Terms and Conditions of Kineticy BV (trading as Corecomotion)
Welcome to Corecomotion! By accessing or using our website, online courses, or any associated services (collectively, “Services”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). Please read these Terms carefully. If you do not agree with these Terms, you should not access or use our Services.
1. Who We Are
Our collection and use of your personal data is described in our Privacy Policy [insert link/name here], which forms part of these Terms.
2. Health and Wellbeing Disclaimer
Corecomotion offers educational and reflective content designed to support emotional awareness and personal growth. Our Services, including our films, courses, reflection tools, and any AI-based coaching features, are not a form of medical treatment, psychotherapy, or professional mental health care.
Nothing in our Services is intended to diagnose, treat, cure, or prevent any medical or psychological condition. Our content is not a substitute for medication, professional medical advice, or psychological treatment prescribed or recommended by a qualified healthcare provider. You should never disregard, delay, or discontinue any medication or treatment because of something you have seen, read, heard, or experienced through our Services. If you have questions about a medical or psychological condition, or about medication, please consult a qualified physician, psychiatrist, psychologist, or other appropriate healthcare professional.
If you are in crisis, experiencing thoughts of self-harm or suicide, or facing a medical or psychological emergency, please contact your local emergency services, a crisis line, or a healthcare professional immediately. Corecomotion is not equipped to provide emergency support.
By using our Services, you acknowledge that Corecomotion is a self-development and emotional awareness platform, not a healthcare provider, and that any decisions about your medical or psychological care remain your own responsibility, made in consultation with qualified professionals.
3. Eligibility
You must be at least 18 years old to access and use our Services. By using our Services, you represent that you meet this age requirement.
4. Account Registration
To access certain features, including online courses and downloadable materials, you may need to register for an account. You agree to:
- Provide accurate and complete information during registration.
- Keep your login credentials secure and confidential.
- Notify us immediately of any unauthorized access or use of your account.
5. Subscription and Payment Terms
- Purchases and Subscriptions: Some content and features may require purchase or subscription. By purchasing or subscribing, you authorize us to charge the payment method you provide for the selected plan.
- Billing and Renewals: Subscriptions may renew automatically at the end of each billing period. You may cancel at any time before the renewal date to avoid further charges.
- Refunds: Our refund policy varies based on the product or subscription. Please refer to Article 17 of this agreement.
6. Definition of Violation
For the purposes of this agreement, a “violation” means any single act, omission, or failure to comply with the obligations set forth in Article 7.
Each occurrence, repetition, or continuation of the same act or omission shall be treated as a separate violation.
For clarity:
- If a breach continues over multiple days, each day counts as a separate violation.
- If multiple breaches occur in the same day, each breach is counted separately.
7. License to Use Content
By purchasing access to our online courses, you are granted a limited, non-exclusive, and non-transferable license to view and use the course materials for personal use only. You agree not to:
- Copy, share, modify, distribute, or publicly display any of the content.
- Share your login credentials or course materials with any third party.
- Attempt to bypass, disable, or otherwise interfere with any security features of our platform.
8. Intellectual Property Rights
All intellectual property rights associated with our events, online programs, or courses are the exclusive property of Kineticy B.V., trading as Corecomotion.
9. Penalties for Breach
Failure to comply with any obligation set forth in Article 7 of this agreement constitutes a separate violation for each act or omission, and each violation will result in an immediate, non-refundable financial penalty, payable without prior notice, demand, or legal proceedings, as follows:
- €10,000 per violation if you are acting in a professional or business capacity.
- €5,000 per violation if you are a consumer.
For the avoidance of doubt, each individual breach, instance of non-compliance, or continued day of non-compliance is deemed a separate violation. These penalties apply irrespective of whether actual damages are proven and are in addition to Corecomotion’s right to seek further legal remedies, injunctive relief, or additional compensation.
10. User Conduct and Content
By using our Services, you agree to:
- Comply with all applicable laws and respect the rights of others.
- Avoid any activity that could harm or disrupt the Services.
- Not post, share, or transmit any unlawful, defamatory, or otherwise inappropriate content.
11. Third-Party Links and Services
Our Services may contain links to third-party websites or services. We do not endorse or control these third-party services, and we are not responsible for their content, privacy practices, or terms of use.
