Terms and conditions

Terms and conditions.

This English translation is provided for convenience only. In the event of any discrepancy, the Dutch version prevails.

These general terms and conditions for businesses consist of general terms and conditions, terms of use and contract terms.

General Terms and Conditions

Dutch Kahuna B.V. is a company registered in Waalre, the Netherlands, under Chamber of Commerce number 17089685, with VAT number NL806551975B02, and located at Lissevenlaan1, 5582 KB Waalre.

Article 1: Definitions of terms used in these general terms and conditions

In these general terms and conditions, the following terms are used with the following meanings (in both singular and plural):

Customer: Any party that enters into an Agreement with Dutch Kahuna or requests a quotation from Dutch Kahuna.
Dutch Kahuna: The private limited liability company Dutch Kahuna B.V.
Parties: Dutch Kahuna and Customer / User.
Content: The online and offline material made available to the Customer / User.
IP Rights: All intellectual property rights and related rights, such as copyrights, trademark rights and database rights.
User: A natural person, employed within the Customer's organisation or being the Customer themselves, who under the Agreement is entitled to access and use the Content made available by Dutch Kahuna.
Services: All services offered by Dutch Kahuna (in the broadest sense of the word).
Products: All goods offered by Dutch Kahuna (in the broadest sense of the word).

Article 2: Applicability

2.1.
The following terms and conditions apply to and form an integral part of all our offers, quotations, orders, agreements and the performance thereof.

2.2.
These general terms and conditions shall at all times prevail over the general terms and conditions of the User/Customer.

2.3.
If these general terms and conditions have previously applied to a legal relationship between Dutch Kahuna and the Customer, the Customer shall be deemed to have agreed in advance to the applicability of these General Terms and Conditions to agreements concluded or to be concluded thereafter.

2.4.
We offer you the use of our services only in accordance with these general terms and conditions. If you do not agree to these terms and conditions, you may not use our services.

2.5.
We pay the utmost attention to the quality of our services, but if you are dissatisfied in any way, we would like to hear from you within 3 months. You can let us know by e-mail at support@dutchkahuna.nl. If you would like to contact us by telephone, you can call our support service on +31 408511205.

Article 3: Agreement

3.1.
The following terms and conditions apply to and form an integral part of all our offers, quotations, orders, agreements and the performance thereof.

3.2.
An Agreement is concluded only (1) upon written acceptance by Dutch Kahuna of an order, registration or assignment from the Customer, (2) upon signature of an Agreement by both Parties or, where the Customer uses an online shop, (3) upon an order placed by the Customer via the online shop and confirmation of that order by Dutch Kahuna to the Customer by e-mail.

3.3.
Quotations and offers from Dutch Kahuna are revocable, non-binding and valid for the period stated therein. If no period is stated, the quotation or offer is valid until thirty (30) days after the date on which it was issued. If a quotation or offer from Dutch Kahuna is accepted by the Customer, Dutch Kahuna has the right to revoke the quotation or offer within 2 working days of becoming aware of such acceptance.

3.4.
Notwithstanding the foregoing, additions to and amendments of the Agreement may only be agreed in writing by Dutch Kahuna and the Customer. Dutch Kahuna is at all times entitled, where applicable, to modify, reduce and/or remove the scope, content and/or functionalities of Content, Services and/or Products. If, in Dutch Kahuna's opinion, a modification is substantial, it shall notify the Customer of that modification in advance. If, in Dutch Kahuna's opinion, the modification gives cause to do so, Dutch Kahuna shall consult with the Customer about a possible reduction of the fee agreed for the Content, Services and/or Products.

Article 4: Prices and terms of payment

4.1.
The prices charged by Dutch Kahuna are exclusive of VAT and other government levies and exclusive of administration, installation and shipping costs, unless stated otherwise.

4.2.
Where the Customer orders a Service or Product via an online shop, payment must be made immediately in the manner stated in the online shop. Payment of other orders takes place on the basis of an invoice sent by Dutch Kahuna.

4.3.
For discount vouchers, the voucher number is decisive. A discount voucher must be activated before the expiry date stated on the voucher.

4.4.
Invoices must be paid within 14 days of the invoice date, unless otherwise agreed in writing. Dutch Kahuna has the right to require advance payment, cash payment and/or security for payment from the Customer.

4.5.
All payments by the Customer to Dutch Kahuna shall be applied to the oldest outstanding invoices of the Customer.

4.6.
The payment terms are strict deadlines. In the event of late payment, the Customer shall be in default automatically, without any reminder or notice of default being required, and shall owe interest of 1% per month or part thereof on the outstanding amount, expressly in addition to the extrajudicial costs, being 15% of the invoice amount with a minimum of € 150,00 excluding VAT, to be calculated on the principal sum plus interest. Insofar as the Customer does not act in the course of a profession or business, the Customer shall owe, in addition to the interest, compensation equal to the statutory maximum permitted compensation for extrajudicial collection costs.

4.7.
The Customer is not entitled to suspend or set off payments on account of (alleged) shortcoming(s) on the part of Dutch Kahuna.

Article 5: Cancellation terms

5.1.
Cancellation terms for online courses:
Once an agreement has been concluded between the Parties, the following cancellation terms apply to the Customer with regard to Dutch Kahuna's online offering:

Up to one month before the start of the delivery date, Dutch Kahuna charges no cancellation fee. For cancellations between one month and 14 days before the delivery date, Dutch Kahuna charges 50% of the contract sum. For cancellations within 2 weeks before the start of the delivery date, Dutch Kahuna charges 100% of the contract sum.

5.2.
Cancellation terms for virtual/classroom trainings:
Once an agreement has been concluded between the parties, the following cancellation terms apply to the Customer with regard to Dutch Kahuna's classroom offering:

The customer of a training has the right to cancel participation in, or the assignment for, a training in writing.
The cancellation date is the date of the postmark or the date of the e-mail.

