General Terms and Conditions
Lifeworx Academy
General Terms and Conditions Academy
The legal relationship between LIFEWORX GROUP NV, with registered office at Kortrijksesteenweg 88, CBE no. BE0793500679 (hereinafter referred to as LIFEWORX GROUP) and the client is governed by these general terms and conditions, the order form, the invoices and any specific conditions (hereinafter jointly referred to as 'the Agreement'). The Agreement annuls and replaces all written or oral contracts, proposals and commitments relating to the same subject matter that predate the date of this Agreement. The Agreement takes precedence over the general and/or other terms and conditions of the client, even if these stipulate that they alone apply. Deviations from the Agreement are only possible with the prior written consent of LIFEWORX GROUP. LIFEWORX GROUP reserves the right to amend the provisions of the Agreement.
1. Types of Training Courses
1.1. 'Open Training Courses' are training courses in which the client may participate, whether or not simultaneously with other clients. These include, among others, without this list being exhaustive:
'One-off Training Courses' are one-time, classroom-based Open Training Courses.
'Online Training Courses' are Open Training Courses that can be followed digitally.
'Training Formulas' are specific packages or formulas of Open Training Courses (such as, for example, the annual programme called the 'Expert Program', based on pre-purchased credits relating to the training courses offered).
1.2. 'In-company Training Courses' are training courses in which only employees or business relations of the client may participate. Unless otherwise agreed, the client accepts that the Training Courses are standard products that were not created specifically for the client's needs. Consequently, the client accepts that LIFEWORX GROUP provides no guarantee and assumes no responsibility with regard to the ability of the Training Courses to meet the client's specific needs. LIFEWORX GROUP takes all reasonable measures to provide the client with information that is as complete and accurate as possible, however without any guarantee in this respect.
Open Training Courses and In-company Training Courses are hereinafter jointly referred to as the “Training Courses” and each individually as a “Training Course”.
2. Open Training Courses
2.1. Registration
Every registration for an Open Training Course by the client must be made electronically or in writing. Telephone registrations are not accepted. The Agreement between LIFEWORX GROUP and the client is only concluded after written or electronic confirmation of the client's registration by LIFEWORX GROUP. After this confirmation, LIFEWORX GROUP will send an invoice.
2.2. Payment Terms
Unless otherwise stipulated, all invoices are payable in cash. For Open Training Courses, the amount of any invoice not paid by the start of the Training Course shall, by operation of law and without prior notice of default, be increased by interest equal to 1% per month, whereby each month commenced is considered to have elapsed, and by fixed compensation of 15% of the amount of the outstanding invoices, with a minimum of € 25.00. LIFEWORX GROUP reserves the right at all times to apply the principle of advance invoicing for all Training Formulas at the sales price applicable at that time.
Any discounts granted are not combinable, unless expressly stated otherwise and with the exception of the SME Portfolio (KMO Portefeuille), likewise subject to express mention that the SME Portfolio is applicable.
2.3. Duration and Cancellation
If the client is unable to attend an Open Training Course, the client may, unless otherwise stipulated, always be replaced by another person. The client may, unless otherwise stipulated, cancel their participation in an Open Training Course free of charge or opt to participate in another session of the same Open Training Course, provided this is sent in writing no later than 15 calendar days before the start of the Open Training Course. Thereafter, the full price of the Open Training Course is due. If the client cancels the registration after it has been modified by LIFEWORX GROUP at the client's request, the full price of the Open Training Course is due. LIFEWORX GROUP reserves the right to charge an administrative fee for all changes made at the client's request.
The duration of a Training Formula is automatically renewed for successive periods equal to the initially agreed period, unless the client gives written notice of termination to LIFEWORX GROUP no later than 1 month before the expiry date of the Training Formula. Any cancellation of the order of a Training Formula by the client must be made in writing within 15 calendar days of the order date and must be accepted by LIFEWORX GROUP. The order of a Training Formula can only be cancelled if, at the time of cancellation, the Training Formula has not yet been put into use. In the event of cancellation of the order of a Training Formula, the client owes fixed compensation of 15% of the value of the cancelled order. If the client wishes to cancel their registration for a specific training course within the Training Formula, the rules regarding cancellation of that specific training course apply. Personal Training Formulas purchased are personal and individual and cannot be transferred to another person. In such cases, the client also cannot be replaced by another person for their participation.
2.4. Recordings of Online Training Courses
Registration for a Recording of an Online Training Course cannot be cancelled. This registration is personal and individual and cannot be transferred to another person. In such cases, the client also cannot be replaced by another person for their participation.
3. In-company Training Courses
3.1. Registration
For In-company Training Courses, the Agreement between LIFEWORX GROUP and the client is only concluded after the signing of a specific contract. For the amount payable stated in the contract, the client will receive an invoice at the end of the month in which the In-company Training Course took place. For In-company Training Courses spread over a longer period, the number of days performed is invoiced monthly.
