THNK terms & conditions

These general terms and conditions govern the relationship between THNK and the Participant, as defined below, with respect to the procedures involving registration and deregistration for all Programs offered by THNK School of Creative Leadership, hereinafter THNK.

1. Definitions

1.1. General Terms and Conditions: these general terms and conditions.

1.2. Registration: the registration process on the Website, through the online checkout, or through another registration form, through which a natural person registers for a Course.

1.3. Agreement: the full agreement between the Participant and THNK, consisting of the Registration, the NDA where applicable, these General Terms and Conditions, the representations on the Website with regard to the Course, and any other agreements between THNK and the Participant.

1.4. Participant: a natural person registering for a Course through the Website.

1.5. Course: the sessions making up the Course, as well as the modules and training courses offered and organized by THNK.

1.6. THNK: THNK Holding B.V., having its registered office at Plantage Middenlaan 45, 1018 DC Amsterdam, The Netherlands and registered in the trade register under number 78441870.

1.7. Investment amount: the Course fees as stated on the Website, applicable for the full length of the Course.

1.8. Intellectual Property Rights: all copyright, trademark rights, copyright in the teaching materials, intellectual property rights resulting from or arising out of a Course and other intellectual property rights, including rights pertaining to databases, information provided by THNK, content of the Website or other products of commercial know how owned by or licensed by any third party to THNK or any of its group companies and relating to or embodied in the products, Courses or any other materials provided by THNK.

1.9. Services: all services provided by THNK for the Participant, including services regarding the organization and delivery of Courses, modules and training courses.

1.10. Website: the website with domain name https://www.thnk.org, the checkout website with domain name https://checkout.thnk.org, and any other online checkout, registration, account, or withdrawal page operated by THNK for the Course.

1.11. EU Consumer: a Participant residing in the European Union who enters into the Agreement as a consumer, meaning for purposes outside that Participant’s trade, business, craft, or profession.

2. Applicability

2.1. These General Terms and Conditions govern the legal relationship between THNK and the Participant. These General Terms and Conditions apply to the relationship between THNK and the Participant, also if the Agreement is no longer in force.

2.2. Upon Registration, the Participant indicates to have read, understood and agreed to be bound by these General Terms and Conditions and all other rights and obligations, including the privacy policy and cookie information as stated on the Website. THNK will make these General Terms and Conditions available to the Participant in such a way that allows them to be stored and inspected in the future.

2.3. THNK reserves the right to amend, add or remove any provision of these General Terms and Conditions at all times. THNK will give timely notice to the Participant of any changes to these General Terms and Conditions.

2.4. The applicability of any general terms and conditions of the Participant is expressly rejected.

2.5. Deviations from or additions to any provision of these General Terms and Conditions shall solely be applicable when explicitly agreed in writing and shall have no general effect. All other remaining provisions shall remain in full force and effect.

2.6. All rights and claims stipulated by THNK in these General Terms and Conditions and in any further agreements are also stipulated for the benefit of its employees and any third parties whose services are engaged by THNK.

2.7. If any one or more of the provisions contained in these General Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these General Terms and Conditions, and these General Terms and Conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in them.

3. Formation of an agreement with regard to the registration for a Course

3.1. An Agreement comes into effect on the date that the Participant receives a notice from THNK confirming the Course.

3.2. The Participant warrants that the information provided upon Registration is complete, accurate, correct and up to date. The Participant is fully responsible for the consequences of any misstated facts.

3.3. In the event of a breach of contract on the part of the Participant, THNK is entitled to terminate the Agreement with the Participant. In such cases, the Participant may also be denied access to the Course and the other facilities.

3.4. By accepting the Registration, THNK takes on a best efforts obligation to provide the Participant with the Course for which the Participant has registered and as described in the Course information.

3.5. For quality improvement purposes and reprogramming purposes, whether mandatory or otherwise, THNK reserves the right to make interim changes to a Course.

