General terms and conditions

APPLICATION

These general terms and conditions apply to all services and agreements to which Asaya is a party. The client/Participant expressly declares to be aware of and agree to these general terms and conditions upon entering into an agreement. Deviations from these terms and conditions are only binding if and insofar as they have been confirmed in writing by Asaya.

DEFINITIONS

Contractor: Asaya

Client: person who commissions the use of the contractor's services.

Participant: person who uses services offered by the contractor (also referred to as coachee, customer, or client).

Start: the time at which the agreed activity takes place according to the (written) confirmation.

Location: the place where the activity takes place, often the own location in Werchter.

Activities (hereinafter referred to as activity):

Coaching session: a session in which the participant(s) is/are guided by an equine-assisted coach and one or more horse(s)/pony(ies).

Coaching trajectory: a series of 3 or more coaching sessions in which the participant(s) is/are guided by an equine-assisted coach and one or more horse(s)/pony(ies).

CONFIDENTIALITY

Parties acknowledge that the content of the relationship as well as the data and information known to them within the framework of the agreement and its execution are strictly confidential. Neither party shall directly or indirectly disclose the content of the relationship as well as the data and information known to them to third parties. These obligations apply both during the term of the agreement and after its termination.

OFFER AND AGREEMENT

The registration/application for or reservation of an activity is definitive after written (letter or email) confirmation from the Contractor. The sending of an order confirmation by the Contractor makes the agreement binding. If it is possible to make a reservation online, this reservation is also definitive and binding after written (letter or email) confirmation from the Contractor. The Contractor reserves the right to refuse assignments. An offer has a validity period of maximum 14 days unless expressly stated otherwise. Acceptance of the offer after the stated period does not create binding conditions for the Contractor.

CANCELLATION/POSTPONEMENT/AMENDMENT BY CONTRACTOR/PARTICIPANT

The following rules apply:

Postponement of the (family) constellation, sessions/appointments is possible up to 48 hours prior to the relevant session/appointment. After this period, the Participant owes the full amount / this session/appointment within the relevant trajectory lapses.

Free cancellation for the Family (constellation) is possible up to 48 hours before the start of the appointment. After this period, the Participant owes 50% of the full amount.

If a Participant does not appear at the start of the activity/session/appointment or only attends part of it, this does not entitle them to a refund. In unforeseen exceptional circumstances, it may be possible to reschedule the activity at another time, provided that scheduling allows (only in consultation and when contact is made about this).

If a Participant decides to prematurely stop a coaching trajectory on their own initiative, the remaining session(s) may be taken at a later date, provided that scheduling allows (only in consultation and when contact is made about this). Remaining sessions as part of a coaching trajectory do not under any circumstances entitle to a refund of a portion of the invoice amount.

CANCELLATION BY CONTRACTOR

The Contractor reserves the right to cancel or postpone the activity at any time. A replacement date can be agreed upon in mutual consultation between the Contractor and the Client (when possible). In both cases, the Contractor may also decide to refund the full invoice amount to the Client within 60 days of cancellation.

EXECUTION OF THE ASSIGNMENT

Unless otherwise agreed between the parties, the Contractor is at all times authorized to engage third parties in the execution of the assignments. The Contractor guarantees that these third parties will perform their work as if they were employees of the Contractor.

COOPERATION BY THE CLIENT

The Client shall always timely provide the Contractor with all cooperation, data, and information that the Contractor deems necessary or useful to perform the assigned work.

LIABILITY

We handle our animals and location with the utmost care, and activities are also performed and guided with the greatest care. Nevertheless, working with horses/ponies involves risks. All Participants are aware of the dangers that working with horses/ponies may entail. Participants are instructed on how to handle the horses/ponies and premises and must, in all cases, follow the instructions of the trainer/coach during the activities.

Participation in activities and entering the premises is at one's own risk.

Should the Contractor be liable for any damage, this liability shall be limited to what is regulated in this provision. The Contractor is not liable for damages that could not be insured under customary industry conditions. The Contractor is not liable for damage of any kind, arising from the Contractor having relied on incorrect and/or incomplete data provided by or on behalf of the Client/Participant.

Should the Contractor be liable for any damage whatsoever, the liability of the Contractor shall be limited to the invoice value of the service concerned, or at least to that part of the service to which the liability relates. The liability of the Contractor is in any case always limited to the amount of the payout by its insurer in the event of a claim.