3.2. Organisation
For In-company Training Courses, a proposal is made to the client based on the information available to LIFEWORX GROUP up to that point. The client guarantees to LIFEWORX GROUP that this information, necessary for developing and delivering the In-company Training Course, is complete and accurate. LIFEWORX GROUP delivers the In-company Training Courses from an independent position and adheres to the programme developed on the basis of consultation between LIFEWORX GROUP and the client. The client provides LIFEWORX GROUP in good time with all documents and data that LIFEWORX GROUP needs in order to deliver the In-company Training Course according to the agreed schedule. During the scheduled training days, the client's employees participating in the In-company Training Course must be fully available. The client's employees participating in the In-company Training Course must be given the opportunity to carry out assignments relating to the In-company Training Course during working hours. The client shall only involve third parties in the In-company Training Course after approval by LIFEWORX GROUP.
3.3. Payment Terms
Unless otherwise stipulated, all invoices are payable in cash. For In-company Training Courses, the amount of any invoice not paid within 14 days of the invoice date shall, by operation of law and without prior notice of default, be increased by interest equal to 1% per month, whereby each month commenced is considered to have elapsed, and by fixed compensation of 15% of the amount of the outstanding invoices, with a minimum of € 25.00.
3.4. Cancellation
The following arrangements apply to In-company Training Courses. The client may cancel free of charge up to 5 weeks before the start of the In-company Training Course. In the event of cancellation between 5 and 2 weeks before the start of the In-company Training Course, the client pays 50% of the amount stated in the contract. In the event of cancellation less than 2 weeks before the start of the In-company Training Course, the full amount stated in the contract remains due. In the event of cancellation less than 5 weeks before the start of the In-company Training Course, the client also pays all costs already incurred by LIFEWORX GROUP in preparing the In-company Training Course (e.g. the trainer's preparation time, room reservation costs, etc.).
The client may reschedule the planned Training Days of an In-company Training Course free of charge up to 5 weeks before the start of the planned Training Days. When rescheduling the planned Training Days of an In-company Training Course between 5 and 2 weeks before the start of the planned Training Days, the client pays, in addition to the agreed daily training fee, additional cost compensation equal to 25% of the daily training fee. If the client reschedules the planned Training Days of an In-company Training Course less than 2 weeks before the start of the planned Training Days, the client pays, in addition to the agreed daily training fee, additional cost compensation equal to 50% of the daily training fee. When rescheduling the planned Training Days of an In-company Training Course less than 5 weeks before the start of the planned Training Days, the client also pays all costs already incurred by LIFEWORX GROUP for room reservations relating to this In-company Training Course. Furthermore, the new date of the In-company Training Course agreed between LIFEWORX GROUP and the client must fall within 6 months of the originally agreed date. Rescheduling of the planned Training Days of an In-company Training Course is permitted once; in the event of a second rescheduling, the conditions relating to the cancellation of an In-company Training Course, as described above, apply.
3.5. Recordings of In-company Training Courses
It is expressly prohibited to make audio or video recordings or any other form of recordings of our training courses, courses, workshops, or any other educational activities offered by LIFEWORX GROUP, without the prior written consent of LIFEWORX GROUP. Any unauthorised recording is strictly prohibited and will lead to legal action, including but not limited to claiming damages and initiating legal proceedings.
4. Commercial documents and offers from LIFEWORX GROUP do not create any obligations on the part of LIFEWORX GROUP.
5. All prices of LIFEWORX GROUP are (unless stated otherwise) exclusive of VAT. The applicable prices are those in effect at the time the Agreement between LIFEWORX GROUP and the client is concluded.
6. LIFEWORX GROUP is entitled to charge the costs of notices of default and reminders. Insofar as the client fails to settle one or more outstanding claims towards LIFEWORX GROUP, LIFEWORX GROUP may suspend all participation by the client in Open Training Courses and/or the further performance of In-company Training Courses until all outstanding invoices, including the added compensation and default interest, have been settled.
7. LIFEWORX GROUP reserves the right to change prices during the term of the Agreement. LIFEWORX GROUP also reserves the right to change the invoicing periodicity, to switch from delivery-based invoicing (= invoice per item sent) to time-based invoicing (= invoice for a specific period) or vice versa, to apply the principle of grouped invoicing (= invoicing of several Agreements by means of one invoice) and, in general, to change the invoicing method. Any deviation from the invoicing periodicity determined by LIFEWORX GROUP must be requested by the client in writing and is only permitted after the express consent of LIFEWORX GROUP. Such deviation may give rise to an additional charge per invoice to be issued.
8. LIFEWORX GROUP has the right to set off claims against the client against any claims of the client against LIFEWORX GROUP.
