Terms and Conditions
Last updated: 11/1/2024
In these general terms and conditions, we have laid down your and our rights and obligations. If you participate or wish to participate in one of our services and you have a question or problem that cannot be found in the following terms and conditions, please contact us so that we can find a solution together.
ARTICLE 1 – IDENTITY OF THE COMPANY AND CONTACT DETAILS
1.1 Company details:
Company Name: Jane Omorogbe
Company form: Comm V
Trade Name: Jane Omorogbe Health Coach
Company number: BE 0827 453 649
VAT number: BE 0827 453 649
Register of legal entities in Mechelen
Email: info@janeomorogbe.com
ARTICLE 2 – GENERAL
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2.1 Jane Omorogbe Health Coach includes a Personal Coaching concept and various activities and services offered by Jane Omorogbe, hereinafter referred to as "The Coach" or "Jane Omorogbe Health Coach".
2.2 These general terms and conditions, which form an integral part of the agreement, apply to all services, coaching programs, training sessions, offers, quotations, assignments and agreements between the provider, in particular Jane Omorogbe Health Coach and the client, being the natural or legal person who purchases a product or service or enters into another agreement with the trainer.
2.3 In the event of any conflict between these general terms and conditions and the specific terms and conditions of an agreement concluded between Jane Omorogbe Health Coach and a client, the specific terms and conditions shall prevail.
2.4 By using our services, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use our services.
2.5 Jane Omorogbe Health Coach reserves the right to change, adapt, extend or bring these general terms and conditions into line with new laws and regulations at any time, with the exception of the provisions of article 6 on the rates and payment conditions and article 7 on the duration, extension and dissolution of the agreement. Jane Omorogbe Health Coach does not have to notify the client in advance. Changes will always be published on the website.
2.6 Jane Omorogbe Health Coach reserves the right to amend the provisions of Article 6 on the rates and payment conditions and Article 7 on the duration, extension and dissolution of the agreement. The client will be informed of this at least one month in advance by e-mail. The client has the option of terminating the agreement free of charge by e-mail to the following e-mail address: info@janeomorogbe.com, within one month of notification of the amendment. In the absence of timely termination, the agreement will be continued under the amended conditions.
ARTICLE 3 – COMMENCEMENT OF THE AGREEMENT
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3.1 The agreement and the payment obligation of the client become effective as soon as the client gives his consent on the online check-out page of our payment platform, or grants a written agreement or agreement by e-mail, unless expressly agreed otherwise in writing between the parties. From that moment on, the client enters into a binding agreement. From that moment on, the client is legally obliged to fulfill the payment obligations arising from the chosen Coaching Program, regardless of the duration.
3.2 The client is aware of the fact that he or she enters into the Coaching Program for the agreed duration, which starts from the moment that the customer has given his/her consent in the manner described above in 3.1.
ARTICLE 4 – SERVICES AND MEMBERSHIPS
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4.1 Personal Coaching: Jane Omorogbe Health Coach offers Personal Coaching Program to guide and support you in achieving your health and fitness goals. The Coaching Programs are conducted according to a pre-agreed schedule, online or at a pre-agreed location.
4.2 Nutritional Guidance: Jane Omorogbe Health Coach can offer personalised nutrition guidance to support the personal coaching sessions and achieve your fitness goals.
4.3 Unless otherwise agreed, four types of Personal Coaching Programs are used:
– a Coaching Program for one (1) month;
_ a Coaching Program for six (6) weeks:
– a Coaching Program for three (3) months;
– a Coaching Program for six (6) months;
– a Coaching Program for one (1) year.
4.4 Personalised training and nutritional guidance, which is given either online or offline by the Coach, is personalised and intended for the client only. Access to Personal Coaching Programs, login details and materials provided, training and nutrition plans, and documentation are for the sole use of the client. They should not be shared with others.
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ARTICLE 5 – CANCELLATIONS AND LATE ARRIVALS
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5.1 Appointments for Coaching Sessions are made in advance, in consultation with the Coach. If you wish to cancel or change a scheduled appointment, you must notify the Coach in question via the pre-agreed communication channel at least forty-eight (48) hours in advance and the service will be rescheduled to another agreed upon day and time.
