General
- All our offers, agreements and the execution thereof are exclusively governed by these conditions. Deviations can only be agreed by us in writing.
- Services: the services to which Tokeneke BV has committed, such as goods and / or services and / or advice, which have been delivered or made available by Tokeneke BV to the Client, or which are intended to be delivered or made available by Tokeneke BV to the Client, inter alia under an agreement of purchase and / or assignment, as well as the work that Tokeneke BV performs and / or will perform for the Client, or is intended to perform.
- The Client: the natural person or legal entity who has indicated verbally, in writing or otherwise, that he wishes to make use of the Services offered by Tokeneke BV, whether or not in the form of a continuing contract.
- Our Terms and Conditions will prevail the Client’s Terms at all times, unless we have confirmed otherwise in writing.
Offers and quotations
- All offers made by us, in whatever form, are without obligation, unless explicitly stated otherwise.
- Sending us offers and/or (other) documentation does not oblige us to accept. Non-acceptance will be notified by us to the other party as soon as possible, but in any case within 14 working days.
Enrollment and 'Open' Courses
- Registrations are only deemed to have been accepted by us if we have sent a written confirmation.
- If the number of registration-limit for an open-course is exceeded, the date of receipt of the registration / registration form will be used by us as a selection criterion. The non-admitted prospective student will be informed of this as soon as possible.
- Reservations are valid for only one week and expire after the expiry of that period.
- Courses of Tokeneke BV will only take place with sufficient participation. In case of insufficient participation – at our sole discretion – we can cancel the course. In this case, the other party will be notified at least one week before the supposed start of the course and the course fee already paid will be refunded.
Transfer Open Courses
- A student is allowed to be replaced, provided that we are notified of this in writing no later than 14 days before the start of the course and that your replacement has also been approved by the faculty.
- Change of course date by the student / client is only possible if this is notified to us in writing four weeks before the planned date. We are entitled to charge € 195 administration costs to the other party.
- In the event of illness, the student can be transferred to an identical, later course, provided that the illness is confirmed in writing by the attending physician or the personnel department of the other party no later than 3 days after the original course date. Accommodation costs incurred for Masterclasses, however, remain payable.
Services
- Tokeneke BV will carefully try to provide the services. Services provided by Tokeneke BV expressly address only the Client of Tokeneke BV and not to third parties involved with the Client. However, Tokeneke BV does not guarantee the achievement of the result intended by the Client.
- Tokeneke BV does not guarantee the suitability of the use of the Services by the Client, except insofar as this has been expressly agreed in the agreement.
- The Client is obliged to provide all data and information required by Tokeneke BV. In addition, the Client is obliged to provide Tokeneke BV with all other facts and circumstances that may be important for the correct execution of the agreement.
- Tokeneke BV is authorized to charge costs if the client requests adjustment to the program during the course of the program.
Cancellation
- Cancellation of a course place must be made by registered letter.
- The costs associated with cancellation are: up to 4 weeks before the start of the course: the costs for accommodation are stated in the relevant training. If no accommodation costs are mentioned, the cancellation costs are € 195. Within 4 weeks before the start of the course or after the start thereof: the full course fee and the costs for the accommodation.
- Cancellation regulation of in-company workshops, webinars and courses:
(1) If canceled up to 2 months before the execution date of the course, any out-of-pocket costs will be charged.
(2) In the event of cancellation one month before the execution date, the Client does not owe any other costs.
(3) In case of cancellation within four weeks of a workshop or course, in addition to the out of pocket costs, all of the agreed upon costs are payable by the client.
(4) In case of cancellation during the assignment, due to circumstances that have nothing to do with the performance of Tokeneke BV, the client owes the full amount agreed to.
Liability and Force Majeure
- We exclude any liability, insofar as this is not regulated by law.
- If, as a result of force majeure, we have to deviate from the agreed course date and / or time, we cannot be held liable for any damage resulting from this, such as travel costs and hours not worked. Force majeure is taken to mean here: any circumstance that is independent of our will or unforeseeable circumstance, as a result of which we deem it necessary to deviate from the date, dates or time, such as the absence of teachers or presenters due to illness.
