Terms and Conditions of The Community Building Group B.V.

Version 6.0 | May 12, 2022

Article 1 Definitions

1.1 The Community Building Group B.V. is a private limited company (B.V.) with the purpose of providing an online platform and community where professionals can connect with each other and share knowledge in the field of HR (Human Resources). These general terms and conditions of The Community Building Group B.V. apply to all agreements with The Community Building Group B.V., including HRcommunity B.V., Zorgcommunity B.V., and Onderwijscommunity B.V. The HRincubator is a part of HRcommunity and aims to connect organizations such as startups, scale-ups, and corporates in various stages of their development, allowing them to inspire each other, learn from each other, and share knowledge to develop new HR solutions and accelerate innovation in their HR policies.

1.2 In these general terms and conditions, The Community Building Group B.V. includes all its employees.

1.3 In these general terms and conditions, an Agreement is understood as the legal relationship between The Community Building Group B.V. and the User in the broadest sense.

1.4 In these general terms and conditions, a User is defined as anyone who uses the online platform and its Products and Services set up by The Community Building Group B.V.

1.5 In these general terms and conditions, an Activity is defined as an event organized by The Community Building Group B.V., such as an event, workshop, webinar, training, or education, through which HR professionals are brought into contact with each other.

1.6 In these general terms and conditions, Services are defined as all activities performed by The Community Building Group B.V. on behalf of the User, of any nature, carried out in the context of an assignment, including the provision of Products, the organization of Activities, posting of job vacancies, activities on social media, sponsorship, and advertising.

1.7 In these general terms and conditions, a Product is defined as all products delivered to the User by The Community Building Group B.V. and/or by third parties engaged by it, as offered through the webshop.

1.8 In these general terms and conditions, a Website is defined as the websites www.hrcommunity.nl, www.zorgcommunity.com, and www.onderwijscommunity.nl and the affiliated or related websites; www.HRjob.nl, www.HRtop100.nl, www.HRzone.nl, www.hrincubator.nl, www.hrcommunity.be.

1.9 In these general terms and conditions, an Entrepreneur is defined as the natural person or legal entity that offers Products to the User through the webshop connected to The Community Building Group B.V.’s Website.

Article 2 Applicability of these terms and conditions

2.1 These general terms and conditions apply to all Agreements concluded between Users and The Community Building Group B.V.

2.2 Deviations from these general terms and conditions are only valid if expressly agreed upon in writing with The Community Building Group B.V.

2.3 The applicability of the User’s purchasing or other terms and conditions is expressly rejected.

2.4 In the event that one or more provisions are null and void or voidable, a new provision will be established in consultation with the client that comes as close as possible to the invalid provision.

Article 3 Agreement

3.1 All offers on The Community Building Group B.V.’s Website are entirely non-binding unless expressly stated otherwise.

3.2 If Users order a Product or Service, the Agreement is concluded upon confirmation by The Community Building Group B.V.

3.3 If The Community Building Group B.V. sends an order confirmation to the User, it is decisive for the content and interpretation of the Agreement, subject to obvious errors. The Community Building Group B.V. cannot be held to its offer if the User can reasonably understand that the offer, or any part thereof, contains an obvious mistake or typo.

3.4 If the User makes notes or provides comments on The Community Building Group B.V.’s confirmation, these do not form part of the Agreement unless The Community Building Group B.V. confirms them in writing or electronically.

Article 4 Execution of the Agreement

4.1 Through the platform on the Website, The Community Building Group B.V. connects Users with each other and enables them to use The Community Building Group B.V.’s Services.
4.2 Through The Community Building Group B.V., Users can enter into various types of agreements, including but not limited to:

• Agreement to participate in an Activity organized by The Community Building Group B.V.
• Agreement to purchase a paid membership to use The Community Building Group B.V.’s Services.
• Agreement for the purchase of Products offered in the webshop.

4.3 An Agreement to participate in an Activity is concluded when The Community Building Group B.V. confirms the registration in writing or electronically. Users can register for an activity on the Website and make a payment. Payment is made via a payment system or by invoice. The Community Building Group B.V. may make a selection from the received registrations and may reject registrations from Users without giving reasons. After reaching the maximum number of participants for an Activity, registrations made later will no longer be processed.

