Terms & Conditions
Terms & Conditions
Terms
What’s in these terms?
These terms tell you the rules for using our website www.dianahenning.com our site including booking a course, Human Design reading, or coaching session.
Who we are and how to contact us
www.dianahenning.nl is a site operated by Dilightful. Dilightful is registered at the Chamber of Commerce with registration number 87150190 in the Netherlands. To contact us, please email [email protected]
By using our site you accept these terms
By using our site, you confirm that you accept these terms and conditions (the “terms”) and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 11th July 2022.
We may make changes to our site
We may update and change our site from time to time to reflect changes to our products and services, our users’ needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
You must keep your account details safe
If you choose, or you are provided with a username and/or password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected]
Do not rely on information on this site
The content on our site is provided as general information about Human Design. We are not healthcare professionals and the content of our site is not intended to amount to advice on health or other matters on which you should rely. If you are influenced by the content on our site, you acknowledge that any decisions that you make are you own and Dilightful has no responsibility for such decisions or the outcome of them. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Storage and availability
Any course that you purchase, will be available to you in the members area to view as many times as you wish, however we do not guarantee to store or make available on our site any content, or your courses or any other content for any length of time. You acknowledge that temporary interruptions in the availability of the site may occur from time to time as normal events. Also, we may decide to cease making available the site or any portion of the site at any time and for any reason. Under no circumstances will Dilightful or its suppliers be held liable for any loss you may incur due to such interruptions or lack of availability.
Disclaimers
Use of this site is at your own risk. The site is provided on a “as is” and “as available” basis. Dilightful and its affiliates, suppliers and partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Dilightful and its affiliates, suppliers and partners make no warranty that (i) the site or any products purchased through the site will meet your requirements; (ii) the site will be uninterrupted, timely, secure or error-free; or (iii) that there will be no errors in the site or that Dilightful will fix any errors. Any materials obtained through use of the site are obtained at your own discretion and risk and Dilightful shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from use of the site or any content obtained from the site.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontracts and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Purchase Terms.
Please note that we only provide our site and the products available on it for domestic and private use. You agree not to use our sie for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice in relation to such defective digital content.
How we may use your personal information
We will only use your personal information as set out in our privacy policy.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. In the event of such a breach, your right to use our site will cease immediately.
Limitation of Liability
To the fullest extent permitted under law, Dilightful and its affiliates, suppliers and partners have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising from or related to your use of the site or any content provided by or through the site, even if we have been advised of the possibility of such damages in advance. The foregoing limitation applies to damages arising from (i) your use or inability to use our site; (ii) third party content made available to you through the site; or (iii) any other matter relating to the site. Notwithstanding anything to the contrary contained herein, Dilightful’s liability and the liability of each of its officers, directors, employees, and agents to you is limited to the value of purchases made by you in the 12 months prior to the event giving rise to the liability.
Indemnity
You agree to indemnify and hold harmless Dilightful and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from your use of the site, your connection to the site, your violation of these terms or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these terms and your use of the site.
Termination and Suspension
We may terminate or suspend the site or any part of the site, terminate or suspend your use of the site, block any IP address, or remove any of your content at any time without cause without any liability to you. Further, we may terminate or suspend your permission to use the site immediately and without notice upon any violation of these terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the site for any of these reasons or otherwise for cause, we will not refund any amounts you may have paid for products or services. Upon any termination we may delete your account, passwords and content, and we may bar you from further use of the site. You agree that we will have no liability to you or any third party for termination of your account or access to the site.
General Conditions
Article 1. Definitions
1. Principal: any person or legal body who/which enters into a contract with Dilightful or with whom Dilightful is negotiating to conclude a contract.
2. Client: the person who participates at Dilightful in a coaching, support or advisory track, a workshop or training or similar activities, on request or by order of Principal.
3. Assignment: every order of Principal in any form whatsoever.
4. Contract: every Contract concluded between Dilightful and Principal, each adjustment or addition, as well as each (legal) activity to execute the Contract and in retrospect all (legal) actions to enter into the Contract.