3.6. In the event of the unforeseen cancellation of any of the sessions making up the Course, THNK will, if possible within the time frame of the relevant Course curriculum, ensure that an extra session is arranged.

3.7. THNK shall not be liable or obliged to pay compensation of any kind if, for whatever reason, a Participant is prevented from attending any part of the Course.

3.8. Obvious mistakes or errors on the Website do not bind THNK. In the event of a mistake or error, THNK shall inform the Participant as soon as possible.

4. Cancellation, withdrawal and refunds

4.1. Cancellation of enrolment in a Course is governed by the provisions of the Course, the registration form, these General Terms and Conditions, and any mandatory statutory rights that apply to the Participant.

4.2. Notification of cancellation or withdrawal must be sent in writing, by email, by letter, or through the online withdrawal function made available by THNK. For ordinary contractual cancellations, the date of the email, online submission, or postmark on the cancellation letter will be regarded as the date on which notice was given. For statutory withdrawal requests, THNK will assess the request in accordance with applicable mandatory consumer law.

4.3. If the Participant is an EU Consumer and registers for a Course online, the Participant may have a statutory right to withdraw from the Agreement within 14 days from the date on which the Agreement is concluded. For the purposes of this statutory withdrawal right, the Agreement is concluded on the date that the Participant receives confirmation from THNK that the Course registration has been accepted.

4.4. Where the statutory right of withdrawal applies and the Participant withdraws within the 14 day withdrawal period before THNK has started providing the Course or Service, THNK will refund the amount paid without applying the cancellation charges listed in Article 4.8.

4.5. If the Participant expressly requests THNK to start providing the Course or Service before the end of the 14 day withdrawal period, and the Participant later withdraws during that withdrawal period, THNK may charge a proportionate amount for the part of the Course or Service already provided.

4.6. If the Course or Service has been fully performed before the Participant exercises the statutory withdrawal right, the Participant may lose the statutory right of withdrawal where this is permitted by applicable law and where the Participant has given the required prior consent and acknowledgement.

4.7. The statutory withdrawal right does not apply where the Participant is not acting as a consumer, including where the Course is purchased by or on behalf of a company, organization, or other professional client, unless mandatory applicable law provides otherwise.

4.8. Contractual cancellation charges. To the extent that Article 4.3 does not apply, or to the extent that mandatory statutory consumer rights do not provide otherwise, the following cancellation charges apply:

If a Course is cancelled up to 12 weeks before the start of the Course, there will be a charge of 10 percent of the total Investment amount agreed.

If a Course is cancelled 8 to 12 weeks before the start of the Course, there will be a charge of 25 percent of the total Investment amount agreed.

If a Course is cancelled 4 to 8 weeks before the start of the Course, there will be a charge of 50 percent of the total Investment amount agreed.

If a Course is cancelled less than 4 weeks before the start of the Course, there will be a charge of 100 percent of the total Investment amount agreed.

4.9. Cancellation fees mentioned in Article 4.8 will be paid within 4 weeks after cancellation is received in accordance with Article 4.2.

4.10. If the reason for cancellation is due to extraordinary circumstances on the side of the Participant, THNK, at its own discretion, may agree to allow participation in the following Course of the same type.

4.11. Refunds for already paid Investment amounts by Participants will be issued by the same method of payment and on the same credit or debit card as the original payment was made by the Participant, unless THNK and the Participant agree otherwise or applicable law requires otherwise.

4.12. A statutory withdrawal request can be submitted through the online withdrawal function available on the Website under “Withdraw from contract here”, currently available at https://checkout.thnk.org/search?q=contract-withdrawal, or by another clear written statement sent to THNK.

4.13. Nothing in this Article 4 excludes or limits the Participant’s mandatory statutory consumer rights under applicable law. The cancellation charges in Article 4.8 apply only to the extent that they do not conflict with mandatory statutory consumer rights.

5. Set-up and dates of the Course

5.1. THNK reserves the right to change the set-up of the Course as far as place and times are concerned.

5.2. THNK shall have the right to cancel a Course. If a Course is cancelled by THNK, the Participant will be released from the Participant’s obligations and will not be charged any costs, and any relevant invoices already paid by the Participant shall be reimbursed.