4.4 An Agreement to purchase a paid membership is concluded when The Community Building Group B.V. confirms the registration in writing or electronically. Users can register for a subscription via the Website or by email and then make a payment. Payment is made via iDeal, eventbrite, or by invoice. A registration can be rejected by The Community Building Group B.V. within 5 working days without giving reasons. An agreement to purchase a paid membership is a membership for one year.

4.5 An Agreement for the purchase of Products offered in the webshop is concluded between the Entrepreneur and the User, with The Community Building Group B.V. acting only as an intermediary. The Community Building Group B.V. offers Products of the Entrepreneur to the User in the webshop.

4.6 The Community Building Group B.V. is authorized to act as a representative of the Entrepreneur with the authority to conclude agreements and to conclude agreements on his/her behalf. However, the User and the Entrepreneur are responsible for fulfilling the contractual obligations themselves. In the event of a failure to fulfill the closed agreement, this must be negotiated by and between the User and the Entrepreneur. The Community Building Group B.V. connects the User and the Entrepreneur and retains their contact information for this purpose.

4.7 An Agreement for the purchase of Products offered in the webshop is concluded when the User places an order on the Website. This order will then be forwarded to the Entrepreneur, who will send the User an order confirmation and an invoice.

4.8 The Community Building Group B.V. has the right to have certain activities carried out by third parties. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.

4.9 Agreed delivery times are always indicative. The delivery times are not strict deadlines. Exceeding a deadline does not entitle the User to compensation.

Article 5 Liability

5.1 The Community Building Group B.V. cannot be held liable for the accuracy of the information provided on the website and the resulting damage unless this inaccuracy is the result of intent or gross negligence by The Community Building Group B.V. or one of its employees.
5.2 If The Community Building Group B.V. is nevertheless held liable, it will only be liable for direct damage actually incurred, paid, or suffered by the User as a result of a demonstrable failure to meet our obligations regarding our Services and up to the maximum amount mentioned in article 6.3.

5.3 If the provision of Services by The Community Building Group B.V. or its Users or otherwise leads to liability of The Community Building Group B.V., this liability is limited to compensation for direct damage.

5.4 The User is responsible for the proper use of The Community Building Group B.V.’s Products and Services and is personally liable for all consequences related to the use of the Products and Services.

5.5 The Community Building Group B.V. does not guarantee that the Website will be accessible at all times and without interruptions or malfunctions. The Community Building Group B.V. is in no way liable or obliged to pay damages to Users for any damage resulting from or as a result of the (temporary) unavailability, (interim) failure, and/or improper functioning of the Website.

5.6 The User indemnifies The Community Building Group B.V. from claims by third parties.

Article 6 Cancellation and Termination of Agreement to Participate in an Activity

6.1 An Agreement to participate in an Activity can be canceled before the start date of the Activity. If cancellation occurs 30 days or more before the start date, the User is not required to pay a registration fee, and this amount may be refunded. If cancellation occurs between 30 and 14 days before the start date, the User is liable for 50% of the registration fee, and this amount may be refunded. If cancellation occurs 14 days before the start date, the User is still required to pay the full participation fee.

6.2 Cancellation for participation in an Activity is done by notifying The User electronically. Termination is completed under the conditions mentioned in article 6.1 when confirmed by The Community Building Group B.V.

6.3 If no cancellation has taken place, and the User does not appear at the Activity, the User is still liable for the full participation fee. In the event of a serious illness or calamity, The Community Building Group B.V. may decide to refund the registration fee. In this regard, The Community Building Group B.V. may request proof, such as a doctor’s statement.

6.4 In all cases, it is possible to transfer the registration, free of charge, to another person up to 24 hours before the start date, when confirmed electronically by The Community Building Group B.V. and the details of the replacement person are provided. Data is only obtained with consent and can be changed at any time.

6.5 In the case of participation in an Activity, any house rules at the location apply to the User. If the User does not comply with these house rules, The Community Building Group B.V. is authorized to remove the User from the relevant location. In such a case, the User is still liable for the full registration fee.

