning liability, damage, and costs arising as a result of or related to the use or non-use by the Customer of the Services.

9.3 Specified deadlines are approximate and cannot be regarded as strict deadlines. Health, Wellness & Dance by Dr. Naomi is not liable if specified terms are exceeded.

9.4 The previous paragraphs of this article do not apply if and insofar as the damage in question is caused by intent or gross negligence on the part of Health, Wellness & Dance by Dr. Naomi (senior management personnel).

Article 10 – Advice

10.1 All advice, shared knowledge, notifications, and statements provided by Health, Wellness & Dance by Dr. Naomi about, among other things, the characteristics of services to be provided by Health, Wellness & Dance by Dr. Naomi are entirely without obligation and are provided by Health, Wellness & Dance by Dr. Naomi by way of non-binding information. Health, Wellness & Dance by Dr. Naomi does not provide any guarantees in this regard.

10.2 Health, Wellness & Dance by Dr. Naomi is not liable for any direct or indirect damage, in whatever form and for whatever reason, arising from the provision of information and/or advice by Health, Wellness & Dance by Dr. Naomi. The Customer indemnifies Health, Wellness & Dance by Dr. Naomi against all claims from third parties unless there is intent or gross negligence on the part of Health, Wellness & Dance by Dr. Naomi.

Article 11 – Privacy

11.1 Health, Wellness & Dance by Dr. Naomi respects the Customer's privacy. Health, Wellness & Dance by Dr. Naomi will process the Customer's personal data following the applicable privacy regulations and with the Privacy Policy that can be viewed on the Health, Wellness & Dance by Dr. Naomi website. The Customer agrees to this processing of their personal data.

Article 12 – Applicable Law

12.1 This Agreement is exclusively governed by Portuguese law.

12.2 Insofar as national legal rules do not prescribe otherwise, the court in Lisbon has exclusive jurisdiction to hear disputes arising from or related to the Agreement between the parties.

12.3 The Customer is not entitled to transfer the rights and obligations under the Agreement to a third party, including entities within the group of which the Customer is a part, without the prior written consent of Health, Wellness & Dance by Dr. Naomi. Health, Wellness & Dance by Dr. Naomi is entitled to transfer the rights and obligations under the Agreement to third parties. The Customer hereby grants their consent to such a transfer.