12. Disclaimer of Warranties
Our Services are provided “as is” without warranties of any kind, either express or implied. We make no representations or warranties regarding the accuracy, completeness, or reliability of the content.
13. Limitation of Liability
To the fullest extent permitted by law, Kineticy BV, its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.
14. Indemnification
You agree to indemnify, defend, and hold Kineticy BV, Corecomotion, and its affiliates harmless from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.
15. Termination
We reserve the right to suspend or terminate your account or access to the Services if you violate these Terms or engage in unlawful activities. Termination of your account does not relieve you of any payment obligations accrued before termination.
16. Right to Withdraw (Herroepingsrecht)
As a consumer residing in the Netherlands or the European Union, you have the legal right to withdraw from a contract for the purchase of our digital products and services within 14 calendar days without providing any reason, in accordance with Dutch law (Artikel 6:230o BW).
Exceptions to the Right to Withdraw
The right to withdraw does not apply in the following situations:
- Downloaded Digital Content: If the digital content (such as courses or materials) has been fully delivered and you explicitly agreed to waive your right of withdrawal before the delivery began.
- Customized Services: If the service or product was customized or personalized at your request.
- Time-Sensitive Services: If the service has been completed within the withdrawal period with your prior agreement.
Withdrawal Period
The withdrawal period is 14 calendar days and starts:
- For digital content: On the day of purchase if no prior waiver has been agreed upon.
- For services: On the day the contract is concluded.
How to Exercise Your Right to Withdraw
To exercise your right to withdraw, you must inform us within the withdrawal period using the following steps:
- Submit a Clear Statement: Notify us of your decision to withdraw via email or post.
- Provide Necessary Details: Include your name, order details, and proof of purchase in your request.
You can send your withdrawal notice to:
Kineticy B.V. (Corecomotion)
Email: [email protected]
Refund Process
- If your withdrawal is valid, we will process a refund of the amount you paid within 14 days of receiving your withdrawal notice.
- Refunds will be issued using the same payment method you used for the original transaction, unless you explicitly request otherwise.
- No additional fees will be charged for the refund.
Exceptions to Refunds
If you purchased digital content and explicitly agreed to waive your right to withdraw before downloading, no refund will be provided after delivery of the content.
17. Force Majeure (Overmacht)
Definition of Force Majeure
Sometimes, unforeseen circumstances occur that are beyond our control. Legally, this is referred to as force majeure, as defined in Article 6:75 of the Dutch Civil Code (Burgerlijk Wetboek). Examples of such circumstances include, but are not limited to:
- Failures or force majeure situations involving our suppliers or other third parties;
- Insufficient interest or registrations for events;
- Power outages or disruptions;
- Computer viruses or cyberattacks;
- Extreme weather conditions;
- Fires or fire hazards;
- (Threat of) war or armed conflict;
- Days of national mourning;
- Deaths within family or social circles;
- Pandemics or epidemics;
- Quarantines;
- Illness or absenteeism of employees or third parties engaged by us;
- Strikes or labor disputes;
- Work incapacitation;
- Government-imposed measures;
- Defective equipment or vehicles.
In these situations, despite our best intentions, we are unable to fulfill our obligations due to external causes beyond our control. Under such circumstances, the law recognizes that it would not be reasonable to expect us to perform our obligations.
Suspension of Obligations
If a situation of force majeure prevents us from fulfilling our obligations, we are entitled to temporarily suspend (postpone) our obligations until the situation has been resolved.
Termination Due to Prolonged Force Majeure
If a force majeure situation persists for 90 (ninety) calendar days or longer, either party may terminate the agreement in writing (via email), either in full or in part.
No Liability for Damages
Unfortunately, in the event of force majeure, we cannot be held liable for any damages you may suffer, even if we benefit from the situation in some way.
18. Governing Law
These Terms and any disputes arising from your use of the Services are governed by the laws of the Netherlands, without regard to its conflict of laws principles.
19. Changes to These Terms
We may update these Terms periodically. The most recent version will be posted on our website with the date of the latest revision. Continued use of our Services after changes are posted indicates your acceptance of the updated Terms.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Kineticy BV, trading as Corecomotion
Email: [email protected]