In the event of cancellation of the training more than 2 weeks before the start of the training, 50% of all costs will be charged.
In the event of cancellation of the training less than 2 weeks before the start of the training, 100% of all costs will be charged.

Rebooking more than 2 weeks before the start of the training is free of charge once. For each subsequent rebooking, 100% of the costs will be charged.
For rebooking less than 2 weeks before the start of the training, a one-off charge of 50% of all costs will be made. Thereafter, 100% of all costs will be charged.

Substitution of a participant in a previously scheduled training is possible. If the customer, or the participant designated by the customer, ends participation at the start of the training or during the training, or otherwise does not (or no longer) take part in the programme, the customer is not entitled to a refund or to transfer to another training/programme.

Dutch Kahuna has the right, without stating reasons, to cancel the training/programme or assignment or to refuse participation by a Customer or by the (substitute) participant designated by the Customer, in which cases the Customer is entitled to a refund of the full amount paid by it to Dutch Kahuna.

5.3.
Cancellation terms for in-company (virtual) trainings:
Once an agreement has been concluded between the Parties, the following cancellation terms apply to the Customer with regard to Dutch Kahuna's in-company trainings:

Up to 2 months before the start of the delivery date, Dutch Kahuna charges no cancellation fee. For cancellations between 2 months and 4 weeks before the delivery date, Dutch Kahuna charges 50% of the contract sum. For cancellations within 4 weeks before the start of the delivery date, Dutch Kahuna charges 100% of the contract sum.

Rebooking more than 2 weeks before the start of the training is free of charge once. For each subsequent rebooking, 100% of the costs will be charged.

For rebooking less than 2 weeks before the start of the training, a one-off charge of 50% of all costs will be made. Thereafter, 100% of all costs will be charged.

Article 6: Subscriptions

6.1.
The Customer is not entitled to suspend or set off payments on account of (alleged) shortcoming(s) on the part of Dutch Kahuna. The start date is the beginning of the subscription period as stated on the invoice. Insofar as the Customer does not act in the course of a profession or business, the Customer may cancel the subscription on a monthly basis by logging in to the Dutch Kahuna website and cancelling the subscription.

6.2.
After termination of the subscription, the Customer / User no longer has access to Dutch Kahuna's content.

6.3.

After termination of the subscription, all information of the Customer / User will be removed from the website, including (but not limited to) completed trainings, completed assessments, the results of assessments and trainings, certificates obtained and material uploaded by the Customer / User.

Article 7: Retention of title and risk

7.1.
All Products delivered to the Customer remain the property of Dutch Kahuna until the Customer has paid in full all amounts it owes to Dutch Kahuna. At Dutch Kahuna's first request, the Customer shall create a non-possessory pledge on all such goods, or otherwise provide security.

7.2.
The risk of loss of or damage to Products passes to the Customer at the moment they are brought under the Customer's actual control.

Article 8: Delivery periods

8.1.
None of the (delivery) periods stated or agreed by Dutch Kahuna are strict deadlines.

8.2.
Dutch Kahuna shall make reasonable efforts to observe (delivery) periods as far as possible.

8.3.
Dutch Kahuna is entitled to suspend performance of its obligations under an Agreement if the Customer fails to meet its (payment) obligations in full and/or on time. Any adverse consequences of such suspension shall be borne by the Customer.

Article 9: Complaints and returns

9.1.

Comments or complaints about Services and/or Products must be notified to Dutch Kahuna within 14 days of receipt of the Services and/or Products concerned. In the absence of such notification, any claim against Dutch Kahuna in respect of defects in the Services and/or Products shall lapse.

Article 10: Performance of Services

10.1.
Dutch Kahuna performs all Services on the basis of a best-efforts obligation. Where changes or additions result in a change to the scope of the agreed Services, for example due to additional work, any resulting extra work shall be paid for in accordance with Dutch Kahuna's rates applicable at the time this extra work is performed.

10.2.
Where it has been agreed that the Services will be provided by a specific person, Dutch Kahuna is always entitled to replace that person with one or more other, equally qualified persons.

10.3.
Where Dutch Kahuna provides the Service in phases, Dutch Kahuna is entitled to postpone the start of the work for a phase until the Customer has approved the results of the preceding phase in writing.

Article 11: Training programmes

11.1.

Without Dutch Kahuna's permission, it is not permitted to develop and/or offer a similar training programme on the basis of the Training Programme and/or the course materials provided.

Article 12: Personal data

12.1.
When processing personal data, Dutch Kahuna complies with the statutory provisions of the Dutch Personal Data Protection Act (Wbp) and the General Data Protection Regulation (GDPR) and will always process personal data properly, carefully and securely in line with its current privacy statement and cookie policy.

12.2.
Dutch Kahuna will not provide personal data of User(s) to third parties unless this is necessary for the provision of its services. Insofar as Dutch Kahuna engages third parties in the performance of the Agreement, those third parties shall be bound by the same obligations as Dutch Kahuna.

12.3.
Under the Wbp and (from 25 May 2018) the GDPR, the Customer has obligations towards the Users, such as responsibility for supplying data and making changes in the Dutch Kahuna system. Responsibility for complying with these obligations rests with the Customer, and the Customer warrants that it will comply with the Wbp and/or GDPR at all times.

Article 13: Intellectual property rights

13.1.
All IP Rights in the Services and/or Products provided under the Agreement and in the Content are vested exclusively in Dutch Kahuna and/or its licensors, unless expressly agreed otherwise in writing. The provisions of this article constitute a reservation within the meaning of Article 15(1) of the Dutch Copyright Act (Auteurswet). Nothing in these General Terms and Conditions implies a transfer of IP Rights.