5. Services: All products and Services Dilightful delivers to Principal which are ordered or which Dilightful performs because of other reasons, all in the broadest sense of the word, also included all activities which are not explicitly executed on request of Principal.
6. Documents: all goods Principal puts at the disposal of Dilightful, including documents and data storage devices, as well as all goods, including documents and data storage devices, which Dilightful has produced in view of the execution of the Assignment.
Article 2. Applicability of these conditions
1. These general conditions apply to all contracts concluded by Dilightful, their realization and all quotations and order confirmations made by Dilightful.
2. Deviations from these conditions are only valid if expressly confirmed by Dilightful in writing.
3. These general conditions also apply to each Contract for which execution Dilightful enlist a third party.
4. These general conditions are also fully applicable to all additional Assignments and sequel Assignments from Principal.
5. Eventual purchase - or other general conditions of Principal are not applicable, unless expressly accepted in writing by Dilightful and insofar they are not in defiance of the present conditions. In case of possible contradictions, the general conditions of Dilightful prevail.
6. In case one or more clauses in these general conditions are void or nullified, all other clauses of these general conditions remain in full force. Principal and Dilightful will consult together to agree on a new clause which will replace the void or nullified clause, in accordance with the purpose and intention of the original clause.
7. Upon request Dilightful will provide a free copy of these general conditions. These conditions can also be downloaded from the Dilightful website.
Article 3. Quotations and realization of the Contract
1. The quotations Dilightful drafts are without engagement, unless otherwise stated. Dilightful can only be bound to a quotation if Principal has accepted the quotation and confirmed this to Dilightful within a period of one month without any prejudice or adjustments.
2. Prices in the mentioned quotations are in Euro’s and VAT excluded, unless otherwise stated.
3. Dilightful can charge each change of factors which may influence the prices and fees of Dilightful, among which prices of third parties, exchange rates, insurance costs and other levies or taxes to Principal.
4. Quotations are based on the information Dilightful has available.
5. The Contract will be concluded if Principal accepts the quotation as mentioned in Article 3.1. Principal and Dilightful also have concluded a Contract if Dilightful confirms in writing an agreement made between Principal and Dilightful and Principal does not dispute in writing its correctness within ten working days or – if this term is shorter, before start of the activities.
Article 4. Data Principal
1. Principal must put at Dilightful’s disposal all data and documents in due time, complete and correct, which Dilightful indicate are needed or Principal can reasonably understand are needed for the proper execution of the Contract.
2. Dilightful is entitled to postpone the execution of the Assignment and/or charge the extra costs because of this delay to Principal in accordance with Dilightful’s usual rates, until the moment Principal has met his obligations as stated in clause 1.
3. In case and insofar Principal requests, all documents put on hand will be returned immediately to Principal upon termination of the Assignment or, if possible, even during the Assignment.
Article 5. Execution of the Contract
1. Dilightful defines the way the Assignment is executed. The Contracts concluded between Dilightful and Principal obliges Dilightful to deliver to her utmost endeavors. Dilightful is expressly not obliged to delivery any result. Dilightful is obliged to meet her obligations as is required in accordance with professional standards and carefulness.
2. At all times Dilightful is entitled to have certain activities executed by third parties or enlist the assistance of third parties, whenever Dilightful is of the opinion that such is necessary or useful. Dilightful will timely inform Principal in such event.
3. When Dilightful gets the Assignment to execute (part of an) Assignment in cooperation with a third party, Principal will define in consult with all parties involved what everybody’s task will be. Dilightful will not accept several liability or liability for the execution of the task and related activities by the third party.
4. If for the conclusion of certain activities by Dilightful a specific period of time is agreed, this is not a fatal term, unless otherwise agreed. Exceeding this agreed term is therefore not considered an accountable failure for Dilightful. Principal cannot dissolve the Contract for this reason and is not entitled to any compensation. However, in case of exceeding the agreed term, Principal can set a new, reasonable term, in which Dilightful must execute the Contract. Exceeding this new term may give Principal a reason to dissolve the Contract.
5. Insofar the execution of the Contract will result in material items for Principal, not including notes or such made by Dilightful during the execution of the Contract, these material items are at Principal’s risk on the moment of delivery.