- Tokeneke BV is not obliged to comply with any obligation if it is wholly or partially prevented or hindered to do so, whether or not temporarily, as a result of force majeure, being a circumstance that is not due to its culpable fault. This also includes a non-culpable shortcoming as referred to in the previous sentence by suppliers of Tokeneke BV and / or third parties that Tokeneke BV engages for the execution of the agreement, as well as a strike, excessive absenteeism of staff, transport difficulties, fire, government measures, including in any case import and export prohibitions, quotas and business disruptions at Tokeneke BV or its suppliers, involuntary disruptions or obstacles that make the execution of the agreement more expensive and / or more objectionable, such as storm damage and / or other natural disasters and pandemics, as well as attributable non-compliance by its suppliers, as a result of which it can no longer fulfill its obligations to the other party.
- In the event of force majeure on the part of Tokeneke BV, its obligations will be suspended. When the force majeure situation of Tokeneke BV has lasted longer than ninety days, the parties have the right to terminate the agreement by written dissolution. What has already been performed under the agreement will be settled proportionately, without the parties owing each other anything.
Duration and Cancellation
- If the agreement relates to the periodic or otherwise regular provision of Services by Tokeneke BV to the Client, the agreement will be entered into for one year, unless the parties explicitly agree on a different duration.
- An agreement between Tokeneke BV and the Client, which has been entered into for a definite period, will always be tacitly renewed for a period of one year, unless one of the parties terminates the agreement in writing, with due observance of a notice period of three calendar months prior to the end of the ( extended) contract term.
- Tokeneke BV has the right to prematurely terminate an assignment agreement with due observance of a shorter notice period, subject to a proportional reduction of the price owed by the Client, insofar as this relates to the period after the date on which the cancellation was made.
- Parties will never be obliged to pay any compensation due to this contractual cancellation.
Complaints
- Any complaints will only be handled by us if they have reached us in writing directly within 14 days after delivery of the relevant performance, with an accurate statement of the nature and basis of the complaints.
- Complaints about invoices must also be submitted in writing within 21 days of the invoice date.
- Complaints will no longer be processed after these terms have expired.
- Tokeneke BV will respond to any complaint within 4 weeksafter receiving it and will treat the complaint confidentially at all times.
- The complaint will be processed within 8 weeks. If a longer time will be required to conduct research, the person or organisation complaining must be notified before the expiry date, explaining the postponement; in addition, an indication must be given when it is expected that a definite answer can be given.
- If the complaint is found to be well-founded by us, we are only obliged to still deliver the agreed upon performance.
- If Tokeneke BV and the petitioner do not come to an agreement now, the complaint will be transferred to an independent mediator. The judgment of this mediator will be binding, any consequences that may arise from this will be dealt with quickly by Tokeneke BV.
Payment
- Unless otherwise agreed in writing, payment of the course fees must be in our possession no later than 5 working days before the start of the course, stating the invoice number, the course name and the course date. The value day indicated on our bank statement is decisive and is therefore regarded as the day of payment.
- If timely payment has not been made, the student can be refused access to the course, unless the due amount is still paid in cash.
- All payments made by the other party primarily serve to settle any interest and collection costs incurred by us and subsequently to settle the oldest outstanding invoices.
- In the event that the other party: a. Is declared bankrupt, enters into bankruptcy, submits a petition for suspension of payment, or an attachment is levied on all or part of its properties, b. dies or is placed under guardianship c. fails to pay an invoice amount or a part thereof within the stipulated period, d. we proceed to strike or transfer its business or an important part thereof, including the transfer of its business to a company to be established or already existing, or to change the purpose of its business, we have only taken one of the circumstances reported to claim the right, either to dissolve the agreement, or to pay any amount owed by the other party on the basis of the services provided by us, in full and without any warning or notice of default being required, all without prejudice to our right on compensation of costs, damage and interest.
Interest and Costs
- If payment has not been made in the agreed upon manner, the other party will be in default by operation of law and will from that moment owe interest of 1% per (part of a) month on the outstanding amount.
- All judicial and extrajudicial costs to be incurred will be borne by the other party ( Client ). The legal costs also include all actual costs of legal assistance incurred during legal proceedings, which exceed the liquidation rate.