5.2. Cancellations within twenty-four (24) hours of the scheduled appointment will be charged at the full cost of the session or for pre-paid Coaching Programs, no refund will be given.
5.3 If the client arrives too late, the session will still end at the agreed time.
5.4 If the Coach is late starting the session, the session (or a subsequent session) will be extended proportionally.
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ARTICLE 6 – RATES AND PAYMENT TERMS
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6.1 The rates for Coaching Programs and other services are determined and agreed according to our fixed Coaching Programs rates, provided to the client by the coach, or in a separate agreement between the client and Jane Omorogbe Health Coach.
6.2 The agreed rate includes all costs, with the exception of additional products/services and transport expenses. The customer will always be informed of any additional costs before they are incurred and charged.
6.3 Rates include VAT. All amounts on our website are always in euros.
6.4 Payment must be made prior to the start of any Coaching Session or the start of any Coaching Program, unless otherwise agreed.
6.5 Unless otherwise agreed, Coaching Program are paid in full, in advance either by bank transfer or by Stripe / SEPA European direct debit.
6.6 If no direct debit has been agreed upon, the client will transfer the entire agreed amount of the invoice by bank transfer to the account number IBAN code: BE77 9794 3462 1942 Swift code: ARSPBE22XXX attn. Jane Omorogbe Health Coach stating the message, which can be found at the bottom of the invoice.
6.7 Late payment: If the client does not pay on time, Jane Omorogbe Health Coach is entitled to stop the coaching, membership or any other services, until the amount due has been received. In this situation, the obligation to pay remains unaffected.
6.8 In the event of non-payment on the due date, you will receive a first payment reminder from us free of charge.
6.9 In the event of non-payment within a period of 14 days, which starts from the day after the day of receipt of the above-mentioned reminder, Jane Omorogbe Health Coach is obliged to proceed with a formal notice of default. In the absence of payment, the unit-holder shall pay a conventional interest rate for late payment of the reference interest rate plus 8 % and a flat-rate compensation depending on the amount still due:
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20 euros if the balance due is less than or equal to 150 euros;
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EUR 30 plus 10% of the amount due in the bracket between EUR 150.01 and EUR 500 if the balance due is between EUR 150.01 and EUR 500;
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65 euros plus 5% of the amount due on the bracket above 500 euros with a maximum of 5000 euros if the balance due exceeds 500 euros.
6.10 Jane Omorogbe Health Coach reserves the right to change the rates and prices used at any time, and this for all services and products they offer. Jane Omorogbe Health Coach will notify the client by email prior to making the price change. The customer has the right to withdraw from the contract within a period of thirty (30) days after the entry into force of the new rates. The customer may notify Jane Omorogbe Health Coach by sending an email to info@janeomorogbe.com If the customer fails to do so, he will be deemed to have tacitly agreed to the price change.
ARTICLE 7 – DURATION OF THE AGREEMENT, DISSOLUTION AND EXTENSION
7.1 The agreement is entered into, either for a flexible plan that can be terminated monthly, or for a fixed Coaching Program of three (3) months, six (6) months or one (1) year.
7.2. If the client has not yet received the Coaching Program, there has been no intake consultation and 7 days have not yet passed since the conclusion of the agreement, the client has the right to dissolve the agreement by means of a registered letter, addressed to Jane Omorogbe Health Coach.
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7.3 It is not possible to terminate the contract prematurely, with the only the exception of very special circumstances that may be agreed upon by Jane Omorogbe Health Coach. This is entirely at the sole discretion of Jane Omorogbe.
7.4 Jane Omorogbe Health Coach is not obliged to terminate the agreement prematurely for medical or other reasons. In the event that the client is unable to participate in the training sessions due to medical reasons, the payment obligation of the agreement remains ongoing, but the client is entitled to continue the remaining coaching sessions after her/his/ their recovery. The Coaching Program will restart directly after the recovery period and extend to the agreed duration.