13.2.
The Customer is not permitted to remove or alter any notice concerning IP Rights in the Products and/or the (results of the) Services. Dutch Kahuna expressly does not waive the moral rights referred to in Article 25 of the Dutch Copyright Act.

13.3.
Where the IP Rights in (part of) the Services, Products and/or Content belong to licensors of Dutch Kahuna, the Customer may have to accept the licence provisions and terms of these third parties in order to be able to use (all functions of) the Services and/or Products. If the Customer does not wish to do so, it shall have no claim whatsoever against Dutch Kahuna in that respect.

13.4.
If it is established in law by an irrevocable decision that the Services, Products and/or Content supplied by Dutch Kahuna infringe any IP Right belonging to a third party, or if in Dutch Kahuna's opinion there is a reasonable chance that such an infringement will occur, Dutch Kahuna shall, if possible, ensure that the Customer can continue to use the Service and/or Product (or something functionally equivalent) without disruption. Any other or further liability or indemnification obligation of Dutch Kahuna for infringement of a third party's IP Rights is entirely excluded.

Article 14: Warranties and indemnification

14.1.
All use of the Services and/or Products is at the Customer's risk and responsibility. The Customer warrants that it will not use the Services and/or Products:

In such a way as to infringe the rights of Dutch Kahuna or of third parties and/or in any otherwise unlawful manner, including IP Rights and rights protecting personal privacy;
In breach of applicable laws or regulations; and/or in breach of any provision of the Agreement.

14.2.
The Customer indemnifies Dutch Kahuna against all third-party claims, damage and costs arising from and/or in connection with and/or resulting from a breach of the above warranty by the Customer.

Article 15: Liability

15.1.
In connection with the conclusion and/or performance of the Agreement, Dutch Kahuna is not liable for damage resulting from an (attributable) failure to perform the Agreement, from tort or on any other ground, save as provided in the following paragraphs of this article.

15.2.
The total liability of Dutch Kahuna for an attributable failure to perform the Agreement, in tort or otherwise, expressly including any failure to fulfil a warranty obligation agreed with the Customer, is limited to compensation for direct damage up to a maximum of the amount paid or payable to Dutch Kahuna for the Product or Service concerned, whereby for continuing agreements the Service concerned for 1 year shall be taken as the basis. In no event shall the total liability of Dutch Kahuna under the Agreement, on whatever grounds, exceed one thousand euros (€ 1.000,-). The above exclusions and limitations of liability for Dutch Kahuna also apply to any warranties and indemnification obligations of Dutch Kahuna.

Direct damage is understood to mean exclusively:

Reasonable costs incurred by the Customer to make Dutch Kahuna's performance conform to the Agreement;
Reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based, and,
Reasonable costs incurred to determine the cause of the damage, the liability, the direct damage and the method of remedy.

15.3.
Any liability of Dutch Kahuna for damage other than direct damage, such as consequential damage, indirect damage and non-material damage, is entirely excluded. In this context, consequential damage includes in any event: loss of profit, missed savings, reduced goodwill, damage due to business interruption, losses, costs incurred to prevent or determine consequential damage, loss, mix-up or corruption of electronic data and/or damage due to delays in the transmission of data traffic, and all damage other than that referred to in this article.

15.4.
This article in no way limits the liability of Dutch Kahuna for damage resulting from intent or deliberate recklessness on the part of Dutch Kahuna itself.

15.5.
A condition for any right to compensation to arise is always that the Customer reports the damage in writing as soon as possible after it has occurred, and that Dutch Kahuna is offered a reasonable period to remedy it and has been given notice of default. Any right to compensation under this article lapses if the Customer has not made an unambiguous written claim for compensation within 3 months of the moment the damage first became apparent.

Article 16: Termination

16.1.
The Customer may not terminate or rescind the Agreement other than on the basis of the following paragraphs:

Either Party may rescind the Agreement in whole or in part in writing with immediate effect, without any written notice of default or court intervention being required and without being liable for any damages or compensation, if the other Party applies for a suspension of payments, files for its own bankruptcy, is the subject of a bankruptcy petition or is declared bankrupt, if the business of the other Party is or has been liquidated or discontinued other than for the purpose of a merger of businesses, if a substantial part of the assets of the other Party is or has been attached, or if the other Party must be deemed no longer able to meet its obligations.

Both Dutch Kahuna and the Customer have the right to rescind the Agreement in whole or in part if the other Party attributably fails to fulfil its obligations under the Agreement and, after a proper and as detailed as possible written notice of default sent by registered post, granting a reasonable period of at least 30 days to still perform, continues to attributably fail to fulfil its obligations under the Agreement.

Dutch Kahuna is entitled to terminate the Agreement, in whole or in part, if and from the moment that the Service or Product whose delivery is the subject of the Agreement can no longer be supplied, is withdrawn from the market or will otherwise (permanently) no longer be available.

16.2.

If, at the time of rescission as referred to in this article, the Customer has already received performance in execution of the Agreement, such performance and the associated payment obligations shall not be subject to reversal, unless Dutch Kahuna is in default with regard to that performance. Amounts invoiced by Dutch Kahuna before the rescission in connection with what Dutch Kahuna has already performed or delivered in execution of the Agreement remain due and become immediately payable at the moment of rescission.

16.2.
Articles which by their nature are intended to remain in force after the end of the Agreement shall remain fully in force upon termination of the Agreement.

Article 17: Nullity / annulment of provisions

17.1.

If any provision of these terms of use proves to be wholly or partly null and void, is annulled or otherwise proves to be invalid, this shall not affect the validity of the remaining provisions of these terms. Provisions that are not legally valid or cannot lawfully be applied shall be replaced by provisions that correspond as closely as possible to the purport of the provisions being replaced.

Article 18: Miscellaneous

18.1.
The rights and obligations under the Agreement may not be (sub)licensed or transferred by Customer to a third party, unless Dutch Kahuna expressly agrees to this in writing. Dutch Kahuna shall not unreasonably withhold such consent.

