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​General Terms & Conditions

 

  1.  Scope of general terms and conditions
  • Any registration to a program constitutes acceptance by the client of the general terms and conditions.
  • The general terms and conditions apply to all live and online programs offered by A Transformational Journey, both for individual sessions and group sessions (webinars, workshops, trainings, retreats, blogs, podcasts).
  • These general terms and conditions also describe in more detail the terms and conditions for all the programs including the ENBA theory and/or Transformational Keys model, so the client knows what to do and what not to do in order to respect the copyright, intellectual property rights and license rights.

 

  1.  Disclaimer
  • All services offered by A Transformational Journey are intended for personal development and educational purposes only. It is not intended to be a substitute for professional therapeutic or medical advice, treatment, diagnosis, prescription or recommendation in relation to any diseases, ailments, mental or physical suffering or conditions whatsoever.
  • If the client suffers from any physical, mental or emotional disorder, they are responsible for seeking appropriate professional medical advice and care.
  • If the client is under medical supervision (including the obligation to take certain medication), the client is responsible for asking permission from their doctor (general practitioner, psychiatrist, etc.) to participate to any program offered by ATJ.
  • The client understands, accepts and takes full responsibility for the fact that they might re-experience past stressful memories that have been suppressed, avoided or forgotten or that they might experience altered states of consciousness.
  • The client accepts that no guarantees are given regarding the outcome of any program.

 

  1.  Payment of invoices
  • Each invoice is considered accepted by the client if they do not object in writing by mail within eight days after sending. Any complaints about the invoice must be made within 14 days after sending the invoice.
  • Complaints about a program cannot be used as a pretext to suspend or postpone payment of invoices.
  • All invoices are payable within at the latest on the due date stated on the invoice. In the event of non-payment or partial payment, a fee of 80 euro plus an interest of 1% per month will be charged by operation of law and without notice of default.

 

  1.  Cancellation of sessions and programs
  • Individual sessions can be canceled free of charge up to 48 hours before their scheduled time. For any cancellations within 48 hours prior to the session, the full amount will be charged.
  • A group program can be cancelled free of charge up to 2 months prior to the start of the program. In case of cancellation within 2 months to 7 calendar days prior to the start of the program, the client will be charged 50% of the program fee. In case of cancellation less than 7 calendar days prior to the start of the program, the client will be charged the full program fee.
  • As an alternative for cancellation, the client may also offer a replacement participant free of charge, if this person meets the requirements for participation.

 

  1.  Privacy policy
  • A Transformational Journey reserves the right to collect data from the customer for internal use only, both directly through the collection of the data provided by the client when registering and/or ordering and indirectly through, for example, the use of cookies or newsletter. In accordance with the law of December 8, 1992 for the protection of privacy, the customer has the right at all times to view this data, to change it and to have it removed. A more detailed description of the privacy statements is available on the website atransformationaljourney.com.

 

  1.  Definitions
  • Copyright means all copyright, and rights in the nature of copyright, on the material of TK programs, offered by A Transformational Journey bv.
  • Intellectual Property Rights means trademarks, service marks, trade names, logos, domain names, patents, inventions, design rights, copyrights (including without limitation rights in computer software), moral rights, rights of extraction relating to databases, database rights, know-how and testing and all other rights or forms of protection, subsisting now or in the future, having equivalent or similar effect to the rights referred to above, in each case: (i) anywhere in the world; (ii) whether unregistered or registered (including without limitation all applications, rights to apply and rights to claim priority); and (iii) including without limitation all divisionals, continuations, continuations-in-part, reissues, extensions, re-examinations and renewals; 
  • The Evolutionary Neuro-Biological Adaptation (ENBA) Theory® is a unifying theory about the sense, science and spirit of human functioning and change. It explains the onset of unwanted behavioral, mental and emotional patterns and physical symptoms and it explains how deep lasting change can be facilitated with tools that activate the neural change process of memory reconsolidation;
  • The Transformational Keys (TK) Model® is a facilitation model based on the principles of the ENBA theory. It offers tools to facilitate deep lasting change of unwanted behavioral, mental or emotional patterns (e.g. defense mechanisms, stress reactions, personality traits). The TK Neuromap® is a specific facilitation tool that is part of the TK model and is designed to explore all aspects of an unwanted pattern and its “emotional truth” (i.e. a statement that describes the necessity of this pattern for the client’s survival).
  • TK program is any program that offers any part of the ENBA theory and/or the TK model.