Article 6. Client
1. Client will, insofar necessary for the execution of the Assignment, honestly and openly contribute to the meetings with Dilightful and dedicate himself to achieving the best results during the coaching, support or advisory track or during the workshop, training or similar activities to be attended. Client will be fully responsible, fully appreciates and will take full authority for his own behavior and its consequences, both during the time Client and Dilightful spend together as afterwards. Furthermore Client will attend the sessions at the agreed time and place, make notes when necessary and meet all eventual agreements made during the sessions between Client and Dilightful.
2. Dilightful is entitled to inform Principal if Client does not show up or not show up in time, does not meet the agreements made with Dilightful or does not do his utmost to gain the best result during the coaching, support or advisory track or during the workshop, training or similar activities to be attended, with due observance of full secrecy with respect to all information shared in confidence during the coaching, support or advisory track or during the workshop, training or similar activities to be attended.
3. The coaching-, advisory- and support tracks are not specifically focused on determining any clinical syndrome. In case Dilightful suspects any issues or syndromes during the coaching, advisory or support track, which does not belong to the sphere of work or expertise of Dilightful, Dilightful will inform Client that a consult elsewhere is recommended.
Article 7. Duration and termination of Contract
1. The Contract concluded between Dilightful and Principal is valid during the period stated in the Contract. Dilightful considers this period necessary for delivering the activities required.
2. If the Contract concluded between parties refers to more than a once-only delivery of a service, the contract is considered to be concluded for an indefinite period of time, unless expressly otherwise stated in writing.
3. Both parties can terminate the Contract in writing, unless otherwise agreed upon in writing. If the duration of the Assignment is one year or longer or indefinite, both parties must observe a notice of at least 3 months, unless otherwise agreed upon in writing. In case the duration of the Assignment is shorter than one year, termination can be effected immediately. Prepaid fees may be refunded if possible, unless otherwise agreed upon in writing.
Article 8. Change Contract
1. In case during the execution of the Contract it appears necessary to change the activities to be conducted, for a proper execution, parties will mutually and timely adapt the Contract in writing and undersign same.
2. If parties agree, the Contract will be adapted or completed; the time of completion of the activities or the execution can be affected. In such case Dilightful will inform Principal as soon as possible
3. If change or completion of the Contract has financial or qualitative consequences, Dilightful will inform Principal in advance. If in such case Principal does not object in writing against these consequences within ten working days or – if this term is shorter, before start of the activities, Principal is considered to agree.
4. If a fixed fee is agreed, Dilightful will indicate to what extent the adaption or completion of the Contract will result in exceeding this fee. Furthermore the conditions as mentioned in 8.3 are applicable.
Article 9. Secrecy
1. Parties are obliged to maintain secrecy towards third parties about all confidential information they receive from each other or from other sources within the scope of the Contract, except for the eventual legal or other governmental obligation to reveal certain data. Information is considered confidential upon indication of the other party or as a result of the nature of the information.
2. Information with respect to Client will only be shared with third parties, regardless the way it is laid down or transferred, after Client has noted its contents and has given his written consent to share the information, unless otherwise defined by Dutch law. Therefore Dilightful cannot be held liable if she reports illegal issues to legal authorities.
3. Dilightful will not externally refer to the Assignment without consent of the Principal.
4. In contravention of clause 3 of this article, Dilightful is entitled to use obtained figures for statistic comparison or similar purposes, provided these results cannot be referred to individual Principals or Clients.
Article 10. Intellectual property
1. Insofar copy rights, trademarks, trade names or other rights of intellectual property are vested in the services rendered by Dilightful for the execution of the Contract; Dilightful is and remains the holder, respectively owner of these rights. Principal may only use the material carriers of these rights for the purpose for which they are provided to Principal. They may not be multiplied, revealed or exploited and copy rights, trademarks, trade names and other indicators may not be changed or removed.
2. Dilightful preserves the right to use the knowledge, obtained during the execution of the activities for other purposes, provided no confidential information is revealed to third parties.
Article 11. Electronic communication
1. During the execution of the Assignment Dilightful and Principal or Client can communicate with each other by means of electronic communication.