18.2.
Dutch Kahuna may (sub)license and/or transfer the rights and obligations arising from the Agreement to a third party without the consent of Customer.

18.3.
If at any time Dutch Kahuna does not invoke a right or power to which it is entitled under the Agreement or by law, this shall not constitute a waiver of that right or power.

Article 19: Governing law and competent court

19.1.

These terms of use are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The competent court in 's Hertogenbosch shall have exclusive jurisdiction to hear any disputes arising in connection with these terms of use.

Article 20: Amendments to the General Terms and Conditions

20.1.

Dutch Kahuna reserves the right to amend these General Terms and Conditions. Amendments take effect immediately after the new terms have been posted on this website.

Terms of Use

Dutch Kahuna B.V. is a company registered in Waalre, the Netherlands, under Chamber of Commerce number 17089685, with VAT number NL806551975B02, and located at Lissevenlaan1, 5582 KB Waalre.

Article 1: Online Products

The provisions set out in this section (Online Products) apply, in addition to the general provisions (set out above), where Dutch Kahuna supplies Online Products to Customer. In the event of any discrepancy between the provisions of the two sections, the provisions on Online Products shall prevail.

Article 2: Right of use

2.1.
Subject to full and timely payment by Customer of the fee applicable to the Online Products, Dutch Kahuna grants Customer the non-exclusive, non-transferable and non-sublicensable right to use the Online Products and the Content contained therein for a limited period in accordance with the provisions of the Agreement. Without prejudice to the provisions of the Agreement, Customer's right of use comprises exclusively the right, in accordance with the instructions and specifications of Dutch Kahuna:

To access the Online Products and the Content contained therein remotely;
To display, consult and operate the Content of the Online Products
To store or print non-substantial parts of the Content;
To reproduce Content from the Online Products by way of quotation (in compliance with Article 15a of the Dutch Copyright Act) in documents created, used or sent in the course of Customer's normal business operations.

2.2.
Customer may use the Online Products solely for its own business operations and only by the number of Users agreed. Customer shall not make the Online Products available to third parties.

2.3.
Except to the extent permitted under mandatory law, Customer may not modify, translate, reproduce, decompile or reverse engineer the Online Products, merge them with other works or create derivative works from them.

2.4.
Customer shall grant Dutch Kahuna and third parties designated by Dutch Kahuna access to the premises where the Online Products are located and/or used, in order to verify that they are being used in accordance with the right of use granted.

Article 3: Implementation, new versions and maintenance

3.1.
Customer agrees to grant and provide Dutch Kahuna with all access, assistance, data and materials that Dutch Kahuna requires in order to provide access to the Online Products properly.

3.2.
Unless agreed otherwise, Dutch Kahuna may temporarily take Online Products, or one or more parts thereof, offline and/or restrict their use where Dutch Kahuna considers this necessary, for example for preventive maintenance or to make corrections or adjustments. Dutch Kahuna shall notify Customer as soon as possible of the temporary unavailability or restricted use of Online Products, if this can reasonably be expected to have a material effect on Customer's business operations. In emergencies in which Online Products must be taken offline with immediate effect or their use must be restricted, Dutch Kahuna shall notify Customer as soon as reasonably possible.

Article 4: Warranties

4.1.
Dutch Kahuna does not warrant that Online Products are free of defects or will operate without interruption. Dutch Kahuna gives no warranties as to fitness for a particular purpose or use.

4.2.
Dutch Kahuna is not responsible for the procurement and/or proper functioning of the infrastructure of Customer or of third parties. Dutch Kahuna is not liable for any damage or costs caused by transmission errors, or by the failure, malfunction or unavailability of computer, data or telecommunications facilities, including the internet.

4.3
Customer is responsible for complying with all technical and functional requirements provided by Dutch Kahuna that are necessary to use Online Products.

Article 5: Login Details and Users

5.1.
Customer requires Login Details in order to use Online Products. Customer is responsible for keeping the Login Details confidential. As soon as Customer knows or has reason to suspect that its login details have come into the hands of unauthorised persons, Customer must notify Dutch Kahuna without delay, without prejudice to Customer's own responsibility to take immediate and effective action, for example by changing its login details. Customer is at all times responsible and liable for the use of Content and Online Products by third parties via Customer's Login Details. Customer shall indemnify Dutch Kahuna against all damage and costs arising from and/or related to the use of Content and/or Online Products by third parties via Customer's Login Details.

5.2.
Customer/user is responsible and liable for all use and storage of content of Online Products and warrants that the provisions of the Agreement are complied with.

5.3.
Customer is itself responsible for informing Dutch Kahuna which users are entitled to access the Dutch Kahuna platform. Dutch Kahuna may block users.

Article 6: Terms of use

6.1.

The following terms of use apply to visiting and using this website of Dutch Kahuna B.V. ("Dutch Kahuna"), as well as to the data and materials made available to you on or via this website (the "Information"). You are over 18 years of age or have the consent of a parent or guardian to visit this website. If you do not agree to these terms of use, you must leave the website.

Article 7: Information

7.1.

This website of Dutch Kahuna is maintained with the greatest possible care. Nevertheless, Dutch Kahuna cannot guarantee that this website and the Information published on it are always complete, accurate or up to date. The Information is intended solely as a source of information and does not constitute advice. Dutch Kahuna cannot guarantee that the Information does not infringe the intellectual property rights of third parties or is not otherwise unlawful towards third parties.

Article 8: Third-party information

8.1.

Information posted on this website that originates from third parties reflects solely the personal opinion of the third parties concerned. Dutch Kahuna is not responsible for the content of such Information and accepts no liability for it.

Article 9: Proprietary rights

9.1.
This website, its design, texts, content, logos, images and the manner in which it is compiled are protected by the copyright or other intellectual property rights of Dutch Kahuna or its licensors.