The extrajudicial collection costs amount to at least 15% of the amount owed by the other party, including the aforementioned interest.
Applicable law
Registration
- By signing the agreement, the Client unambiguously grants Tokeneke BV permission, insofar as this is legally required, for automatic processing of personal data provided by the Client. Tokeneke BV will then take the necessary measures to ensure that these personal data – given the purposes for which they are collected and processed – are correct and accurate and that the Client guarantees proper and careful processing of its personal data. Tokeneke BV will only process the personal data for its own marketing activities and / or commercial purposes, as well as for the marketing activities and / or commercial purposes of third parties who provide services for Tokeneke BV or work together with Tokeneke BV. The Client may object to Tokeneke BV’s objection at any time, free of charge, against the processing of its data for third parties with a view to recruitment for commercial and / or charitable purposes. In the event of objection, Tokeneke BV will take measures to immediately terminate this form of processing.
- At cost, Tokeneke BV is prepared, at the Client’s request, to inform the Client of what it has included in the file with regard to the Client. A request for information as referred to in the previous sentence can only be made by the Client himself (or his director, if the Client is a legal person) and not by a proxy.
Disputes
Special provisions regarding purchase and delivery agreement
Pricing
- Unless otherwise stated, our prices are: -based on delivery from our company, warehouse or other warehouse, -excluding VAT, import duties, other taxes, levies and duties.
- In the event of an increase in one or more of the cost price factors, we are entitled to increase the order price accordingly; all this with due observance of any existing legal regulations, on the understanding that already known future price increases must be stated in the order confirmation.
Transport / risk
- The method of transport, shipping, packaging and the like will be determined by us as a good family man / merchant if no further instructions have been given to us by the other party. Unless otherwise agreed, the other party assumes all risk in this, including the fault / negligence of the carrier.
- Any specific wishes of the other party regarding the transport / shipment will only be carried out if the other party has stated that it will bear the additional costs thereof.
Retention of ownership
In the event of a moratorium, bankruptcy, suspension of payment, liquidation of the other party, or death if the other party is a natural person, we are entitled to cancel the order in whole or in part without notice of default or judicial intervention and the unpaid part of the delivered goods. to recover. Cancellation and return do not affect our right to compensation for loss or damage. In these cases, any claim from us against the other party will be immediately due and payable.
Payment
Dissolution of agreement
Preface
Who is Tokeneke BV?
Onze Mindbugstesten worden beheerd door Direction Briefings for Business Leaders Europe BV ( Direction ). Direction is ten aanzien van de verwerking van jouw persoonsgegevens van de Mindbugstesten door Tokeneke BV de verwerkingsverantwoordelijke.
Esther Mollema is DGA van Direction en Tokeneke BV.
How does Tokeneke BV use your data?
Services, customer management and financial administration
| Goal: | Financial administration |
| Data: | Organisation name, address, mail address, banking information, Dutch Chamber of Commerce number, VAT number and name and gender of contactperson |
| Basis: | Rendering our services |
| Retention period: | As long as needed for this goal and legally obliged |
| Goal: | Rendering our services |
| Data: | Name of organisation, address(es), e-mail address, phone number(s), payment data, PO numbers, VAT number, Client number and name and gender of contact person |
| Basis: | Rendering our services |
| Retention period: | As long as needed for this goal |
| Goal: | Settlement of claims |
| Data: | Name of organisation, address(es), e-mail address, phone number(s), payment data, PO numbers, VAT number, Client number and name and gender of compliant, complaint |
| Basis: | Uitvoering van de overeenkomst |
| Retention period: | As long as need for this goal |
| Goal: | Invoicing |
| Same as Financial Administration | |
| Other: | Our tests Mindbugs tests are developed together with DataIM (https://www.dataim.nl/ Kwaliteit/#softwarekenservice). Data received while using this software is stored on the secure servers of DataIM. If the survey requests to also enter personal data (such as email address, first name / last name, telephone number, etc.), the data obtained with the Mindbugs tests within six months after processing and delivery of the report will be anonymized. The participant is responsible for saving the reports. After this six-month period, it can no longer be extracted from the software by us, so that comparisons are no longer possible. |
| More information about our Privacy policy is available upon request | |
Marketing
Goal
| Goal: | Direct marketing |
| Data: | Name, address, e-mail address, phone number, gender of contact person, subject of interest are stored in secure data bases of MailerLite (https://www.mailerlite.com/privacy-policy). Tokeneke BV uses double opt-in data. |
| Basis: | Justiefied interest |
| Other goal: | Commercial |
| Retention Period: | As long as needed for this goal |
Website
| Goal: | Website analytics (via Google Analytics) |
| Data: | The cookie settings on our websites are ‘çookies permitted’ to offer you the best internet surfing experience. Google Analytics cookies are being used but are set to work privacy sensitively. |
| Basis: | Justified use |
| Interest: | User interest based on permission |
| Retention period: | As long as needed for this goal |
Research and Devopement
| Goal: | Research |
| Data: | Data about behavior |
| Basis: | justified interest |
| Research for writing articles or books. Usage of data only on basis of permission. | |
| retention period: | As long as needed for this goal |
How do we get your personal data?