The Contractor is solely liable for direct damage. Direct damage exclusively means the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to the damage within the meaning of these terms and conditions, any reasonable costs incurred to make the Contractor's defective performance conform to the agreement, insofar as these can be attributed to the Contractor, and reasonable costs incurred to prevent or limit the damage, insofar as the Client/Participant demonstrates that these costs have led to a limitation of the damage as referred to in these general terms and conditions.

The Contractor is never liable for any indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption.

CONFIDENTIALITY

The Contractor undertakes to treat all information of the coachee/Participant entrusted to the Contractor before, during, and after the session(s)/activity(ies) as confidential at all times. This confidentiality applies unless otherwise required by law (the Contractor has a reporting obligation as an equine-assisted coach). Information will only be shared with others if the coachee/Participant gives written permission to do so. The Contractor reserves the right to discuss anonymized cases with, for example, colleagues or to use anonymized cases for promotion/illustration/explanation.

TRAINING MATERIALS AND PRODUCTS

All products, text, and visual materials produced by the Contractor, such as training materials, film recordings, coaching tools, methodologies, and publications, are and remain - regardless of their nature - the intellectual property of the Contractor and are protected by copyright. The Participant is entitled to use the materials for personal use. Reproduction and/or disclosure to third parties is not permitted and is considered a breach of copyright and is therefore punishable. It is expressly forbidden to use the Contractor's products, text, and visual materials for publications, training, lectures, or similar occasions. Media publications are only permitted with the Contractor's written permission.

INTELLECTUAL PROPERTY ONLINE LEARNING PLATFORM

All models, theories, exercises, texts, images, videos, downloadable materials, and other content made available on this online learning platform are and remain the exclusive intellectual property of Asaya and are protected by copyright and other intellectual property rights. Users of the platform acquire a personal, non-exclusive, and non-transferable license to use this content solely for their own professional development and to support their direct guidance of clients. This license expressly does not imply the right to:

Resale: It is strictly forbidden to sell or otherwise commercially exploit the platform content, in whole or in part.

Publication: It is not permitted to publish, disclose, share on public or private forums, social media, or other platforms without prior written permission from Asaya.

Distribution: It is forbidden to distribute, share, or make the platform content accessible to third parties, including colleagues, employees, or other professionals who do not possess a valid license for this platform.

Copying and Reproduction: It is not permitted to copy, reproduce, or multiply the platform content other than for strictly personal professional use in the direct guidance of clients. Making large-scale copies, storing on shared servers, or other forms of unauthorized reproduction are prohibited.

Modification and Derivative Works: It is not permitted to modify, adapt, translate, or create derivative works based on this content without the express written consent of Asaya.

Any action that violates these intellectual property provisions will be considered an infringement of Asaya's rights and may lead to legal action and claims for damages.

AVAILABILITY AND MAINTENANCE OF THE ONLINE LEARNING PLATFORM

Asaya strives to make the online learning platform continuously and reliably available to its users. However, to ensure the quality, functionality, and security of the platform, it may be necessary to perform periodic maintenance. This maintenance may include, but is not limited to:

Technical updates: Installing new software versions, security patches, or server upgrades.

Functional improvements: Adding new features, optimizing existing functionalities, or adjusting the user interface.

Bug fixes: Correcting technical problems or errors in the functioning of the platform.

Asaya reserves the right to perform such maintenance at any time, although we strive to plan this as much as possible outside peak hours and to inform users in a timely manner via a notification on the platform or by email (if the interruption lasts longer). Asaya accepts no liability for any direct, indirect, incidental, consequential, or special damages, of any kind whatsoever, arising from or in any way related to the temporary unavailability of the online learning platform due to planned or unplanned maintenance, technical malfunctions, force majeure, or other causes beyond our reasonable control. Users are advised to download important materials in time for offline use if they anticipate foreseeable access problems.

ACCESS TO THE PLATFORM

Clients gain access to Asaya's online learning platform by a one-time purchase of the toolkit. With this purchase, the Client acquires permanent access to the content and functionalities of the platform available at that time. Asaya strives to guarantee access to the platform at all times. However, the availability of the platform depends on the continuity of the services of the external organization from which Asaya rents the platform. In the unlikely event that the external organization decides to discontinue the platform or terminate its services, Asaya will make its best efforts to move the platform or the relevant content to another platform and to continue access for the Clients. However, Asaya cannot accept responsibility for any definitive discontinuation of the platform by the external organization and the resulting impossibility to guarantee access.