9.2.
Except where stated otherwise on this website or in the Information, you may consult this website and the Information and make copies for your own use, for example by printing or saving them. Any other use of this website or the Information is permitted only with the prior written consent of Dutch Kahuna.

Article 10: User content

10.1.
When you, as a user, make use of the publication options or interactive services on the website, you agree to the following publication terms and rules of conduct:

Your comments, texts and publications (including photos/videos) are not discriminatory, hateful, sexually suggestive or offensive to other users (whether in language, imagery or tone);
You do not post contributions of a commercial nature and you do not send solicited or unsolicited advertising;
You are the rights holder of the photo and/or video material and the texts that you post on the website, and you indemnify Dutch Kahuna in the event that it is held liable by third parties;
You do not post or send any data or material that spreads viruses or other (harmful) programs or computer software intended to have a (negative) effect on the operation of computer software. This also applies to uploading and to hardware.

10.3.
Dutch Kahuna determines whether the rules of conduct have been breached. It is not accountable to the user(s) or to third parties in this regard. Dutch Kahuna is not responsible for the content of contributions posted by users of the website. Dutch Kahuna reserves the right to remove contributions at any time without stating reasons.

Article 11: Suspension and termination

11.1.

It is for Dutch Kahuna to judge whether a breach of these Terms of Use has occurred. Dutch Kahuna is not accountable to users or third parties in this regard. If Dutch Kahuna considers that these Terms of Use have been breached, the user concerned may be excluded from using this website. The foregoing is without prejudice to Dutch Kahuna's right to recover from the user(s) concerned any damage suffered by it and by third parties.

Article 12: Exclusion and limitation of liability

12.1.
This website and its content are provided without any warranty, whether express or implied. Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) are not liable for any damage resulting from the use of (or inability to use) this website or the Information, unless the damage is the result of wilful misconduct or deliberate recklessness on the part of Dutch Kahuna.

12.2.
Dutch Kahuna is not responsible for the content or functioning of external websites referred to on this website, nor for the quality of any products or services offered on them, and accepts no liability for them.

12.3.
Dutch Kahuna is likewise not responsible for the content of material posted on this website by third parties, including users.

12.4.
Any damage and/or costs you incur as a result of using this website are for your own account. Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) may be held responsible for loss or damage arising directly or indirectly from the use (or inability to use) of the material, including the facilities or services offered via this website. Liability for damage, direct or indirect – including (but not limited to) loss of profit or income, loss of data and/or damage due to third-party claims – will not be accepted. Should the aforementioned exclusion of liability not be upheld by a court in whole or in part, the liability of Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) shall in all cases be limited to the amount you as a user have paid for the use of this website, up to a maximum of € 2.000,00.

Article 13: Nullity/ annulment of provisions

13.1.

Article 14: Governing law and competent court

14.1.
These terms of use are governed exclusively by Dutch law. The competent court in 's-Hertogenbosch shall have exclusive jurisdiction to hear any disputes arising in connection with these terms of use.

Article 15: Amendments to the terms of use

15.1.

Dutch Kahuna reserves the right to amend these terms of use. Amendments take effect immediately after the new terms have been posted on this website. These terms were last amended on 5 January 2023.

Contract Terms

Dutch Kahuna B.V. is a company registered in Waalre, the Netherlands, under Chamber of Commerce number 17089685, with VAT number NL806551975B02, and located at Lissevenlaan1, 5582 KB Waalre.

Article 1: Purpose of the Agreement

1.1.
Dutch Kahuna hereby grants Customer a non-exclusive and non-transferable right to use the Content for the benefit of all Users.

1.2.
This Agreement is subject to the General Terms and Conditions, which are attached and form part of it.

1.3.
This Agreement is subject to the Terms of Use, which are attached and form part of it.

1.4.
Any general terms and conditions of Customer are hereby expressly rejected, and the content of those terms and conditions does not apply to this Agreement.

Article 2: Content

2.1.

Customer has access to the full content of the website. This comprises the current set of courses and learning paths at any given time. The offering is continuously being developed, and certain changes to or removals of parts of the content cannot always be ruled out.

Article 3: Technical requirements

3.1.

The Dutch Kahuna website is responsive, which means it can be used on a computer, laptop, tablet or mobile device. To take the Dutch Kahuna courses, Customer must have a 3G, 4G or Wi-Fi internet connection.

Article 4: Term and termination of the Agreement

4.1.
Dutch Kahuna hereby grants Customer a non-exclusive and non-transferable right to use the Content for the benefit of all Users.

4.2.
This Agreement is entered into for a fixed term, as agreed in the order confirmation.

4.3.
On expiry, this agreement shall be renewed on the same terms as the agreement previously concluded. This agreement is terminated by notice given by Customer to Dutch Kahuna or by Dutch Kahuna to Customer with effect from the end of the current agreement, subject to a notice period of one month.

Article 5. Fee

5.1.
Dutch Kahuna hereby grants Customer a non-exclusive and non-transferable right to use the Content for the benefit of all Users.

5.2.
The fee consists of the fee for the full content (see Article 2), with Customer being entitled to the most up-to-date content.

5.3.
The fee is invoiced to Customer by Dutch Kahuna in advance.

Article 6. Users

6.1.
The Parties agree that Customer may register Users for the Content made available by Customer.

6.2.
If Customer requires more licences than contractually agreed, Customer may add users to the company dashboard during the contract period by notifying Dutch Kahuna. The fee will be adjusted pro rata on the basis of the current annual subscription, excluding VAT. Dutch Kahuna charges € 10,50 (excl. VAT) in administration costs for each change in the number of Users.

6.3.
The right of use referred to in this Agreement is expressly granted to Customer only for the benefit of the Users notified to Dutch Kahuna in writing by Customer.