What are your rights?
Access to your data
You can always view your own (personal) data and change it in your account if necessary. If you want to see the personal data that has been stored about you at Tokeneke BV, you can request access.
Modify
If you want to make changes to the personal data that you have seen as a result of a request for inspection and that you cannot change in your account yourself, you can request this from Tokeneke BV. You can request that Tokeneke BV changes, corrects, supplements, deletes or shields your data.
Restricted processing
You also have the right, under certain conditions, to request Tokeneke BV to restrict the processing of your personal data.
Right to object
If a certain processing takes place on the basis of the “legitimate interest” of Tokeneke BV or a third party, you have the right to object to that processing.
Data transfer
You have the right to obtain your personal data from Tokeneke BV. Tokeneke BV will provide this in a structured and common form, which can easily be opened in other common digital systems. This way you can also transfer your data to another provider.
Revoke consent
In all cases where the basis for a certain data processing is your consent, you have the right to withdraw that consent. This has no consequences for the past, but does mean that we may no longer process that data. It may be that Tokeneke BV can no longer provide you with certain services.
Response by Tokeneke BV
A request can be sent to robert@tokeneke.com. Tokeneke BV will grant your request as soon as possible and in any case no later than one (1) month after Tokeneke BV has received such a request. If Tokeneke BV rejects your request, we will indicate in our answer why the request was rejected.
Recipients of personal data
- Processors: Direction Briefings for Business Leaders Europe BV (www.dir.nl) and DataIM (https://www.dataim.nl/uality/#softwarekuality) for the execution of our Mindbug test, MailerLite (https: //www.mailerlite .com / privacy-policy) for our newsletters. Snelstart (https://www.snelstart.nl/hubfs/Downloads/Algemeen_voorwaarden/18.001%20-%20BR%20Privacybeleid%20Snelstart_webversie.pdf) for the financial administration. Mollie (https://www.mollie.com/nl/responsible-disclosure) for payment services.
- Parties involved in the execution or performance of an agreement between you and Tokeneke BV are Direction BV and our external trainers and experts.
- It is possible that Direction Europe BV is obliged to provide your data to a third party, for example on the basis of a legal obligation.
What are cookies and how does Tokeneke BV uses these?
Can this Privacy Statement be changed?
What to do with any questions or complains you may have?
Disclaimer of this site
Although the information is derived from reliable sources, Tokeneke BV does not guarantee the correctness and completeness thereof. Although Tokeneke BV takes the utmost care to check the correctness of data used on this site, it cannot accept responsibility for the consequences of any use of incorrect data. All information included on this website (texts, images, offers and prices) are therefore expressly reserved. This information can be changed at any time by Tokeneke BV without further notice. Tokeneke BV cannot give any guarantee with regard to the correctness and completeness of the information on this website and excludes any liability regarding the correctness and completeness of this information. You are responsible for the use of information. Therefore, you cannot derive any rights from the information provided.
It is not allowed to abuse the content of the site. The content of this site and the copyright belongs to Tokeneke BV.
Last updated May 6, 2020.
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