6. Payment

6.1. The current Investment amount for the Course will be specified on the Website. The most recent Investment amount always applies and is always available on the Website. Investment amounts for Courses may change from time to time, but changes will not affect any already formalized Registration.

6.2. Access to a Course is provided only to Participants who have paid the Investment amount in full.

6.3. Payment for the Course by the Participant must be made before the first planned session of the Course or before the due date specified on the relevant invoice. In the case of online registration, payment is due immediately in order to complete the Registration.

6.4. If payment fails to be made before the first planned session of the Course or within the term specified on the invoice, the Participant will be in default and in that case owe default interest equal to 1 percent of the original invoice amount per month, for which purpose a part of a month will be regarded as a full month. In addition, the Participant will owe extrajudicial collection costs equal to 15 percent of the original invoice amount.

6.5. If the Participant is in arrears in the payment of the Investment amount, the balance shall be due and payable with immediate effect.

6.6. In the event that the Participant has not fulfilled its payment obligations, THNK has the right to suspend the Agreement or terminate the Agreement until the Participant has fulfilled all payment obligations, including the payment of all interest, extrajudicial costs and other reasonable additional costs incurred by THNK.

7. Intellectual property rights

7.1. All Intellectual Property Rights remain the property of THNK.

7.2. No part of any information provided by THNK via the Website or the Courses may be reproduced, stored in an automated database or disclosed to a third party in any form or in any way whatsoever, be it electronically, mechanically, by means of photocopies, recordings or in any other manner, without the prior written permission of THNK.

7.3. The Participant shall use such Intellectual Property Rights only within the scope and for the purpose of the Courses and shall not make any reproductions, changes, additions, improvements, alterations, analyses, reverse engineering or modifications or disclose such Intellectual Property Rights to any third parties.

8. Confidentiality

8.1. Confidential Information, as defined in Article 8.2, may not be shared with third parties with the exception of the receiving party’s personnel, including employees, agents and subcontractors, on a need to know basis in connection with the Agreement, so long as such personnel have agreed in writing to treat such Confidential Information with the same level of confidentiality as provided for in these General Terms and Conditions.

8.2. Confidential Information shall mean invention descriptions, technical and business information relating to proprietary ideas and inventions, ideas, patentable ideas, trade secrets, drawings and illustrations, patent searches, existing and contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as Confidential Information at the time of its disclosure.

9. Liability

9.1. THNK shall have a best efforts obligation in the performance of the Agreement.

9.2. THNK shall not be in default until after the Participant has sent written notice of default to THNK by registered letter.

9.3. THNK shall not be liable for any type of losses or damages, such as personal injury, immaterial damage, consequential damage, lost profits, loss of income, business interruption or loss of data, unless such losses or damages are the result of fault or negligence on the part of THNK.

9.4. Notwithstanding any provisions in this Article 9, liability on the part of THNK shall always be limited to the amount paid out by its professional liability insurance in the relevant instance. To the extent that THNK’s liability insurance does not provide cover, THNK may be held liable only for the direct, purely financial loss suffered by the Participant and third parties, maximized to the Investment amount. The only exception to this maximum liability is in case of intent, opzet, or gross negligence, bewuste roekeloosheid, of THNK.

9.5. THNK shall not be liable for any damage caused by third parties whose services are engaged by THNK.

9.6. THNK shall not be liable for any damage caused by the use of the Website and the information and products available through websites of third parties referred to by links on the Website except if there is intent or gross negligence on the part of THNK.

9.7. Any claims against THNK must be addressed to THNK by the Participant in writing within one year after the cause of the damage has occurred or the Participant has learned of the damage.

9.8. The Participant indemnifies THNK and holds THNK harmless from and against any claims from third parties against THNK on whatever grounds, resulting from any acts or omissions on the part of the Participant.