Article 7. Changes to Content

7.1.
Dutch Kahuna hereby grants Customer a non-exclusive and non-transferable right to use the Content for the benefit of all Users.

7.2.
Dutch Kahuna will always offer the available content to Customer, except where Dutch Kahuna is required otherwise on the grounds of legal liability. Dutch Kahuna does, however, reserve the right to change/update content.

7.3.
If Customer wishes to purchase more or different Content than the Content available at that time, Customer may submit a request to Dutch Kahuna. If the Content proposed by Customer fits the purpose and mission of Dutch Kahuna, Dutch Kahuna will publish this content on the website. Customer agrees that this new content will be made available to all Users of Dutch Kahuna.

Article 8. Communication

8.1.
All notices to Dutch Kahuna in connection with this Agreement must be addressed to:

Dutch Kahuna B.V.
For the attention of: Mr H.W. Berendsen
Address: Lissevenlaan 1, 5582 KB Waalre
Telephone: 040-8511205
Email: support@dutchkahuna.nl

8.2.
For technical support, Customer should contact the Dutch Kahuna support department via support@dutchkahuna.nl

8.3.
Dutch Kahuna uses the first name, surname, name prefix and email address of Users, as provided to Dutch Kahuna by Customer, to issue a username and password to Users and to send messages that encourage the learning process. If a user has consented to receiving newsletters, Dutch Kahuna also uses the email address to send newsletters.

8.4.
If a User objects to the use of these email addresses for this purpose, the User may object to receiving further emails from Dutch Kahuna by notifying Dutch Kahuna by email or by indicating this in their Dutch Kahuna account.

8.5.
Dutch Kahuna is entitled to use Customer's company logo for marketing and communication purposes for the duration of this Agreement.

Article 9: GDPR

9.1.
Under the General Data Protection Regulation (GDPR), Dutch Kahuna is to be designated as the controller, given that:

Dutch Kahuna provides training for the employees of its clients (employers);
Dutch Kahuna's services are consequently provided primarily to, and aimed primarily at, the data subjects/employees of Dutch Kahuna's clients, and not the clients (employers/principals) themselves;
The services are not primarily aimed at processing personal data; rather, the processing of personal data is a consequence of providing the training and other services;
Dutch Kahuna itself determines how it delivers/organises its training and how it uses the personal data of the learners/data subjects. It is therefore not necessary to conclude a data processing agreement between Dutch Kahuna and Customer in which Customer is designated as the controller and Dutch Kahuna as the processor.

9.2.
Customer may deviate from the above provisions in Article 9.1 where Customer has designated itself as the controller in the context of the agreement concluded. In that case, Dutch Kahuna will cooperate fully in drawing up the necessary documents.

Article 10. Other provisions

10.1.
These contract terms are governed by Dutch law.

10.2.
All disputes that may arise in connection with this agreement shall be submitted to the competent court in 's-Hertogenbosch.

These terms were last amended on 5 January 2023

General Terms and Conditions for Consumers

These general terms and conditions for consumers consist of general terms and terms of use.

General Terms and Conditions

The general terms and conditions for consumers are set out below.

Dutch Kahuna B.V. is a company registered in Waalre, the Netherlands, under Chamber of Commerce number 17089685, with VAT number NL806551975B02, and located at Lissevenlaan1, 5582 KB Waalre.

Article 1: Definitions of terms used in these general terms and conditions

In these general terms and conditions, the following terms have the following meanings (in both singular and plural):

Customer: Any party that enters into an Agreement with Dutch Kahuna.
Dutch Kahuna: The private limited liability company Dutch Kahuna B.V.
Parties: Dutch Kahuna and Customer/User.
IP Rights: All intellectual property rights and related rights, such as copyrights, trademark rights and database rights.
User: A natural person who, according to the Agreement, is entitled to access and use the Content made available by Dutch Kahuna.
Services: All services offered by Dutch Kahuna (in the broadest sense of the word).
Products: All goods offered by Dutch Kahuna (in the broadest sense of the word).
Online Shop: the website of Dutch Kahuna, as well as any registration form shown on it or any other means of registering for a Service or Product of Dutch Kahuna.

Article 2: Applicability

2.1.
The following terms and conditions apply to and form an integral part of all our offers, quotations, orders and agreements and the performance thereof.

2.2.
These general terms and conditions shall at all times take precedence over the general terms and conditions of the User/Customer.

2.3.
We offer you the use of our services only in accordance with these general terms and conditions. If you do not agree to these terms and conditions, you may not use our services.

2.4.
We pay the utmost attention to the quality of our services, but if you are dissatisfied in any way, we would like to hear from you within 1 month. You can let us know by email at support@dutchkahuna.nl. If you would like to contact us by telephone, you can call our support service on 040-8511205.

Article 3: Agreement

3.1.
An Agreement is concluded only when Customer places an order via the Shop and Dutch Kahuna confirms the order to Customer by email.

3.2.
An offer from Dutch Kahuna is revocable, without obligation and valid for the period stated therein. If an offer from Dutch Kahuna is accepted by Customer, Dutch Kahuna has the right to revoke the offer within two (2) working days of becoming aware of the acceptance.

3.3.
Notwithstanding the foregoing, additions to and amendments of the Agreement may only be agreed in writing by Dutch Kahuna and Customer. Dutch Kahuna is at all times entitled – where applicable – to change, reduce and/or remove the scope, content and/or functionalities of Content, Services and/or Products. If, in the opinion of Dutch Kahuna, a change is substantial, it will notify Customer of that change in advance. If, in the opinion of Dutch Kahuna, the change gives cause to do so, Dutch Kahuna will consult with Customer about a possible reduction of the fee agreed for the Content, Services and/or Products.

3.4.
Dutch Kahuna is entitled to make parts of the Content available to Customer only upon payment of an additional fee. This provision applies, for example (but not exclusively), where Customer wishes to make use of open Events made available by Dutch Kahuna.