Article 7 Termination of Agreement to Purchase a Paid Membership

7.1 Termination in the case of an Agreement to purchase a paid membership, as mentioned in articles 4.2 and 4.4, is done by written notice or notice through electronic means to The Community Building Group B.V. When this notice is confirmed by The Community Building Group B.V., the membership, with a one-month notice period, will be terminated. In that case, the User is still obligated to pay any outstanding amounts.

7.2 As mentioned in article 4.4, an Agreement to purchase a paid membership is concluded for one year. A membership can be terminated per calendar year as described in article 7.1.

Article 8 Cancellation and Returns for Orders via the Webshop

8.1 Cancellation of the Agreement for the purchase of Products through the Webshop, as mentioned in articles 4.2 and 4.5, must be done in writing and must be explicitly confirmed by The Community Building Group B.V.

8.2 Cancellation is no longer possible once an email has been sent by the Entrepreneur. The general terms and conditions of the Entrepreneur may also apply in this case.

8.3 In the case of full or partial cancellation, all costs incurred by The Community Building Group B.V. up to that point, arising from the agreement, will be charged.

Article 9 Costs, Payment, and Remuneration

9.1 All amounts mentioned on the Website and in the invoice are in euros and exclude VAT and shipping costs, unless stated otherwise.

9.2 The Community Building Group B.V. has the right to correct obvious errors in the price quotation.

9.3 Payment in the case of an Agreement to purchase a paid membership, as mentioned in articles 4.2 and 4.4, is in the form of a subscription. This means that when placing an order, the User makes a payment through a payment system or by invoice. Prices can be found on the Website. Costs incurred after placing an order can be invoiced at a later date.

9.4 If the User defaults on the timely payment of an invoice, the User is automatically in default, without the need for further notice. The User is then liable for the statutory interest. Interest on the amount due will be calculated from the moment the User is in default until the full amount is paid.

9.5 If The Community Building Group B.V. decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the User, in addition to the principal sum due and the interest mentioned in article 7.4, is also obliged to reimburse all reasonable legal and extrajudicial costs incurred. The compensation of legal and extrajudicial costs is determined in accordance with the then applicable Decree on compensation for extrajudicial collection costs.

Article 10 Force Majeure

10.1 Force majeure is defined as all external causes, beyond the control or intent of The Community Building Group B.V., which make timely, complete, or correct performance of the Agreement impossible.

10.2 Force majeure, as referred to in the previous paragraph, also includes, but is not limited to, non-performance by a third party, illness of employees of The Community Building Group B.V. or third parties engaged by it, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of The Community Building Group B.V. or its suppliers, fire, floods, natural disasters, epidemics, riots, war, or other domestic unrest.

10.3 In the event of force majeure, the performance of the Agreement will be suspended for as long as the force majeure continues.

Article 11 Intellectual Property Rights

11.1 The User accepts that the Website, including the structure, content, concept, as well as promotional materials, logos, and content, are the intellectual property of The Community Building Group B.V. Use or reproduction of The Community Building Group B.V.’s intellectual property is only allowed with the express permission of The Community Building Group B.V.

11.2 The User has the right to use the materials provided by The Community Building Group B.V. only to the extent necessary to achieve the purpose of the Agreement or in accordance with applicable law.

11.3 The User is responsible for carefully providing content, without infringing on the intellectual property of others.

11.4 If the User acts in violation of this article, the User is liable for a penalty of three times the amount agreed upon for that Agreement, without prejudice to The Community Building Group B.V.’s right to claim damages.

Article 12 Identity of The Community Building Group B.V.

12.1 The Community Building Group B.V. is registered in the Chamber of Commerce under number 68108214. The Community Building Group B.V. has the VAT identification number NL0049963301 and is located at John M. Keynesplein 12-46 (1066 EP) in Amsterdam.

12.2 The Community Building Group B.V. can be reached by email at [email protected].

Article 13 Applicable Law and Competent Court

13.1 Dutch law applies to the legal relationship between The Community Building Group B.V. and its Users.

13.2 All disputes arising between The Community Building Group B.V. and its Users will be settled by the competent court of the Amsterdam District.