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ARTICLE 8 – PROCESSING OF PERSONAL DATA
8.1 Jane Omorogbe Health Coach behaves in accordance with the provisions of the European General Data Protection Regulation (GDPR 2016/679) and the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
8.2 If the client transfers his personal data to Jane Omorogbe Health Coach or its appointee, these will be included in the file of Jane Omorogbe Health Coach and will be processed for the purpose of offering our products and services in the best possible way, in particular for the Coaching Program, the management of the customer base, for carrying out market studies, to inform the client about the new products and services and to carry out information and promotional campaigns. The personal data will not be transferred to third parties without your consent, unless this is required by law. Clients have the right to request access to, correct and/or delete their personal data. The data will be kept for as long as is necessary to achieve the purposes for which it was collected. Would you like to know more about how your personal data is processed? Please read our privacy policy and cookie policy.
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1 By accepting these terms and conditions, the client expressly acknowledges that all designs, information, images and other content on the website are the product property of Jane Omorogbe Health Coach and are protected by the relevant intellectual property rights, including but not limited to copyrights, trademark rights, database rights, neighbouring rights, patents and design rights.
9.2 Jane Omorogbe Health Coach grants the client a limited, personal, non-exclusive, non-sub-licensable, non-transferable and irrevocable right to use the services and products for personal purposes and under the conditions set out in these terms and conditions.
9.3 The client is expressly prohibited from copying, modifying, sharing with third parties, publishing or using designs, information, images and other content, drawn up by Jane Omorogbe Health Coach, for direct or indirect commercial purposes, unless this has been expressly agreed in writing between the parties.
9.4 After termination of membership, Jane Omorogbe Health Coach retains ownership of all services and products provided. The client's account will be closed and all materials and information provided by Jane Omorogbe Health Coach will be withdrawn and may no longer be used or distributed by the client.
ARTICLE 10 – LIABILITY
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10.1 Playing sports may involve risks. Attending personal training or online coaching, which are part of our range of services, is entirely at the client's own risk. It is the client's responsibility to inform the trainer of any health issues, injuries, or other medical conditions that may affect his or her participation in the training sessions.
10.2 Jane Omorogbe Health Coach and its appointees are not liable for the occurrence of any damage, injury, injury, other complications or loss, which may occur during or after personal training and/or following an online Coaching and or Nutrition Program, unless there is intent or gross negligence on the part of Jane Omorogbe Health Coach and its appointees. The client is aware that injuries or other complications may occur as a result of the physical activity without there being any wrongful act or negligence on the part of Jane Omorogbe Health Coach and her appointees.
10.3 The client is obliged to report any injuries, pain or fatigue during, before or after the training to the trainer. This also applies to any changes in his or her physical condition that may affect the services provided by Jane Omorogbe Health Coach, in particular the training sessions and the achievement of the set fitness goals, for as long as the agreement is in force.
10.4 Jane Omorogbe Health Coach reserves the right to ask the client to submit a medical certificate from a doctor before the start of the program or conclusion of the agreement.
10.5 Jane Omorogbe Health Coach cannot be held liable in any way for damages, whether direct or indirect, resulting from the misuse of the Jane Omorogbe Health Coach website or the services. Jane Omorogbe Health Coach is also not liable for damage resulting from incorrect information provided by the client or the failure to follow the advice provided correctly.
10.6 Jane Omorogbe Health Coach and/or the service trainers will never be obliged to pay higher compensation than provided for in the liability insurance taken out by them.
10.7 Jane Omorogbe Health Coach's commitment is an obligation to perform to the best of its ability. Jane Omorogbe Health Coach can therefore not be held responsible for not achieving the desired results or goals set by the client. The Coaching services are carried out in the context of the requested assignment to the best of our knowledge, expertise and ability.
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ARTICLE 11 – CONFIDENTIALITY
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11.1 Both parties are obliged to keep confidential information that they have received for the assignment confidential. Information is considered confidential if this is indicated by the other party, if this is apparent from the type of information or from these general terms and conditions.
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ARTICLE 12 – APPLICABLE LAW
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12.1 These general terms and conditions are governed by Belgian law. In the event of any disputes arising out of or in connection with these terms and conditions or the use of our services, the parties will seek an amicable solution. If an amicable solution is not possible, disputes will be submitted to the courts in Belgium.
ARTICLE 13 – CONTACT
If you have any questions about these terms and conditions or our services, please contact us at:
E-mail: info@janeomorogbe.com
VAT: BE0827 453 649
IBAN code: BE77 9794 3462 1942
Swift code: ARSPBE22XXX