General terms and Conditions
Article 1 – Definitions
FCMO Academy B.V. (hereinafter referred to as "FCMO Academy" or "the Company") is a private limited company registered with the Dutch Chamber of Commerce under number 98234161, with correspondence address Box E0314, Keurenplein 41, 1069 CD Amsterdam, The Netherlands.
In these general terms and conditions, the following definitions apply:
- Consumer / Client: Any natural person who purchases a course, program, or service from the Company for purposes outside their trade, business, or profession.
- Courses: All online educational content, including but not limited to video lessons, masterclasses, templates, and workbooks offered through the Company’s platform or third-party systems (such as Thinkific).
- Services: Any additional services offered by the Company, including one-on-one coaching, live webinars, and related learning support.
- Agreement: Any agreement between the Client and the Company for the purchase or access to Courses or Services.
Article 2 – Applicability
- These Terms & Conditions apply to all offers, purchases, and Agreements relating to Courses and Services provided by the Company through its website, online learning platform, or any other sales channel.
- By placing an order, the Client agrees to these Terms & Conditions.
- Deviations from these Terms are only valid if expressly agreed upon in writing by both parties.
- These Terms do not apply to the consultancy or marketing leadership services provided by Fractional CMO Services B.V., which are subject to separate terms and conditions available upon request.
Article 3 – Offers, Prices and Currency
- Displayed Prices and Taxes
All prices displayed on the website or platform are based on the Company’s primary currency, euros (EUR). Prices include any value-added tax (VAT) or sales tax where such taxes are required by law or are automatically collected by the payment platform, including but not limited to customers located in the European Union, the United Kingdom, the United States, and Canada. - Customers Outside These Regions
For customers located outside the EU, UK, US, or Canada, the displayed price represents the total amount payable for the Course or Service. The Company is not responsible for any additional local taxes, import duties, or withholding taxes that may be imposed by authorities in the customer’s country of residence. The customer remains solely responsible for complying with any such obligations. - Tax Processing via Platform
Payments are processed through the Thinkific platform and its integrated payment providers, which automatically calculate and collect applicable taxes for supported jurisdictions. Where no local tax calculation is available, the amount charged represents the final gross price. - Adjustments and Compliance
The Company reserves the right to adjust or account for applicable taxes retrospectively if required by tax authorities, without affecting the validity of the original transaction or the access granted to the purchased Course or Service. - Price Accuracy
All prices are subject to change. Such changes will not affect purchases already completed. Obvious typographical or system errors in pricing or descriptions are not binding. - Currency and Exchange Rates
All transactions are processed in euros (EUR). Any prices displayed in other currencies are for informational purposes only and are automatically converted based on real-time exchange rates. The actual charge to the customer may differ slightly due to currency conversion or bank fees, for which the customer is responsible.
Article 4 – Formation of the Agreement
- The Agreement is established at the moment the Client completes the online payment process and receives confirmation via email.
- The Client is responsible for providing correct and complete information during the registration process.
- After payment, the Client gains access to the purchased Course or Service via the designated learning platform.
Article 5 – Access and Use
- Access to Courses is personal and non-transferable.
- The Client may not share login credentials or allow third parties to access the content.
- The Company reserves the right to suspend or terminate access if misuse or unauthorized sharing is detected.
- The Client is responsible for having the necessary internet connection, equipment, and software to access the content.
Article 6 – Intellectual Property
- All intellectual property rights related to Courses and Services—including videos, slides, templates, texts, graphics, and exercises—remain the exclusive property of the Company or its licensors.
- The Client receives a non-exclusive, non-transferable license to use the materials for personal learning purposes only.
- It is strictly prohibited to copy, share, modify, resell, or distribute any part of the content without prior written consent.
- The Company reserves the right to take legal action in case of unauthorized use or reproduction of its materials.
Article 7 – Payment and Billing
- Payment must be made in full before access to Courses or Services is granted.
- Payments are processed via secure third-party payment providers.
- In case of recurring or installment payments, the Client authorizes automatic billing for the agreed duration.
- If a payment fails or is reversed, the Company may suspend access until payment is completed.