9. LIFEWORX GROUP will take all reasonable measures to ensure that the ordered Training Courses take place. Due to unforeseen or unavoidable circumstances (e.g. because no legislative changes have occurred with regard to recent developments, illness, telecommunication problems, business disruption, shortcomings on the part of suppliers and instructors of LIFEWORX GROUP), LIFEWORX GROUP may cancel the Training Courses or change their content, date(s), location or delivery method (classroom/online). Apart from cases of force majeure, LIFEWORX GROUP has the right to cancel a scheduled training course that has not yet started or to move it to another date and/or venue, without being held liable for this and without any right to compensation on the part of the client. In all these cases, the client may cancel their Training Course or opt to participate in a subsequent session of the cancelled or modified Training Course. In the event of cancellation for the above-mentioned reasons, any invoices already paid by the client will be refunded upon request, without interest or other compensation. LIFEWORX GROUP has the right to change the trainer(s) if LIFEWORX GROUP considers this necessary for the delivery and quality of the Training Course.
10. Except for the explicit commitments entered into by LIFEWORX GROUP under the Agreement, the liability of LIFEWORX GROUP is limited to the liability mandatorily imposed by law. LIFEWORX GROUP is not liable for indirect damage, such as loss of turnover, loss of profit or any increase in general costs. Nor is LIFEWORX GROUP liable for any damage resulting from the client's failure to comply with this Agreement, nor is LIFEWORX GROUP liable for defects caused directly or indirectly by an act of the client or of a third party, regardless of whether these are caused by fault or negligence. If the liability of LIFEWORX GROUP is upheld, LIFEWORX GROUP is only obliged to replace the Training Course and, if this is not possible, to refund the price.
11. The Court of First Instance of East Flanders, the Business Court of Ghent and the Justice of the Peace of the second canton of Ghent have exclusive jurisdiction over any dispute relating to this Agreement, and LIFEWORX GROUP may only be summoned before these courts. The Agreement is governed by Belgian law.
12. Except for the statutory exceptions, the content and documentation of a Training Course may not, in whole or in part, be reproduced, translated, adapted or stored in any form or by any means, nor may the content and documentation of a Training Course, in whole or in part, be communicated or transmitted to the public in any form or by any means (such as, but not limited to, electronic and mechanical means) without the prior written consent of the rights holder or LIFEWORX GROUP.
13. The client shall not, without the prior consent of LIFEWORX GROUP, make any communications to third parties regarding the approach, working methods, case studies used and the like.
14. The data provided by the client will be included in the database of LIFEWORX GROUP. These data will be used for the purpose of conducting information or promotional campaigns in connection with the training courses offered by LIFEWORX GROUP and/or promotional campaigns within the framework of the contractual relationship between the client and LIFEWORX GROUP. With the express consent of the client, the client's contact details may also be transferred by LIFEWORX GROUP to third parties (business partners and subsidiaries) for direct marketing purposes. Without express consent, the data will not be used or transferred for these purposes. Within the framework of the contractual relationship between the client and LIFEWORX GROUP, the client's data will be processed exclusively by LIFEWORX GROUP and the processors appointed by it, with whom the necessary contractual arrangements have been made. LIFEWORX GROUP will not store the data outside the European Economic Area without informing the client in advance, in particular regarding the appropriate safeguards concerning the transfer, and, where necessary, obtaining the client's consent for this. Accordingly, the following personal data may be shared by LIFEWORX GROUP (in the form of a participant list) with the trainer and other participants of the specific training course for which the client has registered: surname, first name, job title and company name. In addition, LIFEWORX GROUP may produce visual material during certain training courses, which may subsequently be used via the communication channels of LIFEWORX GROUP. If the client does not wish to be included in the participant list or does not wish to appear in visual material, they must indicate this upon registration via privacy@lifeworx.group.
15. LIFEWORX GROUP will endeavour to take all reasonable technical and organisational measures to protect and secure the data against accidental or unauthorised destruction, accidental loss, as well as against alteration of or access to, and any other unauthorised processing of, personal data, taking into account the state of the art. Data that are no longer necessary or useful will be deleted. The client may at any time request access to, rectification, erasure or transfer of their data and may object to the use of the data for direct marketing. This request is free of charge, except where a request or a demand for additional copies has already been made by the data subject within a period of six months, in which case LIFEWORX GROUP has the right to charge a reasonable fee based on the administrative costs resulting from the new request. Further information can be found in the Privacy Policy of LIFEWORX GROUP, which can be obtained via this link or by contacting LIFEWORX GROUP, or via the Data Protection Authority, with whom the client always has the right to lodge a complaint.
16. The possible nullity of one of the provisions of the Agreement shall in no way affect the validity of the other clauses, notwithstanding the nullity of the contested clause. The parties will make every effort to replace, by mutual agreement, the null and void clause with a valid clause having the same or substantially the same economic impact as the null and void clause.
17. The failure by LIFEWORX GROUP to enforce a right or to apply a sanction shall in no way constitute a waiver of rights.