2. Dilightful and Principal or Client are not liable towards each other for damage which may eventually arise at either party as a result of the use of electronic means of communication, including but not limited to damage as a result of non-delivery or delay in delivery of electronic communication, interception or manipulation of electronic communication by third parties or by software/devices used for sending, receipt or processing electronic communication, transfer of viruses and not or not properly functioning of the telecom network and other means, necessary for electronic communication, except for insofar damage is a result of malice or gross fault.
3. Both Principal, Client and Dilightful will each do their utmost to prevent the occurrence of aforementioned risks.
Article 12. Force Majeure
1. If Dilightful cannot meet her obligations of the Contract in time or in good order as a result of a cause which is not imputable to her, including but not limited to stagnation in the normal course of affairs in her company, the obligations will be suspended until the moment Dilightful is able again to meet her obligations in the agreed way.
2. In the situation as described in art. 12.1 Principal is entitled to partially or wholly terminate the Contract with immediate effect in writing, without Dilightful owing further compensation. Prepaid fees will be refunded if possible, unless otherwise agreed upon in writing.
Article 13. Fee and expenses
1. Dilightful’s fee consists of a prepaid fixed amount per Contract, resp. per service delivered and/or can be calculated based on rates per time unit worked.
2. All fees are including governmental levies like VAT but excluding travel- and other expenses made for Principal, among others but not limited to invoices of third parties enlisted, unless otherwise agreed.
3. Dilightful can ask Principal before start of the Contract and during the course of the Contract to pay a reasonable advance with respect to fees Principal is due or will be due and/or expenses which have to be paid on behalf of Principal. At the moment Dilightful has asked for a reasonable advance, Dilightful is entitled to postpone her activities until the moment Principal has paid the advance to Dilightful or has left a deposit.
4. Dilightful reserves the right to annually adjust the agreed fees because of adjustment of the general price index and governmental measures.
Article 14. Payment and in default
1. Unless otherwise agreed upon in writing, payment has to take place within 14 days upon invoice date in the way Dilightful has stated and in the invoiced currency. Payment will take place without deduction, settlement, compensation or delay, for whatever reason.
2. If Principal has not paid the amounts due at last on the expiry date, he will automatically be in default, without further notification required. In case of default Dilightful is entitled to immediately stop or suspend all activities for Principal. In such case Dilightful does not owe Principal any compensation.
3. In case of default Principal owes a delay interest for the open debt equal to the legal interest rate, effective the date this debt should have originally been paid in conformity with article 14.1.
4. In case more Principals are at stake, each Principal is severally liable towards Dilightful for payment of the total invoice amount, if the activities are all executed for all these Principals.
5. In case of liquidation, bankruptcy or suspension of payment of Principal, Dilightful can immediately claim all debts and Principal’s obligations towards Dilightful.
6. Payments from Principal will first settle the interests and costs due and secondly the invoices due, starting with the oldest invoice, even if the Principal states his payment refers to a more recent invoice.
7. If Dilightful is requested to perform a more than usual effort to execute the Contract, Dilightful can demand payment or a deposit, equal to this amount, before start of the activities.
Article 15. Collecting charges
1. In case Dilightful decides to start a legal collection procedure, because of nonpayment of one or more invoices Principal must pay, besides the principal amount of the invoice(s) and interest, also all reasonable judicial and extrajudicial costs, among which costs of debt collecting agencies, costs and fees of bailiffs, lawyers, even if these will exceed the adjudication for costs of a suit. The compensation for judicial and extrajudicial costs amounts at least to 15% of the principal invoice amount due or the maximum amount due, based on legislation.
Article 16. Liability
1. Dilightful is obliged to meet her obligations on account of the agreement as yet, in case of accountable failure.
2. Except provisions of compelling law, Dilightful’s liability is always limited to the invoice amount Principal is due to Dilightful in consideration of the Assignment.
3. Dilightful is not obliged to compensate any indirect damage of any nature, suffered by Principal. Dilightful is not liable for actions of Principal resulting in damage to Principal or third parties. By signing this agreement, Principal declares to accept full responsibility for above or similar actions.