Article 8 – Withdrawal and Refund Policy (Consumers)
- In accordance with EU consumer law, the Client has the right to withdraw from an online purchase within 14 days after the order date, unless the digital content has already been accessed or the Service has started with the Client’s consent.
- By accessing the Course (e.g., logging in or watching any video), the Client expressly waives the right of withdrawal.
- For one-on-one coaching or live sessions, cancellations made at least 48 hours before the scheduled time may be rescheduled. No refund is provided for missed or late cancellations.
- Refunds, where applicable, are processed within 14 days to the original payment method.
Article 9 – Course Availability and modifications
- The Company strives to maintain uninterrupted access to all digital content but does not guarantee availability at all times.
- The Company reserves the right to modify, update, or remove course materials to ensure accuracy and relevance.
- In exceptional circumstances (e.g., platform failure, rebranding, or major updates), temporary downtime may occur.
Article 10 – Liability
- The Company provides educational content and guidance for informational purposes only.
- The Company is not liable for any business or personal decisions made by the Client based on the content of Courses or coaching sessions.
- The Client remains responsible for implementing any advice, strategy, or method discussed.
- The Company’s liability is limited to direct damages only and shall never exceed the total amount paid by the Client for the specific Course or Service.
- The Company shall not be liable for indirect or consequential damages, including loss of profit, income, or data.
Article 11 – Data Protection
- The Company processes personal data in accordance with the General Data Protection Regulation (GDPR).
- The Company’s Privacy Policy, which describes how personal data is collected, stored, and used, is publicly available on www.fcmo.nl.
- By purchasing a Course or Service, the Client acknowledges and accepts this Privacy Policy.
Article 12 – Complaints and Support
- Any complaints regarding the content or technical accessibility of Courses must be submitted in writing via [email protected] within 14 days of discovery.
- The Company aims to respond to all complaints within five (5) working days.
- If a dispute cannot be resolved amicably, it will be handled according to Article 13 below.
Article 13 – Governing Law and Dispute Resolution
- These Terms are governed exclusively by Dutch law.
- In case of disputes, the Client and the Company shall first attempt to resolve the matter amicably.
- If no amicable solution can be reached, disputes shall be submitted to the competent court in Haarlem (the Netherlands), without prejudice to the consumer’s right to bring the dispute before the court in their own country or place of residence as provided by mandatory consumer law.
- The Company operates under Dutch law. Any disputes arising outside the European Union shall be governed exclusively by Dutch law, and the courts of the Netherlands shall have exclusive jurisdiction. The Company does not submit to foreign jurisdiction unless required by mandatory law.
Article 14 – Use of Website and Platform (Terms of Use)
- These Terms of Use govern access to and use of the Company’s website (www.fcmo.nl), online learning environment (Thinkific), and related digital platforms.
- Users agree to use these platforms lawfully and not to share login credentials, copy course materials, or engage in any activity that may harm the platform or other users.
- All intellectual property rights to the platform content remain the exclusive property of the Company or its licensors.
- The Company does not guarantee uninterrupted or error-free access to its platforms and accepts no liability for temporary technical issues.
- The Company may suspend or terminate user access in case of misuse or violation of these Terms.
- By using the platform, users acknowledge that these Terms of Use form part of the General Terms & Conditions of FCMO Academy B.V.
Article 15 – Final Provisions
- If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- The Company may revise these Terms from time to time to reflect legal, operational, or business changes. The latest version applies to all new purchases and is available upon request or through the Company’s website.
- Language and Interpretation: These Terms are available in both English and Dutch. In case of any inconsistency, the English version shall apply to international clients, while the Dutch version shall prevail for agreements governed by Dutch consumer law.
Registered Details
FCMO Academy B.V.
Box E0314, Keurenplein 41, 1069 CD Amsterdam, The Netherlands
Chamber of Commerce (KvK): 98234161
Email: [email protected]
Website: www.fcmo.nl
Note
These Terms & Conditions apply exclusively to the educational and coaching activities of FCMO Academy B.V.
Consultancy and marketing leadership services provided by Fractional CMO Services B.V. are subject to separate terms and conditions, available upon request.