Article 4: Prices and terms of payment

4.1.
Where Customer orders a Service or Product via an Online Shop, payment must be made immediately in the manner stated in the Online Shop. Payment for other orders is made on the basis of an invoice sent by Dutch Kahuna. Invoices must be paid within 14 days of the invoice date, unless the Parties agree otherwise.

4.2.
For discount vouchers, the voucher number is decisive. A discount voucher must be activated before the expiry date stated on the voucher.

4.3.
If Customer is in default, Dutch Kahuna may lawfully claim the extrajudicial collection costs set out in the Dutch scale of extrajudicial collection costs (Staffel Buitengerechtelijke Incassokosten, BIK).

4.4.
Customer is not entitled to suspend or set off payments on account of any (alleged) shortcoming(s) on the part of Dutch Kahuna.

Article 5: Cancellation terms

5.1.
The Customer of a training has the right to cancel participation in, or the order for, a training in writing. The cancellation date is the date of the postmark or the date of the email.

5.2.
In the event of cancellation up to 2 months before the start, 10% of the agreed price will be charged. In the event of cancellation between 2 months and 1 month before the start, 20% of the agreed price will be charged. In the event of cancellation between 1 month and 2 weeks, 30% of the agreed price will be charged. In the event of cancellation of the training less than two weeks before its start, 50% of all costs will be charged.

5.3.
Rebooking more than two weeks before the start of the training is free of charge once. For each subsequent rebooking, 50% of the costs will be charged. For rebooking less than two weeks before the start of the training, a one-off charge of 20% of all costs will be made. Thereafter, 50% of all costs will be charged.

5.4.

A participant may be replaced on a training that has already been scheduled.

5.5.

If Customer, or the participant designated by Customer, terminates participation at the start of the training or during the training, or otherwise does not (or no longer) take part in the programme, 50% of all costs will be charged.

5.6.

Dutch Kahuna has the right, without stating reasons, to cancel the training/programme or assignment or to refuse the participation of a Customer or of the (replacement) participant designated by Customer, in which case Customer is entitled to a refund of the full amount it has paid to Dutch Kahuna.

Article 6: Subscriptions

6.1.
A Customer who is not acting in the course of a profession or business may cancel a subscription by sending a written request to Dutch Kahuna. After cancellation of the subscription, Customer no longer has access to the content of Dutch Kahuna.

6.2.

Subscriptions have a term of one year and are renewed automatically until the subscription is cancelled. Subscriptions may be cancelled monthly, in which case Customer is not entitled to a refund for the remaining term of the subscription.

6.3.
After termination of the subscription, the Customer / User no longer has access to the content of Dutch Kahuna.

6.4.

After termination of the subscription, all information of the Customer / User will be deleted from the Dutch Kahuna website, including (but not limited to) courses taken, assessments completed, the results of assessments and courses, certificates obtained and material uploaded by the Customer / user.

Article 7: Training

7.1.
It is not permitted, without the consent of Dutch Kahuna, to develop and/or offer a similar training on the basis of the Training and/or the course materials provided.

Article 8: Personal data

8.1.
When processing personal data, Dutch Kahuna complies with the statutory requirements of the Dutch Personal Data Protection Act (Wbp) and the General Data Protection Regulation (GDPR) and will process personal data properly, carefully and securely in line with its current privacy statement.

8.2.
Personal data of User(s) will not be provided to third parties by Dutch Kahuna unless this is necessary for the provision of its services. Insofar as Dutch Kahuna engages third parties in the performance of the Agreement, those third parties will be bound by the same obligations as Dutch Kahuna.

Article 9: Intellectual property rights

9.1.

All IP Rights in the Services and/or Products provided under the Agreement and in the Content are vested exclusively in Dutch Kahuna and/or its licensors, unless expressly agreed otherwise in writing. The provisions of this article constitute a reservation within the meaning of Article 15(1) of the Dutch Copyright Act.

9.2.

Nothing in these General Terms and Conditions implies a transfer of IP Rights.

9.3.
Customer is not permitted to remove or alter any notice relating to IP Rights in the Products and/or the (results of the) Services.

9.4.

New Heroes expressly does not waive the moral rights referred to in Article 25 of the Dutch Copyright Act.

9.5.

In the event that the IP Rights in (part of) the Services, Products and/or Content belong to licensors of Dutch Kahuna, Customer may be required to accept the licence provisions and terms of those third parties in order to be able to use (all functions of) the Services and/or Products. If Customer does not wish to do so, it shall have no claim whatsoever against Dutch Kahuna in that respect.

9.6.

If it is established by a final and non-appealable judgment that the Services, Products and/or Content supplied by Dutch Kahuna infringe any IP Right belonging to a third party, or if in the opinion of Dutch Kahuna there is a reasonable chance that such an infringement will occur, Dutch Kahuna will, where possible, ensure that Customer can continue to use the Service and/or Product (or something functionally equivalent) without disruption. Any other or further liability or indemnification obligation of Dutch Kahuna on account of infringement of a third party's IP Rights is entirely excluded.

Article 10: Warranties and indemnification

10.1.
All use of the Services and/or Products is at the risk and responsibility of Customer.

10.2.
Customer warrants that it will not use the Services and/or Products:

In such a way as to infringe the rights of Dutch Kahuna or of third parties and/or in any otherwise unlawful manner, including IP Rights and rights protecting personal privacy;
In breach of applicable laws or regulations; and/or
In breach of any provision of the Agreement.

10.3.
Customer indemnifies Dutch Kahuna against all claims by third parties, damage and costs arising from and/or related to and/or resulting from a breach of the above warranty by Customer.