4. In contravention of Art. 16.2, in case of an Assignment with a duration of over six months, liability is only limited to the invoice amount due over the last 6 months, with a maximum of €5.000,-.
5. Dilightful is not liable for damage Principal and/or Client may suffer, of any nature, in case Dilightful used incorrect or incomplete data, provided by Principal, unless these incorrect or incomplete data was so obvious Dilightful could or should easily note this.
6. Dilightful will exercise the greatest care in selecting third parties, like counselors, professionals or service companies, who are not employed at Dilightful. Dilightful is not liable for eventual mistakes or failures towards Principal and/or Client. In such case Principal must directly hold this third party liable and recover eventual damage from this third party.
7. Dilightful or third parties, Dilightful involves or has already involved in the coaching of the Client, will not give, or use means, methods and techniques or instructions or have situations arisen, which may limit or negatively influence Client in perceiving, analyzing and judging threatening injury for Client in whatever way. If Client may sustain injury, Dilightful nor involved or to be involved third parties are liable in no way, as long as the damage is demonstrably not directly imputed to Dilightful.
8. Dilightful is always entitled if and insofar possible to compensate or repair the Principal’s damage, if Dilightful can be demonstrably blamed for this damage.
9. If Principal and/or Client did not put any eventual claim towards Dilightful before court within one year from discovering the damage, this claim will be void after one year.
Article 17. Cancellation/termination of the Contract
1. Dilightful is, in deviation of Article 7 and next to Article 14, entitled to terminate the Contract with immediate effect, without legal intervention, by means of a registered written notice to Principal, if Principal remains in default in settling Dilightful invoice within 14 days after written reminder, or if any obligation, deriving from this Contract, is not or not sufficiently met by Principal within 14 days after a written reminder.
2. Both Principal and Dilightful can terminate the Contract with immediate effect, by means of a registered letter, if the other party is in suspension of payment or is declared bankrupt.
3. Dilightful is entitled to cancel without reasons given the coaching, advisory and/or support track or refuse Principal or Client’s participation to a workshop and/or training, in which case Principal is entitled to receive a refund of the amount paid to Dilightful, under deduction of a reimbursement for any services rendered by Dilightful, until the date of cancellation.
4. Principal is entitled to timely cancel his participation to, or an Assignment for, the coaching, advisory and/or support track or workshop and/or training, by means of a registered letter (under consideration of art. 17. 5.), in which case Principal is entitled to receive a refund of the amount already paid to Dilightful, unless it is explicitly agreed upon in writing that refund of the amount is not possible.
5. If the Principal cancels the coaching, advisory and/or support track or the workshop and/or training within 5 working days before start of the activity in question, Principal has to pay 100% of the costs for the cancelled hours or of the principal amount agreed. In case of cancellation in more than 5 working days, Principal owes 50% of the costs of the cancelled hours or of the principal amount agreed, or a reasonable compensation for the costs Dilightful already made, depending which amount is higher.
6. If Principal or Principal’s Client terminates the coaching, advisory and/or support track or the workshop and/or training between times, or does not properly participate in these activities, Principal will not have any right to receive a refund of prepaid amounts. Principal must pay in full for all services Dilightful already delivered, but Principal did not pay yet.
7. A private/individual support- or coaching meeting can be cancelled or postponed at no charge up to 48 hours before the appointment. If the appointment is cancelled or postponed within 48 hours, Dilightful is entitled to charge the full amount of this meeting. Missed appointments will be fully charged.
8. Principal is due 100% of the total agreed principal amount if he will not make use of the agreed services of Dilightful during the duration of the Contract.
Article 18. Personal data
1. By concluding a Contract with Dilightful, Dilightful gets permission to automated process all personal data as stated in the Contract. Dilightful will only use these data for her own activities
Article 19. Applicable law
1. On each Contract between Dilightful and Principal, Dutch law is applicable.
Article 20. Modification of conditions
1. Dilightful can modify these conditions with a simple announcement to Principal. Principal can protest within 10 days after this announcement. If not, the modified conditions come into force as per date of announcement and apply to all new and current Contracts; insofar these current Contracts are executed after the date of announcement.