Clients will be informed of any significant changes in the availability of the platform via the communication channels available at that time (e.g., email, notification on Asaya's website).

There are currently no different access levels or memberships. All Clients who have purchased a toolkit have access to the same basic content and functionalities of the platform. Asaya reserves the right to offer different access levels or additional functionalities for an additional fee in the future. Clients will be informed in due course.

ACCOUNT AND LOGIN DETAILS

Users of Asaya's online learning platform are at all times responsible for the safe keeping and confidential use of their personal account data, including their username and password. It is essential to choose complex passwords, change them regularly, and not share them with others. Asaya shall never be liable for damages resulting from unlawful use of account data by third parties due to the User's negligence.

It is strictly forbidden to share account details with others, regardless of the reason. Each account is personal and intended exclusively for use by the registered User. Asaya reserves the right to suspend or terminate accounts suspected of sharing login details without prior notice. The User is liable for all activities that occur under their account, regardless of whether these activities were performed by the User themselves or by a third party with access to the account.

If a User suspects that their account details have been compromised, they should immediately notify Asaya via the contact details provided on the platform. In such cases, Asaya will take appropriate measures to ensure the security of the account.

CHANGES TO THE ONLINE LEARNING PLATFORM AND TERMS AND CONDITIONS

Asaya expressly reserves the right to make changes to the content, functionalities, and structure of the online learning platform at any time. This includes, but is not limited to, adding, deleting, or modifying models, theories, exercises, texts, images, videos, downloadable materials, and other elements of the platform. In addition, Asaya reserves the right to periodically review and modify these specific General Terms and Conditions for the online learning platform. Such changes may be necessary due to legal changes, evolutions in service provision, technical developments, or to improve the user experience. Users will be informed of significant changes to the platform and these General Terms and Conditions through the following channels:

Via a clear notification on the platform itself: Upon logging in or visiting relevant pages, a pop-up notification, banner, or message in the news section of the platform may inform the user about the changes.

By email: In the event of substantial changes that may affect users' rights or obligations, Asaya may notify registered users by email. It is the user's responsibility to ensure that their email address is correct and up-to-date.

Via an update of the General Terms and Conditions on the website: The most recent version of the General Terms and Conditions will always be available in a clearly findable location on Asaya's website. Users are advised to consult these terms and conditions regularly to stay informed of any changes.

Continued use of the online learning platform after the announcement of changes will be considered an acceptance of these modified content and/or terms and conditions. If a user does not agree with the implemented changes, they must cease using the platform and, if applicable, terminate their subscription according to the applicable cancellation policy.

COMPLAINTS PROCEDURE REGARDING COACHING AND GUIDANCE

Complaints regarding the execution of the agreement must be made known in writing, fully and clearly described, to the Contractor within 8 days after the Client and/or Participant has discovered the defects.

Complaints submitted to the Contractor will be registered, answered, and treated confidentially by both parties within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Contractor will respond within 14 calendar days with an acknowledgment of receipt and an indication of when the Client and/or Participant can expect a more detailed answer.

In principle, the Contractor assumes that a mutually agreeable solution to the complaint will be found through good consultation.

Belgian law applies to agreements between the Contractor and Client/Participant. The Courts with territorial jurisdiction for disputes between these parties are those of the judicial district of Leuven.

COMPLAINTS PROCEDURE REGARDING ONLINE LEARNING PLATFORM

Complaints regarding the functioning, content, or accessibility of the online learning platform must be made known in writing, fully and clearly described, to the Contractor via the contact form on the website or by email to the specific contact address for the platform (if applicable), within 14 days after the Client has discovered the problem or defects. Complaints submitted to the Contractor regarding the online learning platform will be registered, answered, and treated confidentially by both parties within a period of 14 calendar days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Contractor will respond within 14 calendar days with an acknowledgment of receipt and an indication of when the Client can expect a more detailed answer. In principle, the Contractor assumes that a mutually agreeable solution to the complaint will be found through good consultation. Belgian law applies to agreements concerning the online learning platform between the Contractor and the Client. The Courts with territorial jurisdiction for disputes between these parties are those of the judicial district of Leuven.

HOW TO CONTACT US

If you have general questions, you can contact us at wendy.hoeck@asaya.be.

Asaya

Saffraan 66, 3150 Haacht

BE0788817064

Last modified 07/05/2025.