10. Complaints procedure

10.1. Participants having a serious and substantiated complaint about, for example, the content or the organization of teaching may communicate this to the management in writing, by letter or email, within 14 days after receiving the session or sessions of the Course.

10.2. Complainants will receive a reply within 2 weeks. In the event that an answer or solution cannot be issued within 2 weeks following receipt of the complaint, THNK will, within that period, notify the person or persons against whom the complaint has been made and the complainant in writing of the reason or reasons for the delay and the period within which the answer or solution will be issued.

10.3. Complaints are always treated confidentially.

10.4. Complaints are registered for at least 2 years.

10.5. If a complaint is justified, THNK shall have the opportunity to properly execute the Agreement, meaning the replacement of the Product. In the event that it is no longer possible to execute the Agreement according to objective standards, THNK shall refund to the Participant the Investment amount or, in the event of a partly justified complaint, the value of the sessions regarding the complaint.

11. Website and newsletter

11.1. THNK has taken all measures reasonably possible to ensure that the data transmitted and obtained through the Website are protected against unauthorized use.

11.2. THNK complies strictly with GDPR guidelines related to the processing of personal data.

12. Privacy

12.1. The Participant is aware that by using the Website, the Participant provides certain data to THNK, for example, name, address, bank details and email address.

12.2. THNK shall treat all data from the Participant in conformity with privacy legislation.

12.3. THNK will record the data of the Participant for the acceptance and performance of the Agreement, for processing payments, cancellations, complaints and withdrawal requests, and for customer relationship management purposes. THNK may also use these data for the purpose of informing the Participant about offers and other Services provided by THNK. If the Participant does not wish to receive such information, the Participant may inform THNK to that effect by means of the Website or by email.

12.4. The Participant has the right to inspect the data and to correct these.

12.5. THNK has a separate Privacy Policy, which provides more details and is an integral part of the Agreement. By agreeing to these General Terms and Conditions, the Participant agrees to the Privacy Policy applied by THNK, as shown on the Website.

13. Force majeure

13.1. The term force majeure means any circumstance on the basis of which any further fulfillment of the Agreement by THNK cannot reasonably be required. This includes in any event, but not exclusively, data loss as a result of computer breakdown, virus infection or hacking by third parties, strike or lockout, illness of personnel, non performance or untimely performance by THNK’s suppliers, natural disasters, nuclear disasters, war, danger of war, negligence of THNK except for willfulness or gross negligence, and other circumstances which are beyond THNK’s reasonable control.

13.2. In the event that THNK is prevented by force majeure from fully or partially performing the Services, THNK will be entitled to suspend the performance of the Services or to consider the Agreement as wholly or partially dissolved without any judicial intervention being required, all this at its discretion, without THNK being obliged to compensate any loss suffered by the Participant.

13.3. In the event the force majeure takes place when THNK has already partly fulfilled its obligations towards the Participant that arise from the Agreement and has already partly carried out Services, and independent value accrues to the Services already performed, THNK will be entitled to invoice the respective Services separately. In this case, the Participant will be obliged to pay the respective invoice of THNK.

14. General provisions

14.1. If THNK at any given moment does not demand performance of one or more provisions in the Agreement, this does not mean that THNK has waived their applicability, nor does it indicate that the Participant is entitled not to perform one or more provisions in the Agreement.

14.2. The voidness, voidability or other non enforceability of any of the provisions of the Agreement shall not affect the legal effect of the remaining provisions of the Agreement. If a provision of the Agreement should prove to be void, voidable or otherwise non enforceable, THNK will within a reasonable term provide for a new provision whose legal effect will approach THNK’s original intention as closely as possible.

14.3. Email messages transmitted by THNK are regarded as having been received within 24 hours from having been sent to the email address stated by the Participant.

15. Governing law, competent court

15.1. The Agreement including these General Terms and Conditions and the legal relationship between the Participant and THNK are governed by Dutch law.

15.2. Any disputes which cannot be resolved amicably shall be submitted to the district court of Amsterdam.