  

  1.  Copyright - Intellectual Property
  • All information displayed on the website or offered during any program is protected by copyright and related rights, as well as by any intellectual property right for the entire world. Any partial or entire reproduction of the information without written permission is strictly prohibited.

 

  1.  Scope of license with respect to the ENBA theory and TK Model
  • The ENBA theory and TK model is created by Malou Laureys. Unless expressly provided otherwise, A Transformational Journey retains all right, title and interest in and to the ENBA theory and TK model.

  • A Transformational Journey grants the client, registered in a TK program, the non-exclusive, non-sublicensable, non-transferable, royalty-free license to use and apply the ENBA theory and TK model, from the moment the program has started and after payment of due invoices, and for the term of the Copyright, only for doing exercises that support their own personal growth and for individual sessions with the client’s own clientele, without transferring any of the documents of the ENBA theory or TK model (e.g. the TK neuromap) to their clients.

  • Unless otherwise agreed in writing, the client may not use any part of the ENBA theory or the TK model in group sessions (workshops, online courses, blogs, podcasts, etc.) or transfer it to a third party, in any form whatsoever, including but not limited to: on paper, digitally or via photographs.
  • The client shall honour the Copyright in accordance with all applicable laws and industry practices and the client shall not, and shall not permit, authorise, enable or request any other person or entity to violate the Copyright.
  • The client must immediately notify A Transformational Journey in writing if any actual, suspected or threatened infringement of the Copyright comes to the client’s attention.
  • Nothing in these general terms and conditions shall constitute any representation or warranty that the exercise by the client of rights granted under these general conditions will not infringe the rights of any person.

  

  1.  Enforcement of the general terms
  • With respect to any of the matters referred to in these general terms and conditions:
    • A Transformational Journey shall decide in its absolute discretion what action should be taken, if any;
    • A Transformational Journey shall have exclusive control over the initiation and execution of all claims and proceedings;
    • The client shall not make any admissions other than to A Transformational Journey and shall render such assistance as A Transformational Journey may reasonably require in dealing with claims or proceedings;
    • A Transformational Journey shall have the right to retain all amounts recovered in any legal action for its own account.

 

10.  Indemnification and Liability

  • To the fullest extent permitted by law, A Transformational Journey shall not be liable to the client for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from the client’s exercise of the rights granted to it under these general terms and conditions.
  • The client shall indemnify A Transformational Journey against all liabilities, costs, expenses, damages and losses including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by A Transformational Journey arising out of or in connection with:
    • the client’s exercise of its rights granted under these general terms and conditions;
    • the client’s breach or negligent performance or non-performance of these general terms and conditions;
    • the enforcement of these general terms and conditions;
    • any claim made against A Transformational Journey by a third party for death or personal injury, due to actions of the client.

 

  1.  Termination of the license
  • Without affecting any other right or remedy available to it, A Transformational Journey may terminate the license granted to the client with immediate effect by giving written notice to the client if:
    • the client fails to pay any amount due on the due date for payment and remains in default more than seven (7) Business Days after being notified in writing to make such payment;
    • the client commits a material breach of any term of the general terms and conditions and (if such breach is remediable) fails to remedy that breach within a period of seven (7) Business Days after being notified in writing to do so. 
    • the client repeatedly breaches any of the terms of the general terms and conditions in such a manner as to reasonably justify the opinion that their conduct is inconsistent with them having the intention or ability to give effect to the terms of these general terms and conditions.
  • On termination of the agreement between parties for any reason and subject to any express provisions set out elsewhere in these general conditions:
    • all outstanding sums payable by the client to A Transformational Journey shall immediately become due and payable;
    • all rights and licenses granted pursuant to these general terms and conditions shall cease;
    • the client shall cease to make any use of the copyrighted materials;
    • the client shall return promptly to A Transformational Journey at the client's expense all records and copies of any information (of a confidential nature) communicated to it by A Transformational Journey.

 

  1.  Applicable laws
  • All disputes related to the general terms and conditions and the agreement are governed by Belgian law. In case of disputes or disputes arising from this agreement or with regard to these general terms and conditions, only the court of Ghent has jurisdiction.