Article 11: Termination

11.1.
A Customer who is not acting in the course of a profession or business may cancel a subscription by submitting a written request to Dutch Kahuna. After cancellation of the subscription, Customer no longer has access to the content of Dutch Kahuna. All of Customer's content will be deleted from the Dutch Kahuna website, including but not limited to the results of courses, certificates obtained, assessment results, certificates obtained and material uploaded by Customer.

11.2
Either Party may, without the need for written notice of default or judicial intervention and without being liable for any damages or compensation, dissolve the Agreement in whole or in part in writing with immediate effect if the other Party applies for a moratorium on payments, is declared bankrupt or becomes subject to the statutory debt rescheduling scheme for natural persons. Dutch Kahuna has the right to dissolve the Agreement in whole or in part if Customer attributably fails to perform its obligations. Dutch Kahuna is entitled to terminate the Agreement, in whole or in part, if and from the moment that the Service or Product whose supply is the subject of the Agreement can no longer be supplied, is withdrawn from the market or otherwise (permanently) ceases to be available.

11.3
If, at the time of dissolution as referred to in this article, Customer has already received performance in execution of the Agreement, such performance and the related payment obligations shall not be undone, unless Dutch Kahuna is in default with respect to that performance. Amounts invoiced by Dutch Kahuna before the dissolution in connection with what Dutch Kahuna has already performed or supplied in execution of the Agreement remain owed and become immediately due and payable at the moment of dissolution.

11.4
Articles which by their nature are intended to remain in force after the end of the Agreement shall remain fully in force upon termination of the Agreement.

Article 12: Nullity/annulment of provisions

12.1.
If any provision of these terms of use proves to be wholly or partly null and void, is annulled or otherwise proves to be invalid, this shall not affect the validity of the remaining provisions of these terms. Provisions that are not legally valid or cannot lawfully be applied shall be replaced by provisions that correspond as closely as possible to the purport of the provisions being replaced.

Article 13: Miscellaneous

13.1.
The rights and obligations under the Agreement may not be (sub)licensed or transferred by the Customer to a third party unless Dutch Kahuna expressly agrees to this in writing. Dutch Kahuna shall not unreasonably withhold such consent.

13.2.
Dutch Kahuna may (sub)license and/or transfer the rights and obligations arising from the Agreement to a third party without the Customer’s consent.

13.3.
If Dutch Kahuna at any time fails to invoke any right or power to which it is entitled under the Agreement or by law, this shall not constitute a waiver of that right or power.

Article 14: Governing law and competent court

14.1.
These terms of use are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The competent court in the district of Gelderland shall have exclusive jurisdiction to hear any disputes arising in connection with these terms of use.

Article 15: Amendments to the General Terms and Conditions

15.1.
Dutch Kahuna reserves the right to amend these General Terms and Conditions. Amendments take effect immediately upon publication of the new terms on this website. These terms were last amended on 5 January 2023.

Terms of Use

The terms of use for consumers are set out below.

Dutch Kahuna B.V. is a company registered in Waalre, the Netherlands, under Chamber of Commerce number 17089685, with VAT number NL806551975B02, and located at Lissevenlaan1, 5582 KB Waalre.

Article 1: Online Products

1.1.

Article 2: Right of use

To access the Online Products and the Content contained therein remotely;
To display, consult and operate the Content of the Online Products
To store or print non-substantial parts of the Content;
To reproduce Content from the Online Products by way of quotation (in compliance with Article 15a of the Dutch Copyright Act) in documents created, used or sent in the course of Customer's normal business operations.

Article 3: Implementation, new versions and maintenance

Article 4: Warranties

Article 5: Login Details and Users

Article 6: Terms of use

6.1.

Article 7: Information

7.1.

Article 8: Third-party information

8.1.

Article 9: Proprietary rights

Article 10: User content

10.1.
When you, as a user, make use of the publication options or interactive services on the website, you agree to the following publication terms and rules of conduct:

Your comments, texts and publications (including photos/videos) are not discriminatory, hateful, sexually suggestive or offensive to other users (whether in language, imagery or tone);
You do not post contributions of a commercial nature and you do not send solicited or unsolicited advertising;
You are the rights holder of the photo and/or video material and the texts that you post on the website, and you indemnify Dutch Kahuna in the event that it is held liable by third parties;
You do not post or send any data or material that spreads viruses or other (harmful) programs or computer software intended to have a (negative) effect on the operation of computer software. This also applies to uploading and to hardware.

Article 11: Suspension and termination

11.1.

Article 12: Exclusion and limitation of liability

12.1.
This website and its content are provided without any warranty, whether express or implied. Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) shall not be liable for any damage resulting from the use of (or inability to use) this website or the Information, unless the damage is the result of intent or wilful recklessness on the part of Dutch Kahuna.

12.2.
Dutch Kahuna is not responsible for the content or functioning of external websites referred to on this website, nor for the quality of any products or services offered there, and accepts no liability in that respect.

12.3.
Dutch Kahuna is likewise not responsible for the content posted on this website by third parties, including users.

12.4.
Any damage and/or costs you incur from the use of this website are for your own account. Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) may be held responsible for loss or damage arising directly or indirectly from the use of (or inability to use) the material, including the facilities or services offered via this website. Liability for damage, direct or indirect – including (but not limited to) loss of profit or income, loss of data and/or damage due to third-party claims – will not be accepted. Should the aforementioned exclusion of liability not be upheld in law, in whole or in part, the liability of Dutch Kahuna and its affiliated parties (including but not limited to its employees, directors, affiliated organisations or other representatives) shall in all cases be limited to the amount you as a user have paid for the use of this website, up to a maximum of € 2,000.00.

Article 13: Nullity/ annulment of provisions

13.1.

Article 14: Governing law and competent court

Article 15: Amendments to the terms of use

15.1.

Dutch Kahuna reserves the right to amend these terms of use. Amendments take effect immediately after the new terms have been posted on this website. These terms were last amended on 5 January 2023.